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Switchy

Terms & Conditions

This document is an electronic record in terms of 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.switchy.in (“Website”).

Switchy (“Site” or “Application”) is owned and operated by Gill Instruments Private Limited. Switchy is a vertical under Gill Instruments Pvt Ltd that design, manufacture and sell Home Automation modules.

Use of This Site

Gill Instruments Private Limited is a company incorporated under the provisions of the Companies Act, 2013 with its registered office at Plot No 110-O/1, Electronic City Phase 1, Bangalore, Karnataka 560100. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. Switchy through the Site intends to provide its users the various products offered by Switchy and the product details of every product. We aim to create an online experience to buy Switchy products direlty from us the manufacturer. The site will be focused on offering a curated list of various products offered by Switchy, customer service to help buyers.

The Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter "Terms of Use") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together "Policies") as modified and amended from time to time mentioned on the Site.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to access the Website. By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site.

You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material.

Switchy reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If Switchy decides to change the Terms of Use or Policies, Switchy will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

Privacy Policy

Please refer to our Privacy Policy provided on our Site.

Product & Services Information

Switchy attempts to be as accurate as possible in the description of the product on the Site. However, Switchy does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.

Switchy reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability.

Pricing & Payment Information

Switchy strives to provide accurate product and pricing information, however errors may occur. Switchy cannot confirm the price of the product until you make the order. Without limiting the generality of Clause 5 (Cancellations, Refunds and Returns) below, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, Switchy shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, Switchy may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and Switchy will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of placing of order, or cancel the order and notify you of such cancellation. In the event that Switchy accepts your order the same shall be debited to your credit card account, debit card account or any mode through which the payment was made and duly notified to you by email that the payment has been processed. The payment may be processed prior to Switchy’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF Switchy. Switchy may revise and cease to make available any product/ services at any time. In the event, Switchy is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Switchy shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

Cancellation, Refunds & Returns

Please refer to our Cancellation, Refunds and Returns Policy provided on our Site.

Mode of Payment

Payments for the products available on the Site can be made by Credit Cards, Debit Cards, Net Banking, Wallets.

Shipping & Delivery

We endeavour to dispatch your order within the time as committed on the product page, however due to unforeseen circumstances, the dispatch of your order can take up to [7] business days. You will be intimated via email upon dispatch of the order. Once the order is dispatched, it normally takes [2-5] business days for delivery. Unforeseen circumstances on the logistics provider’s/Seller’s end may cause delays for which Switchy shall not be liable.

Chat Functionality

The Chat Functionality has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:

  • ● Switchy may suspend the chat service at any time without notice.
  • ● Switchy or its executives are not responsible for any delay caused in attending to or replying to the queries via chat.
  • ● Communication through chat may be stored by Switchy for future reference, and the user of such service will not have the right to access such information at any future date.
  • ● While 'chatting' you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
  • ● The chat room shall not be used to sell any products, to give suggestion on business opportunity or any other form of solicitation.
  • ● You may proceed further and chat with our online customer care executive only if you agree to the above terms and conditions.

Intellectual Property Rights

The "Switchy" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of Switchy. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Switchy or others, are the intellectual property of their respective owners, and Switchy shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You shall not download or copy the Contents and other downloadable materials displayed on the Site for your personal use. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re- publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Switchy explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Switchy, any of its affiliates or by third parties who have licensed their materials to Switchy and are protected by Indian copyright laws and international treaties.

The "Switchy" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of Switchy. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Switchy or others, are the intellectual property of their respective owners, and Switchy shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Web Browser Cookies

Cookies are small pieces of information that are stored by a web server on a web browser so it can be later read back from that browser. No personal information about you is gathered or stored in the cookies by the Website and, as a result, none can be passed on to any third parties. We use cookies and other technologies such as pixel tags and clear gifs to store certain types of information each time you visit any page on our Website/Application. Cookies enable the Website/Application to recognize the information you have consented to give to the Website/Application and help us determine what portions of this Website/Application are most appropriate for your personal needs. Most cookies are ‘session cookies’ meaning that they are automatically deleted from your device at the end of a session.

User may choose to set their web browser to refuse cookies. If you haven't changed your computer's settings, most likely your browser already accepts cookies. If you choose to decline cookies, you may not be able to fully experience all features of the website. You can also delete your browser cookies or disable them entirely. But this may significantly impact your experience with our website and may make parts of our website non-functional or inaccessible.

Third Party Services & Websites

Website/Application does not control the content or links that appear on the third- party websites and is not responsible for the practices employed by these websites linked to or from our Website/Application, even if users may find content on our site that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Website/Application, is subject to that website’s own terms and conditions.

You, on your risk and volition entirely, are advised to deal with the services of our partners, suppliers, advertisers, sponsors, licensors and other third parties if you intend to. By allowing such advertisements, Switchy does not recommend or market or warranty the advertisers, the quality, commitment, deliverables, fitness for consumption, reasonability of their products/services or the advertisers’ commitment to protect your Personal Information.

Termination

These Terms of Use are effective unless and until terminated by either you or Switchy.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. Switchy may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site

Upon any termination of the Terms of Use by either you or Switchy, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use

Indemnity

You agree to defend, indemnify and hold harmless Switchy, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Switchy any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

General

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue to be in effect. Unless otherwise specified herein, these Terms of Use constitutes the entire agreement between you and Switchy with respect to the Site/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Switchy’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.

Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

If you have any questions regarding these Terms and Conditions, please Contact Us.

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