TERMS OF SALE

MindSutra.com uses secure credit card verification that is totally safe and prevents credit card fraud. You make your purchase direct from the Credit Card Gateway through a secure link that's encrypted for additional safety. You can also use online funds tranfer to pay through your bank account.

USER AGREEMENT :-

In using the MindSutra.com shopping service, you (The User) are deemed to have accepted the terms and conditions listed below. MindSutra.com reserves the right to add, delete, alter or modify these terms and conditions at any time. The User is therefore advised to read carefully these terms and conditions each time he or she uses the shopping service(s) of MindSutra.com.

All products/services and information displayed on MindSutra.com Shopping constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. MindSutra.com reserves the right to accept or reject your offer. The agreement between you and the MindSutra.com shall be subject to the following terms and conditions:-

1. The User certifies that he/she is at least 18 (eighteen) years of age or has the consent of a parent or legal guardian to make a transaction on this website.

2. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of MindSutra.com User agrees to be bound by these Terms and Conditions.

3. All prices, unless indicated otherwise are in In

4. All prices and availability of products are subject to change without prior notice.

5. In a credit card transaction, you must pay using your own credit card. MindSutra.com shall not be liable for any credit card fraud.

6. 6. Links provided on MindSutra.com to sites outside MindSutra.com are not under our control and MindSutra.com does not assume any responsibility or liability for the content available at such linked Websites. Unless indicated otherwise, MindSutra.com does not intend any links to be referrals or endorsements of the linked entities and the links are provided for convenience only.

7. All of the software sold by MINDSUTRA.COM are for single use, on a single machine only. The user agrees to install and use the software only on one machine.

8. The amount charged by MINDSUTRA.COM for software requiring a registration key/initialization key is on per registration key basis. MINDSUTRA.COM will give the registration key for these software only once and in no circumstances will a second registration key be given

9. MindSutra.com reserves the right to add, delete or modify content, information and other services of MindSutra.com Shopping in any way whatsoever and at any time. MindSutra.com reserves the right in its sole discretion to terminate this Service. Presently, the service(s) of MindSutra.com Shopping are being offered free. However, MindSutra.com reserves the right to charge a fee for the facilities provided by MindSutra.com Shopping.

10. The User shall use the services provided by MindSutra.com Shopping, its affiliates, consultants and contracted companies, for lawful purposes only.

11. The User agrees to provide authentic and true information. MindSutra.com reserves the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), MindSutra.com has the right in its sole discretion to reject the registration and debar the User from using the Services of MindSutra.com Shopping, MindSutra.com. and other affiliated websites.

12. MindSutra.com will not be responsible for any damage suffered by subscribers from use of the services on this site. This includes lost revenue or loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by its own negligence or subscriber's errors or omissions, or due to inadvertent release or disclosure of information sent by subscriber. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behaviour, negligence, or under any other cause of action.

13. Unless otherwise stated, copyright and all intellectual property rights in all material presented on MindSutra.com Shopping (including but not limited to text, photographs, audio, video or graphical images), trademarks and logos appearing on MindSutra.com Shopping are the property of MindSutra.com, its parent, affiliates and associates and are protected under applicable Indian laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.

14. This agreement shall be construed in accordance with the laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.

A. General Terms and Conditions For Online-Payments :-

1. Once a User has accepted these Terms and Conditions, he/ she may register and avail the Services. A User may either register on MindSutra Software Technologies website or alternatively enter ”please change this clause as per the type of payment associated with this client” in any other manner as may be specified by MindSutra Software Technologies from time to time.

2. . MindSutra Software Technologies's rights, obligations, undertakings shall be subject to the laws in force in India, as well as any directives/ procedures of Government of India, and nothing contained in these Terms and Conditions shall be in derogation of MindSutra Software Technologies's right to comply with any law enforcement agencies request or requirements relating to any User’s use of the website or information provided to or gathered by MindSutra Software Technologies with respect to such use. Each User accepts and agrees that the provision of details of his/ her use of the Website to regulators or police or to any other third party in order to resolve disputes or complaints which relate to the Website shall be at the absolute discretion of MindSutra Software Technologies.

3. If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.

4. These Terms and Conditions constitute the entire agreement between the User and MindSutra Software Technologies. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and MindSutra Software Technologies. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

5. The entries in the books of MindSutra Software Technologies and/or the Payment Service Providers kept in the ordinary course of business of MindSutra Software Technologies and/or the Payment Service Providers with regard to transactions covered under these Terms and Conditions and matters therein appearing shall be binding on the User and shall be conclusive proof of the genuineness and accuracy of the transaction.

6. Refund And Cancellation : (The text for refund and cancellation needs to be added basis the clients company policies with regards to cancellations)

7. Refund For Charge Back Transaction: In the event there is any claim for/ of charge back by the User for any reason whatsoever, such User shall immediately approach MindSutra Software Technologies with his/ her claim details and claim refund from MindSutra Software Technologies alone. Such refund (if any) shall be effected only by MindSutra Software Technologies via payment gateway or by means of a demand draft or such other means as MindSutra Software Technologies deems appropriate. No claims for refund/ charge back shall be made by any User to the Payment Service Provider(s) and in the event such claim is made it shall not be entertained.

8. In these Terms and Conditions, the term “Charge Back” shall mean, approved and settled credit card or net banking purchase transaction(s) which are at any time refused, debited or charged back to merchant account (and shall also include similar debits to Payment Service Provider's accounts, if any) by the acquiring bank or credit card company for any reason whatsoever, together with the bank fees, penalties and other charges incidental thereto.

9. Refund for fraudulent/duplicate transaction(s): The User shall directly contact MindSutra Software Technologies for any fraudulent transaction(s) on account of misuse of Card/ Bank details by a fraudulent individual/party and such issues shall be suitably addressed by MindSutra Software Technologies alone in line with their policies and rules.

10. Server Slow Down/Session Timeout: In case the Website or Payment Service Provider’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment,, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options:

1. In case the Bank Account appears to be debited, ensure that he/ she does not make the payment twice and immediately thereafter contact MindSutra Software Technologies via e-mail or any other mode of contact as provided by MindSutra Software Technologies to confirm payment.

2. In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment. However, the User agrees that under no circumstances the Payment Gateway Service Provider shall be held responsible for such fraudulent/duplicate transactions and hence no claims should be raised to Payment Gateway Service Provider No communication received by the Payment Service Provider(s) in this regards shall be entertained by the Payment Service Provider(s).

B. Limitation of Liability :-

1. MindSutra Software Technologies has made this Service available to the User as a matter of convenience. MindSutra Software Technologies expressly disclaims any claim or liability arising out of the provision of this Service. The User agrees and acknowledges that he/ she shall be solely responsible for his/ her conduct and that MindSutra Software Technologies reserves the right to terminate the rights to use of the Service immediately without giving any prior notice thereof.

2. MindSutra Software Technologies and/or the Payment Service Providers shall not be liable for any inaccuracy, error or delay in, or omission of:

1. any data, information or message, or

2. the transmission or delivery of any such data, information or message;

3. any loss or damage arising from or occasioned by any such inaccuracy, error, delay or omission, non-performance or interruption in any such data, information or message. Under no circumstances shall the MindSutra Software Technologies and/or the Payment Service Providers, its employees, directors, and its third party agents involved in processing, delivering or managing the Services, be liable for any direct, indirect, incidental, special or consequential damages, or any damages whatsoever, including punitive or exemplary arising out of or in any way connected with the provision of or any inadequacy or deficiency in the provision of the Services or resulting from unauthorized access or alteration of transmissions of data or arising from suspension or termination of the Services.

3. MindSutra Software Technologies and the Payment Service Provider(s) assume no liability whatsoever for any monetary or other damage suffered by the User on account of:

1. the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Payment Gateway or Services in connection thereto; and/ or

2. any interruption or errors in the operation of the Payment Gateway.

4. The User shall indemnify and hold harmless the Payment Service Provider(s) and MindSutra Software Technologies and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services

5. The User shall indemnify and hold harmless the Payment Service Provider(s) and MindSutra Software Technologies and their respective officers, directors, agents, and employees, from any claim or demand, or actions arising out of or in connection with the utilization of the Services

C. Miscellaneous Conditions :-

1. Any waiver of any rights available to MindSutra Software Technologies under these Terms and Conditions shall not mean that those rights are automatically waived.

2. The User agrees, understands and confirms that his/ her personal data including without limitation details relating to debit card/ credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and/ or fraud and that MindSutra Software Technologies or the Payment Service Provider(s) have no control over such matters.

3. Although all reasonable care has been taken towards guarding against unauthorized use of any information transmitted by the User, MindSutra Software Technologies does not represent or guarantee that the use of the Services provided by/ through it will not result in theft and/or unauthorized use of data over the Internet.

4. MindSutra Software Technologies, the Payment Service Provider(s) and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website.

5. The User may be required to create his/ her own User ID and Password in order to register and/ or use the Services provided by MindSutra Software Technologies on the Website. By accepting these Terms and Conditions the User aggress that his/ her User ID and Password are very important pieces of information and it shall be the User’s own responsibility to keep them secure and confidential. In furtherance hereof, the User agrees to;

1. Choose a new password, whenever required for security reasons.

2. Keep his/ her User ID & Password strictly confidential.

3. . Be responsible for any transactions made by User under such User ID and Password.

6. The User is hereby informed that MindSutra Software Technologies will never ask the User for the User’s password in an unsolicited phone call or in an unsolicited email. The User is hereby required to sign out of his/ her MindSutra Software Technologies account on the Website and close the web browser window when the transaction(s) have been completed. This is to ensure that others cannot access the User’s personal information and correspondence when the User happens to share a computer with someone else or is using a computer in a public place like a library or Internet café.

D. Debit/Credit Card, Bank Account Details :-

1. The User agrees that the debit/credit card details provided by him/ her for use of the aforesaid Service(s) must be correct and accurate and that the User shall not use a debit/ credit card, that is not lawfully owned by him/ her or the use of which is not authorized by the lawful owner thereof. The User further agrees and undertakes to provide correct and valid debit/credit card details.

2. The User may pay his/ her to MindSutra Software Technologies by using a debit/credit card or through online banking account. The User warrants, agrees and confirms that when he/ she initiates a payment transaction and/or issues an online payment instruction and provides his/ her card / bank details:

1. The User is fully and lawfully entitled to use such credit / debit card, bank account for such transactions;

2. The User is responsible to ensure that the card/ bank account details provided by him/ her are accurate;

3. The User is authorizing debit of the nominated card/ bank account for the payment of dues/ settlement of bills selected by such User along with the applicable Fees.

4. The User is responsible to ensure sufficient credit is available on the nominated card/ bank account at the time of making the payment to permit the payment of the dues payable or the bill(s) selected by the User inclusive of the applicable Fee

E. Personal Information :-

1. The User agrees that, to the extent required or permitted by law, MindSutra Software Technologies and/ or the Payment Service Provider(s) may also collect, use and disclose personal information in connection with security related or law enforcement investigations or in the course of cooperating with authorities or complying with legal requirements.

2. The User agrees that any communication sent by the User vide e-mail, shall imply release of information therein/ therewith to MindSutra Software Technologies. The User agrees to be contacted via e-mail on such mails initiated by him/ her.

3. In addition to the information already in the possession of MindSutra Software Technologies and/ or the Payment Service Provider(s), MindSutra Software Technologies may have collected similar information from the User in the past. By entering the Website the User consents to the terms of MindSutra Software Technologies’s information privacy policy and to MindSutra Software Technologies’s continued use of previously collected information. By submitting the User’s personal information to MindSutra Software Technologies, the User will be treated as having given his/her permission for the processing of the User’s personal data as set out herein.

4. . The User acknowledges and agrees that his/ her information will be managed in accordance with the laws for the time in force.

F. Payment Gateway Disclaimer :-

1. The Service is provided in order to facilitate access to view and pay for software online. MindSutra Software Technologies or the Payment Service Provider(s) do not make any representation of any kind, express or implied, as to the operation of the Payment Gateway other than what is specified in the Website for this purpose. By accepting/ agreeing to these Terms and Conditions, the User expressly agrees that his/ her use of the aforesaid online payment Service is entirely at own risk and responsibility of the User.