PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY
The following demonstrates User Agreement (here-in-after referred to as an
(hereinafter referred to as "CAPGRID") and the users of the Website ("You", "Your",
Before you subscribe to and/or begin participating in or using web site, CAPGRID
believes that user(s) have fully read, understood and accepted the Agreement.
All the terms and conditions listed here for the website
(https://www.capgridsolutions.com), our SaaS product
and SaaS Commerce businesses
are in accordance with the FDI policy.
If you do not agree to or wish to be bound by this Agreement, you may not access to
or otherwise use the website.
Your use of the CAPGRID website - https://www.capgridsolutions.com (hereinafter
referred to as “Website"), our SaaS Portal
(hereinafter referred to as "the Portal"
and SaaS Commerce businesses and services available on a website is governed by
the following terms and conditions. This User Agreement for this Website shall come
into effect on December 17th, 2020.
CAPGRID may change, modify, amend, or update this agreement from time to time
without any prior notification to user(s) and the amended and restated terms and
conditions of use shall be effective immediately on posting. You are advised to
regularly check for any amendments or updates to the terms and conditions
contained in this User Agreement. If you do not adhere to the changes, you must stop
using the service. Your continuous use of the service will signify your acceptance of
the changed terms.
User(s) means any individual or business entity/organization that legally operates in
India or in other countries, uses and has the right to use the services provided by
CAPGRID. Our services are available only to those individuals or companies who can
form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872.
As a minor if you wish to purchase or sell an item on the Website such purchase or
sale may be made by your legal guardian or parents who have registered as users of
the Website. CAPGRID advises its users that while accessing the Website, they must follow/abide by
the related laws. CAPGRID is not responsible for the possible
consequences caused by your behaviour/conduct during use of the Website.
CAPGRID may, in its sole discretion, reserve the right to terminate your membership
and refuse to provide you with access to the Website at any time.
We record buying and browsing activities of our users including but not limited to
YOUR contact details and profiles and uses the same to provide value-added services
to our users.
If you are registering as a business entity, you represent that you are duly authorized
by the business entity to accept this User Agreement and you have the authority to
bind that business entity to this User Agreement.
Please note our Website is also not a risk proof website.
When You use the Website or send emails or other data, information or
communication to CAPGRID, You agree and understand that You are communicating
with CAPGRID through electronic records and You consent to receive
communications via electronic records from CAPGRID periodically and as and when
REGISTRATION AND YOUR ACCOUNT
To become a Registered User(s) on the Portal there is a proper procedure which is
for the convenience of user(s). User(s) can apply to become a Registered User(s) by
filling an on-line registration form on the Website by giving desired information
(name, contact information, details of its business, etc.), directly calling the phone
number or sending an email to the email available on the Website.
CAPGRID will get in touch with the interested parties and based on follow up
discussions will establish an account ("Account") for the user(s) upon registration
and assign a user alias ("User ID") and password ("Password") for log-in access to
your Account. If you use the Website or the Portal as Registered User, you are
responsible for maintaining the confidentiality of your User ID and Password. You are
responsible for maintaining the confidentiality of your personal and non-personal
information and for restricting access to your computer, computer system and
computer network, and you are responsible for all activities that occur under your
User ID and Password , email id and cell number as the case may be.
If you register on behalf of a business entity, you represent that business entity and
(a) you have the authority to bind the entity to terms and condition of use and/or this
Agreement; (b) the address you use when registering is the principal place of business of such
business entity; and (c) all other information submitted to CAPGRID
during the registration process is true, accurate, current and complete.
By becoming a Registered User, you consent to the inclusion of your personal and
non-personal data in our on-line database and authorize CAPGRID to share such
information with other user(s). CAPGRID may refuse registration and deny the
membership and associated User ID and Password to any user for whatever reason.
Website may suspend or terminate a registered membership at any time without any
prior notification in interest of CAPGRID or general interest of its visitors/other
members without giving any reason thereof.
Despite Your organization’s contact number(s) are on Do Not Call Registry, You
consent to be contacted by CAPGRID through phone calls, SMS notifications or any
other means of communication, in respect to the services provided by CAPGRID.
You agree, inter alia, to: 1. Provide true, accurate, current and complete information
about yourself as prompted by CAPGRID's registration form or provided by You 2.
Maintain and promptly update the personal and non-personal Data to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete or CAPGRID has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, or not in
accordance with the User Agreement, CAPGRID has the right to indefinitely suspend
or terminate or block access of your membership with the Website and refuse to
provide you with access to the Website.
USE OF THE WEBSITE AND THE PORTAL
You may use the Services in accordance with our contractual arrangement with you
or your Employer / organisation that you represent.
limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use
and access the Service.
You agree not to (and not to attempt to) (i) use the Service for any use or purpose
Company reserves the right to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. The Company reserves the right
to refuse any user access to the Services without notice for any reason, including but
warning regarding the violation or immediately terminate or suspend any or all
accounts you have created using the Service. You agree that the Company need not provide you notice
before terminating or suspending your Account(s), but it may do
Website as it describes the types of data we collect from you and your devices
(“Personal Data”), how we use your Data, and the legal basis for which we have to
process your Personal Data.
USE OF CAPGRID PORTAL
If you use the Portal, as a User you are responsible for maintaining the security of the
devices on which the Portal is installed and/or used, as well as the security of your
account associated with the Portal. You are responsible for all activities that occur
on the Portal under your account.
You may only access the Portal and use the Services for lawful purposes. You are
solely responsible for the knowledge of and adherence to any or all provisions of
Applicable Law pertaining to Your use of the Portal and Services. You agree that you
will not in any way:
Interfere with the ability of others to access or use the Portal.
Interfere with or disrupt the Services or servers or networks connected to
the Services, or disobey any requirements, procedures, policies, or
regulations of networks connected to the Services.
Upload or transmit (or attempt to upload or transmit) files that contain
viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or
data, or any other similar software or programs that may damage the
operation of the Service or other users’ computers.
Violate any Applicable Laws or regulations, or promote and encourage any
illegal activity including, but not limited to hacking, cracking or distribution
of counterfeit software, or cheats or hacks for the Service.
laws of India, without reference to conflict of laws & principles. The courts in Gurgaon,
India, shall have the exclusive jurisdiction to determine any disputes rising in relation
The USER shall keep CapGrid indemnified against freight, and other charges including
duties, taxes, octroi, cess, clearance charges and any other charge/levy by
whatsoever name called, levied on shipments plus disputes and actions with their Consignees if any
related to quality, quantity and condition. The USER shall keep
CapGrid indemnified from any sequential liability due to the product related issue or
due to the delay in delivery of the product.
The USER shall keep CapGrid indemnified against all duties, taxes, octroi, cess,
clearance charges and any other charge/levy by whatsoever name called, levied on
shipments and shall keep CapGrid indemnified against any loss, damage, costs,
expenses arising out of any action or proceedings initiated by any authority (judicial
or regulatory of the like) on account of any act/omissions on its part.
The USER will be solely responsible to comply with all statutory requirements (State,
Central Laws/Statutes, Tax Laws and Local Laws) applicable in relation to booking,
sale and transportation of the shipments carried and delivered by CapGrid in
pursuance of this agreement.
The USER shall keep CapGrid indemnified against any loss, damage, costs, expenses
arising out of any action or proceedings initiated by any authority (judicial or
regulatory or the like) on account of any act/omissions on its part.
question regarding its existence, validity or termination, shall be referred to and finally
resolved by arbitration by the sole arbitrator appointed by the sole discretion of
CapGrid. The arbitration shall be conducted in accordance with the provisions of
Arbitration and Conciliation Act, 1996 read with its amendments. The language of the
arbitration shall be English. The decision of the sole arbitrator shall be final,
conclusive and binding on the parties. The venue and seat of such arbitration shall
be Gurgaon, Haryana.
CapGrid any other party (whether or not involved in creating, producing, maintaining
or delivering the Website), and any of CapGrid’s group companies and the officers,
directors, employees, shareholders or agents of any of them, exclude all liability and
responsibility for any amount or kind of loss or damage that may result to you or a
third party (including without limitation, any direct, indirect, punitive or consequential
loss or damages, or any loss of income, profits, goodwill, data, contracts, use of
money, or loss or damages arising from or connected in any way to business
interruption, and whether in tort (including without limitation negligence), contract or
otherwise) in connection with this Website in any way or in connection with the use,
inability to use or the results of use of this Website, any websites linked to this
Website or the material on such websites, including but not limited to loss or damage due to viruses
that may infect your computer equipment, software, data or other
property on account of your access to, use of, or browsing this Website or your
downloading of any material from this Website or any websites linked to this Website.
Nothing in this legal notice shall exclude or limit the CapGrid’s liability for:
- death or personal injury caused by CapGrid;
- Fraudulent misrepresentation; or
- any liability which cannot be excluded or limited under applicable law
(including without limitation consumer law).
If your use of material on this Website results in the need for servicing, repair or
correction of equipment, software or data, you assume all costs thereof.
You are permitted to print and download extracts from this Website for your own
personal use on the following basis:
no graphics on this Website are used separately from accompanying text;
CapGrid’s copyright and trademark notices and this permission notice
appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all
material on this Website (including without limitation photographs and graphical
images) are owned by CapGrid or its licensors. For the purposes of this legal notice,
any use of extracts from this Website other than in accordance with clause 13(a)
above for any purpose is prohibited. If you breach any of the terms in this legal notice,
your permission to use this Website automatically terminates and you must
immediately destroy any downloaded or printed extracts from this Website.
Subject to clause 13(a), no part of this Website may be reproduced or stored in any
other website or included in any public or private electronic retrieval system or service
without the Company’s prior written permission.
Any rights not expressly granted in these terms are reserved.
THIRD PARTY LINKS
Links to third party websites on this Website are provided solely for your convenience.
If you use these links, you leave this Website. CapGrid has not reviewed all of these
third party websites and does not control and is not responsible for these websites
or their content or availability. CapGrid therefore does not endorse or make any
representations about them, or any material found there, or any results that may be obtained from
using them. If you decide to access any of the third party websites
linked to this Website, you do so entirely at your own risk.
If you wish to create a link to this Website you must contact CapGrid in advance to
seek permission to do so. If permission is granted, you may only create a link to this
Website on the basis that you link to, but do not replicate, the home page of this
Website, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of our
logo, trademark or trade name;
you do not create a frame or any other browser or border environment
around the Website;
you do not in any way imply that CapGrid is endorsing any products or
services other than its own;
you do not misrepresent your relationship with CapGrid nor present any
other false information about CapGrid;
you do not otherwise use any logo, trade marks or trade name displayed
on the website without express written permission from CapGrid;
you do not link from a website that is not owned by you; and
your website does not contain content that is distasteful, offensive or
controversial, infringes any intellectual property rights or other rights of any
other person or otherwise does not comply with all applicable laws and
DISCLAIMER OF WARRANTIES
While CapGrid endeavours to ensure that the information on its Website is correct,
CapGrid does not warrant the accuracy and completeness of the material on the
Website. CapGrid may make changes to the material on the Website, or to the products,
services and/or prices described in it, at any time without notice. The material on the
Website may be out of date, and CapGrid makes no commitment to update such
The material on the Website is provided 'as is', without any conditions, warranties or
other terms of any kind. Accordingly, to the maximum extent permitted by law, CapGrid
provides you with the Website on the basis that CapGrid excludes all representations,
warranties, conditions and other terms (including, without limitation, the conditions implied by law
of satisfactory quality, fitness for purpose and the use of reasonable
care and skill) which but for this legal notice might have effect in relation to this
Commentary and other materials on the Website are not intended to amount to advice
on which reliance is placed.
subject matter and supersedes all prior agreements, understandings or arrangements
(both oral and written) relating to its subject matter. No collateral agreements have been
WAIVER and SEVERABILITY
shall not constitute a waiver of such right or provision. To the extent that any provision in
modified in such a manner so as to make these Terms as modified, legal and enforceable
be affected thereby.