This summary is provided only for convenience. This summary is not a replacement for reading and understanding the entire terms and conditions. In case of any conflict between this summary and any other part of the terms, such other part of the terms shall prevail.
At https://www.voltas.com you can purchase products for delivery only in India. Use of this service is subject to the following conditions, among others:
- You must be at least 18 years old and competent to enter into a contract to use this service;
- Abusive behavior will not be tolerated;
- You are responsible for everything that happens through the use of your account;
- Payments and deliveries, are provided by third parties. Their terms are applicable to these activities.
If you do any or all of the following, you indicate that you have read, understood, and agree to the terms and conditions:
- Explicitly accepting the terms and conditions such as by ticking a checkbox;
- Accessing the website or service;
- Creating an account;
- Accessing an account;
- Placing an order or making a payment;
- Undertaking any other action that involves interacting with the Service.
The terms are subject to change. Please see the date on this page to know when these terms were last modified.
The website at https://www.voltas.com ("Website") is owned by Voltas Limited a company established in India under the Indian Companies Act, 1913 and having its registered office at Voltas House A, Dr. Babasaheb Ambedkar Raod, Chinchpokli, Mumbai – 4000-33 and operated by Net Distribution Services Private Limited a company incorporated under the Indian Companies Act, 1956 and having its registered office at A-302, Dipti Classic, 32/34 Suren Road, Andheri (East), Mumbai 400 093, ("VOLTAS", "We", "Us" and/or "Our"). These terms and conditions ("Agreement" and/or "Terms") are applicable to the use of the Service by Customers.
We reserve the right, at Our sole discretion, to change or modify whole/portions of these Terms at any time. If We do this, We will post the changes on this page or a prominent portion of the Website and will indicate in a reasonable manner the date these Terms were last revised. Any such changes will become effective from the 7th day after they are posted, except that certain categories of modifications may be effective immediately as provided in more detail under "Modification of this Agreement" below. Your continued use of the Service after the date on which any such changes become effective constitutes Your acceptance of the modified Terms.
In order to fulfil your Instructions, certain activities are undertaken by third-parties under their own terms and conditions ("Third-Party Service Provider(s)"). You are responsible for reading and understanding the terms and conditions of Third-Party Service Providers prior to placing any Instruction on the Service that would require the involvement of such Third-Party Service Provider. Once any instruction is placed by You in terms of this clause, it shall be deemed that you have read, understood and accepted the terms and conditions on such Third Party Service Providers. Third Party Service Providers include, but are not limited to:
(a) Payment Gateways. The Service includes the following third-party payment processor(s) or payment gateway(s), or such other payment processor(s) or payment gateway(s) as may be specified in the Service: Razorpay Limited;
(b) Delivery Providers. Delivery of products ordered through the Service is handled by third-party delivery service(s) including the following or such other other delivery service as may be specified in the Service:.
The following terms and conditions, and policies, as updated from time to time, apply to your interactions and Instructions on the Website or Service, and are incorporated herein by reference:
By undertaking any or all of the following actions You indicate Your acceptance of these Terms:
(I) explicitly accepting these Terms such as by ticking a checkbox;
(II) accessing the Website;
(III) creating an account on the Website;
(IV) accessing an account on the Website;
(V) Placing an order or making a payment; and/or
(VI) undertaking any other action that involves interacting with the Service.
You warrant that You possess the legal authority to accept these Terms and thereby enter into an agreement with VOLTAS under the applicable laws and to use the Website and Service(s) in accordance with all terms and conditions herein.
2.1 "Affiliate(s)" means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.
2.2 "Agreement" means this Terms and Conditions agreement.
2.3 "Customer" means: (i) in case of a person visiting or interacting with the Website or Service on behalf of himself or herself, such natural person; (ii) in case of a person visiting or interacting with this Website or Service on behalf of another natural person, such other natural person.
2.4 "Documentation" means the information made available by VOLTAS regarding the Service, including user guides & manuals; help files; tutorials including written, audio and video; policies; procedures; and other information made available by VOLTAS regarding the Service, as updated from time to time.
2.5 "Instruction(s)" means the instructions given by You on or through the Website, and includes Orders placed by You through the use of the Website.
2.6 "VOLTAS", "We", "Us" and/or "Our" means Voltas Limited described in Introduction above.
2.7 "Order" or "Ordered" means an offer made by You to VOLTAS to purchase certain product(s) manufactured by VOLTAS or any of its Affiliates/ Associate Company from the Website.
2.8 "Service" means the Website; Your Instructions, Orders and interactions with the Website; responses generated by the Website; and all actions undertaken in pursuance of Your Instructions on the Website, including but not limited to placement of orders, dispatch of ordered products, and delivery of ordered products.
2.9 "Terms" means this Terms and Conditions agreement.
2.10 "Third-Party Service Provider(s)" shall have the meaning assigned to it under the Introduction above.
2.11 "User" means a person visiting and interacting with the Website or Service.
2.12 "Website" means the website at https://www.voltas.com.
2.13 "You" and/or "Your" means Customer.
- Access and Use of Service
3.1 Age and Competence. The Service is not intended for anyone under 18 years of age. You affirm that You are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If You are under 18 years of age, then please do not use the Service. Please ask a parent or legal guarding to place any Order through their own account.
3.2 Usage Limits. VOLTAS may place reasonable technical or non-technical limitations on the use of the Service by Customer, regardless of whether or not such limitations are communicated to Customer, including but not limited to allocation of bandwidth, computing power, or any other limitation mentioned in Documentation or as specified in the Service.
3.3 Service Availability. We will do our utmost to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
3.4 Reviews, Comments, Communications and Feedback. The Website may include functionality that allows You to post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions or other information, as long as the content does not violate these Terms or any applicable law(s). In particular, all such content must abide by Your responsibilities under "Legality of Your Use" below. You agree to grant licenses in accordance with "License by Customer" below. You represent and warrant that You own or otherwise control all of the rights to the content that You post or that You otherwise provide on or through the Website or Service; that the content or material is accurate; and that use of the content and material does not breach these Terms and any applicable policies.
- Customer Responsibilities
4.1 Customer Disclaimer. You acknowledge and undertake that You are accessing the Website and providing Instructions, placing Orders, or otherwise interacting with or transacting on the Website or Service at your own risk, and that You are using Your best and prudent judgment before undertaking any such activity.
4.2 Accounts. You may be required to create an account in order to access and use certain features of the Service. If You choose to create such account, You agree to provide and maintain true, accurate, current and complete information about You. You are responsible for maintaining the confidentiality of Your password and account, if any, and are fully responsible for any activity that occurs under Your account. You agree to immediately notify VOLTAS of any unauthorized use of Your password or account or any other breach of security.
4.3 Legality of Your Use. The Website may allow You to transmit or publish information such as by posting reviews and providing feedback. VOLTAS may remove any information in violation of this clause at any time without prior notification and without assigning any reason. You shall be the sole responsible party to ensure that Your use of the Website and Service complies with all applicable laws, and third-party privacy and intellectual property rights. In particular, You shall not host, display, upload, modify, publish, transmit, update or share any information that:
4.3.1 belongs to another person and to which You do not have any right to;
4.3.2 is grossly harmful, harassing, blasphemous, malicious, misleading, defamatory, obscene, pornographic, pedophilic, libelous, 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;
4.3.3 harm minors in any way;
4.3.4 infringes any patent, trademark, copyright or other proprietary rights;
4.3.5 violates any law, rules or regulations for the time being in force in or outside India;
4.3.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
4.3.7 impersonate another person;
4.3.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
4.3.9 threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or insulting any other nation;
4.3.10 falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file, text, information or data that is uploaded or otherwise provided by You;
4.3.11 consists of commercial solicitation, mass messaging, political campaigning or any form of spam;
4.3.12 is likely to cause annoyance, inconvenience or needless anxiety.
4.4 Misuse of Services. You must not misuse the Website or Service by interfering with their normal operation or attempting to access them using a method other than through the interfaces and instructions provided by VOLTAS. You must not attempt to gain unauthorized access to the Website or Service or content or their related systems or networks. You must not attempt, permit or undertake direct or indirect access to or use of the Website or Service or content in a way that circumvents a contractual usage limit, or use the Website or Service to access or use any of VOLTAS's intellectual property except as permitted under these Terms or the Documentation.
4.5 Abusive or Excessive Use. You must not take any action or otherwise engage in (i) imposing an unreasonable or disproportionately large load on the Service of the infrastructure of the Service; and/or (ii) abusive or excessive usage of the Services or the infrastructure of the Services, which usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users.
4.6 Information Extraction. You shall not, without explicit prior written authorization from VOLTAS specifically permitting such an action, perform reverse look-up, trace or seek to trace any information on any other Customer of Website, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
4.7 Fraudulent or unlawful behaviour. You agree not to use the Service for fraudulent purposes, or in connection with criminal offense or other unlawful activity. VOLTAS reserves the right to bar You and lock/ delete Your account.
4.8 Scanning for Vulnerabilities. You agree not to probe, scan or test the vulnerability of any VOLTAS system or network without explicit prior written authorization by VOLTAS.
4.9 No Reverse Engineering. You may not, and You will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Website, whether in whole or in part, or create any derivative works from or of the Website.
4.10 Compliance with the Terms. You shall be the sole responsible party for Your compliance with these Terms.
- Order Terms
5.1 Your Orders. Your Order shall for all intents and purposes will be treated as an offer to purchase the product(s). When You place an Order to purchase a product from us, You will receive an e-mail confirming receipt of Your Order and containing the details of Your Order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that
5.2 Personal Use. You confirm that the product(s) ordered by You are purchased for Your internal / personal purpose and not for re-sale or business purpose. You authorize us to declare and provide declaration to any governmental authority on Your behalf stating the aforesaid purpose of the products ordered by You on the website.
5.3 Payments. You undertake to make all payments in a timely manner, including but not limited to all applicable taxes, charges and fees as may be specified. We accept payments through a third-party payment gateway. The modes of payment offered by such third-party payment gateway may include credit card, debit card, net banking, mobile wallets and/or UPI. The terms and conditions, policies, procedures and guidelines of the Reserve Bank of India, National Payments Corporation of India, and the third-party service providers including but not limited to payment gateway, bank, mobile wallet, shall be applicable to all transactions undertaken by You. You assume sole responsibility for all risks associated with transfer of money or payments to Us, whether or not such transfer or payments are done through the use of a third-party payment gateway. All disputes regarding delayed payments or failed payments must be resolved with Your own financial service provider such as Your bank, and the third-party payment gateway, if any. VOLTAS shall not be responsible for any failed or delayed payments, loss of information, loss of reputation or any other damages or losses faced by You or any third-party due to the use of such third-party payment gateway.
5.4 Cancellation Before Dispatch. You can cancel Your Order at any time without any cost before the product is dispatched. Please note that there may be a delay between the product dispatch and the delivery of Dispatch Confirmation E-mail to You. VOLTAS shall have the final say and VOLTAS's decision shall be final regarding the question of whether any ordered product had been dispatched prior to the cancellation of Your Order. Refunds, if any, shall be processed by VOLTAS in accordance with "Refunds" below.
5.5 Cancellation at the Time of Delivery. You can cancel Your Order at the time of delivery of the Order to You, subject to payment of a penalty by You to VOLTAS to be determined by VOLTAS in its sole discretion. Such penalty may include costs for packaging, payment gateway charges, delivery fees, costs borne for rerouting or returning the product(s), and any other costs or charges borne by VOLTAS resulting from the cancellation of Your Order.
5.6 Returns Not Permitted. Once a product has been delivered to the address provided by You, the product cannot be returned for any refund.
5.7 Product Installation and Demonstration. VOLTAS may offer installation and/or demonstration of products sold through the Service. If You purchase a product through the Service, You may, within such time as may be specified by VOLTAS, request VOLTAS for the product to be installed and/or demonstrated at the address at which the product was delivered. Unless specified otherwise by VOLTAS at the time of placing of Your Order, VOLTAS reserves the right to charge such fee for product installation and/or demonstration as may be specified. VOLTAS reserves the right to restrict product installation and/or demonstration to specific locations for any reason, including but not limited to distance from the nearest available VOLTAS personnel with appropriate tools and training.
5.8 Damaged or Defective Product. If a product is damaged or defective at the time of its delivery to You, You should ensure to make a specific remark on the delivery acknowledgement. You must contact VOLTAS from the receipt of the damaged or defective product. Upon being notified of a damaged or defective product within the time period specified above, or if any damage or technical fault is observed by VOLTAS personnel at the time of product installation and demonstration, VOLTAS may investigate and determine in its sole discretion whether: (i) the product was dead on arrival (DOA) or damaged before delivery to You or the address specified for the delivery of the Order; (ii) the product is the same as the product that was shipped to You; and/or (iii) the product is in its original condition (with brand's/manufacturer's box, MRP/MSRP tag intact, user manual, warranty card and all the accessories therein). You contacted VOLTAS within the time period specified hereinabove. You agree to provide all support necessary for VOLTAS to determine (i), (ii) and (iii) above, including but not limited to taking the DOA or damaged product to Our nearest authorized service centre, and not tampering with any seal placed and/or certificate provided by such authorized service centre. If You do not contact VOLTAS within the time period specified above and/or if (i), (ii) and/or (iii) above are not satisfied or are violated as determined by VOLTAS, VOLTAS shall not be liable under this Agreement for any damage or defect in any such product. Subject to Your compliance with the terms of this Agreement and the conditions specified hereinabove, VOLTAS's sole responsibility and liability to You shall be to use commercially reasonable means to ensure that You have a working product, and if this is not commercially viable, VOLTAS may, in its sole discretion, offer to cancel the Order for that product and provide a refund to You in accordance with "Refunds" below. Nothing in this clause shall prevent You from exercising Your rights under any product warranty that may be applicable to such product under such terms as may be applicable to such product warranty.
5.9 Refunds. Refunds if any, shall be made to the same payment method or issuing bank from where the initial payment was received. VOLTAS may, at its sole discretion, refuse to provide refunds to an alternative account. In case of cancellation of an Order by VOLTAS or refusal by VOLTAS to accept an Order under the terms of this Agreement, VOLTAS will refund the full amount paid by the Customer for such Order. In case of cancellation of an Order by Customer under the terms of this Agreement, VOLTAS shall refund only the amount paid by the Customer for the Product, and Customer shall be liable for packaging and delivery costs, return costs, and payment gateway charges, if any.
5.10 Chargeback. Chargebacks are strictly prohibited under these Terms. You understand that initiation of a chargeback for a payment already made may result in (i) cancellation of any Order and/or request to return any product in its unopened, undamaged, unused and original condition (with brand's/manufacturer's box, MRP/MSRP tag intact, user manual, warranty card and all the accessories therein); and/or (ii) suspension or termination of this Agreement, Your account, or the Service. VOLTAS reserves the right to undertake any action permitted under these Terms or under any applicable law(s).
5.11 Prices and Offers. Prices and offers listed on the Website are provided as an invitation to offer and may not indicate the availability of the product. Placing of order shall amount to making of offer by You to purchase the product from Us.
5.12 Taxes, charges and fees. You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from Us and you agree to bear any and all applicable taxes including but not limited to GST, duties and cesses, delivery fees, payment gateway charges, etc.
5.13 Instalments. VOLTAS may, at its sole discretion, provide an option for payments to be made through equated monthly instalments ("EMI"). VOLTAS may, at its sole discretion, offer an option of No-Cost EMI to You wherein VOLTAS would offer an EMI price that matches or approximates the price displayed for a specific product. EMI is the sole discretion of Your bank/issuer/non-banking financial company (NBFC) at applicable rate of interest, and such bank/issues/NBFC may or may not permit EMI for You. All disputes and queries related to EMI must be resolved between You and Your bank/issuer/NBFC. VOLTAS shall not be responsible under any circumstances regarding any EMI dispute.
5.14 Shipment and Delivery. The Service can be used for purchase of products to be delivered within the territory of India only. VOLTAS and its delivery partners reserve the right to restrict delivery to specific locations or delivery facilities. The ordered products will be shipped to address provided by You at or before the time of placing of the Order. Please ensure that You inspect the package/shipment as soon as it is delivered. In case of any physical damage to the outer or inner packing, either refuse to accept delivery or accept delivery only after putting a suitable remark on the proof of delivery receipt document. VOLTAS retains the right to withhold refund/replacement of the damaged product if You fail to put a note about the nature of damage on the delivery receipt confirmation slip.
5.15 Delivery of Large or Bulky Products. You understand that delivery of large and/or bulky products to the address provided by You depends upon the availability of reasonable means of delivery to the specified address. At times the delivery of Your order to your address shall depend upon the availability of a passage and/or staircases or lift/elevator of reasonable dimensions to deliver the product without damaging the product and/or its packaging. If the delivery cannot be completed to the specified address for a reason mentioned above, then the delivery partner will attempt to complete the delivery to a reasonable location on the ground floor of the premises of the delivery address provided by You. You understand and agree that a delivery completed in the manner specified hereinabove to a location on the ground floor of Your premises shall be considered to be a complete and successful delivery and all risk and liability related to such product shall transfer to You upon completion of the delivery of the product in such a manner.
5.16 Delivery Delay. The estimated time of delivery is provided for Your convenience only, based on historical data of the time taken for deliveries to be completed to Your location. You understand that the time required for delivery is subject to multiple factors that can cause a delay, including but not limited to availability of the product, weather conditions, distance from warehouse, government rules, regulations and orders, among others. VOLTAS and its delivery partner(s) shall not be liable for any delay in the shipment or delivery of any product, package or Order for any reason, regardless of whether such a delay could be reasonably foreseen, regardless of whether VOLTAS was informed of the possibility of such delay, and regardless of whether any loss or damage was faced by You or any third party as a result of such a delay.
5.17 Delivery errors. If a product is lost in transit or delivered to an incorrect address, please contact Us immediately. VOLTAS will take all reasonable steps to ensure that You receive Your Order. If the delivery of the ordered product is not available to VOLTAS in a commercially reasonable manner, VOLTAS may, at its sole discretion, cancel the product or Order and refund the amount paid by You for such product(s). If the address provided by You at the time of placing of the Order does not exist or cannot be found, or if no one is available to receive delivery of the Order despite multiple delivery attempts (3 attempts), You shall be liable to bear all costs related to attempted delivery and the return of the product(s) and/or correction of the delivery address.
5.18 Missing accessories. If a product is missing accessories prior to its delivery to You, You must contact VOLTAS within twenty-four (24) hours of receipt of the product, post which VOLTAS shall not be liable for any missing accessories. VOLTAS will investigate the request with Delivery Provider and accordingly provide support.
5.19 Product Warranties. The terms of warranty provided on the product description page, or in the absence of such a description, the terms of warranty supplied with the product shall be applicable to such products. Purchasing a product through the Website or Service does not entitle You to any additional or extended warranty. However, VOLTAS may, at its sole discretion, offer an option to purchase an extended warranty upon payment of such fees as may be levied.
5.20 Title and Risk of Loss. When You purchase product(s) through the Service, title to the product is transferred to You upon delivery of the product. The risk of loss or damage in such product(s) will pass to You upon delivery of the product(s).
5.21 Right to Refuse. VOLTAS may, in its sole discretion, refuse to sell products or fulfil Orders placed by You without assigning any reason.
5.22 Limitations on Transactions. VOLTAS may, in its sole discretion and without prior notification to You, impose limits on the number of transactions or transaction price received from a single Customer or payment method.
5.23 Exclusive Remedy. This Section on Order Terms provides Your sole remedy and VOLTAS's sole responsibility for situations covered by this Section. You understand and agree that this Section forms an essential basis for the Agreement.
- Intellectual Property Rights
6.1 Reservation of Rights. Subject to the limited rights expressly granted hereunder, VOLTAS, its Affiliates, its licensors and content providers reserve all of their respective rights, titles and interests in and to the Website, Service, content, logos, and other materials created by them, including all of their related intellectual property rights. VOLTAS owns all right, title, and interest in and to VOLTAS's registered and unregistered, domestic and foreign, trademarks, service marks, trademark applications, service mark applications, trade names, patents, patent applications, copyrights, copyright applications, discoveries, know-how and trade secrets of and relating to the Services, including any and all templates created by VOLTAS. No one may copy, reproduce, transmit, post, distribute or create derivative works from the Services without express, prior written authorization from VOLTAS. No rights are granted to You hereunder other than as expressly set forth herein.
6.2 Copyright, authors' rights and database rights. All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of VOLTAS, its Affiliates or its content suppliers and is protected by Indian and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of VOLTAS and its Affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of VOLTAS, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
6.3 License by VOLTAS. Subject to Your compliance with these Terms and payment of applicable fees, if any, VOLTAS grants a limited license to access and make personal use of the Website.
6.4 Restrictions on License by VOLTAS. Unless explicitly permitted otherwise by VOLTAS, You shall not sell, resell, license, sublicense, distribute, make available, rent, lease on in any manner assign the Website, Service or any content, or their derivatives. You may not frame or mirror any part of the Website. Without express written consent from VOLTAS and/or its Affiliate(s), as may be applicable, You shall not: (i) download (other than page caching) or modify the Website, or any portion of it; (ii) use any meta tags or any other hidden text utilising VOLTAS's or its Affiliates' names or trademarks; (iii) use any data mining, robots, or similar data gathering or extraction tools; (iv) otherwise download, copy or modify any information from the Website, or Service or any portion of the Website or Service; and/or (v) create and/or publish Your own database that features substantial parts of this Website, including prices and product listings.
6.5 License by Customer. Customer grants to VOLTAS and its Affiliates and sublicensees a non-exclusive, royalty-free, irrevocable, perpetual, worldwide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any content or information provided by You under "Reviews, Comments, Communications and Feedback" above throughout the world in any media, and the right to use the name provided by Customer in connection with such content, if they choose. You agree to waive Your right to be identified as the author of such content and Your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to protect any of the above rights granted by You, including execution of deeds and documents at VOLTAS's request. VOLTAS may, but shall have no obligation to, use feedback provided by You to improve the Website or Service without notice and without any attribution.
7.1 Modification of this Agreement. This Agreement may be modified by VOLTAS from time to time. If We do this, We will post the modified Terms on this page and will indicate the date these Terms were last updated. Any such modifications will become effective no earlier than seven (7) days after they are posted, except that the following categories of modifications will be effective immediately: (i) modifications required to provide new features without negatively affecting your rights under these Terms; (ii) modifications made to correct typographical errors; (iii) or modifications made to comply with legal obligations, including but not limited to Our or Your obligations under a law, regulation, court order or government order; and/or (iv) modifications to the Section on Order Terms. You shall be responsible to review the Agreement from time to time in order to be aware of any such modifications to these Terms. We may, for Our convenience only and without waiving Your obligation to periodically review the Agreement, attempt to notify You of significant modifications to this Agreement through the Website user interface, in an email notification or through other reasonable means. You understand and agree that Your continued access, registration or use of the Website or Service beyond the effective date of such modification shall be deemed to be Your acceptance of all modifications to the Agreement.
7.2 Modification of Website or Service. VOLTAS may, at any time and without prior notice, introduce new features, remove or stop offering old features, or modify existing features of the Website or Service. VOLTAS reserves the right to charge a fee to access any new feature or service.
8.3 We or our affiliate will share your personal information to Third Party Service Provider who are employed to perform functions on our behalf who are placed under similar confidentiality obligations.
- Disclaimers and Limitation of Liability
9.1 Third-Party Service Provider Disclaimer. VOLTAS shall neither be liable nor responsible for any actions or inactions of Third Party Service Providers nor any breach of conditions, representations or warranties by any Third-Party Service Provider. VOLTAS hereby expressly disclaims any and all responsibility and liability in this regard. VOLTAS shall not mediate or resolve any dispute or disagreement between You and any Third-Party Service Provider.
9.2 Warranty Disclaimers. To the maximum extent permitted by applicable law(s), the Website and Service are provided by VOLTAS on an "AS IS" and "AS AVAILABLE" basis. VOLTAS makes no representations or warranties of any kind, express or implied, as to the operation of the Website or Service or the information, content, materials, or products included on the Website or Service. You expressly agree that Your use of the Website and Service are at Your sole risk. To the maximum extent permissible by applicable law, VOLTAS disclaims all warranties or representations, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. While We have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. VOLTAS does not warrant that the Website or Service, its servers, or e-mails sent from VOLTAS are free of viruses or other harmful components. VOLTAS will not be liable for any damages of any kind arising from the use of the Website or Service, including but not limited to direct, indirect, incidental, punitive, and consequential damages. All the products sold on Website are governed by different state laws and if VOLTAS is unable to deliver such products due to implications of different state laws, VOLTAS will return or will give credit for the amount (if any) received in advance by VOLTAS from the sale of such product that could not be delivered to You.
10.1 Indemnification. You shall indemnify and hold harmless VOLTAS, its Affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms or any document incorporated by reference, or Your violation of any law, rules, regulations or rights of a third party.
10.2 Release. You hereby expressly release VOLTAS and/or its Affiliates and/or any of its officers and representatives from any cost, damage, liability, loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure or any other direct or indirect or consequential loss) or other consequence of: (i) any of the actions or inactions of Third-Party Service Providers; and/or (ii) any action or inaction of VOLTAS. You specifically waive any claims or demands that You may have in this behalf under any statute, contract, theory of law or otherwise. Under no circumstances shall VOLTAS be responsible for any business loss.
- Third-Party Websites, Apps or Services
11.1 Links to Third-Parties. The Website or Service may contain links to external third-party websites, apps or services. VOLTAS does not guarantee, approve or endorse the information on such third-party websites, apps or services, nor does a link indicate any association with or endorsement of the linked website, app or service.
11.2 No Control Over Third-Parties. We do not operate or control and have no responsibility for the information, products and/or services found on any external sites. Nor do We represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchant-ability or fitness for a particular purpose.
11.3 Risks from Third-Parties. You assume complete responsibility and risk in your use of any external website, app or service. You should direct any concerns regarding any external link to the relevant website's, app's or service's administrator, owner or webmaster. You are hereby informed to exercise utmost caution when visiting any third-party website, app or service.
- Term and Termination
12.1 Term. This Agreement shall be effective as of the date of Customer's acceptance or agreement to these Terms and shall continue to remain in force until the Agreement is terminated in accordance with the terms of this Agreement.
12.2 Termination by VOLTAS. You agree that VOLTAS, in its sole discretion, may suspend or terminate Your account (or any part thereof) or this Agreement at any time without prior notice and without assigning any reason. VOLTAS may remove and discard any content within the Website or Service, for any reason, including, without limitation, for lack of use or if VOLTAS believes that you have violated or acted inconsistently with the letter or spirit of these Terms and the Associated Legal Documents. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Service, may be referred to appropriate law enforcement authorities.
12.3 Termination by Customer. Customer may terminate this Agreement at any time by contacting VOLTAS, however, termination will not be effective until VOLTAS provides a confirmation of termination of this Agreement to Customer.
12.4 Effect of Termination. Upon termination of this Agreement, Customer shall be liable for any pending or unpaid fees, charges or payments for any Order placed or Instructions given by Customer under this Agreement. VOLTAS may, at its sole discretion, undertake any of the following actions upon termination of the Agreement: (i) provide a refund for unfulfilled Order(s); (ii) cancel unfulfilled Order(s); (iii) require Customer to return product(s) that have already been delivered if VOLTAS suspects fraudulent activity; and/or (iv) fulfil an Order placed prior to termination of the Agreement.
12.5 Surviving Provisions. Notwithstanding any other provision to the contrary herein, terms which by their nature survive termination or expiration of this Agreement, and in particular the following Sections shall survive the termination of the Agreement: Definitions; Customer Responsibilities; Payments; Chargeback; Instalments; Title and Risk of Loss; Limitation of Rights; License by Customer; Disclaimers and Limitation of Liability; Indemnification; Third-Party Websites, Apps and Services; Term and Termination; and General Clauses.
- Compliance with Laws
Customer & VOLTAS shall comply with all the applicable laws (including without limitation Customs Act, 1962, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Goods & Services Tax Act, 2017 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Reserve Bank of India Guidelines, Export Import Policy of Government of India) applicable to them respectively for using Payment Facility and the Website.
- General Clauses
14.1 Severability. The parties agree that if any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law or otherwise unenforceable, the parties will attempt in good faith to make the least amount of changes necessary to this Agreement in order to restore the original intention or approximate the original intention behind the removed clause. If such modification is not possible, such provision will be deemed null and void, and the remaining provisions of this Agreement will remain in effect.
14.2 Force Majeure. You understand that there may be an occurrence of an event or effect that cannot be reasonably anticipated or controlled, which even by the exercise of reasonable diligence cannot prevent non-performance, and in particular, performance of the Service or fulfilment of an Order or Instruction. These occurrences and events include, but are not limited to: acts of God; acts of government; acts of war; acts of public enemies; acts of terror; strikes or other labour problems; pandemic; epidemic; floods; fires; earthquakes; civil unrest; riots; explosions; outages; general Internet brown-outs or black-outs or shortage of bandwidth; hardware failures; hacking, denial of service or ransomware attacks; actions of the elements; or other causes beyond the control of VOLTAS in the performance of this Agreement. Upon the occurrence of such event or effect You agree to excuse performance under this Agreement and not hold VOLTAS liable for the delay in or failure of performance under this Agreement. Any such delay in or failure of performance shall not constitute default or give rise to any liability for damages.
14.3 Assignment. You may not assign any of Your rights or obligations hereunder, whether by operation of law or otherwise, without VOLTAS's prior written consent. VOLTAS may assign this Agreement in its entirety, without Your consent, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
14.4 Relationship between Parties. The parties to this Agreement are independent and nothing in this Agreement shall make them partners, employees, agents or other representatives of the other party hereto. Neither party shall make any representation that suggests otherwise.
14.5 Governing Law and Jurisdiction. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of India without regard to any principles of conflicts of laws thereof. Both parties agree that the competent courts at Mumbai shall have the exclusive jurisdiction in case of any dispute arising between both the Parties.
14.6 Waiver. No failure or delay by VOLTAS in exercising any right under this Agreement will constitute a waiver of that right.
14.7 Headings and Sub-headings. The headings and sub-headings in this Agreement are for convenience only and do not affect the meaning of the relative section / clause.
14.8 Interpretation. In this Agreement, the singular includes the plural and the plural the singular; words importing any gender include the other genders; references to statutes are to be construed as including all statutory provisions consolidating, amending or replacing the statute referred to; the word "or" shall be deemed to include "and/or", the words "including", "includes" and "include" shall be deemed to be followed by the words "without limitation"; references to articles, sections (or subdivisions of sections) or exhibits or schedules are to those of this Agreement; and references to agreements and other contractual instruments shall be deemed to include all subsequent amendments and other modifications to such instruments, but only to the extent such amendments and other modifications are not prohibited by the terms of this Agreement.
14.9 Contact Information. You may contact VOLTAS at Contact Us – Voltas