Terms of Service

OVERVIEW:

Welcome to PowerTune, an online store specializing in UPS battery and solar solutions. These terms and conditions (“Terms”) govern your use of the PowerTune website (“Website”) and any orders you place for our products (“Products”) through the Website. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the Website.

ONLINE STORE TERMS:

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

GENERAL CONDITIONS:

PowerTune reserves the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which we provide the service, without express written permission.

INTELLECTUAL PROPERTY:

All content, including but not limited to text, graphics, logos, images, product descriptions, and website design, is the property of PowerTune and is protected by applicable intellectual property laws. You shall not use, reproduce, modify, or distribute any content from the PowerTune website without prior written permission from us.

LIMITATION OF LIABILITY:

In no event shall PowerTune, its partners, officers, employees, affiliates, agents, contractors, or licensors be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the website or the purchase and use of our products. This includes, but is not limited to, damages for loss of profits, goodwill, data, or other intangible losses, even if PowerTune has been advised of the possibility of such damages.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION:

PowerTune is not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

MODIFICATIONS TO THE SERVICE AND PRICES:

Prices for our products are subject to change without notice.

PowerTune reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

PowerTune shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

PRODUCTS OR SERVICES (IF APPLICABLE):

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

ACCURACY OF BILLING AND ACCOUNT INFORMATION:

PowerTune reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same User account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

ACCOUNT CREATION AND USAGE:

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. PowerTune reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.

ORDERS:

All orders are subject to availability and acceptance. PowerTune reserves the right to limit or cancel the quantities of any Products ordered. All descriptions of Products or Product pricing are subject to change at any time without notice, at the sole discretion of PowerTune. PowerTune reserves the right to discontinue any Product at any time.

PRICING AND PAYMENT:

Prices for Products are listed on the Website and are subject to change without notice. PowerTune shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Products.

SHIPPING:

PowerTune will make every effort to ship orders within the estimated timeframe provided. However, we do not guarantee delivery dates and are not responsible for any delays or damages incurred during shipping.

1. Shipping: Taxes will be applicable for certain regions and will have to be borne by the User. The product will be shipped within 7 days after payment has cleared. A complete shipping address with a nearby landmark should be mentioned with a pin code and phone number is compulsory. PowerTune will not be liable for the incorrect shipping address provided by you. Products will be shipped by available courier service to your area. If your area is not under service of the following courier companies, kindly let us know which courier services are available in your area. In such cases, the shipment charges would be entirely borne by you.
2. Cancellation of Order: PowerTune reserves the right to cancel any order without any explanation for doing so, under situations where PowerTune is not able to meet the requirements of the order placed or the order so placed/cancelled does not comply with the policy of PowerTune. However, we shall duly intimate the concerned person and the applicable refund will be made in a reasonable time.
3. Risk of Loss: All items purchased from PowerTune are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. PowerTune shall not be responsible for the shipment that may not reach because of an incomplete or false shipping address. Also, PowerTune shall not be responsible in any manner for any delays on the part of the shipment agency.

RETURNS AND EXCHANGES:

PowerTune accepts returns and exchanges as outlined below.

1. Return the merchandise to us in its original packing along with the invoice.
2. In case of missing, wrong product, or damaged products, you need to initiate a return request within 24 hours of delivery through your account and provide all necessary details, including images. Email our support center at support@powertune.com.
3. Users can only return within 72 hours from the day of delivery of the product.
4. All items to be returned must be unused and in their original condition with all original tags.
5. Please do take care that you pack items securely and safely to prevent any loss or damage during transit.
6. This is subject to your return having met the requirements of being unused, returned within 72 hours.
7. All returns are evaluated before being processed. Please note that it usually takes 10 – 15 working days to receive the package you return. Once we receive your return, in case of prepaid orders, please allow up to 5 – 7 business days to complete your return & reverse your payment. In case of Cash on Delivery Returns, it may take up to 5 – 7 business days to refund the amount back to your account.

OPTIONAL TOOLS:

PowerTune may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind.

THIRD-PARTY LINKS:

Certain content, products, and services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS:

If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us.

PERSONAL INFORMATION:

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, click here.

ERRORS, INACCURACIES, AND OMISSIONS:

Occasionally, there may be information on our site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Website is inaccurate at any time without prior notice.

PROHIBITED USES:

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm,

defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY:

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless PowerTune and our parent, subsidiaries, affiliates, partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

SEVERABILITY:

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected.

BREACH AND TERMINATION:

Without limiting other remedies, PowerTune may limit or terminate your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the PowerTune website in the event you are found to be in a breach of any of the terms and conditions in this Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

FORCE MAJEURE:

Notwithstanding anything contained in these Conditions or elsewhere, PowerTune shall not be held responsible for the performance of its obligations or for any loss or damage to the User if such loss or damage is attributable to a Force Majeure Event.

A “Force Majeure Event” means any event that is beyond PowerTune’s control and anticipation, including, without limitation, fire, flood, explosion, natural calamity, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, terrorist attacks, war, acts of government, lockdowns, pandemic, epidemic, legal or statutory orders, including, orders, notifications, circulars, etc., issued by Government/ statutory authorities, court orders, inability to use public or private telecommunication systems, power failure, sabotage, computer hacking, unauthorized access to computer data and storage devices, system failure, virus attacks, bugs, computer crashes, breach of security and encryption, or any event which affects the ability of PowerTune to fulfill its obligations under these Terms and Conditions.

It shall be understood that our obligations deriving from contracts 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 fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. Notwithstanding anything contained herein, PowerTune shall not be responsible or liable to the User for non-delivery or non-refund or for any of its obligations during the Force Majeure Event.

However, PowerTune would make all reasonable efforts and endeavors to fulfill its obligations or to find a solution that enables us to fulfill its obligations by virtue of the contract despite the situation of Force Majeure.

ENTIRE AGREEMENT:

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

GOVERNING LAW AND DISPUTES:

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and the courts in Kolkata shall have the jurisdiction to try all disputes arising out of these terms and conditions.

CHANGES TO TERMS OF SERVICE:

PowerTune reserves the right, at its sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to the Website. It is your responsibility to check the Website periodically for changes. Your continued use of or access to the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

CONTACT INFORMATION:

Questions about the Terms should be sent to us at support@upsbatterysolar.com.