Terms of Sale

The subject matter of the contract is the use of the Company's mobile software applications, web applications, the ELHI TECH devices, ELHI TECH Plus premium subscription plan and services (the "Products"). The mobile applications are made available through the various stores for mobile applications (iOS App Store, Android Play Store, etc.). The Company's server infrastructure is the central link from the software applications to the ELHI TECH devices. In order to use the full range of functions offered by the software applications of the Company, a working, always-on wifi connection must be available at the place of installation. The availability and functioning of the wifi connection shall be the sole responsibility of the Customer. Please note that at the time of this contract the ELHI TECH Application is only available for Apple Macbook (Trademark of Apple Inc.)

Orders from Customers shall be placed online through the Company's website. No order shall be final until accepted by the Company by a separate email confirming the order. After acceptance an order shall not be subject to cancellation by the customer. All sales are final. Customers are not authorized to resell any order, in whole or in part, by any means, including online or via e-commerce. The Company reserves the right to cancel any order before it is shipped and refund the customer.

The Company will endeavor to ship Products available on stock, within 14 days after acceptance of orders depending on size of order and number of Products. Some products may be on a pre-order status, and will be displayed on the website as such. Such pre-order products may be shipped at the date that was declared on the website with a reasonable delay of up to 30 days after pre-order ship date.

Although the Company will make every reasonable effort to deliver by the estimated shipment date, the Company does not guarantee shipment by that date. Further, shipment may be delayed by strike, fire, act of God, transport disruptions, unavailability of materials or components, or any other circumstances not within the reasonable control of the Company that prevents delivery in the normal course of business. The Company may elect to ship partial orders.

All Products will be tendered and shipped be Ex-works (INCOTERMS 2010) unless otherwise indicated by the Company. Title to (except with respect to any and all intellectual property rights in and to any Products) and all risk of delay in shipment, loss or damage for any Products will pass to Customer upon tender by the Company of Products to the carrier.

Company will select the carrier and ship freight prepaid. Shipping and handling charges will/can be invoiced to the Customer. In cases where Customer, for any reason, requests deliveries of Products on a basis that is not in conformity with Company’s standard shipping procedures, Customer shall be responsible for all costs associated with premium freight and any overtime required to make deliveries in conformance with Customer’s required schedule. Customer will pay all loading charges and all taxes. Company will not be deemed to assume any liability in connection with its selection of a carrier or its failure to obtain insurance.

The prices displayed on the website of the Company at the time of placing the order shall apply. If delivery charges are incurred, the Customer will be informed of the amount of delivery charges at the time of placing the order. All prices indicated on the website are exclusive of applicable VAT/GST or other sales taxes.

Unless otherwise stated in Company’s invoice or agreed in writing executed by an officer of Company, payments are to be made prior to the shipment by the Company of any Products. The payment options may vary from country to country. The Company reserves the right to contract third parties with processing for the various payment options. As a general rule, invoices shall be sent to Customers by email.

Any software portion of the Products is provided under a limited license to use only in conjunction with the applicable hardware portion of the Products and not on a stand-alone basis, and is, and shall remain, the property of the Company or of any licensor of the Company, as applicable. The license terms and conditions applicable to any software are set forth in these terms and conditions and on any software license terms document or file that may accompany the applicable Product (which is available for Customer's review upon request). Customer shall keep confidential and shall not disclose to any third party, without Company's prior written consent, any non-public information received by it from Company with regard to the Products and all other materials provided to Customer by Company. The Customer may use the applicable Product (which is available for Customer's review upon request). Customer shall keep confidential and shall not disclose to any third party, without Company's prior written consent, any non-public information received by it from Company with regard to the Products and all other materials provided to Customer by Company. The Customer may use the Products only for its own personal use and not for further distribution or resale. Customer shall not, and shall not permit or aid others to, translate, reverse engineer, decompile, disassemble, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Products and shall not remove or obscure any proprietary notices on the Products. Company and its licensors shall retain all proprietary rights of any kind to any intellectual property in and to the Products, including without limitation any modifications made to the Products whether or not on the basis of requests, suggestions or ideas of Customer.

The Company shall carry out all data processing operations (e.g., collection, processing, and transmission) in compliance with statutory requirements. The personal data supplied by the Customer, order data and operating data provided by the ELHI TECH Kit shall be stored electronically by the Company.

The Company shall be permitted to transmit Customer data (limited to the name, address, email and telephone number) to carefully selected partners. The Company and the selected partners may use the Customer data to inform the Customer by post or by telephone about products and/or services, which they believe may be of interest to the Customer. The Customer can notify the Company in writing that he does not wish to receive such information.

Further information about the nature, scope, location and purpose of collecting, processing and the use of personal data required to execute the order can be found in the privacy policy of the Company.

Company warrants to Customer that, for a period of 3 months following the date of shipment to Customer (the “Warranty Period”) any hardware portion of the Product will be free of material defects in material and workmanship. The Customer needs to explicitly register their Bought product with the Company to enjoy the above warranty. If the Customer fails to register their SKU/SERIAL NUMBER of the Product or Products with the company within the given time frame (As stated on the Company's Website), the Warranty will be void.

The warranty set out in this sub-clause does not cover malfunctions, failures or defects resulting from misuse, abuse, accident, neglect, improper or inadequate maintenance, alteration, modification, improper installation or repairs by any party other than the Company.

In the event that during the Warranty Period Customer notifies the Company in writing of a warranty claim under the above warranties then Company, at its sole option and as a sole remedy to Customer, shall either (i) supply a replacement Product at the half of the cost of the new product; or (ii) request return of the defective Product for repair in accordance with Company's then prevailing procedures. In the event that the Company requests the return of the Product, the Customer will pay the freight for the defective Product returned to the Company. If a Product is returned for warranty service and no malfunction is found, the Customer will pay the Company the rate for testing the Product effective at the time, as well as incoming shipping charges. Each Product which is repaired or replaced pursuant hereunder shall be under warranty until the end of the remainder of the Warranty Period, or, if such failure occurs within the last month of the Warranty Period, until thirty (30) days following the end of the original Warranty Period.

THE WARRANTIES SET FORTH IN THIS SUB-CLAUSE ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY THE COMPANY WITH RESPECT TO THE PRODUCTS AND THE COMPANY DISCLAIMS ANY AND ALL WARRANTIES OTHER THAN AS EXPRESSLY PROVIDED IN THIS CLAUSE, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.

REGARDLESS OF THE FORM OF ACTION (I) THE COMPANY SHALL NOT HAVE ANY LIABILITY FOR INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS, AND (II) THE COMPANY SHALL NOT BE LIABLE FOR AN AMOUNT GREATER THAN THE AMOUNT PAID TO IT BY CUSTOMER FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY.

These terms and conditions represent the entire agreement between the parties in respect of the subject matter herein, shall be governed exclusively by the laws of the State of Delhi, India excluding its conflict of law rules (and excluding the application of U.N. Convention on Contracts for the International Sale of Goods or any other international convention or treaty) and any dispute in connection thereto shall be exclusively resolved accordance with such laws in the competent courts in Delhi, India. The provisions of these terms and conditions are severable and shall be interpreted so as to be valid and enforceable to the maximum extent possible under applicable law. Any invalid or unenforceable provision shall be reformed or replaced by a valid and enforceable provision that is as similar in meaning as possible, and the remaining provisions shall remain enforceable to the fullest extent permitted by law. The waiver of any provision by a party shall not be construed as a waiver of any succeeding occurrence or any other provision, nor shall delay or omission of a party to avail itself of any right, power or privilege operate as a waiver of such right, power or privilege. Company may freely assign its rights and obligations under these terms and conditions to any third party. The Customer shall not be entitled to assign any of its rights and obligations hereunder without the prior written consent of the Company and any assignment without such prior written consent shall be null and void. the Company and any assignment without such prior written consent shall be null and void.