Terms and Conditions
The domain name www.fusion-india.herokuapp.com (hereinafter the "Website") is a company entitled “Fusion India” and incorporated under the Companies Act, 2013, having its registered office at "Fusion India B/1007, Venkatuh Kirti, Balaji Complex , 150, Ft Road , Bhayander(West), Thane-Maharashtra 401101.
These Standard Terms and Conditions contained herein on this webpage shall govern your use of our Website/App including all pages within this Website. Fusion India essentially deals with the sale of the products/goods listed on the Website/App. These Terms and Conditions of Use will apply to all persons who access the Website/App. By using the Website/App, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our Website/App.
Access to the Website/App and the Services is subject to your compliance with and acceptance of these Terms and Conditions of Use, the Privacy and other policies and any other terms and conditions. If you register with our Website/App, submit any material to our Website/App or use any of our Website Services, we will ask you to expressly agree to these terms and conditions.
You must be at least 18 [Eighteen] years of age to use our Website/App; by using our Website/App or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 [Eighteen] years of age.
License to use, Browse and Access the Website
Please ensure that you read and understand the Terms carefully. By accessing the Website/App and/or using the Services, you agree to be bound by the Terms and signify your voluntary consent thereof.
The User may:
1. View pages from our Website/App and use the Services for personal or business purposes only and not for any other purpose.
2. Downloading, editing and modifying any materials on the Website/App is expressly prohibited.
The User must not
1. republish material from the Website/App;
2. use any material from our Website/App in public;
3. exploit material from our Website/App for a commercial purpose; or
4. redistribute material from our Website/App
You may register for an account with our Website/App by submitting the account registration form on our website/App. You must not allow any other person to use your account to access the Website/App and you must not use any other person's account to access the Website/App, unless you have that person's express permission to do so.
You must notify us in writing immediately if you become aware of any unauthorized use of your account.
You must ensure that all the information provided to us is true, current, complete and not misleading.
We reserve the right to restrict access to areas of our Website/App, at our discretion.
Placing of Order and Payment
User may select from the range of listed Products and Services. Prices of the Products displayed on the Website/App are deemed to be a part of the Terms and are subject to change as maybe determined and displayed by a Supplier.
The Buyer has to place an order of quantity in three (3) of any items. After the Buyer's order is finalized and confirmed, the Buyer has to make payment of the total product price thereafter. The prices listed on the website/App is exclusive of all the taxes and 18% GST shall be applicable on the price as listed on the website/App. Buyer may choose to make payment for his / her order in several ways:
Internet banking (RTGS / NEFT), or DD or Cash before Delivery, if available for the relevant Product and as permissible by the prevailing law.
We shall ensure that once the Orders are placed, the Delivery shall be made within 10 to 12 working days and such products once delivered will be notified to you through a SMS or email as provided by you at the time of registration.
You shall be entitled to terminate the customer account by contacting Fusion India at firstname.lastname@example.org
These terms shall further stand terminated:
a. If Fusion India is adjudged bankrupt or declared insolvent;
b. If Fusion India ceases to carry on its business or has communicated to the security trustee any intention to cease to carry on its business;
c. If Fusion India ceases to carry on its business or has communicated to the security trustee any intention to cease to carry on its business;
d. If Fusion India breaches any of the terms and conditions under the security trustee agreements or terms and does not remedy such breach within 60 (sixty) days of being called upon to do so by the security trustee;
e. Upon any corporate action (excluding any third party corporate action), legal proceedings or other procedures or steps being taken in relation to the suspension of payments, winding up, dissolution, administration, provisional supervision or reorganization or restructuring (by way of voluntary arrangement, scheme of arrangement or otherwise) of Fusion India;
f. Upon Fusion India commencing a voluntary proceeding under any applicable bankruptcy, insolvency, winding up or other similar applicable law now or hereafter in effect, or consenting to the entry of an order for relief in an involuntary proceeding under any such applicable law, or consenting to the appointment or taking possession by a receiver, liquidator, assignee (or similar official) for the whole or a substantial part of its property or takes any action towards its re-organization, liquidation or dissolution;
g. Upon an order being made for the winding up, bankruptcy or dissolution of Fusion India or an application is admitted for initiating any corporate insolvency resolution process against Fusion India in accordance with applicable law;
h. Upon any encumbrancer lawfully taking possession, or a liquidator, judicial custodian, receiver, administrative receiver or trustee or any analogous officer having been appointed in respect of the whole or a substantial part of the property of Fusion India, or an attachment, sequestration, distress or execution (or analogous process) being levied or enforced upon or issued against whole or a substantial part of the /static/assets or property of Fusion India, or any action has been taken or suffered against Fusion India towards liquidation or dissolution or similar reorganization; or
i. Upon a liquidator or provisional liquidator being appointed or a receiver, receiver and manager, trustee or similar official being appointed in respect of Fusion India or any of its /static/assets, or an event analogous.
The User agrees that the User shall indemnify and keep indemnified Fusion India, its subsidiaries, associates, employees, licensees and partners from all or any losses, damages, suits, claims, charges, proceedings, actions, demands and costs of any nature whatsoever incurred by such person on account of any act or omission of the User while accessing the Website or availing of the Services or a breach of the Terms committed by the User.
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM (COLLECTIVELY, THE "CONTENTS") ARE PROVIDED BY US ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Fusion India MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. Fusion India SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION OR ANY OTHER LOSSES INCURRED BY YOU FOR USE OF THE WEBSITE. YOU EXPRESSLY AGREE THAT THE USE OF THE PLATFORM IS AT YOUR SOLE RISK. Fusion India WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE SERVICES OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, Fusion India DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM (OR ANY PART THEREOF) AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
Replacement or warranty on each Product supplied by the us shall be as determined and specified by the Supplier against the specific Products displayed on the Website/App. The Buyer is hereby advised to go through the conditions of replacement and warranty, if applicable, before making a purchase of the Product.
You hereby acknowledge that Fusion India (including but not limited to its, directors, employees, agents or partners) shall not be held liable to you for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. Fusion India shall also not be liable under any circumstances for damages arising out or related in any way to your inability to access, or your difficulty in accessing the platform or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the platform by any third party, any loss of your data, any claim relating to your data or content from the services, your failure to keep the customer account information secure and confidential. You further agree that Fusion India shall not be held responsible in any manner whatsoever for any and all acts of the intermediaries.
Intellectual Property Rights
At all times under this User Agreement, Fusion India shall retain all rights, title and ownership in its Information, materials, software, products, copyrights, patents, trade secrets, trademarks, moral rights or any other rights of similar nature (the “Intellectual Property” and such rights, the “Intellectual Property Rights”).
Fusion India may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
You shall not assign any rights or obligations guaranteed under these Terms to a third party without the prior consent of Fusion India.
If any particular provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will still continue to have effect and bind both the parties to this Agreement.
Both the parties mutually understand and agree that there exists no oral agreement between the parties to these Terms. These Terms shall constitute the entire business understanding between User and the Company, and shall supersede and subsume any prior agreements, documents and or communications, if any.
Amendments of Terms
Please note that these terms may be amended from time to time by Fusion India as follows. In the event that any change/ amendment is to be made to the terms and which is not adverse or detrimental to the you, then you would be provided 7 days’ prior notice to such changes/ amendments. In the event, any proposed changes or amendments to the terms are adverse to or in any way detrimental to you, then Fusion India shall provide you with 14 days’ prior notice requiring you to opt out of the agreement/understanding on which Fusion India would provide the services to you as recorded in these terms. In the event that you do not respond to any such proposed change/amendment stating that you do not accept such change/amendment and wish to opt out of the terms, then you would be deemed to have consented to such proposed change or amendment to these terms.
Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.
Governing Law, Jurisdiction and Dispute Resolution
In the event any controversy, dispute or difference arising out of or in connection with or in relation to this Terms and Conditions of Use, the same shall be resolved amicably by the Parties hereto, failing which the controversy, dispute or difference shall be referred to Arbitration by a Sole Arbitrator appointed mutually by both the Parties in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996. The language of the arbitration proceedings shall be English. The arbitration award shall be final and binding on the Parties. The venue of the arbitration proceedings shall be at Thane , Maharashtra with regard to all disputes.
All notices hereunder, to be effective, shall be in writing and shall be delivered by way of mail.
Grievances and Violations
In the event that a User has any other grievance in relation to the Website/App, or if a User becomes aware of an abuse or violation of the Terms, then the User may contact the authorized authority at the following email address;