Terms & CONDITIONS
In this policy, the words “we”, “our”, and “us” refer to DELPHY Devices, the website www.delphyautomation.com and the DELPHY smartphone application (“App”) available for Android and iOS platforms (herein after referred to as “DELPHY”). DELPHY Devices are defined as DELPHY smart home hubs, smart plugs, smart boxes (wired smart plugs), sensors and smart door locks, being electrical/electronic devices with radio communication features.
All rights, including copyright, in the DELPHY Devices, Website and App are owned by DELPHY AUTOMATION PRIVATE LIMITED (hereinafter referred to as DELPHY). DELPHY is the proprietary trademark of DELPHY AUTOMATION PRIVATE LIMITED. Any use of the DELPHY Devices, Website and App or its contents, including copying or storing it in whole or part is prohibited without the permission of DELPHY.
If you have any queries about these terms & conditions please mail us at firstname.lastname@example.org and if you have any queries or have any comments or complaints on or about our Devices, Website and App, please email us at: email@example.com
1. ELIGIBILITY CRITERIA –
The usage of the DELPHY Devices, Website and App and its services are not available to minors under the age of eighteen (18) or to any Users “incompetent to contract” within the meaning of the Indian Contract Act, 1872. Notwithstanding the foregoing, if you are below the age of eighteen (18) years, you may avail the services provided by DELPHY through your legal guardian in accordance with the applicable laws. Those who choose to access the DELPHY Devices, Website and App from outside India are responsible for compliance with Indian local laws if and to the extent that local laws are applicable.
2. SECURITY AND SAFETY:
3. USER OBLIGATIONS
a) Subject to compliance with the Terms and conditions, DELPHY grants you a non-exclusive, limited privilege to access and use the DELPHY Devices, Website and App and the services provided therein.
c) You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues and gallery) that you access on the Website and App.
d) You agree to provide true, accurate, current and complete information about yourself as prompted by ‘DELPHY’S’ website and App.
e) You are responsible for maintaining the confidentiality of the password and account created by you on the DELPHY Website and App and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer and mobile device. In case of any unauthorized access or use of your account or other breach of security, you are responsible to immediately notify us at firstname.lastname@example.org and ensure you log out of each activity session. DELPHY shall not be responsible for any negligence on your part.
f) That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by ‘DELPHY’ for redelivery shall be claimed from you and you shall pay such cost.
g) DELPHY reserves the right to confirm and validate the information and other details provided by you at any point of time.
h) DELPHY reserves the right in its sole discretion to review, verify, reject or remove data or content that is available via the Website and App in accordance with its guidelines and the terms and conditions of this Agreement.
i) That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
j) That before placing an order you shall check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale and invitation of offer included in the item’s description.
k) You are also under an obligation to use the DELPHY Devices, Website and App for reasonable and lawful purposes only.
l) You agree to defend, indemnify and hold DELPHY and its officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of your use of the DELPHY Devices, Website and App, your violation of the Agreement or your violation of any rights of a third party.
4. USE OF MATERIALS:
DELPHY owns the copyright to all the contents of the DELPHY Devices, Website and App, except where specific credit is given. You may not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website and App without written consent from us (except as stated below).
You may print or download any page(s) for your own personal and non-commercial use only. If you have any doubts about what you can do, please go to our contact us page to apply for permission to reproduce the content.
While our website and App are as accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control.
b) External Material
you shall not use the DELPHY Devices, Website and App in any way that will damage it or interrupt its provision. You shall not use the website and App to transmit or post any computer viruses.
The website may contain links to other websites; these external websites are not under our control. We cannot be held responsible for such websites and cannot make any guarantees about them. We provide these links because we think they might interest you, but we do not monitor or endorse these other websites.
we take no responsibility for any loss or damage suffered as a result of our “order online” service, or goods supplied using it, except as required by law, even if we could have foreseen the loss, or the possibility of it was brought to our attention.
5. COPYRIGHT, TRADEMARK & DESIGN
DELPHY reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on the DELPHY Devices, Website and App, except where specifically mentioned. Access to the DELPHY Devices, Website and App does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, written and other materials that are part of the DELPHY Devices, Website and App (collectively, the ‘Contents’) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website and App for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You will not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents of the Website and App.
6. CREDIT CARD DETAILS
You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website and App. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. DELPHY expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. Your payment card will be debited for your order on the day we send you the formal order confirmation. DELPHY shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed by DELPHY with our acquiring bank from time to time.
7. SALES TAX/ VAT –
Our prices are inclusive of all applicable taxes.
8. DELIVERY SCHEDULE-
A tentative delivery time will be given along with the formal order confirmation. The exact delivery date shall be provided as soon as your order is ready for dispatch.
9. RESTRICTIONS –
DELPHY reserves the right, at our sole discretion, to limit the quantity/ value of the items purchased by you and such restrictions may be applicable to orders placed by the same account and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. DELPHY reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.
10. CANCELLATION BY DELPHY-
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 canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional information or verification/s before accepting any order. We will inform you if the entire order or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit/debit card has been charged, the said amount will be reverted back in your card account. We will seek authorization on your card for the aggregate amount of the order placed by you, however, we may charge your card (capture) only with the amount corresponding to the actual portion of the order that we are able/willing to fulfill, and any associated shipping charges/taxes and levies etc. Any surplus amount, for which we might have originally sought and received an authorization on your card from your Card Issuer, if not captured by us in the time period stipulated by our Merchant Banker, will not be captured/ charged. If however the same is charged to your card/ bank account in error, we will refund it as soon as the same is realized by us or brought to our notice, whichever is sooner. DELPHY reserves the right to capture/charge your card to the full or partially authorized amount for the concerned order.
11. CANCELLATION AND CHANGES BY CUSTOMERS –
If you wish to cancel or modify your order, please send an email to email@example.com. While we will try to accommodate your request, we cannot guarantee cancellation or modification, once an order has been submitted. Once you have received your online order, if it is the incorrect product or found to be damaged please contact us within 3 days of receipt and we will arrange for collection. The customer agrees not to dispute the decision made by DELPHY and accept DELPHY decision regarding the cancellation.
12. SHIPPING POLICY
Currently we serve to selected cities in India only.
At present, we do not have the option to deliver a single order to multiple destinations. You will need to place different orders for shipment to multiple destinations.
Shipping & Handling Charges.
We provide free shipping to select locations and shipping charges for certain locations shall be specified with your order.
Time to deliver.
The time taken for delivery tends to vary according to the destination; however, we make our best efforts to ensure that the order is delivered within 10-15 working days once you place the order. In the unlikely event that we fail to deliver your order within the stipulated period, we shall cancel the order and notify you regarding the same. In such cases, the refund will be made directly to your account via the same mode through which the payment was made or via the cheque.
We only partner with reputed courier agencies to ensure that the products reach you promptly and in perfect condition. We also ensure that the delivery is made to the recipient and thus require the identity proof for verification:
Recipient needs to keep a photo copy of any of the following national approved photo id proofs handy for receiving the delivery:
Voter identification card
Postal identification Card (Aadhar)
13. RETURN POLICY
A refund shall be provided if you cancel any order before it has been shipped by calling us or emailing us to notify about the cancellation and we will determine if it is possible to cancel/ modify the order. However, once the order has been shipped we will not be able to cancel or modify it. We offer returns and exchanges for orders damaged in transit or if you have received incorrect item(s). In case of a damaged package/ incorrect item(s), please contact us within 3 days of receipt of the order along with a photograph of the product. Please note that to be eligible for a return, you must return the item(s) unused and in the same condition that you received it, in its original packaging, along with the invoice. Our courier partner will collect the order from the address provided by you and will get it back to us.
Refunds shall not be provided if:
a) The products are returned in a used or damaged condition.
b) The products are not faulty or damaged.
c) Incorrect or outdated delivery address. Incorrect address format including any form of a PO Box address.
d) After 3 failed delivery attempts by our respective courier agent.
e) Package refused by recipient.
14. SITE AND APP SECURITY
You are prohibited from violating or attempting to violate the security of the DELPHY Devices, Website and App, including, without limitation,
a) Accessing data not intended for you or logging onto a server or an account, which you are not authorized to access.
b) Attempting to probe, scan or test the vulnerability of a system, network or breach security or authentication measures without proper authorization.
c) Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the site, overloading, and “flooding,” “spamming,” “mail bombing” or “crashing.”
d) Sending unsolicited emails, including promotions and/or advertising of products or services.
e) Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting Violations of system or network security may result in civil or criminal liability. DELPHY will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this site and app or any activity being conducted on this site and app. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this site and app other than the search engine and search agents available on this site and other than generally available third party web browsers.
Your use of the DELPHY Devices, Website and App is at your sole risk. The DELPHY Devices, Website, Apps and the information, services, products, programs and materials available through it are provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, DELPHY and its affiliates expressly disclaim all warranties of any kind whether express or implied, including but not limited to any warranties of title, or implied warranties of merchantability, fitness for a particular purpose and non-infringement. DELPHY does not make any warranty that (a) the DELPHY Devices, Website and App will meet your requirements, or (b) that the DELPHY Devices, Website and App or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the site and app will meet your expectations, or (d) that defects, if any, will be corrected, or (e) there will be no unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, or (f) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our services by any third party.
You agree that DELPHY shall have no responsibility for any damages suffered by you in connection with the DELPHY Devices, Website and App or any content contained therein. You expressly agree that use of the DELPHY Devices, Website and App, including all content, data or software distributed by, downloaded or accessed from or through the DELPHY Devices, Website and App, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the use of the DELPHY Devices, Website and App. Prices and products may change at DELPHY’s discretion. All products and information displayed on www.delphyautomation.com constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of DELPHY prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have provided us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
All products are subject to availability. We reserve the right to limit the quantity of products we supply, supply only part of an order or to divide up orders. We will inform you if we are unable to fill your order. Prices on the website are subject to change without notice and can vary from time to time.
16. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered in connection with your use of the DELPHY Devices, Website and App will be and remain the property of DELPHY. Such disclosure, submission or offer of any comments shall constitute an exclusive irrevocable and perpetual assignment to DELPHY of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments or reviews.
You agree and confirm that any comments submitted by you to the website and app will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s) and will not cause injury to any person or entity. You further agree that no comments submitted by you to the website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of spam.
You grant DELPHY the right to use the name that you submit in connection with any comments, reviews etc. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any comments you submit. You are and shall remain solely responsible for the content uploaded by you and you further agree to keep indemnified DELPHY and its affiliates for all claims resulting from any content submitted by you. DELPHY and its affiliates are not responsible nor assume any liability for any content submitted by you or any third party.
17. INDEMNITY AND LIMITATION OF LIABILITY
Under no circumstances including, without limitation, its own negligence, shall DELPHY or its parents, subsidiaries, officers, employees, affiliates, directors, agents, suppliers, or any other party involved in creating, producing, transmitting, or distributing DELPHY or related products and services be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other tangible and intangible losses (even if DELPHY has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the DELPHY Devices, Website and App (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the DELPHY Devices, Website and App; (c) unauthorized access to or alteration of your transmissions or data; or (d) any other matter relating to the DELPHY Devices, Website and App. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
While DELPHY has taken all due care in ensuring the safety of its users in relation to use of its Devices, Website and App, however you agree to indemnify DELPHY against any loss or damage arising out of the use or misuse of the DELPHY Devices, Website and App in any manner, including loss of data, property or life.
18. DISCLAIMER AS TO OWNERSHIP OF TRADE MARKS, IMAGES OF PERSONALITIES AND THIRD PARTY COPYRIGHT
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and images of third party products, services and/ or locations featured on this Website are in no way associated, linked or affiliated with DELPHY and you should not rely on the existence of such a connection or affiliation. Any trademarks/ names featured on this Website are owned by the respective trademark owners.
19. FORCE MAJEURE
We are not liable for any delay in the performance or non-performance of any of our obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments’ of any kind, import or export regulations, non-availability of internet connectivity, exchange control regulations or accident or non-availability/ delay in transport.
This User Agreement is effective unless and until terminated by either you or DELPHY. You may do so by (i) not accessing the DELPHY Devices, Website and App; or (ii) closing your accounts for all of the Services that you use, where DELPHY has made this option available to You.
We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website and App. Such termination will be without any liability to DELPHY. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of this User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or App or affect any liability against you that may have arisen under the User Agreement.
21. GOVERNING LAW AND JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Hyderabad shall alone have exclusive jurisdiction in any proceedings arising out of this agreement.
22. MODIFICATION OF TERMS AND CONDITIONS OF SERVICE
DELPHY reserves the right at any time to modify the terms and conditions of this User Agreement without any prior notification to you. You can access the latest version of the User Agreement at any given time on www.delphyautomation.com