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Disclaimer of Warranties
You use MIGITAL Products & Services at your own risk and MIGITAL makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products on the website and other collaterals, including that.

- MIGITAL and its services will meet your requirements,
- MIGITAL’s service and application use will be uninterrupted, timely, secure or error free,
- The quality of any products, services, information or other material purchased or obtained by you though
- MIGITAL will meet your expectations, be reliable or accurate, and
- Errors/problems in the software/hardware will be rectified.

Your sole remedy for dissatisfaction with MIGITAL, site-related services and/or content or information contained within the site is to stop using the site and/or its services. Any material downloaded or otherwise obtained through the use of MIGITAL is done at your own discretion and risk and you will be solely responsible for any damage to your electronic systems or any other loss that may result from the download of any such material.

MIGITAL suggests that you download the trial version, use and understand its usage/workings/implications and clarify all issues regarding handset compatibility/subscription Charges & billing schedule before buying/subscribing to the devices/services/applications.

Please use caution, common sense, and practice safe trading when using the site and all services/applications.

All other terms and conditions of this User Agreement are applicable to such transactions

Limitation of Liability
In no event shall MIGITAL be liable for any direct, indirect, incidental, special, punitive, consequential damages, or any damages whatsoever, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from

- The use or the inability to use our services or access content,
- The cost of procurement of substitute goods and services resulting from transactions entered into through or from MIGITAL,
- The unauthorized access to or alterations of your transmissions or data,
- Statements or conduct of any third party on the service, or
- Any other matter relating to the service, even if MIGITAL has been advised of the possibility of damages.
 
Pricing Information

There may be differences & inaccuracies in the prices of devices, products and services offered by MIGITAL due to unavoidable circumstances and MIGITAL may cancel any order at any time at its own discretion. MIGITAL reserves the right to change/modify the price of any product/service at it’s sole discretion.

Online prices of devices/products/services and their offline retail prices may differ; MIGITAL holds rights to change/modify any price for any product/service sold online or through offline retail. There will not be any refunds/charge backs in such cases.

MIGITAL has all the rights to modify/change the prices without any notice.


Payment

On MIGITAL websites, payments are accepted only by way of Credit Cards. Once the credit card numbers with other details are provided to MIGITAL; the customer is notified in real time on the portal and by email about the product/service charges.

MIGITAL reserves the right to approve/decline any order at it’s sole discretion.

Please note that all payments will always be processed prior to download/dispatch/registration and any discrepancy in payment.

Subscriptions Charges

Some Applications/Services are offered as a subscription service with monthly/quarterly/yearly subscription charges. Subscribers opting for such applications/services will be charged as per the product/service plan they opt for and the said service charges will be charged to their Credit Card as per the billing schedule of subscribed services. MIGITAL may or may not send prior information notices of the Billing Schedule to the Subscriber. 

Please Note: The Service / Subscription charges are subject to change from time to time and MIGITAL does not guarantee prior notification of the same to the subscriber.

No refunds will be made if you opt to unsubscribe midway of a billing period (Month/Quarter/Year) and you will be charged for the full billing period (Month/Quarter/Year) and refunds, either partial or full will be made under any circumstances.



Refunds / Charge Backs

No refund claims will be entertained after the product/service has been installed and subsequently registered and activated.

No refunds/Charge back will be initiated for products purchased mistakenly, for wrong devices or for wrong platforms due to misunderstanding by the consumer.

No refunds in case of price mismatch/differences/variances of any nature.

No refunds will be made if you opt to unsubscribe midway of a Billing Month / Quarter / Year and you will be charged for the full Month / Quarter / Year of the service period.

Cancellation by MIGITAL

There may be certain orders that we will be unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason at any time.

If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. The cancellation charges will become applicable at the flat rate of 10 % (subject to change) of the order value and other processing/handling charges as applicable

Cancellations by the Customer

No cancellation/refund/charge back notice or request of any kind will be entertained after the product has been dispatched/downloaded/registered/used.

In case we receive a cancellation notice prior to dispatch/download/registration but after the payment has been processed and approved, MIGITAL holds the rights at its sole discretion to refund and charge back after the deducting the processing and other service charges as applicable. The processing/cancellation/charges will be applicable at the flat rate of 20 % (subject to change without any notice) of the order value. Other taxes will be applicable as under existing laws

Unauthorized Use

In case a cancellation request has been approved and subsequent refund has been made, any use of the application/service by the user will be deemed as illegal/inappropriate and MIGITAL reserves the right to charge the customer of the said usage and initiate legal proceedings against such usage in a court of law.

The customer agrees not to dispute the decision made by MIGITAL and accept MIGITAL’sdecision regarding the cancellation/refund/charge back policies.

Products once dispatched/downloaded/used cannot be returned

Credit Card Charge Back Policy
If the cancellation is approved by MIGITAL, the amount after deducting the applicable Cancellation Charges/Processing charges will be returned by Credit Card Charge back into the Credit Card of the customer within 30 days

Third Party Products

You understand and agree that there may be certain products, which will be sold on the Site by third party vendors (“Vendors”). MIGITAL may not be able to control the transactions or the acts of omission & commission by the Vendors in such transactions.

 

Please Note:
Please Note: Along with the MIGITAL terms and conditions, third party terms and conditions are applicable in case for all products not manufactured by MIGITAL and its group companies
 
Fraudulent / Declined Transactions

MIGITAL reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the site and its other services in a fraudulent manner.

MIGITAL reserves the right to initiate legal proceedings against such persons/entities for all fraudulent use of the site and any other unlawful acts or acts or omissions in breach of these terms and conditions and other laws as applicable

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

(a) Accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
   
(b) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
   
(c) Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
   
(d) Sending unsolicited email, including promotions and/or advertising of products or services; or
   
(e) Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
   
(f) MIGITAL will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
   
(g) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
   
(h) You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from MIGITAL on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
   
   
 
Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing
Indemnity

You agree to defend, indemnify and hold harmless MIGITAL, its employees, directors, officers, agents and their successors and assignees 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 MIGITAL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement 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 this User Agreement

 
Void Where Prohibited
Although MIGITAL website is accessible worldwide, not all products or services discussed or referenced on MIGITAL are available to all persons or in all geographic locations or jurisdictions. MIGITAL reserves the right to limit the provision of any product or service to any person, geographic area or jurisdiction it so desires, in its sole discretion and to limit the quantities of any such product or service that it provides. Any offer for any product or service made on MIGITAL is void where prohibited
 
Service/Product Delivery with Force Majeure

All products/services ordered from this site are delivered using Internet infrastructure and services as well as various services offered by ISP’s/mobile telecom service providers/global payment processors.

If at anytime, during the continuance of Services, the performance in whole or part, of any obligation under it shall be prevented or delayed by reason of war, hostility, acts of the public enemy, civil commotion, sabotage, fire, flood, explosion, epidemic, quarantine restriction, strikes, lock-out or act of GOD etc., the Customer shall not have any claim for damages against MIGITAL in respect of such non-performance or delay in performance of Service(s).

The same will also apply to problems in network services being provided by ISP’s, global bandwidth service providers, telecom operators, Payment Processors and malfunctioning of mobile handsets. MIGITAL will not be responsible for such non-performance or delay in performance of website/Service(s) or handset problems
Termination of License

MIGITAL and You may terminate this License at any point in time before or during your use of the Content. Further, termination of the Service in accordance with the terms herein shall automatically terminate the License granted herein.

Upon termination of this License by either party, MIGITAL shall not be liable to refund any part of the subscription fees for the remaining period
 
Legal Jurisdiction
You may not assign any of your rights or delegate any of your obligations under this License without MIGITAL prior written consent. This License shall be subject to and construed in accordance with the laws of India and any action brought in connection with this License or the Service shall be subject to the exclusive jurisdiction of the courts in New Delhi. If any provision of this License is held to be overly broad in scope or duration by a court of competent jurisdiction such provision shall be deemed modified to the broadest extent possible as permitted under applicable law. If any provision of this License shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default
 
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