Terms & Conditions

Terms of Use:-
Please read the following terms and conditions of use carefully before using this website http://www.makemesafe.in

This website (hereafter this “Website”) is made available by M/s. NexTech Technologies (hereafter “NTT”). This Website is offered to you (hereafter the “User”), conditioned on your acceptance of these Terms and Conditions of Use. The Terms and Conditions of Use will be deemed to constitute a legally binding contract between the User and NTT. If you do not accept these Terms and Conditions of Use, please exit this Website.

Use of this website
The Website has been prepared and compiled by NTT in good faith and solely for the purposes for sale of NTT products online.
NTT authorizes the User to view the content available on the Website. The User is not permitted to copy, replicate, modify, distribute, display, perform, create derivative works from, transfer or sell any information obtained from this Website, whether in printed, visual or electronic form, for any purpose whatsoever, without the prior written permission, at the sole discretion of NTT. As a condition of User’s use of this Website, User warrants that he/she will not use this Website for any purpose that is unlawful, prohibited or not expressly permitted by these Terms and Conditions of Use. While accessing and viewing the contents of the Website, the User agrees to comply with all copyright laws existing worldwide and to prevent any unauthorized copying of any of the content available on the Website.
User agrees that any unauthorized or unlawful use of this Website, or any contents thereof, would result in irreparable injury to NTT and/or its affiliates for which monetary damages would be inadequate, and in such event NTT and/or its affiliates, as the case may be, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against the User and/or criminal prosecution. Nothing contained in these Terms and Conditions of Use shall be construed to limit remedies available pursuant to statutory or other claims that NTT and/or its affiliates may have under separate legal authority.

Intellectual property
All contents of this Website are copyrighted by NTT unless otherwise noted/indicated. The Website features logos, brand identities and other trademarks, service marks, trade names, slogans, logos, and other indicia of origin (“Marks”) that are the registered trademarks of NTT, as the case may be. Nothing contained on this Website should be construed as granting, by implication, estoppels or otherwise, any license or right to use any Mark displayed on this Website without prior written permission (at the sole discretion) of NTT or any such third party that may own the Mark, displayed on the Website.

Privacy
User’s registration data and other information about the User collected through the use of this Website is subject to NTT’s Privacy Policy. User acknowledges that through his/her use of this Website, User consents to the collection and use (as set forth in the Privacy Policy) of his/her information, including the transfer of his/her information to governmental authorities for storage, processing and use by NTT and/or its affiliates.

Orders
The acceptance and processing of any order(s) for the products placed by the User will be at the sole discretion of NTT and the User shall have no claim and shall not be entitled to raise any dispute with NTT or its affiliates in case of its/their refusal to accept any order(s) for products placed by the User through the Website.  The products being sold by NTT some of the products can only be shipped within the territories of India and that too by surface mode and some products can be shipped internationally as well through all modes of transportation. In case of international orders, the import duties, if any, have to be borne by the User.

NTT cannot be held liable for delay in delivery of the ordered products as the same would be handled by third party agencies, NTT shall all times share the updates in relation to tracking of the shipments by the user. The average time for delivery after receipt of payment and confirmation of the order by NTT is 8-10 days when the order has to be sent through surface mode within India. For all international destinations, the delivery time is 10-15 days as services of Foreign Post, Govt. of India, shall be availed. There can be a situation where due to the location from where the order placed is in a remote area, NTT shall take all steps for delivery of the product to the user in case, the product cannot be delivered due to geographical location of the user, then on notice from the user, NTT will process refund of the amounts paid by the user, through the third party payment gateway and the refund would be processed within 15-20 working days. The said refund, if any, would be subject to deductions i.e. freight charges, taxes etc. The user shall not be entitled to any interest on the refund amount.

NTT reserves the right to change the prices of its products without prior notice and withdraw any scheme without prior notice and at its own discretion.

NTT may carry out such checks as it deems appropriate prior to accepting any order(s) placed by the User for the purchase of any products available on the Website for security or other reasons and accordingly NTT reserves the right to reject any order(s).

User will be required to enter a valid phone number while placing an order for products available on the Website. [By registering his/her phone number on the Website, the User consents to be contacted via phone calls and/or SMS notifications, in case of any order or shipment or delivery related confirmation, including verification of delivery address.] In the event the User cannot be contacted after the initial attempt, NTT reserves the right to cancel/delay the order placed by the User. NTT will not make/send or cause to be made/sent any unsolicited promotional phone calls or SMS to the User’s mobile number registered on this Website.

NTT will use its best efforts to deliver the products pursuant to any order(s) placed by the User and accepted by NTT within the time period applicable to such order(s), provided that NTT shall not be held liable for, and the User shall have no claim against NTT whether in law or equity, for any delay in delivery of the products so purchased.

NTT’s only liability towards the User in respect of orders placed through the Website will be for replacement of any defective products or meeting any shortfall in the quantity of products supplied, after NTT has verified the User’s claim to its satisfaction. 

In the event that the User refuses to take delivery of products delivered pursuant to the order placed by the User through the Website, the User shall nonetheless be liable for payment of any shipping charges associated with the delivery of such products and the NTT or its affiliates or third party carrier shall have the right to recover such shipping charges from the User.

Processing of payments for orders purchased through the Website is facilitated by a third party payment gateway. [NTT shall have no responsibility or liability for any payment related dispute or claims for refund and the User should directly contact the third party payment gateway and/or the bank for any issues related to payment for products purchased through the Website.] [NTT does not have to access to or store any information provided by the User whilst making payments for any products using the third party payment gateway.] The collection and usage of such information will be governed by the policies of the payment gateway provider, please refer to their policies.

Liability disclaimer

• While NTT endeavors to ensure that the contents of the Website are accurate and reliable, NTT makes no representations about the suitability of the information and services contained or obtained through this Website for any purpose, or the results that may be obtained from using this Website. All such information is provided “as is” without warranty of any kind. NTT does not make any representation or warranty with respect to the veracity or the completeness of the information available on the Website and assumes no liability or responsibility for any omissions or errors in the information available on the Website. In no event shall NTT and/or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website, or for any information or services obtained including products purchased, through this Website, or otherwise arising out of the use of this Website, whether based on contract, equity, tort, strict liability or otherwise, even if NTT or any of its affiliates has been advised of the possibility of damages.
• All information and products available on/through this Website are provided on an “as is” and “as available” basis. With respect to the contents, products and information available on the Website, NTT does not make any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose, except as expressly stated in writing.
• The User agrees that some or all of the contents on this Website may be unavailable, from time to time. It is further agreed that NTT does not make any representation or warranty that the contents of this Website are free from viruses or other items of destructive nature.

Limitation of liability
In no event shall NTT be liable for any damages whatsoever arising out of, or in connection with, the User’s access or use of this Website or any information contained at the Website or any linked websites. In particular, NTT shall not be liable for special, indirect, consequential or incidental damages, whether an action alleging such damages is brought in contract, negligence or tort. [Notwithstanding anything to the contrary contained herein, NTT’s total liability in respect of any order placed by the User through the Website shall be limited to the value of the concerned order.]   

Representations and warranties of user
User acknowledges, represents and warrants to NTT as follows:

• User agrees not to modify the contents of the Website.
• User shall not interrupt or attempt to interrupt the operations of the Website, in any manner whatsoever.
• User is prohibited from using the Website to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. User further agrees not to use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use or any applicable laws. NTT will fully cooperate with any law enforcement authorities or any court order requesting or directing NTT to disclose the identity of anyone posting or transmitting any such information or material on the Website.
• User is solely responsible for his/her use of this Website including content, material and information posted, published, submitted or otherwise disseminated by User through this Website. User will use this Website legally and only for the purposes that it is intended to be used for.
• User will evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
• User will comply fully with these Terms and Conditions of Use.
• User acknowledges that the Internet or NTT’s systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication connectivity problems or other facts beyond the control of NTT. User acknowledges that NTT will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.

Indemnification
The User agrees to defend, indemnify and hold NTT harmless from and against any and all claims, damages, costs and expenses, including advocates fees, arising from and related to User’s access and use of the Website.

Replacement Policy
NTT adopt the best manufacturing practices for production of its products. There can be an instance when upon receipt of the product the product is in damaged condition, some parts/ accessories are missing, the product is different from the product ordered by the user. In such a situation the user shall have to intimate its grievance to NTT within 24(twenty four) hours of receipt of the order (The date of delivery will commence from the date as mentioned on the tracking report of the said consignment) by the user on the Contact us portal of NTT or on the email ids mentioned on the product. The user has to send the scanned copy of the Invoice along with the Picture of the product to raise a claim. Upon receipt of the Claim NTT shall process the said request and may ask user for more details/ information and NTT officials may contact the user on phone (at a time suitable to the user, but during working hours i.e.9:00am to 5:00pm). The user shall provide complete assistance to NTT for resolution of the complaint.

Upon receipt of the Replacement request by NTT, the disputed/ defective product will be arranged for pick-up by NTT, there can be a situation where the pick-up is not possible, then NTT can call upon the User to arrange to pack the product and ship it back to them. NTT shall refund the cost incurred for such shipping done by the user (NTT shall reimburse the User to a maximum of Rs.100/- for shipping done by the user). Upon receipt of the defective product NTT shall physically examine the said product and upon approval then arrange for dispatch of the replacement product.

Eligibility
You must be 18 years of age or over, to register with us or use the Site and the Services. If you are under the age of 18 years, you can use the Site or Services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to the Terms of Use. If you are under the age of 13, you may not use the Site or Service. If you are the parent or legal guardian of a child under the age of 18, you may use the Site or Services on behalf of such minor child. By using the Site or Services on behalf of a minor child, you represent and warrant that you are the parent or legal guardian of such child and that all references in these Terms of Use to “you” shall refer to such child or such other individual for whom you have authorization to enter into these Terms of Use on their behalf, and you in your capacity as the parent or legal guardian of such child or as the authorized party of such individual. If you do not qualify under these terms, do not use the Site or Services. By using the Site and/or the Services, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein. The Site is administered in India and intended for Indian users; any use outside of the India is at the users own risk and users are responsible for compliance with any local laws applicable to their use of the Services or the Site.

Links to third party websites
The User hereby agrees not to establish a link of the Website on third party website, for any purposes whatsoever, without the prior written permission of NTT.

Links to third party websites
This Website may contain hyperlinks to websites operated by parties other than NTT. Such hyperlinks are provided for your reference only. NTT does not control such websites and is not responsible for their contents. NTT’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
NTT and/or its affiliates may also present advertisements or promotional materials on or through this Website. User’s participation in any promotional event is subject to the terms and conditions associated with that event. User’s dealings with, or participation in promotions of, any third-party advertisers on or through this Website are solely between User and such third-party. User agrees that NTT and/or its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties reference on this Website.
Without limiting any of the disclaimers of warranty set forth in these Terms and Conditions of Use, NTT does not provide or make any representation as to the quality or nature of any of the third party information, products or services provided through this Website, or any other representation, warranty or guaranty. Furthermore, NTT disclaims any responsibility, if such third party websites:

• infringe any third party’s intellectual property rights;
• provide any information which is inaccurate, incomplete or misleading;
• are not merchantable or fit for a particular purpose;
• do not undertake adequate security measures;
• contain viruses or other items of destructive nature; or
• provide any libelous or defamatory contents or information.

Modifications
User’s use of this Website constitutes User’s agreement to be bound, without any modifications or reservations whatsoever, by these Terms and Conditions of Use, which may be updated or modified from time to time without notice to User. Any changes shall become part of these Terms and Conditions of Use and shall apply immediately. By continuing to use this Website after such modifications, User indicates acceptance of those modifications. User may also be required to re-accept a substantially revised Terms and Conditions of Use to continue to use this Website.

General

• Governing Law and Jurisdiction. These Terms and Conditions of Use are governed by the laws of India. User hereby consents to the exclusive jurisdiction and venue of courts in New Delhi in all disputes arising out of or relating to the use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph.
• Any rights or permissions not expressly granted herein are reserved.

These Terms and Conditions of Use are an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Terms of Use