Terms & Conditions
TERMS OF SERVICE AGREEMENT
LAST REVISION: 24.08.2017 PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THESE TERMS CONSTITUTES AN ELECTRONIC RECORD WITHIN THE MEANING OF THE APPLICABLE LAW. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
This Term of Service Agreement (the "Agreement") governs your use of this website, www.aa-cash.in (the "Website"), Amphi Analytic offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). Amphi Analytic reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Amphi Analytic will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. Amphi Analytic encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the Website. Amphi Analytic reserves the right to refuse access to the website, terminate accounts, remove or edit acc_content at any time without notice to you.
This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Amphi Analytic for other products or services, if any. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer:
This Website offers for sale certain products (the "Products"). Use of this Website for buying the Products is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
When you visit www.aa-cash.in or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website.
Your order is an offer to us to buy the Product(s) in your order. 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 we have received your order, and does not confirm acceptance of your offer to buy the Product(s) ordered. We only accept your offer, and conclude the contract of sale for a Product ordered by you, when the Product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and us for the product(s) specified in that Dispatch Confirmation E-mail.
Your contract is with us and you confirm that the product(s) ordered by you are purchased for your business purpose and not for re-sale. 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.
You can cancel your order for a Product at no cost any time before we send the Dispatch Confirmation E-mail relating to that Product.
Once a Dispatch Confirmation E-mail relating to a Product is issued there shall be no return of the Product.
Pricing and availability:
All prices are inclusive of VAT/CST, service tax, Goods and Services Tax ("GST"), duties and cesses as applicable - unless stated otherwise.
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 VAT/CST, service tax, GST, duties and cesses etc.
Unless you notify, our third party call center representatives or direct Amphi Analytic sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Amphi Analytic and its designated in house or third party call team(s).
Opt Out Procedure:
We provide 3 easy ways to opt out of from future solicitations.
- You may use the opt out link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: email@example.com
- You may send a written remove request to:
B-502 - 504, Fifth Floor, Kemp Plaza, Near Mind Space Complex, Malad (W), Mumbai, Maharashtra 400064, India
Amphi Analytic has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured by Giesecke & Devrient Group and distributed by Amphi Analytic. Amphi Analyti also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Intellectual Property; Third Party Links:
In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, as may be required. Amphi Analytic does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Amphi Analytic does create the acc_content on this Website, such acc_content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the acc_content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Amphi Analytic does not endorse the acc_contents on any such third-party websites. Amphi Analytic is not responsible for the acc_content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website:
Amphi Analytic is not responsible for any damages resulting from use of this Website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website.
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Amphi Analytic, are responsible for all electronic communications and acc_content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit acc_content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
- to cause annoyance, inconvenience or needless anxiety
By using this Website, you are granted a limited, revocable, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such acc_content or information without express written authorization from Amphi Analytic or the applicable third party.
By posting, storing, or transmitting any acc_content on the Website, you hereby grant Amphi Analytic a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such acc_content in any form, in all media now known or hereinafter created, anywhere in the world. Amphi Analytic does not have the ability to control the nature of the user-generated acc_content offered through the Website. You are solely responsible for your interactions with other users of the Website and any acc_content you post. Amphi Analytic is not liable for any damage or harm resulting from any posts by or interactions between users. Amphi Analytic reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any acc_content Amphi Analytic deems objectionable, in its sole discretion.
Amphi Analytic will do its 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. Amphi Analytic will attempt to limit the frequency and duration of any such suspension or restriction.
Reviews, comments, communications and other content:
Users of this Website may post reviews, comments and other acc_content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the acc_content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any acc_content. Amphi Analytic reserves the right (but not the obligation) to remove, refuse, delete or edit any acc_content that in the sole judgement of Amphi Analytic violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post acc_content or submit material, and unless Amphi Analytic indicate otherwise, you
(a) grant Amphi Analytic and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such acc_content throughout the world in any media; and
(b) Amphi Analytic and its affiliates and sublicensees the right to use the name that you submit in connection with such acc_content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such acc_content and material. You agree to waive your right to be identified as the author of such acc_content and your right to object to derogatory treatment of such acc_content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Amphi Analytic, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the acc_content that you post or that you otherwise provide on or through the Website; that, as at the date that the acc_content or material is submitted to Amphi Analytic: (i) the acc_content and material is accurate; (ii) use of the acc_content and material you supply does not breach any applicable Amphi Analytic policies or guidelines and will not cause injury to any person or entity (including that the acc_content or material is not defamatory); (iii) the acc_content is lawful. You agree to indemnify Amphi Analytic and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
Copyright, authors' rights and database rights: All acc_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 Amphi Analytic, its affiliates or its acc_content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all acc_content on this Website is the exclusive property of Amphi Analytic 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 Amphi Analytic, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the acc_contents of the Website without Amphi Analytic and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Amphi Analytic and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Amphi Analytic and / or its affiliate's (as may be applicable) express written consent.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK AND ARE USING YOUR BEST AND PRUDENT JUDGMENT BEFORE ENTERING INTO ANY TRANSACTIONS THROUGH THE WEBSITE. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Amphi Analytic EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE acc_content, OR ANY RELIANCE UPON OR USE OF THE WEBSITE acc_content OR PRODUCTS.
- THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
- AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
- REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
LIMITATION OF LIABILITY
Amphi Analytic ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE acc_content AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
AMPHI ANALYTIC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE acc_content OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR acc_content; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
WE SHALL NOT BE RESPONSIBLE FOR ANY BUSINESS LOSS (INCLUDING LOSS OF PROFITS, REVENUE, CONTRACTS, ANTICIPATED SAVINGS, DATA, GOODWILL OR WASTED EXPENDITURE) OR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS THAT IS NOT REASONABLY FORESEEABLE TO BOTH YOU AND US WHEN YOU COMMENCED USING THE WEBSITE.
You will release, indemnify, defend and hold harmless Amphi Analytic, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website acc_content or your use of the Website acc_content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to Amphi Analytic. When Amphi Analytic is threatened with suit or sued by a third party, Amphi Analytic may seek written assurances from you concerning your promise to indemnify Amphi Analytic; your failure to provide such assurances may be considered by Amphi Analytic to be a material breach of this Agreement. Amphi Analytic will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website acc_content or Products, with counsel of Amphi Analytic choice at its expense. Amphi Analytic will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Amphi Analytic against any claim, but you must receive Amphi Analytic prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
Amphi Analytic believes strongly in protecting user privacy. Please review our Privacy Notice, which also governs your visit to Amphi Analytic, to understand our practices. The personal information / data provided to us by you during the course of usage of Amphi Analytic will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the Website.
AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
Use of the Software:
You may use Amphi Analytic Software solely for purposes of enabling you to use and enjoy the Services as provided by Amphi Analytic, and as permitted by the Conditions of Use, these Amphi Analytic Software Terms and any Terms. You may not incorporate any portion of the Amphi Analytic Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Amphi Analytic Software or otherwise assign any rights to the Amphi Analytic Software in whole or in part. You may not use the Amphi Analytic Software for any illegal purpose. We may cease providing any Amphi Analytic Software and we may terminate your right to use any Amphi Analytic Software at any time. Your rights to use the Amphi Analytic Software will automatically terminate without notice from us if you fail to comply with any of these Amphi Analytic Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain Amphi Analytic Software that are specifically identified in related documentation may apply to that Amphi Analytic Software (or software incorporated with the Amphi Analytic Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Amphi Analytic Service is the property of Amphi Analytic and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
Use of Third Party Services:
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 Amphi Analytic Software, whether in whole or in part, or create any derivative works from or of the Amphi Analytic Software.
In order to keep the Amphi Analytic Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Amphi Analytic will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Events beyond our reasonable control:
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Cessation of Operation:
Amphi Analytic may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
This Agreement comprises the entire agreement between you and Amphi Analytic and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver:
The failure of Amphi Analytic to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction:
This Website originates from Mumbai 40064, Maharashtra (India). This Agreement will be governed by the laws of the State of Maharashtra (India) without regard to its conflict of law principles to the contrary. Neither you nor Amphi Analytic will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra (India). By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Amphi Analytic reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Amphi Analytic may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Amphi Analytic reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Amphi Analytic chooses, in its sole discretion and without advance to you, to terminate it.
Amphi Analytic makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. Amphi Analytic may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.