TERMS AND CONDITIONS

THESE WEBSITE TERMS & CONDITIONS OF USE IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE..

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND ACEMICROELECTRONICS PVT. LTD (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND ACEMICROELECTRONICS PVT. LTD FOR THE USE OF THE WEBSITE (DEFINED BELOW)..

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

These Terms of Use of the website located at the URL www.acemicro.in and under the name and style "ACEMICRO" (the Website) is between ACE MICROELECTRONICS PVT. LTD(hereinafter referred to as "We" or "Us" or "Our" or ACEMICRO) and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which ACEMICRO offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

General

a) ACEMICRO is a company incorporated under the laws of India, with its registered office at 506-507 Vishal Bhavan, Nehru Place, New Delhi-110019 INDIA India

b) These Terms of Use are subject to revision by ACEMICROat any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website,

  Eligibility to Use

a) The Services are not available to minors under the age of eighteen (18) years or to any Users suspended or removed from the ACEMICRO system by ACEMICRO for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between ACEMICRO and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

b) ACEMICRO reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

c) You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

User Account, Password, and Security

a) You may access and use the Website and the Services either as a registered user as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

b) Registered users: ACEMICRO makes certain sections of the Services available to You through the Website only if You have provided ACEMICRO certain required User information and created an account and a ACEMICRO ID through certain log-in ID and password ("Account").

In the event You register as a User by creating an Account in order to avail the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (i) immediately notify ACEMICRO of any unauthorized use of Your Account Information or any other breach of security, and (ii) ensure that You exit from Your Account at the end of each session. ACEMICRO cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred to ACEMICRO or any other user or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secured and confidential.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ACEMICRO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ACEMICRO has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

c) Guest users: The Website also allows  access to the Services for unregistered Users (also called as ‘guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

Payments related Information

a) You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account. ACEMICRO expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.

b) For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and ACEMICRO does not control the same and shall be liable for the same.

c) For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and ACEMICRO does not control the same and shall be liable for the same.

User Obligations and Role of ACEMICRO

You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website

a) You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by ACEMICRO. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.

b) In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided byYou.

c) In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided byYou.

Use of Content

a) Except as expressly indicated to the contrary in any applicable Additional Service Terms, ACEMICRO hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:

• You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
• You may not modify or alter product catalogues available on the Website;
• You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
• You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.

b) The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.

c) Any software that is available on the Website is the property of ACEMICRO or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of ACEMICRO.

Intellectual Property Rights

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of ACEMICRO or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of ACEMICRO, the vendor/seller or the third party that may own the Marks.

Third Party Content

a) General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an ‘As Is' basis. ACEMICRO may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. ACEMICRO shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.

b) In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. ACEMICRO makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

 Indemnification and Limitation of Liability

You agree to indemnify, defend and hold harmless ACEMICRO, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with
(i) Your breach of the Agreement(s); or
(ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or
(iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or
(iv) Your violation of any rights of another, including any intellectual property rights.

  Governing Law and Jurisdiction

a) These Terms of Use and all transactions entered into on or through the Website and the relationship between You and ACEMICRO shall be governed in accordance with the laws of India without reference to conflict of laws principles.

b) You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and ACEMICRO shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.

c) Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by ACEMICRO is, or other third parties in fulfilment of any purchase  transaction (for eg: logistics service provider,  payment gateways etc.)  prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or reprfvesentative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of ACEMICRO or its third parties performing such services as sub-contractor to ACEMICRO and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then ACEMICRO shall be excused from such performance to the extent of and during the period of such Force Majeure Event. ACEMICRO shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

Feedback and Information

a) Any feedback You provide to this Website shall be deemed to be non-confidential. ACEMICRO shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) ACEMICRO is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) ACEMICRO may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from ACEMICRO for the feedback under any circumstances.

b) To clarify, ACEMICRO may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however ACEMICRO shall not be obliged to do so. Further, in the event that ACEMICRO makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services.