The domain name www.epurplesky.com (“Website”) is registered in the name of Purple Sky Technologies LLP, a limited liability firm duly registered under the laws of India having its registered office at C-34, Ground Floor, Annexe (Garage), GK-1, New Delhi-110048, India (“Company”). The Company is in the business of selling latest consumer electronics under their own brandname (“Products”) through the Website. Our flagship brand is FindMe kids gps watch cum phone which empowers the parents to stay connected with their kids on a single click & vice-versa, keeps a track of their location, pedometer, etc.
You (“you” or “end user” or “your” or “buyer” or “customer”) are required to read and accept all of the following terms and conditions (“Terms of Use”) and the linked Privacy Policy, before you may use the Website. The term “we”, “us”, “our” shall mean the Company.
These Terms of Use are effective upon acceptance and governs the relationship between You and the Company including the sale and supply of any Products through the Website. If these Terms of Use conflicts with any other document, the Terms of Use will prevail for the purposes of usage of the Website. If you do not agree to be bound by these Terms of Use and the Privacy Policy, you may not use the Website in any way. By placing an order, You make an offer to us to purchase products subject to Website’s restrictions, merchant’s restrictions and the following Terms of Use.
As a condition of purchase, the Website requires your permission to send You administrative and promotional emails on your registered email accounts and SMS on your registered mobile numbers. Please see our Privacy Policy for details. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to You. The offers made in those promotional emails or SMS/MMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change.
Refer Privacy Policy: http://epurplesky.com/privacy-policy/
Detailed Terms of Use:
1. General
These Terms of Use sets forth the terms and conditions that apply to the use of the Website/Mobile Application/Software by the User. By using this Website, the User agrees to comply with all of the terms and conditions hereof. The right to use the Website is personal to the User and is not transferable to any other person or entity. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Website accessible 24X7, the Website may not be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Website may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Website/Mobile Application/Software, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
2. Modified Terms.
The Company reserves the right at all times to discontinue or modify any of our terms and conditions and/or our Privacy Policy as we deem necessary or desirable without prior notification to You. Such changes may include, among other things, the adding of certain fees or charges. We suggest to You, therefore, that You re-read this important notice containing our terms and conditions and Privacy Policy from time to time in order that You stay informed as to any such changes. If we make changes to our terms and conditions and Privacy Policy and you continue to use the Website, you are impliedly agreeing to the terms and conditions and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of the Website /Mobile Application/Software by User after such notice shall be deemed to constitute acceptance by the User of such modifications. These Terms of Use, as modified or amended from time to time, are a binding contract between the Company and You. If you visit, use, or shop through Website You accept these Terms of Use.
3. Equipment
The User shall be responsible for obtaining and maintaining mobile, telephone, computer hardware and other equipment needed for access to and use of the Website/Mobile Application/Software and all charges related thereto. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Website/Mobile Application/Software.
4. Website Access
Company grants you a limited license to access and make use of the Website. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; catching, unauthorized hypertext links to the Website and the framing of any content available through the Website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Company’s sole discretion) an unreasonable or disproportionately large load on Website’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Website to prevent or restrict access to the Website. Any unauthorized use by You shall terminate the permission or license granted to you by the Company.
You shall not host, display, upload, modify, publish, transmit, update or share any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; is misleading in any way, is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory; infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity; tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
5. Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member and shall not transact or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. Company reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years.
The Company owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to the Company or payments made by your credit card by any third party.
6. Your Account
If You use the Website, You shall be responsible for maintaining the confidentiality of your User ID and password and You shall be responsible for all activities that occur under your User ID and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website. If you use the Website, you are responsible for maintaining the confidentiality of your account and password. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security. Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
7. Pricing Information
We aim to provide you with the best prices possible on products you buy from the Website, however, Website does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Website are not subject to comparison with the same or similar product(s) available through any online or offline sale. The pricing is subject to Company’s pricing policy and the prices shall be determined only at Company’s sole discretion.
While Website strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Website may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Company will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Website accepts your order the same shall be debited to your credit card account. The payment may be processed prior to the dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account.
8. Cancellation
By Company: Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by the Company.
By the Customer: In case of requests for order cancellations, Company reserves the right to accept or reject requests for order cancellations for any reason. We will not be able to cancel orders that have already been processed. Company has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by the Company and accept Company’s decision regarding the cancellation.
9. Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by the Company with any of the third parties unless required for fraud verifications or by law, regulation or court order. Company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to ‘prove otherwise’ shall be exclusively on you.
10. Disclaimer of Warranty
All content, products, and services on the Website, or obtained from a website to which the Website is linked (a “linked site”) are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the product would be provided by the manufacturer/supplier of such product and not by the Company. Any claim in relation to the same should be raised against respective manufacturer/supplier and not us. In any case whatsoever Website does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Website by any party other than Company, (b) any content provided on linked sites or (c) the capabilities or reliability of any product obtained from the Website or linked site. Other than as required under applicable consumer protection law, under no circumstance will the Company be liable for any loss or damage caused by a user’s reliance on information obtained through the Website or a linked site, or user’s reliance on any product obtained from a linked site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the Website, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
When any Products is purchased by the User pursuant to these Terms of Use in original, unmodified, unused condition, Company will provide such User with a Limited Warranty as defined in the documentation supplied with the Product. SUCH WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, AND COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. COMPANY WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO THE USER OR ANY OTHER PARTY FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST DATA, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO OR RESULTING FROM THE SALE OF PRODUCTS OR SERVICES BY COMPANY HEREUNDER, RESALE OR USE BY ANY USER OR ANY OTHER PARTY OF SUCH PRODUCTS, EVEN IF COMPANY HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. If we are unable to deliver such Products due to implications of any applicable laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You.
11. Return & Exchange Policy
You acknowledge that these terms of returns and exchange are limited to direct sale by the Company to you through the Website and that these terms of returns and exchange are not available in case of a sale by third party and invoice which shall be governed by the terms of such sale. Company may accept returns on products at its sole discretion and provided that the item is declared for return immediately at the time of physical acceptance of the delivery.
Following products shall not be eligible for return or replacement:
• Damages due to misuse of product;
• Incidental damage due to malfunctioning of product;
• Any consumable item which has been used/installed;
• Products with tampered or missing serial numbers;
• Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
Company reserves the right to refuse returns, refunds or exchanges on any item at its discretion. Exchange can be for the entire product or part(s) of the product subject to availability of the same with the Company. In case of returns/exchange, Company shall provide credit notes/credit vouchers/cash refund to the users if the requested return/exchange could not be performed. The user shall be provided with a credit notes/credit voucher/cash refund upon the completion of the return/exchange process.
• All conditions applicable to return of goods shall also apply to exchange of goods. Company is not liable for any damages caused to the Product during transit.
• Whether the payment was made using a credit/debit card or any form of net banking, the amount is credited back to the same account from which the payment was made. In case payment is made through cheque/demand draft, then the Company will issue a cheque as refund.
12. Limitation of Liability
You expressly understand and agree that Company and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from use of the Website, sale and supply of Products or any related/unrelated services and other services offered on the Website from time to time.
13. Indemnity
You agree to indemnify and hold the Company (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of these terms and conditions, or your violation of any law or the rights of a third party.
14. Electronic Communication
When you use the Website or send emails to us, you are communicating with the Company electronically. You consent to receive communications from the Company electronically. Company will communicate with you by email, SMS or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
15. Links
The Website or third parties may provide links to other World Wide Web sites or resources. Because the Company has no control over such sites and resources, you acknowledge and agree that Company is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. Trademarks
The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of the Company and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta tags on other pages or sites on the World Wide Web without the written permission of the Company or such third party which may own the Marks. All information and content including any software programs available on or through the Website (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Website for commercial or public purposes.
The Website contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. The Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of the Company and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Website or a website otherwise owned or operated in conjunction with the Company shall not be deemed to be in the public domain but rather the exclusive property of the Company, unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of the Company, unless otherwise stated.
17. Billing
The price of our merchandise is inclusive of the statutory taxes. The taxes charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for central, state and local tax rates in accordance with the address where the order is being shipped. Company reserves the right to collect taxes for shipping charges wherever applicable.
18. Offer, Schemes and Contest
Company may introduce various offers, schemes or contest (“Contest”) at different times. The terms and conditions for such Contest shall be separately available on the Website. In the event of any conflict between these terms and conditions and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail.
While participating in the Contest you hereby agree to release and hold Company (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your participation in the said Contest.
Company reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different schemes it introduces from time to time. Company at its discretion can withdraw a particular scheme from the Website.
19. Delivery
Company endeavors but does not guarantee to deliver the products to customers within 2 weeks from the day of close of sale depending upon the shipping location. Company works with different manufacturers, distributors, importers (Suppliers) and the delivery time to customers is subject to delivery of products from supplier. Other factors include delay in delivery through the courier partner, strike or, lock-out or civil commotion or by reason of war or enemy action or terrorist action or earthquake or any act of God or due to any act, notice, order, rule or notification of the Government, etc. Company reserves the right to make delivery of the goods in installments. If the goods are to be delivered in installments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if Company fails to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the installments. If you fail to take delivery of the goods, Company may at its discretion charge you for the additional shipping cost.
Further, Company may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following: (i) unavailability of the relevant product; (ii) failure of the concerned manufacturer/supplier/importer to deliver relevant product to the Company; (iii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and (iv) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages, monetary compensation, redeemable vouchers and/or credit notes.
20. Payment Options
While availing any of the payment methods i.e. Credit Card/Debit Card/Net Banking/Offline NEFT/RTGS fund transfer/Cheque and Demand Drafts, available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to lack of authorization for any transactions, or exceeding the preset limit mutually agreed by You and between your bank, or any payment issues arising out of the transaction, or decline of transaction for any other reasons.
All payments made against the purchases on Website by you shall be compulsorily in Indian Rupees acceptable in India. We do not accept any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
21. Termination
Without limiting other remedies, we may limit Your activity, immediately remove Your information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Website in the event, but not limited to:
• If You breach the Terms of Use or Privacy Policy or other rules and policies, if any;
• If we are unable to verify or authenticate any information You provide; or
If it is believed that Your actions may cause legal liability for You, other users or us. We may at any time at our sole discretion reinstate suspended users. A user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, we reserves the right to recover any amounts due and owing by You to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
22. Miscellaneous
If any of these conditions are deemed invalid, void, or for any reason unenforceable, the parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. From time to time Company may offer special promotional offers which may or may not apply to your account. To avail of such promotional offers, you agree to be bound by any additional terms and conditions for these special offers which are laid down by Company. These Terms of Use and the relationship between you and the Company will be governed by the laws as applicable in India. Any disputes will be handled in the competent courts of New Delhi, India. The failure of the Company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as otherwise, expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. These Terms of Use constitutes the entire agreement between you and the Company and governs your use of the Website, superseding any prior agreements between you and the Company with respect to the Website.
Communication Address:
Purple Sky Technologies LLP
C-34, Ground Floor, (Annexe),
GK-1, New Delhi-110048.
Concerned Person:
Email id. parivesh@ePurpleSky.com, gaurav@ePurpleSky.com