Welcome to Shimnit India Private Limited (“We”/ “Our”/ “Us”). These terms and conditions (“Terms”) govern your use of this website located at https://www.shimnit.com/ (“Site”) and your use of the services which are currently offered or which may be offered to you in future through this Site.
BY USING OR ACCESSING THE SITE, YOU CONSENT TO ABIDE BY AND BE BOUND BY THESE TERMS SET FORTH HEREIN, THE PRIVACY POLICY, AND ANY OTHER POLICY FORMULATED BY US, AS UPDATED OR MODIFIED FROM TIME TO TIME IN ACCORDANCE WITH THE PROVISIONS HEREIN. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITE OR ANY PART THEREOF. IF YOU DO NOT WISH TO ADHERE TO OUR TERMS OR ANY OF OUR FUTURE CHANGES OR MODIFICATIONS TO OUR TERMS, YOU MAY CHOOSE TO CEASE THE ACCESS / USE OF OUR SITE OR ANY PART THEREOF.
We reserve the right to make changes to these Terms at any time. Any such modifications shall be effective immediately upon the publication of the modification(s) on the Site. You agree to periodically review the updated Terms as may be published on the Platform.
If any of the Terms are determined to be unlawful, invalid, void, or unenforceable for any reason by any judicial or quasi-judicial body in India, it will not affect the validity and enforceability of the remaining Terms. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of the Terms by you shall not be construed as a waiver of our right to reach with respect to the said breach or any prior, concurrent, subsequent or similar breached.
1. ELIGIBILITY
You represent and warrant that you are at least 18 years old to use this Site and have the legal capacity to enter into these Terms for the Services. In the event you are under the age of 18 years, you represent and warrant that, (a) you have the requisite consent from your legal guardians and are availing the services under their supervision; and (b) are competent to form a binding contract; and (c) have not previously been suspended or removed from using our services and/or the Site or any part thereof. You further represent and warrant that You:
a.
are an Indian resident;
b.
are competent to form a binding contract under the Indian Contract Act, 1872;
c.
have not previously been suspended or your use of the Site or any part thereof has not been restricted due to any breach or perceived breach by us;
d.
are not in breach of any applicable laws of India including any anti-terrorism, anti-corruption and anti-money laundering laws.
2. SERVICES
The Site offers Services to its users with respect to High Security Registration Plate (“HSRP”), where in it inter alia enables a user to place orders for new HSRP, track the status of their orders, assist with installation of the HSRP through its partner networks/ other third parties, across multiple states in India (“Services”). The Services and other offerings, including the various features and functionalities are detailed on the Site itself.
In case you wish to place an order for HSRP or avail our Services, you will have to provide certain personal information and information pertaining to your vehicle and you, in the manner specified in the Privacy Policy. If you wish to browse through the Site without placing any orders for Service, you don’t have to register or provide any personal identifiable details to us on the Site.
3. USE OF OUR WEBSITE
When you use this Site and utilize the Services, you agree to:
a)
use this Site to make valid enquiries and legally valid orders only;
b)
not to make any false or fraudulent orders. If an order of this type may reasonably be considered to have been placed, we shall be authorized to cancel it and inform the competent authorities;
c)
provide us with your email address, postal address, and/or other contact details truthfully and exactly, as further detailed in the Privacy Policy and the Site.
d)
if you do not provide us with all the required information as per the Privacy Policy, you will not be able to place your order or avail our Services.
4. PLACING ORDERS ON THE SITE
a)
We produce HSRP in adherence to applicable laws including the guidelines by the Ministry of Road Transport and Highways. Through the Site, we provide services related to HSRP to customers, allowing them to place orders for HSRP in states such as Karnataka, Andhra Pradesh, Assam, Rajasthan, Madhya Pradesh, Gujarat, Odisha, Delhi, and Uttar Pradesh. The list of States is subject to change from time to time.
b)
To place an order for HSRP, visit ‘Apply Online’, which will redirect you to a page where you will select the State where your vehicle is registered. Based on your selection, you can apply for a new HSRP or a replacement of HSRP.
c)
You will be required to provide details about the vehicle, including the name of the vehicle maker, registration number, chassis number, engine number, and district/city. You will also need to provide details about the dealership where the HSRP will be affixed, the date, time, and month for fitment, or opt for home delivery services. In addition to this, you will be required to provide additional vehicle details, including class of vehicle, model name, and type of vehicle. Based on this information, the price of the HSRP will be displayed. You will then need to provide personal information, including name, mobile number, email address, address, and Pin-code.
d)
You will verify the updated vehicle details, selected dealership name, fitment date and time, HSRP amount, front and rear HSRP size, and color. Verification is done by entering the OTP received on your phone number.
e)
After verification, you will make payment for the full amount, using a payment method of your choice as available on the Site.
5. PAYMENT METHODS
a) You can pay for your order for HSRP in various ways including, but not limited to, EMI, wallet, net-banking, etc. as available on the Site from time to time. Depending on the payment method you choose, additional costs and terms may apply.
b) You can enter your payment details at the time you place your order using the payment methods available on our Site. The applicable amount will be immediately debited from your account.
c) Upon receipt of payment, a digital receipt will be generated and displayed, which will have to be downloaded and saved by you, for future reference. This receipt will contain all the information pertaining to you and your vehicle, as provided by you.
d) Refund Policy: All orders once placed and paid by you are non-refundable and non-cancellable. You understand and agree that you shall not have the right to cancel your order of the HSRP or seek refund for any reason whatsoever.
6. DELIVERY
a) In case you choose to get HSRP delivered at home, we will endeavour to send the order as per the date, time, and day opted by you. Nonetheless, there may be delays for reasons such as the occurrence of unforeseen circumstances in the delivery zone.
b) If for any reason we are unable to comply with the delivery date, we will inform you of that situation and we will give you the option to choose a new delivery date.
7. PROHIBITED USES
You shall not use or access the Site, the Services or any part thereof:
a) for any unlawful purpose;
b) for any purpose that in any way could harm, disable, overburden, or impair the Site;
c) to solicit others to perform or participate in any unlawful acts;
d) engage in any activity that interferes with or disrupts the Site or the servers and networks connected to the Site;
e) engage in a manner so as to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances in India;
f) attempting to gain unauthorized access to any portion of the Site, other accounts, computer systems, or networks connected to the Site;
g) act in a manner so as to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
h) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
i) submit or create false or misleading information;
j) upload, distribute or publish through the Site, any content which may contain viruses or computer contaminants (as defined in the Information Technology Act, 2000 or such other laws in force in India at the relevant time) which may interrupt, destroy, limit the functionality or disrupt any software, hardware or other equipment belonging to us or that aids in providing the services offered by us;
k) to harvest or collect any information of the users of the Site, including using any robot, spider, site search or retrieval application, phishing, or other manual or automatic device or process to retrieve, index or mine data;
l) for any obscene or immoral purpose; or
m) to place fraudulent orders; or
n) to interfere with or circumvent the security, safety or other features of the Site.
8. INTELLECTUAL PROPERTY
a) All intellectual property, including but not limited to text, graphics, logos, icons, images, and software, in or of the Site belongs to or is licensed to us. We grant you a limited, non-transferable, personal, non-sublicensable, non-exclusive and revocable license to access and use the Site or any part thereof for availing the service offered through the Site, but not to download any material from it or modify it, or any portion of it for commercial use. Any unauthorized access to the Site (or any part thereof) or any networks, servers or computer systems connected to the Site and any attempt to modify, adapt, translate or reverse engineer any part of the Site or re-format or frame any portion of the pages of the Site is not permitted without our express written consent.
b) This license is non-transferable and does not permit any resale or commercial use of this Site or its contents; any downloading or copying of account information for the benefit of anyone other than your use; or any use of data mining, robots, or similar data gathering and extraction tools.
c) The Site or any part thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose or otherwise, without our express written consent. Any unauthorized use of the Site shall lead to revocation of the access / license granted by us herein.
9. THIRD PARTY MATERIAL AND SERVICES
If we provide you links / referrals / references to / of third parties and/or display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”), you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials.
10. DISCLAIMERS
WE DO NOT WARRANT OR ENDORSE AND DO NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU FOR, (i) ANY THIRD-PARTY / INDIVIDUAL, OR (ii) THIRD-PARTY MATERIAL, OR (iii) ANY OTHER MATERIALS / PRODUCTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATED COMPANIES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ANY RELATED PARTY DISCLAIM ANY LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THESE TERMS. SUBJECT TO THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, YOU WAIVE, RELEASE, DISCHARGE AND HOLD US HARMLESS, OUR AFFILIATED AND SUBSIDIARY COMPANIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING OUT OF YOUR ACCESS / USE OF THE SITE OR ANY PART THEREOF.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE INCLUDED IN OR ACCESSIBLE FROM THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE FURTHER MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS WILL BE DESIRABLE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. OUR MAXIMUM AGGREGATE LIABILITY IS LIMITED TO THE AMOUNT OF FEE PAID BY YOU AND RECEIVED BY US FOR YOUR HSRP.
11. INDEMNITY
You agree to indemnify, save, and hold us, our affiliates, contractors, employees, officers, directors, agents and its third party associates, licensors, and partners harmless from any and all claims, demands, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to your use or misuse of the Site, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein or your infringement of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material posted/ transmitted by you on the Site.
12. SUSPENSION OF ACCESS
We may choose to terminate your access to or use of the Site or any part thereof at any time without any notice. Such termination of access may be due to, (i) suspected violation of Terms; or (ii) for any other reason. On such termination of access, any information provided by you through our Site will be deleted and you must stop using/accessing the Site without authorization. We shall have no liability or responsibility to you in any manner whatsoever if we choose to do so except as prescribed under applicable law.
13. PRIVACY AND ENTIRE AGREEMENT
We will collect, store and disclose your information in accordance with the Privacy Policy available at the Site. These Terms along with the Privacy Policy form the entire understanding with respect to the arrangement between you and us and supersedes any prior written or verbal arrangement. In case of any conflict, the terms of the specific contract / agreement executed between the parties shall prevail.
14. APPLICABLE LAWS
Your use of this Site and any terms and conditions stated in this Terms is subject to the laws of India. In case of any disputes arising out of the use of the Site or any part thereof, courts of Mumbai, India will have exclusive jurisdiction.
15. MODIFICATIONS AND ALTERATIONS
We may alter or modify the Terms at any time without giving prior notice to you. We may choose to notify you of some changes in the Terms either by email or by displaying a message on the Site; however, our notification of any change shall not waive your obligation to keep yourself updated about the changes in the Terms. Your continued use of the Site constitutes your unconditional acceptance of the modified or amended Terms.
16. EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume when caused by events that are beyond our reasonable control (“Force Majeure”).
Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
a) Strike, lockout or other forms of protest;
b) Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war;
c) Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster;
d) Inability to use trains, ships, aircraft, motorised transport or other means of transport, public or private;
e) Inability to use public or private telecommunication systems;
f) Acts, decrees, legislation, regulations or restrictions of any government or public authority;
d) Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations despite the situation of Force Majeure.
In the event your order for the HSRP is cancelled by us due to any reason including but not limited to Force Majeure, we shall refund the monies received by us from you against the said Service into your source account (i.e., the source from which the payments were received). Our decision to cancel your request for HSRP shall be final and binding, and our liability in such cases shall be limited to refunding the amount so received by us from you.
17. COMPLAINTS AND GRIEVANCES
If you have a complaint or concern, you should in the first instance contact the customer support team at info@shimnit.com or customerfeedback@shimnit.com. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint.
You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party.