Terms & Conditions
Last updated: 28 December, 2023
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.promptmachines.in
website.
The
domain name www.promptmachines.in
(hereinafter referred to as "Website") is owned by Prompt
Machine Tools Co. (hereinafter referred to as "Prompt"),
with its registered office at “MITHRALAYAM”,
Door No.38/2406 A.V.George Road Lane, Kaloor - Kadavanthara Rd, KK Road, Kochi,
Kerala 682017 , India
Your
use of the Website and services and tools are governed by the
following terms and conditions ("Terms
of Use") as applicable to the Website including the
applicable policies which are incorporated herein by way of reference. If
You transact on the Website, You shall be subject to the policies that are
applicable to the Website for such transaction. By mere use of the
Website, You shall be contracting with Prompt and these terms and
conditions including the policies constitute Your binding obligations, with
Prompt.
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 become a buyer on the Website by
providing Registration Data while registering on the Website as Registered
User using the computer systems. Prompt allows the User to surf
the Website or making purchases without registering on the Website. The
term "We", "Us", "Our" shall
mean Prompt.
When
You use any of the services provided by Us through the Website,
including but not limited to, (e.g. Product Reviews, Seller Reviews), You
will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they shall be deemed to be incorporated
into this Terms of Use and shall be considered as part and parcel of this
Terms of Use. We reserve the right, at Our sole discretion, to change,
modify, add or remove portions of these Terms of Use, at any time without
any prior written notice to You. It is Your responsibility to review these
Terms of Use periodically for updates / changes. Your continued use of the
Website following the posting of changes will mean that You accept
and agree to the revisions. As long as You comply with these Terms of Use,
We grant You a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE
INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER
THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY
BEFORE PROCEEDING. By impliedly or expressly accepting
these Terms of Use, You also accept and agree to be bound by Prompt
Policies ((including but not limited to Privacy Policy available on
/s/privacypolicy) as amended from time to time.
Membership Eligibility
Use
of the Website is available only to persons who can form legally
binding contracts under Indian Contract Act, 1872. Persons who are
"incompetent to contract" within the meaning of the Indian
Contract Act, 1872 including minors, un-discharged insolvents etc. are not
eligible to use the Website. If you are a minor i.e. under the age of 18
years, you shall not register as a User of the Prompt website and shall
not transact on or use the website. As a minor if you wish to use or
transact on website, such use or transaction may be made by your legal
guardian or parents on the Website. Prompt reserves the right to
terminate your membership and / or refuse to provide you with access to
the Website if it is brought to Prompt notice or if it is discovered that
you are under the age of 18 years.
Your Account and Registration Obligations
If
You use the Website, You shall be responsible for maintaining
the confidentiality of your Display Name and Password and You shall be
responsible for all activities that occur under your Display Name and
Password. You agree that if You provide any information that is untrue,
inaccurate, not current or incomplete or We have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, or not in accordance with the this Terms of Use, We shall have
the right to indefinitely suspend or terminate or block access of your
membership on the Website and refuse to provide You with access to the
Website.
Communications
When
You use the Website or send emails or other data, information
or communication to us, You agree and understand that You are
communicating with Us through electronic records and You consent to
receive communications via electronic records from Us periodically and as
and when required. We may communicate with you by email or by such other
mode of communication, electronic or otherwise.
Disclaimer of Warranties and Liability
This
Website, all the materials and products, included on or otherwise made
available to You through this site are provided on "as is" and
"as available" basis without any representation or warranties,
express or implied except otherwise specified in writing. Without
prejudice to the forgoing paragraph, Prompt does not warrant that:
•
This Website will be constantly available, or available at all; or
•
The information on this Website is complete, true, accurate or non-misleading.
Prompt
will not be liable to You in any way or in relation to the Contents of,
or use of, or otherwise in connection with, the Website. Prompt does
not warrant that this site; information, Content, materials,
product (including software) or services included on or otherwise made
available to You through the Website; their servers; or electronic
communication sent from Us are free of viruses or other harmful
components.
Nothing
on Website constitutes, or is meant to constitute, advice of any kind. All
the Products sold on Website are governed by different state laws and if
Seller is unable to deliver such Products due to implications of different
state laws, Seller will return or will give credit for the amount (if any)
received in advance by Seller from the sale of such Product that could not
be delivered to You.
You
will be required to enter a valid phone number while placing an order on
the Website. By registering Your phone number with us, You consent to be
contacted by Us via phone calls and/or SMS notifications, in case of any
order or shipment or delivery related updates. We will not use your
personal information to initiate any promotional phone calls or SMS.
Services
Payment
While
availing any of the payment method/s available on the Website, we will not
be responsible or assume any liability, whatsoever in respect of any loss
or damage arising directly or indirectly to You due to:
- Lack of
authorization for any transaction/s, or
- Exceeding the
preset limit mutually agreed by You and between "Bank/s",
or
- Any payment issues
arising out of the transaction, or
- Decline of
transaction for any other reason/s
All
payments made against the purchases/services on Website by you shall
be compulsorily in Indian Rupees acceptable in the Republic of India.
Website will not facilitate transaction with respect to any other form of
currency with respect to the purchases made on Website.
Before
shipping / delivering your order to you, Seller may request you to
provide supporting documents (including but not limited to Govt. issued ID
and address proof) to establish the ownership of the payment instrument
used by you for your purchase. This is done in the interest of providing a
safe online shopping environment to Our Users.
Further:
1.
Transactions, Transaction Price and all commercial terms such as
Delivery, Dispatch of products and/or services are as per principal to
principal bipartite contractual obligations between Buyer and Seller and
payment facility is merely used by the Buyer and Seller to facilitate the
completion of the Transaction. Use of the payment facility shall not
render Prompt liable or responsible for the non-delivery, non-receipt,
non-payment, damage, breach of representations and warranties,
non-provision of after sales or warranty services or fraud as regards the
products and /or services listed on Prompt 's Website.
2.
You have specifically authorized Prompt or its service providers
to collect, process, facilitate and remit payments and / or the
Transaction Price electronically or through Cash on Delivery to and from
other Users in respect of transactions through Payment Facility. Your
relationship with Prompt is on a principal to principal basis and by
accepting these Terms of Use you agree that Prompt is an independent
contractor for all purposes, and does not have control of or liability for
the products or services that are listed on Prompt's Website that are paid
for by using the Payment Facility. Prompt does not guarantee the identity
of any User nor does it ensure that a Buyer or a Seller will complete
a transaction.
3.
You understand, accept and agree that the payment facility provided by Prompt
is neither a banking nor financial service but is merely a
facilitator providing an electronic, automated online electronic payment,
receiving payment through collection and remittance facility for the
Transactions on the Prompt Website using the existing authorized banking
infrastructure and Credit Card payment gateway networks. Further, by
providing Payment Facility, Prompt is neither acting as trustees nor
acting in a fiduciary capacity with respect to the Transaction or the
Transaction Price.
Payment Facility for Buyers:
•
You, as a Buyer, understand that upon initiating a Transaction You
are entering into a legally binding and enforceable contract with the
Seller to purchase the products and /or services from the Seller using the
Payment Facility, and You shall pay the Transaction Price through Your
Issuing Bank to the Seller using Payment Facility.
•
You, as a Buyer, may agree with the Seller through
electronic communication and electronic records and using the automated
features as may be provided by Payment Facility on any extension /
increase in the Dispatch and/or Delivery time and the Transaction shall
stand amended to such extent. Any such extension / increase of Dispatch /
Delivery time or subsequent novation / variation of the Transaction should
be in compliance with Payment Facility Rules and Policies.
•
You, as a Buyer, shall electronically notify Payment Facility using
the appropriate Prompt Website features immediately upon Delivery or
non Delivery within the time period as provided in Policies. Non
notification by You of Delivery or non Delivery within the time period
specified in the Policies shall be construed as a deemed Delivery in
respect of that Transaction. In case of Cash On Delivery transactions,
Buyer is not required to confirm the receipt of products or services.
•
You, as a Buyer, shall be entitled to claim a refund of the
Transaction Price (as Your sole and exclusive remedy) in case You do not
receive the Delivery within the time period agreed in the Transaction or
within the time period as provided in the Policies, whichever is earlier.
In case you do not raise a refund claim using Website features within the
stipulated time than this would make You ineligible for a refund.
•
You, as a Buyer, understand that the Payment Facility may not be available
in full or in part for certain category of products and/or services and/or
Transactions as mentioned in the Policies and hence You may not
be entitled to a refund in respect of the Transactions for those products
and /or services
•
Except for Cash On Delivery transaction, refund, if any, shall be made
at the same Issuing Bank from where Transaction Price was received.
•
For Cash On Delivery transactions, refunds, if any, will be made
via demand draft in favour of the Buyer (As per registration details
provided by the Buyer)
•
Refund shall be made in Indian Rupees only and shall be equivalent to
the Transaction Price received in Indian Rupees.
•
For electronics payments, refund shall be made through payment
facility using NEFT / RTGS or any other online banking / electronic funds
transfer system approved by Reserve Bank India (RBI).
•
Refund shall be conditional and shall be with recourse available to Prompt in
case of any misuse by Buyer.
•
Refund shall be subject to Buyer complying with Policies.
4.
Prompt reserves the right to impose limits on the number of Transactions
or Transaction Price which Prompt may receive from on an individual Valid
Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or
any other financial instrument directly or indirectly through payment
aggregator or through any such facility authorized by Reserve Bank of
India to provide enabling support facility for collection and remittance
of payment or by an individual Buyer during any time period, and reserves
the right to refuse to process Transactions exceeding such limit.
5.
Prompt reserves the right to refuse to process Transactions by Buyers with
a prior history of questionable charges including without limitation
breach of any agreements by Buyer with Prompt or breach/violation of any
law or any charges imposed by Issuing Bank or breach of any policy.
6.
Prompt may do such checks as it deems fit before approving the receipt
of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction
Price from the Buyer for security or other reasons at the discretion of Prompt.
As a result of such check if Prompt is not satisfied with the
creditability of the Buyer or genuineness of the Transaction / Transaction
Price, it will have the right to reject the receipt of / Buyers commitment
to pay Transaction Price.
7.
Prompt may delay notifying the payment confirmation i.e. informing Seller
to Dispatch, if Prompt deems suspicious or for Buyers conducting high
transaction volumes to ensure safety of the Transaction and Transaction
Price. In addition, Prompt may hold Transaction Price and Prompt may not
inform Seller to Dispatch or remit Transaction Price to law enforcement
officials (instead of refunding the same to Buyer) at the request of law
enforcement officials or in the event the Buyer is engaged in any form of
illegal activity.
8.
The Buyer and Seller acknowledge that Prompt will not be liable for
any damages, interests or claims etc. resulting from not processing a
Transaction/Transaction Price or any delay in processing a
Transaction/Transaction Price which is beyond control of Prompt.
Compliance with Laws:
9.
Buyer and Seller shall comply with all the applicable laws (including
without limitation Foreign Exchange Management Act, 1999 and the rules
made and notifications issued there under and the Exchange Control Manual
as may be issued by Reserve Bank of India from time to time, Customs Act,
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, Foreign Contribution Regulation Act, 1976 and
the rules made there under, Income Tax Act, 1961 and the rules made there
under, Export Import Policy of government of India) applicable to them
respectively for using Payment Facility and Prompt Website.
Buyer's arrangement with Issuing Bank:
10.
All Valid Credit / Debit/ Cash Card/ and other payment instruments
are processed using a Credit Card payment gateway or appropriate payment
system infrastructure and the same will also be governed by the terms and
conditions agreed to between the Buyer and the respective Issuing Bank and
payment instrument issuing company.
11.
All Online Bank Transfers from Valid Bank Accounts are processed using
the gateway provided by the respective Issuing Bank which support Payment
Facility to provide these services to the Users. All such Online Bank
Transfers on Payment Facility are also governed by the terms and
conditions agreed to between Buyer and the respective Issuing Bank.
Indemnity
You
shall indemnify and hold harmless Prompt, its owner, licensee,
affiliates, subsidiaries, group companies (as applicable) and their
respective officers, directors, agents, and employees, 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 this Terms of
Use, privacy Policy and other Policies, or Your violation of any law,
rules or regulations or the rights (including infringement of intellectual
property rights) of a third party.
Applicable Law
Terms
of Use shall be governed by and interpreted and construed in accordance with
the laws of India. The place of jurisdiction shall be exclusively in Bangalore.
Jurisdictional
Issues/Sale in India Only
Unless
otherwise specified, the material on the Website is presented solely
for the purpose of sale in India. Prompt make no representation that
materials in the Website are appropriate or available for use in other
locations/Countries other than India. Those who choose to access this site
from other locations/Countries other than India do so on their own
initiative and Prompt is not responsible for supply of products/refund for
the products ordered from other locations/Countries other than India,
compliance with local laws, if and to the extent local laws
are applicable.
Trademark, Copyright and Restriction
This
site is controlled and operated by Prompt and products are sold
by respective Sellers. All material on this site, including images,
illustrations, audio clips, and video clips, are protected by copyrights,
trademarks, and other intellectual property rights. Material on Website is
solely for Your personal, non-commercial use. You must not copy, reproduce,
republish, upload, post, transmit or distribute such material in any way,
including by email or other electronic means and whether directly or
indirectly and You must not assist any other person to do so. Without the
prior written consent of the owner, modification of the materials, use of
the materials on any other website or networked computer environment or
use of the materials for any purpose other than personal, non-commercial use is
a violation of the copyrights, trademarks and other proprietary rights,
and is prohibited. Any use for which You receive any remuneration, whether
in money or otherwise, is a commercial use for the purposes of this clause.
Trademark complaint
Prompt
respects the intellectual property of others. In case You feel that
Your Trademark has been infringed, You can write to Prompt at
infringement@Prompt.com or ss@Prompt.com.
Prompt
do not warrant that Product description or other content of this Website
is accurate, complete, reliable, current, or error-free and assumes
no liability in this regard.
Limitation of Liability
IN
NO EVENT SHALL PROMPT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE,
EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH
DAMAGES.
Contact Us
Please contact us for any
questions or comments (including all inquiries unrelated to copyright
infringement) regarding this Website.
POLICIES
Profanity Policy
Prompt
prohibits the use of language that is racist, hateful, sexual or obscene
in nature in a public area.
This
policy extends to text within listings, on Seller pages and all other areas
of the site that another User may view. If the profane words are part of a
title for the item being sold, we allow Sellers to 'blur' out the bulk of
the offending word with asterisks (i.e., s*** or f***).
Please
report any violations of this policy to the correct area for review:
- Report offensive
Display Names
- Report offensive
language in a listing or otherwise
If
a feedback comment; or any communication made between Users on
the Website; or email communication between Users in relation to
transactions conducted on Website contain profanity, please review Our
feedback removal policy and submit a request for action/removal.
Disciplinary
action may result in the indefinite suspension of a User's
account, temporary suspension, or a formal warning.
Prompt
will consider the circumstances of an alleged policy violation and
the user's trading records before taking action.
Violations
of this policy may result in a range of actions, including:
- Limits placed on
account privileges;
- Loss of special
status;
- Account suspension.