Privacy Policy - Terms and Condition

TERMS & CONDITIONS

AGREEMENT

Effective Date: January 1, 2022

Website/Mobile Application Covered: www.DRCindia.in/com

THE AGREEMENT: Your use of this Website/Mobile Application and the services offered by Diamtech Research Centre Private Limited (hereinafter referred to as “DRC“) are governed by the following Terms and conditions (referred to as the “Terms of Service” or “Terms of Privacy Policy”). All components and sub-parts of these terms are explicitly integrated by reference, along with the Privacy Policy. These Terms of Service apply to all users of the Website/Mobile Application, including vendors, buyers, brokers, customers, merchants, browsers, and content contributors. By accessing this Website/Mobile Application or making a purchase from us, you engage with our “Service” and accept these Terms of Service, including any additional terms and policies available through hyperlinks. You acknowledge and agree that DRC may collect, use, and store your personal information by our Service and the policies it outlines.

DEFINITIONS

In these Terms of Service, the following terms have the following meanings:

  • DRC, Us, We:
    DRC, as the creator, operator, and publisher of the Website/Mobile Application, provides the Website/Mobile Application and specific Services available on it. References to “The Director,” “DRC,” “Us,” “We,” “Our,” “Ours,” and other first-person pronouns all refer to DRC, including its employees and affiliates.
  • You, the User, the Customer, the Client:
    Throughout these Terms of Service, we refer to you as the user of the Website/Mobile Application using second-person pronouns like “You,” “Your,” “Yours,” or as “User,” “Customer,” or “Client.” For these Terms of Service, “User” or “you” includes any natural or legal person accessing the Website/Mobile Application. The term “Your” is construed accordingly.
  • Parties:
    Collectively, the parties in these Terms of Service (DRC and You) are referred to as Parties.

ASSENT & ACCEPTANCE

By using the Website/Mobile Application, you confirm that you have read and reviewed these Terms of Service and agree to be bound by them. If you do not agree with these Terms of Service, please exit the Website/Mobile Application immediately. DRC will provide access to this Website/Mobile Application and its Services only to users who accept these Terms of Service. Furthermore, depending on the Services you use, additional terms and conditions may apply, creating a specific agreement between you and DRC.

LICENSE TO USE WEBSITE/MOBILE APPLICATION

DRC may provide you with certain information as a result of your use of the Website/Mobile Application. This information may include but is not limited to, documentation, data, information on our technology and products, and other materials designed to assist your use of the Website/Mobile Application or Services (“DRC Materials”). Subject to these Terms of Service, DRC grants you a non-exclusive, limited, non-transferable, and revocable license to use the DRC Materials solely in connection with your use of the Website/Mobile Application and Services. The license for DRC Materials is exclusive to this purpose and terminates when you cease using the Website/Mobile Application or Services, or at the termination of these Terms of Service.

Any unauthorized use by you will result in the termination of the license granted to you by the Website/Mobile Application. You agree not to bypass any measures used by DRC to prevent or restrict access to the Website/Mobile Application.

INTELLECTUAL PROPERTY

You acknowledge that the Website/Mobile Application and all Services provided by DRC are the property of DRC, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“DRC IP”). DRC retains all rights, titles, and interests in and to the DRC IP. You agree not to use the DRC IP for any unlawful or infringing purpose. You also agree not to reproduce or distribute the DRC IP in any manner, including electronically or by registering new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from DRC.

To make the Website/Mobile Application and Services available to you, you grant DRC a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit, and create derivative works from any content you publish, upload, or make available to the Website/Mobile Application (“Your Content”). DRC does not claim any further proprietary rights in Your Content.

If you believe your intellectual property rights have been infringed or violated by the content posted by another user, please contact us and let us know.

USER OBLIGATIONS

As a user of the Website/Mobile Application or Services, you may be asked to provide your data for product inquiries or service requests. When you do so, you will select a user identifier, which may be your email address or another term. You may also provide personal information, including, but not limited to. You are responsible for the accuracy of this information. This identifying information allows you to use the Website/Mobile Application and Services. Do not share this information with any third party, and if you discover a compromise of this information, notify us immediately in writing. Email notification is sufficient. You must safeguard your identifying information and keep us informed of any changes to it. The billing information you provide, including payment details and address, is subject to the same confidentiality and accuracy requirements as the rest of your identifying information.

The purposes for which DRC may use the information, including but not limited to:

  • Processing Applications or Orders and Invoices for the business transaction.
  • Providing services to facilitate trade and providing business professionals with contact and business information.
  • Facilitating our operations, e.g., by incorporating the information and data into our database and conducting analysis/research related to our business.
  • Verifying your identity at events organized by DRC when necessary.

We may conduct direct marketing through various means of communication, and you may opt out of receiving promotional materials by notifying us. Providing false or inaccurate information or using the Website/Mobile Application for fraudulent or unlawful activity may result in the immediate termination of these Terms of Service. DRC reserves the right to refuse service, terminate accounts, or remove/edit content at its discretion.

“DATA COLLECTION, USAGE, AND NOTIFICATIONS”

DRC may collect certain data from machines connected to our services for operational, analytical, and notification purposes. This data collection is limited to statistical information and does not include any personally identifiable information or sensitive data.

The data collected may include, but is not limited to, machine serial numbers, activation dates and times, warranty status, and usage statistics for critical components. This data is used to ensure the proper operation of our machines, monitor performance, calculate the usage life of critical parts for maintenance and improvement purposes, and send notifications to users regarding warranty status, upcoming expirations, events, promotions, or other relevant information.

By using our machines and services, you consent to the collection, usage, and receipt of notifications from DRC for the purposes outlined above. We are committed to protecting your privacy and will not use this data for any other purposes without your explicit consent.

If you have any concerns about the collection, usage, or receipt of notifications, please contact us at
contact@drcindia.in for further information.

“Customer Endorsement” or “Customer Testimonials”

By using our products or services, you grant us the right to use your company name and logo for marketing and promotional purposes. This endorsement includes featuring your company’s name and logo on our website, in print media, and other marketing materials. We will use your company name and logo solely to represent you as a valued customer and user of our technology and products. This use does not imply any claim to or ownership of any trademarks or other rights you may hold for your company name and logo. If you prefer not to be featured in our marketing materials or have concerns about the use of your company name and logo, please contact us at contact@DRCindia.in with your request, and we will promptly address your preferences.

COMPLIANCE WITH EUROPEAN UNION GENERAL DATA PROTECTION REGULATION (GDPR)

This section applies to users in the European Union (EU) and informs them about the rights granted to them under the General Data Protection Regulation (GDPR), which came into force on May 25, 2018. It also states that the Website/Mobile Application and Services are compliant with GDPR standards. Users are requested to agree to this compliance during and after their business transactions, inquiries, and communications.

DATA LOSS

This clause states that DRC does not accept responsibility for the security of users’ accounts or content. Users are informed that their use of the Website/Mobile Application and Services is at their own risk.

INDEMNIFICATION

Users agree to defend and indemnify DRC and its affiliates, holding them harmless against any legal claims and demands, including reasonable attorney’s fees, arising from their use or misuse of the Website/Mobile Application or Services, breaches of these Terms of Service, or their conduct or actions. The clause also mentions that DRC has the right to select its legal counsel and may participate in its defense if it wishes.

SPAM POLICY

Users are strictly prohibited from using the Website/Mobile Application or DRC’s Services for illegal spam activities, including email address harvesting or sending mass commercial emails.

MODIFICATION & VARIATION

This clause specifies that DRC may modify these Terms of Service without notice. Users agree that these modifications are effective immediately upon posting on the Website/Mobile Application and that they replace any prior versions. It also clarifies that if any part of these terms is deemed ineffective or invalid, prior effective versions will be enforceable and valid. Users are encouraged to monitor the terms regularly, and their continued use of the Website/Mobile Application constitutes acceptance of any modifications.

ENTIRE AGREEMENT

This clause emphasizes that this Agreement represents the entire understanding between the parties regarding the use of the Website/Mobile Application, superseding all prior agreements, whether written or oral.

SERVICE INTERRUPTIONS

It’s stated that DRC may need to interrupt access to the Website/Mobile Application for maintenance or emergency services. Users are informed that access may be affected by unanticipated downtime and that DRC is not liable for any damage or loss as a result of such downtime.

LIMITATION ON LIABILITY

This section clarifies that DRC is not liable for any damages resulting from the use of the Website/Mobile Application, Services or product to the fullest extent permitted by law.

GENERAL PROVISIONS:

LANGUAGE:
All communications and notices under these Terms of Service shall be in the English language.

JURISDICTION, VENUE & GOVERNING LAW:
Your use of the Website/Mobile Application or Services signifies your agreement that the laws of India shall govern any matter or dispute related to these Terms of Service. In case of litigation, the Parties agree to the exclusive jurisdiction of the courts at Surat, India. This choice of law, venue, and jurisdiction provision is mandatory.

ASSIGNMENT:
This Agreement and the rights granted herein may not be assigned, sold, leased, or transferred by you. If DRC chooses to assign, sell, lease, or transfer these Terms of Service, the rights and liabilities of DRC will bind any assignees, administrators, successors, and executors.

SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable, the remaining parts and sub-parts will be enforced to the maximum extent possible.

NO WAIVER: Failure to enforce any provision of these Terms of Service does not constitute a waiver of the right to enforce it in the future.

HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only, and do not affect the meaning of any provisions.

NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service, and no Party has the authority to bind the other to third parties.

FORCE MAJEURE: DRC is not liable for any failure to perform due to causes beyond its reasonable control, including acts of God, civil authorities, military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts due to unforeseen circumstances.

ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax. For any questions, concerns, or disputes, you agree to contact DRC at contact@DRCindia.in/com.

SHIPPING POLICY:

  1. Shipping Methods: For international shipments, we partner with trusted shipping companies like FedEx, DHL, and others to ensure the safe and timely delivery of your orders.
  2. Destination Responsibility: Our products and goods will be shipped exclusively to the destination provided and approved by you. It’s your responsibility to verify and update the shipping and billing information.
  3. Shipping Charges: Shipping charges may vary over time and are subject to the rules and regulations of the respective shipping company. The applicable shipping charges will be provided on the quotation or final invoice, reflecting the current rates.
  4. Shipping Time: The estimated shipping time to reach any destination worldwide is typically one week. Please note that the exact delivery time depends on the shipping company and customs clearance processing time in your country.
  5. Document Requirements: You must provide any required documents as requested by the shipping company to facilitate the shipment in your country. In the rare event that a shipment is returned due to document issues, you will be responsible for all associated expenses, including shipping charges and customs fees.
  6. Customs Duties and Taxes: Please be aware that any other applicable duties, taxes, and related fees imposed by your country’s customs or government authorities are your liability. It’s essential to check and understand these potential additional costs as they may vary by country and change over time.
  7. Insurance: Rest assured, all shipments are insured during the shipping process. If, by any chance, damage occurs during the shipment, please inform us with video or photo proof to expedite the insurance claim.
  8. Tracking Information: Once the shipment leaves our premises, we will promptly provide tracking details via email or phone using the contact information you’ve shared with us.

DELIVERY POLICY:

  1. Standard Delivery Time: Our standard delivery time is set at two weeks after we receive full payment for your order.
  2. Exceptional Circumstances: In the rare event that factors such as high order volumes or unforeseen circumstances lead to an extended delivery time, we are committed to keeping you informed throughout the process to ensure transparency.

RETURN/CANCELLATION POLICY:

  1. Product Quality Commitment: Our commitment to you is simple: to provide products of the highest quality. We conduct thorough quality checks before shipping to minimize the need for service or return.
  2. Order Cancellation: Should the need arise to cancel an order, you can do so before the product is dispatched. Your refund will be processed via the same channel by which we received your payment within 15 working days, after deducting fixed charges such as bank fees or other related service charges that cannot be refunded.
  3. Post-Dispatch Cancellation/Returns: Once a product has been dispatched, it cannot be cancelled or returned. But we value our customers, and on valid grounds, if management agrees to a return, the following conditions apply:

3.1. Packaging and Accessories: Please pack the machine in its original packing material, just as you received it, and ensure that all accessories included with the machine are returned and it must be unused. This is essential because all return shipments are inspected by customs officers in international shipments. Missing accessories or items that do not match the invoice may result in penalties or the product being held in customs. We recommend documenting the packaging process with photos or videos to help with verification.

3.2. Quality Check: Once the returned product reaches our premises, we will conduct a quality check. If any parts are found damaged or missing during this check, we will inform you. In case you are unable to provide the missing parts for the return, we will discuss the best solution, which may include deducting the corresponding amount from the return.

3.3 Return Payment: Once the quality check is completed and the machine and accessories are found to be in their original condition, we will proceed with the return payment process. This includes the following deductions:

  • Delivery charges.
  • Government duties and related fees.
  • Bank charges incurred during the transaction.
  • Restocking charges up to 35% of the invoice value.

POLICY ON PAYMENT:

  • DRC accepts payment only by bank wire. Bank charges and transaction costs must be borne by the payee.
  • All applicable taxes and duties are to be paid by the customer.
  • In case of wire transfer payment, your payment must reach us within 7 working days after the order is confirmed by us. We may cancel your order in case of payment delay.

ADDITIONAL CLAUSE REGARDING THIRD-PARTY PAYMENT ACCEPTANCE:

For transactions processed through third-party payment channels, including credit and debit card payments
facilitated by S. David & Associates within the USA and Canada, the following terms apply:

1. Role of S. David & Associates: S. David & Associates operates as an authorized agent solely for the purpose of facilitating payment transactions on behalf of Diamtech Research Centre Private Limited (DRC). As such, S. David & Associates assumes no ownership or responsibility for the underlying goods or services sold by DRC.

2. Compliance with Payment Card Industry Standards: All credit and debit card transactions facilitated by S. David & Associates adhere to the Payment Card Industry Data Security Standard (PCI DSS) to ensure the secure handling of cardholder data and compliance with payment network regulations.

3. Regulatory Compliance: DRC and S. David & Associates shall conduct all transactions in accordance with applicable federal, state, and local laws and regulations governing financial transactions, consumer protection, and data privacy. This includes but is not limited to compliance with the Electronic Fund Transfer Act (EFTA), the Truth in Lending Act (TILA), and any other relevant statutes or regulations.

4. Limitation of Liability: S. David & Associates shall not be held liable for any claims, disputes, chargebacks, or losses arising from transactions conducted through their channel. Customers acknowledge that all terms and conditions, warranties, and liabilities are governed solely by DRC.

5. Customer Recourse: In the event of any disputes, concerns, or inquiries regarding payments or services, customers are directed to engage directly with DRC through the provided customer service channels. Any requests for refunds, cancellations, or returns must be directed to DRC, and S. David & Associates is not authorized to process such requests independently.

6. Indemnification: Customers agree to indemnify and hold harmless S. David & Associates from any claims, losses, liabilities, damages, or expenses arising out of or related to their use of third-party payment channels facilitated by S. David & Associates.

 

7. Legal Jurisdiction: This clause shall be governed by and construed in accordance with the laws of the jurisdiction in which DRC operates. Any disputes arising under or in connection with this clause shall be
subject to the exclusive jurisdiction of the courts in that jurisdiction.

This revised clause provides a comprehensive framework that emphasizes legal compliance, limits liability, and clarifies customer recourse procedures in alignment with relevant laws and regulations in the USA.

POLICY ON PRICING:

  • All prices are in USD, excluding local taxes, duties, and shipping charges if applicable. For local transactions, the exchange rate will be calculated on the date of the final invoice or quotation and provided by the company.
  • In rare cases, there could be human error, system, or typographical errors in the data uploaded, including the prices. DRC reserves the right to rectify any such errors. The prices are subject to change without prior notice.
  • In case of any questions, please feel free to contact our customer service manager at support@DRCIndia.in.

CONTACT US:

If you have any questions, or concerns, or require further information, please don’t hesitate to get in touch with us. You can contact Diamtech Research Centre Private Limited using the following details:

Company Name: Diamtech Research Centre Private Limited

Address: Plot No. 3, B/S. Kiran Hospital, Vastadevdi Road, Katargam, Surat 395004, Gujarat, India

Phone: +91 261 2309900

Email: contact@drcindia.in

We are here to assist you and provide the necessary support. Your inquiries and feedback are highly valued.

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