THE FOLLOWING TERMS AND CONDITIONS APPLY IN RELATION TO YOUR ONLINE PURCHASE OF PRODUCTS AND SERVICES FROM HTC CORPORATION (“HTC”) THROUGH ITS WEBSITE http://www.htcepp.com/(“WEBSITE”) AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ANY ADDITIONAL TERMS AND CONDITIONS PRESENTED DURING THE PURCHASING PROCESS. HTC MAY AMEND THESE TERMS AND CONDITIONS AT ANY TIME BY POSTING THE AMENDED TERMS AND CONDITIONS ON OUR OFFICIAL SITE i.e.http://www.htcepp.com/ AND THESE AMENDED TERMS AND CONDITIONS WILL BECOME EFFECTIVE IMMEDIATELY AFTER THEY ARE POSTED ON OUR SITE. HTC IS PROVIDING ITS WEBSITE ONLY TO FACILITATE THE ONLINE SALE OF PRODUCTS AND SERVICES, RELAINCE WIILL NOWHERE BE RELATED OR CONNECTED IN ANY OF THE SALE AND PURCHASE TRANSACTION/PROCESS UNDER THIS AGREEMENT. ALL THE SALE AND PURCHASE TRANSACTION/PROCESS UNDER THIS AGREEMENT WILL BE ONLY RELATED OR CONNECTED WITH NEWTEL.
1. Definitions: For the purpose of these terms and conditions, the following words and phrases shall have the meaning respectively assigned to them as under:
(a) “Agreement” means the Terms and Conditions as set forth here and may contain any additional terms and conditions during the purchase process of Products and Services or the terms and conditions as amended, novated, supplemented, varied or replaced from time to time.
(b) “Company/HTC” shall mean HTC Corporation, and any affiliate of HTC Corporation (“HTC”).
(c) “Customer/user/you” shall mean any individual, group of individuals, firm, and company placing an order for the Products & Services through the Website.
(d) Delivery Cost” shall mean the price at which the Products & Services are to be delivered to the Customer including tax, handling, insurance, freight and transport charges, if any.
(e) “Vendor/Partner” ” shall mean the entity incorporated or otherwise, which sells its Products and Services of htc through the Website.
(f) “Website” means the website accessible at url address "http://www.htcepp.com/" all WebPages contained herein operated by or for and on behalf of the Company.
(g) Order” shall mean the offer for purchase of the Products and/or Services or any of them made by the Customer via the facilities provided on the Website.
(h) Product(s)” shall mean goods offered by the Vendor for sale on the Website.
(i) Working Day” shall mean 9.30 am to 6 pm working hours & any day other than Saturday, Sunday or other day on which the Company’s offices are closed.
2. Each employee is allowed to buy a maximum of 3 units in a calendar year.
3. Orders should be booked using official email id only.
4. Newtel reserves the right to verify the official email id and/or the employee id with the customers’ company HR/Admin.
5. If official email id and/or employee id is unverifiable, then the purchase transaction will be deemed to be invalid/fraudulent and the order will be cancelled with cancellation charge of 10% on the transaction amount
6. The customer represent and warrant that he/she are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. The customer shall not use this Site if he/she are not competent to contract under the applicable laws, rules and regulations
7. The Customer is hereby informed that all the Purchase made by it through the Website shall be through the Partner.
8. The Customer is hereby informed that unless otherwise stated, Products & Services offered on the Website are inclusive of taxes. Note: The Governement taxes on Interest are extra. Shipments to Bhubaneswar, Guwahati, Patna, Ranchi attract entry/ road tax as applicable. This is payable by customer to the State Government. After obtaining relevant permit only Partner can ship the product to customer. The delivery time lines will not be applicable for these locations.
9. The Company shall under no circumstances be liable or responsible for any loss, injury or damage to the Customer, or any other party whomsoever, arising on account of (i) any transaction contracted via the Website or (ii) as a result of the Products being in any way damaged, defective, in unfit condition, The Customer is advised to carefully read the disclaimer as mentioned under this Agreement on the website http://www.htcepp.com/
10. When you visit the Website or send e-mails to us, you are communicating with the Partner electronically. By communicating with the Partner, you consent to receive communication from the Company or Partner electronically. Partner will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
11. In addition to this Agreement, the Customer shall also be bound by the terms and conditions of the Customer Application Form/Handset Enrolment Form/Third party/Partner Agreement and other documents, which he signs or otherwise agrees to with regard to the Products & Services.
12. The ownership and title in the Product shall always remain with the Partner until the Customer has duly paid the price specified for the said Product. Upon payment of the specified price by the Customer and upon receipt of the same by the Partner, the ownership and title in the Product (together with all risks in respect thereof) shall get transferred to the Customer without the need for any further action/s. Until the transfer of ownership and title in the Product is completed as above, the Customer shall not move, transfer, modify, charge, pledge or otherwise encumber, appropriate or dispose of the Product in any manner whatsoever without the prior written consent of the Vendor (or its assigns).
13. EMI plan is available on select bank credit cards only or as mentioned in the EMI payment section. Conversion of customer’s transaction amount into EMI solely depends on Customers’ bank criteria and decision.
14. Partner will arrange for shipment of the products to you. Shipping schedules are estimates only and cannot be guaranteed. The Company is not liable for any delays in the shipments. Title and risk of loss and damages pass on to you upon the products delivery to you. In case reverse shipment cannot be arranged by us due to unavailability of our logistics partners, then in that case you may be requested to send such products through any available courier services. The Partner shall not be liable or responsible if delivery of the Products is delayed or fails on account of incomplete or incorrect information provided by or on behalf of the Customer and expressly disclaims any and all liabilities in this connection.
15. Partner will accept the return of the products, provided such return is for Products that are damaged during transit, defective, wrongly delivered, wrong product, incomplete package etc. subject to the condition that we are informed about such discrepancies within 48 hours from the date of receipt of the product and provided that the products are returned in their original condition.
16. Partner offers 7 days replacement guarantee for all products sold through Website, under certain conditions as mentioned herein. Customers shall notify Partner of any damage or defect within 48 hours from the date of receipt of delivery of the Products on the customer care number and email (firstname.lastname@example.org) specified in the Website. Partner will replace the defective product as per the returns policy. If any orders are cancelled by you after order on website and/or procurement, but before being shipped by Partner, then you will be charged restocking and/or cancellation fee applicable as per the product category. All the orders will attract a restocking and/or cancellation fee of 3% of the order value. Refund will be made via same mode after deducting such restocking and/or cancellation fee as applicable within 7-10 working days.
No refunds will be applicable if the customer cancels after the order is shipped.
17. The Customer shall:13. (a) Comply with all notices, directions or instructions given by us from time to time with respect to the use of the Website; (b) Not under any circumstances create or cause a situation whereby other users are affected in their enjoyment and / or use of the Website; and (c) Warrant and undertake not to undermine the security or integrity of the Website, including without limitation by importing any viruses, Trojan horses, surreptitiously intercepting such systems or networks, and not gain or attempt to gain unauthorized access to such computer systems or networks.
18. The prices, specifications, offers and availability of the Products shall be subject to change, withdrawal or discontinuance at the Company’s discretion without the need to assign any reason to the Customer. The Customer is hereby informed that the pictorial depiction and any description or specification of any Product displayed on the Website may not be accurate and may differ from the Product actually delivered to the Customer. The Company or Partner also reserves the right to reject the Customer’s order for any Product. The Company or Partner hereby expressly disclaims any and all liabilities for any inaccuracy, errors or discrepancies in the Website in relation to any Product or for rejection of the Customer’s order.
19. Website or any portion of the Website may not be reproduced, duplicated, copies, sold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
20. These terms and conditions are governed by, and shall be construed in accordance with, the laws of India. Any dispute arising out of or related to or connected with any these terms and conditions shall be subject to the exclusive jurisdiction of the courts at Bangalore.
21. Failure on the part of the Company or Partner to exercise, and delay on its part in exercising, any right or remedy under these terms and conditions will not constitute a waiver thereof, The rights and remedies provided in these terms and conditions are cumulative and not exclusive of any other rights or remedies (whether provided by law or otherwise).
22. The rights and obligations under these terms and conditions shall not be capable of assignment by the Customer and shall be binding on and inure for the benefit of the Customer and his/her successors and permitted assigns.
23. The Company and the Partner shall not have any liability for any delay or default in the performance of their obligations under these terms and conditions caused by circumstances beyond its control including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, failure of computer systems, strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any of the events mentioned above, the Company and the Partner shall for the duration of such event, be relieved of any such obligation under these terms and conditions as is affected by the said event, PROVIDED that the provisions of these terms and conditions shall remain in force with regard to all other obligations under these terms and conditions which are not affected by such event.
24. If any provision in these terms and conditions is found or held to be invalid or unenforceable, then the meaning of such provision shall be construed to the fullest extent allowed by law so as to render the provision valid and enforceable, and if no such construction is possible, the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
25. You may not use false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted contents.
26. If you do post content or submit material and unless indicated otherwise, you grant the Company, and its affiliates a non-exclusive, royalty free, perpetual, irrevocable, and fully sub-licensed right to use, reproduce, modify, adapt, publish, translate, create derivative work from, distribute, and display such content throughout the world in any media. You grant the Company and its affiliate sites and sub-license the right to use the name that you submit in connection with such content if the Company chooses.
27. All content included on this site, such as text, graphics, logos, button icons, audio clips, digital downloads, data compilations and software, is the property of the Company or its affiliate and are protected by the Indian Copyright law.
28. All graphics, logos, page headers, button icons, scripts and service names of the Company are trademarks or trade dress of the Company. The Company’s trademarks and trade dress may not be used in connections with any product or service that is not of the Company. All other trademarks not owned by the Company or its affiliates that appear on Website are the property of their respective owners, who may or may not be affiliated with, connected to, associated with the Company.
29. In a credit card / debit card transactions, Customer must use his/her own credit / debit card. Company will not be liable or responsible for any credit / debit card fraud. The liability to use a card fraudulently will be on the Customer and the onus to ‘prove otherwise’ shall be exclusively on the Customer.
30. The Company reserves the right to change these terms and conditions in any manner from time to time without being liable to assign any reason for the same or to inform the Customer or any third party about such change/s.
31. In the event that a non – delivery occurs on account of a mistake by Customer (i.e. wrong billing name or address ) the Company or Partner shall not liable or responsible for the non delivery of Products and Customer shall have to pay extra cost towards re-delivery of the Products.
32. Customer hereby agrees and undertakes to indemnify the Company and Partner and their affiliates, third parties and respective officers, directors, agents and employees, of the Company or Partner and its affiliate, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the Agreement or applicable laws.
33. Company is not liable or responsible for any claims against lack or deficiency of services; non – fulfillment or unsatisfactory fulfillment of Products purchased by Customer from Partner. In no event Company shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (a) the use or the inability to use the Products and Services; (b) the cost of procurement of substitute Products or services ( c ) unauthorized access to or alteration of the user’s transmissions or data including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of website.
34. For availing the special offers of the Company, You are requested to provide copy of employee id.
35. EMI conversion is strictly Banks decision and any discrepancy Customer to contact the Issuing Banks.
36.T&C for GSM Zero Plan
Product Damaged in Transit
In case the product you receive is in damaged condition, you have to call the NewTel customer care helpline 8431610200 or write to us on email@example.com within 24 hours of the receipt of the product to register your complaint. Our logistic partner will collect the damaged product with all inbox accessory and you will be shipped a new product.
Product not working
In case the product is not working, you have to report the fault to the nearest Authorized Service Center within 14 days of invoice.