These terms and conditions (“Terms and Conditions” or "Agreement") governs the use of the services (including the purchase of any of the Devices) that are made available by ID Tech Solutions Private Limited (“IDTSPL”, “rfidsealsindia.com", "we" or "us") which owns this website www.rfidsealsindia.com. These Terms and Conditions represent the whole agreement and understanding between rfidsealsindia.com and the individual or entity who subscribes to our service ("Subscriber" or "you"), either as a guest or a registered user.
“Devices” as mentioned above and for the purposes of this Agreement, would mean all products that are made available for sale by IDTSPL on its website rfidsealsindia.com including, but not limited to, RFID tamper proof one-time-bolt seals, Handheld Readers etc.
[PLEASE READ THIS AGREEMENT CAREFULLY. By clicking on the "I Agree" button, it is understood that you have read this entire Agreement carefully and while understanding the same in its entirety, you agree to be legally bound and comply with all of the terms and conditions set out in this Agreement.]
rfidsealsindia.com may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Subscribers upon posting of the modified Agreement to this web address (URL): rfidsealsindia.com/terms of use. You are responsible to read this document from time to time to ensure that your use of the service remains in compliance with this Agreement and you are updated with these terms and conditions. The usage of the services provided on rfidsealsindia.com post any amendment(s) to the terms and conditions would constitute the acceptance to the said amendment(s) by the Subscriber. No modification hereunder shall be binding upon IDTSPL unless such modification is in writing and duly signed by an authorized representative of IDTSPL.
IDTSPL is in inter-alia, the business of selling Devices through its website rfidsealsindia.com. In conformity with the mandate laid down by the Central Board of Excise and Customs (“CBEC”) vide Circular Number 26/2017- Customs dated 01.07.2017, Circular Number 36/2017- Customs dated 28.08.2017 and Circular Number 37/2017- Customs dated 20.9.2017 (hereinafter referred to as “CBEC Circulars”) IDTSPL is offering customized RFID tamper proof one-time-bolt seals and other Devices.
In order to use the services of rfidsealsindia.com, the Subscriber is required to register and create an account on rfidsealsindia.com. At the time of registration, the Subscriber is required to provide information that may be required by Central Board of Excise & Customs or any other statutory/governmental authority including IEC number and other identifying details in conformity with Para 2(e) of Circular 36/2017 dated 28.8.2017 of CBEC.
4.1 The Subscriber hereby undertakes and agrees that the Subscriber shall ensure that all the data and/or information and/or documents provided by the Subscriber to IDTSPL or CBEC is true, complete, accurate and updated. It is understood by the Subscriber that such misrepresentation may have ramifications as per law, both civil and/or criminal in nature.
4.2 The Subscriber hereby agrees and undertakes that all the data, information and the documents uploaded by the Subscriber from time to time (known collectively as “Subscriber Data”) are true, correct and accurate. The Subscriber further undertakes to maintain and promptly update the Subscriber Data and documents uploaded to keep the Subscriber Data true, accurate, current and complete at all times on Rfidsealsindia.com.
4.3 The Subscriber agrees and undertakes that the Subscriber is not impersonating and shall not impersonate any person or entity, or falsely state or otherwise misrepresent the Subscriber’s affiliation with any person or entity. It is understood by the Subscriber that such impersonation may have ramifications as per law, both civil and/or criminal in nature.
4.4 The Subscriber agrees that incase of any violation of Clauses 4.1 to 4.3 above, IDTSPL shall have the right to suspend or terminate the account of the Subscriber and IDTSPL may refuse any and all current or future access to and use of rfidsealsindia.com with immediate effect. Once the registration is cancelled or suspended, any data/content the Subscriber may have stored/submitted to the Rfidsealsindia.com may not be retrieved by the Subscriber later.
4.5 The Subscriber agrees that IDTSPL shall also be bound by any directions issued by the Government/ competent authority to suspend or terminate the Subscriber’s account and thereby IDTSPL may refuse current or future access to and use of rfidsealsindia.com by the Subscriber. The Subscriber also agrees and understands that the Subscriber Data (in whole or in part) will be provided by IDTSPL to CBEC or any other Government Body/ competent authority as required as per the prevailing Law.
4.6 The Subscriber agrees and undertakes to upload all the Subscriber Data and keep the same updated accurately and carefully. The Subscriber also agrees and undertakes to keep his username and password confidential and not disclose the same.
4.7 The Subscriber agrees that any loss/ damage caused of any nature whatsoever to any third party due to non-adherence of Clauses 4.1 to 4.6 above will be borne solely by the Subscriber. The Subscriber, at no stage, can ascribe the liability any such loss to IDTSPL in any manner whatsoever whether in the past, present or future. The Subscriber further agrees to keep IDTSPL indemnified for any such claim raised against IDTSPL by any third party including CBEC and any other private/ government body. IDTSPL reserve their rights to take appropriate legal action against the Subscriber for any such breach and consequential claim of loss(es).
5.1 The Subscriber agrees that the Devices purchased by the Subscriber through rfidsealsindia.com cannot be transferred to another person/entity. The Subscriber agrees that the Devices shall be used only by the Subscriber and for the explicit purpose as stated in the CBEC Circulars or any further clarifications/ addendums/ amendments thereto.
5.2 The Subscriber agrees and undertakes to report any theft or misplacement or any such event of unused seals in its custody to the Risk Management Division, Central Board of Excise & Customs at Mumbai and info@idsolutionsindia.com as soon as it comes to the Subscribers notice.
5.3 The Subscriber understands that the technical specifications of seals prescribed by CBEC may change at any point in time, without prior notice. The Subscriber agrees and understands that the Devices once sold shall not be returnable nor any refunds shall be due to the Subscriber, in case any changes arise in law affecting the use of the RFID tamper proof one-time- bolt seals or the Subscriber’s entitlement to use the same.
5.4 Any and all claims for non-acceptance of any consignment shall be made in writing to IDTSPL within seven (7) days from date of receipt of the Device(s). The Subscriber shall be deemed to have accepted the Device(s) as being in working condition, satisfactory and in accordance with the order unless notification of non-compliance or defects is received by the IDTSPL within 7 (seven) days of receipt of Device(s) by the Subscriber.
5.5 IDTSPL warrants that the Device(s) will be free from any kind of physical and/or internal damage and defect at the time of delivery. IDTSPL shall not be responsible for Devices subjected to misuse, neglect or accident, altered or tampered with, or subjected to corrective work without IDTSPL’s written consent. IDTSPL shall be indemnified against all claims arising by reason of any loss injury or damage sustained by a third party. In the event that a damaged/ defective Device is received by the Subscriber, the Subscriber shall communicate in writing to IDTSPL of the same within 3 days from date of receipt of the Device(s) and thereafter will provide all relevant details as required to be furnished by IDTSPL. After being satisfied of the assertion of the Subscriber, IDTSPL may agree to replace such Device(s) as it deems legitimate as per IDTSPL’s discretion. In case of replacement of Device, the Subscriber shall incur the payment of the transportation of the faulty Device as well as the replacement Device.
5.6 IDTSPL shall not be responsible for Devices subjected to misuse, neglect or accident (intentional, third-party or by an act of God), altered or tampered with, or subjected to corrective work without IDTSPL’s written consent. The IDTSPL shall be indemnified against all claims arising by reason of any loss injury or damage sustained by a third party. In case of replacement of a Device, IDTSPL shall not bear the transportation cost for the Devices agreed for replacement.
5.7 Illustrations Drawings, Specifications, etc. (including any contained on rfidsealsindia.com and/or in the IDTSPL’s leaflets) are intended to present a general idea of the Devices and are not binding and are subject to variations in design and specifications without prior intimation.
5.8 IDTSPL’s liability, for breach of contract and the Subscriber’s remedy is only limited to the replacement of the Devices subject to Clause 5.5 and 5.6 above. If however as per the decision of IDTSPL, replacement will not remedy a claimed Device deficiency, the Subscriber’s remedy is limited only to repayment of any amounts paid on the purchase price or cancellation of the order upon return of the Device(s) to IDTSPL. Once the Device(s) are dispatched from the Subscriber’s place of business to the port or Inland Container Depot (ICD) for verification to be done by the CBEC, IDTSPL shall not in any event be liable for any defect or damage detected by the customs officer in the Device(s) or any special, consequential or indirect loss or damage (including but without limitation any loss of or in respect of profits or wages or overheads) suffered by the Subscriber due to the defect or damage detected in the Device(s). IDTSPL’s rights and remedies shall not be prejudiced by any indulgence or forbearance to the Subscriber.
In addition to the provisions of Clause 5 above, the Subscriber acknowledges and agrees that IDTSPL will not be liable / responsible in the following conditions:
6.1 For violation of any laws with respect to declarations given by the Subscriber in any customs documents/forms or any breach of security with respect to the cargo loaded and transported by the Subscriber to any customs station.
6.2 For providing any assurance regarding the entry of the cargo into the customs area or handling of cargo by either the Customs department or custodians of the customs stations.
6.3 For any matter relating to the procedure, rules or regulations under the Customs Act or any other legislation of relevance to self-sealing and transportation of goods to any customs area.
6.4 For any loss or delays that may arise due to incorrect use of Device or incorrect information provided by the Subscriber during the course of registration or incorrect use of the Devices at the Port or ICD by the authorities or due to a failure of internet services or services of telecom operators.
6.5 For any loss or delays that may arise due to uploading of data to the web application, due to issues related to connectivity or internet. While IDTSPL undertakes to do the best to ensure that availability of the website and the web application is uninterrupted, the nature of the Internet and wireless connectivity, cannot guarantee uninterrupted services.
6.6 For any indirect losses which may be incurred including but not limited to:(a) loss of income or revenue;(b) loss of business; (c) loss of profits or contracts;(d) loss of anticipated savings; (e) loss of data; (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise
ALL PAYMENTS TOWARDS ORDERS PLACED FOR THE DEVICES WILL HAVE TO BE MADE AT THE TIME OF PLACING OF THE ORDER. THE ORDER PLACED WILL ONLY BE CONSIDERED TO BE A VALID ORDER ONCE IDTSPL ACKNOWLEDGES THAT ALL PAYMENTS HAVE ALREADY BEEN MADE TO THE ACCORD AND SATISFACTION OF IDTSPL. If payment in full has not been received and delivery to the Subscriber has been effected, the property in the Device(s) shall remain vested in IDTSPL but the Device(s) shall be at the sole risk of the Subscriber who shall insure and keep the Device(s) fully insured against all and every risk including specifically but without prejudice to the generality of the foregoing, damage by the Subscriber or third parties, fire explosion, aircraft, tempest and flood. The Subscriber as and from delivery until payment in full for the Device(s) has been made shall also be responsible for the maintenance and care thereof and will indemnify IDTSPL against any depreciation in the value of the Device(s) and also against any damage caused to the Device(s) in the event payment in full is not been made. The Subscriber hereby agrees that the Device(s) purchased by the Subscriber cannot be transferred and /or assigned to another person/entity.
The Subscriber agrees to provide correct and accurate details while using the system of online payments enabled on rfidsealsindia.com to the approved payment gateway for availing services on rfidsealsindia.com. The Subscriber shall not use the credit/ debit card which is not legally owned by him/her or any other payment method not legally entitled to be used by him/her.
The information provided by the Subscriber will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. The Subscriber will be solely responsible for the security and confidentiality of his/her credit/debit card /login /password details. IDTSPL expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of the Subscriber’s details.
The Subscriber shall have no right in any circumstances to cancel the purchase order without the prior written consent of IDTSPL and subject to compliance by the Subscriber with such requirements (including requirements as to the payment of adequate compensation) as IDTSPL may impose as a condition of giving such consent. In case of any non-reply/inability of the Subscriber for completing the payment for ordered Device(s) more than a period of [7] days shall be deemed as order cancellation and allow the IDTSPL to forfeit the advance payments if any, and salvage the costs incurred by reselling the partly /completely ready Device(s).
The Subscriber agrees and consents to the use and processing of the Subscriber Data and other personally identifiable user information by IDTSPL. The Subscriber acknowledges and agrees that the Subscriber Data provided on the website may involve transmission of messages relating to the services over various networks which may involve foreign countries. While IDTSPL has undertaken to use all reasonable and known means for securing the integrity of transmission of data, IDTSPL will not be held responsible for events arising from third parties gaining unauthorized access to such data during such transmission.
IDTSPL hereby expressly disclaims all liability whatsoever for any downtime or non – availability of web based applications or software applications or RFID readers (handheld or fixed readers) or scanners at the customs station of export or container terminals or ICD’s or data retrieval server with the portal of Central Board of Excise & Customs (ICEGA TE). IDTSPL further disclaims all liability for any non-compliance by the Subscriber with regard to compliance with the requirements of the CBEC including any requirement to provide any data and/ or additional information to the CBEC. IDTPSL disclaims any/all warranties , obligations or liabilities of any kind whatsoever, whether express or implied (a) towards the accuracy and/or completeness of any data and/ or information provided to the IDTSPL and /or the Central Board of Customs and Excise by the Subscriber and (b) towards expense, injury, loss or damage to persons or to property or things of whatsoever kind or nature, whether direct, incidental or consequential, including but not limited to those arising from loss of profits, production, increased cost of operation inability to use IDTSPL’s Devices for any purpose, except as herein provided, or spoilage of material arising in connection with the sale or use of or inability to use, IDTSPL’s products for any purpose, except as herein provided.
rfidsealsindia.com may terminate the account of the Subscriber at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that rfidsealsindia.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. As a result of such termination, the same may lead to forthwith suspension, deactivation or deletion of the Subscriber’s account and all related information. The Subscriber agrees and acknowledges that IDTSPL will not be liable to the Subscriber or any third-party for any suspension or termination of the account and lack of access to Rfidsealsindia.com.
If IDTSPL is delayed or hindered in or prevented from performing any of its obligations under these Terms by reason of act of God, fire, flood, accident, explosion, breakdown or failure of plant or machinery, war, riot, civil disturbance, strike, labour dispute, acts, orders or regulations of Government failure (whether partial or total) of or shortage in any of IDTSPL or its suppliers existing or contemplated sources of material (including parts & components) or fuel or labour or transport whether such failure or shortage be existing or apprehended by the IDTSPL, failure of any supplier or sub-contractor of IDTSPL to perform any contract with IDTSPL or by reason of any cause whether or not of the same nature as the foregoing beyond its control, IDTSPL shall be under no liability in respect of non-performance of such obligation. If a Force Majeure Event continues for a total of three (3) months, either Party may terminate these Terms by notice to the other and these Terms shall be deemed to have been terminated, effective on the date of the terminating Party's notice, and the remaining provision of this clause (Termination) shall apply to such termination. A termination by the Subscriber will only be valid and binding subject to the Subscriber clearing all outstanding payments to IDTSPL as on the date of termination.
The Subscriber agrees to indemnify and hold IDTSPL and its directors and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of the the Subscriber’s misrepresentation and/or negligence and/or violation or breach of any of these Terms and/or violation of any law or the rights of any third party.
The sale of the Device(s) to the Subscriber does not confer any right or license upon the Subscriber to use, exploit, or otherwise utilize any Intellectual Property rights subsisting in or relating to the Device(s) and/or the IDTPL’s trademarks.
The IDTSPL's rights and remedies shall not be prejudiced by any indulgence or forbearance, to the Subscriber and no waiver by the IDTSPL of any breach by the Subscriber shall operate as a waiver of any subsequent breach.
All notices will be sent to IDTSPL by sending the same to ID Tech Solutions Pvt. Ltd., Plot No-610, Udyog Vihar Phase-5, Gurugram, Haryana - 122016. Except as explicitly stated otherwise, IDTSPL will send a notice to the Subscriber at the email address provided to during the registration process and as a part of the Subscriber Data.
These Terms and Conditions shall be severable. In the event that any provision is determined to be unenforceable, illegal or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the enforceability, legality and validity of any other remaining provisions.
If any question, dispute or difference in connection with the purchase order and this Agreement arises, then courts of Delhi alone shall have the sole jurisdiction to try and finally decide such question, dispute or difference according to Law.
The relationship of the Parties is that of independent contractors, neither Party shall represent itself to be, the agent, employee, franchise, joint venture, officer or partner of the other Party. Nothing herein contained shall be construed to place partners or joint venture, and neither Party shall have the power to obligate or bind the other Party in any manner whatsoever.
The Terms of Use, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between the Subscriber and IDTSPL relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on rfidsealsindia.com by IDTSPL.