FAQ
1) How to process an order with Spekxo?
*Step 1 - Create an account with spekxo.com by filling in the necessary details as mentioned.
*Step 2 - Search for the category you are looking for in the search bar.
*Step 3 - Select the best match and buy the frame with lens or buy only frame.
*Step 4 - Proceeding for buying with lens offers category of lenses according to the need selecting on the main category opens path to sub categories with additional coatings
Buy with lens > Single Vision > Fill the eye prescription details on the right hand side > Select continue > Choose the prescription lens option > Read the specifications of lens > Add to cart > Place order > Choose the payment method.
*Step 5 - A notification will be send to your e-mail after the order gets approved.
2) Why do you need my phone number?
- Our team will personally contact you if they notice a problem with your order, such as an expired or incorrectly entered prescription, to see how you would like to handle the issue.
- To update you the information regarding your shipment.
3) Do you sell frames without lenses?
Yes, you can purchase frames only without lenses.
4) How do I know what size frame I need?
You may be able to find your size numbers printed on the inside of your current eyeglass or sunglasses frames, refer to size description chart available in description.
7) How do I know which lens material to choose?
> Plastic lenses are recommended for light prescriptions.
> Polycarbonate lenses are strong, tough materials, rimless and semi-rimless frames also work best with polycarbonate lenses.
> 1.67 Hi-Index lenses are 45% thinner than plastic lenses and help reduce the distortion of your eyes that people see when they look at you through your glasses.
8) How long will it take to receive my order?
Non-prescription eye wear as well as contact lenses usually takes 5-7 business days (for interstate customers). Prescription eye wear orders typically take 10-12 business days to receive (for interstate customers), due in part to our rigorous quality control process.
9) Do you offer free shipping?
Yes, we offer free shipping above purchase of ?299
10) What is the proper way to clean and care for my eye wear?
· > Dry your glasses gently with a soft cotton towel or cleaning cloth for eyeglasses.
· > Avoid using rough materials such as facial tissue or paper towels to dry your glasses, as they may scratch your frame or lenses.
· > Avoid using any cleaners containing ammonia (such as Windex) or lotions (like some hand soaps), as these products could damage your lenses.
· > Avoid touching your lenses with your hands to prevent contact with dirt and oil particles that could scratch the surface.
· > When not using your glasses, keep them in a case to avoid scratches.
· > Avoid leaving your glasses in a hot vehicle. High heat could damage the frame and lenses.
11) How do I adjust my glasses so that they fit better?
Before shipping your glasses to you, we will adjust them based on standard fit. If you require further adjustments, we encourage you to visit a local optical store. Most eye wear retailers will adjust your glasses free of charge, as courtesy.
12) How can I contact if I have questions?
If you have questions or concern about your order or product on spekxo.com, please call +91 8129162626 or mail your queries to spekxo@gmail.com
Return & Warrenty Policy
1.
RETURN AND WARRANTY POLICY
1. Introduction
SPEKXO PRIVATE LIMITED, is a private
limited company duly incorporated under the provision of the Companies Act,
1956 (hereinafter referred to as “We”, “Us”, “Spekxo”, "Company" or “Our” which
expression shall mean and include its affiliates, successors and permitted
assigns). The domain name “spekxo.com” (hereinafter collectively referred to as
the "Platform") is owned by the Company. Spekxo is an
internet based online platform which facilitates purchase of Spekxo branded
prescription and fashion eyewear including but not limited to, spectacle
frames, Optical lens, contact lens, sunglasses, including accessories for men,
women and kids (“Products”). The return, refund,
exchanges and Warranty of the Products purchased from Our Platform is subject
to the terms and conditions provided in this policy and Our Terms of Use
available here https://www.spekxo.com/
2. General Conditions for Return of Products
Spekxo provides return, refund or exchange opportunity for selected Products
purchased from the Platform, provided that the customer meets the following
conditions:
a. The
request for return, refund or exchange should be raised within 7 (seven) days
of the receipt of the Product. Once the Product is returned, We will inspect
the Product for any post-delivery damage to the Product before making the
refund (refund will be applicable on selected frames that are applicable for
return and not on lens products);
b. In
case If the Product received is incorrect then the customer shall make the
request for return, refund or exchange within 7 (seven) days from the receipt
of Product
c. The
Product should not have been used and all embedment should remain intact, in
its unused original condition and must be returned with the original box,
instructions, guarantee card and any other extras or complimentary offers;
d. Ensure
that the return package is appropriately sealed and sent to the Company as any
damage in transit will continue to be customer’s responsibility; and
e. To
request for a return, refund or exchange, please contact Our customer care at
+91 8129162626 or mail Us at spekxo@gmail.com
f.
Customer could exchange the
purchased Product for a different Product of same value. If no such Product is
available for the same value the customer shall have the option to buy a new
Product from the Platform at a higher price after paying the difference in
price. If the price of the replaced Product is less than the original product,
We shall not repay such difference in price to the customer. If this is not
applicable, then the refunds will be provided in form of Spekxo Credit Note /
Vouchers/ Spekxo Points/ online bank transfers/ virtual money transfers
and not in form of cash. The refund will be initiated only after the receipt of
returned Product in in unused condition as specified in Clause 2(c)
above.
Customer will have a period of 7 (seven) days to
confirm the decision to Us. In the event We do not receive any communication
from customer then the opportunity to obtain a refund, return or exchange will
lapse. Usually the refunds or exchange are processed within [15] (fifteen)
working days from the receipt of product by Spekxo at its warehouse. We reserve
the right, at Our sole discretion to, reject or refuse any request for refund
made by the customer.
3. Warranty
Spekxo provide 1 (one) year limited warranty
from the date of purchase (“Warranty Period”)
for Spectacle frames. During the Warranty Period, Spekxo will, at its sole
discretion, repair or replace the frame for any manufacturing defects.
Except as otherwise set forth herein, warranties
are solely for the benefit of the end customer. Any purchase from a third party
other than Spekxo approved stores or Platform shall not be eligible for the
warranties contained herein.
Spekxo warranty does not cover any kind of color fading or peel off,
breakage, scratches or damages caused by accident, mishandling, negligence,
shock, tampering or improper use or storage of the Product, unauthorized
modifications or repairs or normal wear and tear.
In case of replacement of frame, We shall
replace the frame with a similar frame subject to availability. On
non-availability of the frame, an alternative frame that can fit the existing
lenses shall be provided which is of the same value. If no such alternative
frame is available for the same value the customer shall have the option to buy
a new frame at higher price after paying the difference in price. If the price
of the replaced Product is less than the original Product no refunds shall be
made to customer for the difference in price.
4. Warranty
Conditions
·
This warranty will automatically terminate on
the expiry of the Warranty Period.
·
The decision of the Spekxo on the nature of
the defects and applicability of the warranty will be final.
·
Spekxo will, in no event, be liable or
obligated for the payments or refund of any special incidental or consequential
damages.
·
Minimum of 14 (fourteen) business days is
required for replacement from time of receiving the Product at the warehouse.
·
Any breakage or loss of customer own frame or
customer own lens during fitting is at customer’s own risk. Spekxo shall not be
liable for loss of these frames.
5. Limitation on Liability
Notwithstanding anything else in this policy, the Terms
of Use or any other terms between You and Spekxo, the entire liability of
Spekxo for any reasons whatsoever, including any claim relating to warranty,
replacement or third party damage shall be limited to the money received for
value of Product sold.
6. Disclaimer
In no event shall Spekxo, its affiliates or
third party service providers or their respective directors, officers,
employees or agents be liable for any incidental, special, consequential or
punitive damages arising out of or in connection with the use of Spekxo
Products (including without limitation damages for loss of profits, business,
loss of data or data breach, goodwill, anticipated savings, business
interruption, loss of business information and the like), even if Spekxo or its
authorized representative has been advised of the possibility of such damages.
All disclaimer and limitation as provided in Our
Terms of Use applies to this policy. Please read and understand the detailed
disclaimer provided in Our ‘Terms of Use/ conditions’ available here https://www.spekxo.com/
7. Severability
If any term, provision, covenant or restriction
of this policy is held by a court of competent jurisdiction to be invalid, void
or unenforceable, the remainder of the terms, provisions, covenants and
restrictions of this policy shall remain in full force and effect and shall in
no way be affected, impaired or invalidated.
8. Conflict
The provisions of this policy shall be read
together with the Terms of Use available here https://www.spekxo.com/ In
the event of any conflict between the Terms of Use and this policy, the
provisions of the Terms of Use shall prevail.
9. Jurisdiction
This policy shall be governed by and construed
in accordance with the laws of the Republic of India and subject to the
provisions of arbitration set out herein, the courts of Chennai, India shall have exclusive
jurisdiction in relation to any dispute arising out of or in connection with
this policy.
2.
Terms & Conditions
11. 1. Service and Products
We provide You an opportunity to purchase Spekxo
eyewear for men, women and kids (“Products”). Upon
placing order, the Company shall ship the Product to You and will be entitled
to its payment for the Product.
The Products as displayed in the
Platform constitute an “invitation to offer”.
Your order or purchase of the displayed Product constitutes an “offer” which shall be subject to this Terms of Use.
Spekxo shall have the sole discretion to accept or reject Your offer which
cannot be contested by You.
Spekxo, attempts to accurately
display the Product details and specifications to the best of its knowledge.
However, the color visible to You is solely dependent on Your monitor. The Company does not provide any warranty or
guarantee that the Product descriptions are accurate, complete, reliable,
current, or error-free. If a Product offered by the Platform is not as
described, Your sole remedy is to return it in unused, unsoiled and resale
condition.
2. 2.Registration
You can access the Platform without registering
for an account. However, to use several features, You will need to register and
create a profile with accurate and complete information. Your profile must be
Your own or of a person You are entitled to represent and You shall not use or
provide any information that is offensive or that violates any third party’s
rights.
In order to use certain aspects of
the Platform, You will have to register with the Website and create an account
(“User Account”). When creating Your account, You agree
to provide true, accurate, current, and complete information. You are solely
responsible for maintaining the confidentiality of Your account and password
and for restricting access to Your computer, and You agree to accept responsibility
for all activities that occur under Your account or password. If You have
reason to believe that Your account is no longer secure (for example, in the
event of a loss, theft or unauthorized disclosure or use of Your ID, password,
or any credit, debit or charge card number), You agree to immediately notify
Us. You may be liable for the losses incurred by Us or others due to any
unauthorized use of Your User Account.
Access to the Platform is available
only to persons who can form legally binding contracts under Indian Contract
Act, 1872. Persons who are "incompetent to contract" within the
meaning of the Indian Contract Act, 1872 including un-discharged insolvents
etc. are not eligible to use the Platform. We strongly recommend that You do
not permit any minors to use Your User Account to access the Platform. We will
assume that any minors using Your User Account has been authorised by You and
is doing so under Your strict monitoring and with Your prior consent.
As a minor if You wish to transact on the
Platform, such transaction on the Platform may be made by Your legal guardian
or parents. Spekxo reserves the right to terminate Your membership and / or
refuse to provide You with access to the Platform if it is brought to Our notice
or if it is discovered that You are under the age of 18 (eighteen) years and
transacting on the Platform without the permission / monitoring of Your legal
guardian.
3. 3.Information Required From You
Upon Your acceptance of agreeing to be a member
and avail services from Our Platform, We would request You certain basic
information such as contact details, name and address, etc. for registration (“User Data”).All information provided by You will be
treated as private and confidential in accordance with Our Privacy Policy
available here.
However, We may share or publicly
discloses information (e.g., in marketing materials, or in application
development) that is derived from User Data, provided that such data will be
aggregated or anonymised to reasonably avoid identification of a specific
individual or the Customer. You further agree that Spekxo will have the right,
both during and after the termination of this Terms of Use, to store, transmit,
distribute, modify, copy, display, sublicense, and create derivative works of
the anonymised, aggregated data.
4. 4.Customer Obligation and Covenants
You hereby represents and agree that:
a. That You have a written and valid
prescription from a doctor regarding Your prescription glasses or lenses and
that such prescription has been given to You by a registered medical
practitioner or registered optometrist following the testing of sight by him or
her within the last 3 (three) months;
b. That You are at least 18 (eighteen) years old
and competent to execute perform into any agreement You enter into through Our
Platform;
c. To supply, full, accurate and complete
details of Your current prescription or a copy of Your original prescription
when requested;
d. All information provided by You including
Your contact details, name and address, bank or credit card details are Yours
and authentic and there is no misrepresentation or fraudulent act from Your
end;
e. Any non-delivery or wrong delivery of the
Products by Spekxo due to error in the information provided by You, then, any
re-delivery cost or loss on Products in addition to the initial cost will be
billed to You;
f. You will check the Product description
carefully before placing an order for a Product You agree to bound by the
conditions of sale included in the item’s description;
g. You will update Your registration information
with the Company as needed so that it remains true, correct and complete;
h. The Platform shall be used only for legal and
lawful purposes;
i. You may not pretend that You are, or that You
represent, someone else, or impersonate any other individual or entity, or
misrepresent any affiliation with any other person or entity.
The User Account used by You shall be Your own or of a person or entity You are
entitled to represent and You shall not use or provide any information that is
offensive or that violates any third party’s rights; and
j. In the event You are representing any person
or entity, You undertake and state that You are authorized to represent such
person or entity. You shall be solely responsible for the consequences arising
out of such acts and Spekxo shall not be held liable in anyway to any person or
entity.
5. 5. Payment
You shall pay the applicable costs, charges and
fees for purchase of the Products (which will be listed at the Platform and the
invoice issued to it) through the medium provided at the Platform and the
Customer shall not use any other, method for making payments for the Products
purchased through the Platform.
Spekxo shall not be held liable for any misuse or
misappropriation of any payment mechanism. The liability arising from such
fraudulent use shall be on the Customer.
We may use the services of third party payment
service providers to process Your payment and share the payment information and
other identifiers with such third parties in accordance with their terms and
conditions. Accordingly, Your payments to Us through such third party services
shall be in accordance with the terms and conditions adopted and implemented by
such service provider, and We shall not be responsible for any failed or
incomplete fulfilment of any payment instructions issued by You through such
service provider or any actions taken by You in respect of the same. At the
time of payment, Your bank or other third party payment intermediaries may
charge You, bank charges and other transaction fees which shall be payable by
You.
6. 6.Order For and Supply of Products
a. You will have to submit Your order for the
purchase of the Product as detailed under the Platform or You can e-mail us at
spekxo@gmail.com or contact us at +91 8129162626
b. Once the order is submitted it will be
considered as express intention to purchase the Product and the same may not be
cancelled except as provided hereunder.
c. Based on the information provided by You and
subject to Our verification, the orders will be accepted by Us for processing.
d. Orders will be processed only after receiving
the payment for the Product.
e. You acknowledge that with respect to
prescription glasses the Company reserves the right to verify the same with Your
prescribing doctor as well as independent qualified optician and the acceptance
of the order by the Company is subject to the same.
f. All orders will be confirmed via e-mail.
g. The Company will use its best efforts to
ensure that order placed by You is successfully processed subject to the
availability of the Products. In the event the
h. Products is sold out or unavailable, the
Company will intimate You regarding the same and either refund Your money or
provide You with an opportunity to purchase a different Product of the same
value.
7. 7. Delivery and Cancellation of Products
Spekxo shall make all possible effort to deliver
the Product to You within a maximum of 10 (ten) working days. However, delivery
of certain Products may take up-to 15 (fifteen) days from date of order. The
Company shall not be liable for any deficiency in delivering Products including
inter alia any delay in pick-up or delay in delivery of the Product for any
other reason.
In the event You desire to cancel any order,
then, such cancellation must be done prior to the dispatch of the Products to
You. Once dispatched, We will not accept any cancellation request from Your
end.
Spekxo retains the right to cancel any such
order as placed by the Customer, at its sole discretion and the Customer shall
be intimated of the same by way of an email or Short Message Service (SMS). Any
price paid by the Customer in case of such cancellation by Us, shall be
refunded to the Customer.
Further, Spekxo may cancel the order for reasons
such as non-availability of the Products; inaccuracy in Product or pricing
information; or due to reasons of any fraud or wrong usage of payment
mechanism.
8. 8. Communication
By registering with Spekxo, You have agreed to
receive any type of communication including but not limited to emails, SMS,
phone call or any other mode of communication from Us that is transactional,
promotional and informational in nature. However, You may choose to stop receiving Our notification by following the instructions to unsubscribe as
included in these e-mails or You can contact Us at +91 8129162626 or
spekxo@gmail.com
In case You have suppressed the receipt or
disabled or marked alerts or communication in general to be junked, We request
You to revise the same and activate the receipt of alerts to Your proper
destination. Any communication from Our end will be related to the services and
not any marketing or spam mails. Any changes in Your email address or phone
number will apply to all of Your alerts.
The contents and attachments of any email or communication made by
Us, are intended solely for the attention of the addressee/s and may also be
privileged. If You are not the addressee You may not copy, forward, disclose any
part of any message received or its attachments and if You receive a message in
error, You may delete the said message from Your system and shall notify Us
immediately.
You further agree and acknowledge that internet
communications cannot be guaranteed to be secure or error free. Any information
sent via internet could be intercepted, corrupted, lost or contain Viruses. We
therefore does not accept any responsibility for any errors or omissions in
messages received by You which may arise as a result of internet transmission.
9. 9. Intellectual Property
This Platform is operated by and is the sole
property of Spekxo. Any and all material on this Platform, including images,
illustrations, audio and video clips, trade names, proprietary information and
knowledge, technology, databases, or rights with respect thereto necessary for
Our business as is now being operated are protected by copyrights, trademarks,
and other intellectual property rights that are owned by Us or by other parties
that have licensed such material to Us, or such parties having ownership of
content uploaded on the Platform. You agree that any and all material displayed
on the Platform is solely for Your personal use and You shall not, whether
directly or indirectly, copy, reproduce, republish, post, upload, transmit or
distribute such material in any manner and through any media including by way
of e-mail or other electronic means and You shall not assist any other person
in doing so. Modification of the said materials or use of the materials on any
other Platform or networked computer environment or use of the materials for
any purpose other than personal use is a violation of the said copyrights,
trademarks and other intellectual proprietary rights, and is expressly
prohibited.
Spekxo grants to You a temporary, non-exclusive,
revocable, non-transferable limited license to use the Platform for Your own
use. All right, title, and interest in and to the Platform is and will remain
the exclusive property of the Company and/or its licensors.
Spekxo shall have no obligation to monitor or
enforce any intellectual property rights that may be associated with the
content provided by You on the Platform.
If You are a copyright owner or an agent thereof
and believe that any content on the Platform infringes upon Your rights, You
may contact +91 8129162626 or spekxo@gmail.com and provide details requested in
regards to such infringement.
10. 10.Prohibited
Uses
Spekxo specifically prohibits any use of the Platform for and You agree not to
use the Platform for any of the following purposes:
·
Modifying, publishing, storing, transmitting,
distributing, displaying, performing, participating in the transfer or sale of,
create derivative works on, or in any way exploiting, any of the copyrighted
material contained on the Platform, in whole or in part, without Our prior
written consent;
·
Defame, libel, disparage, threaten, harass or
intimidate anyone or otherwise violate the personal, privacy, contractual,
intellectual property or other rights of any person, including by the use of
offensive comments related to race, national origin, gender, sexual preference
or physical handicap;
·
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 any related Platform, other Platforms, or the
internet;
·
To solicit others to perform or participate
in any unlawful acts;
·
Submit any content or material that falsely
expresses or implies that such content or material is sponsored or endorsed by
Spekxo; or
·
To interfere with or circumvent the security
features of any related Platform, other Platforms, or the internet.
11.11.Modifications
We reserve the right at any time and from time to
time, in Our sole discretion, to modify the content on the Platform or any part
thereof. You agree that Spekxo shall not be liable to You or to any third party
claiming through You, for any modification of the content or features provided
on the Platform.
12.12. Security
You are prohibited from violating or attempting
to violate the security of the Platform, including, without limitation: (a)
accessing data not intended for You or logging into an account which You are
not authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; or (c) interfere with service to any
User, host, or network.
You shall not misuse this Platform by knowingly
introducing viruses, trojans, worms, logic bombs or other materials that are
malicious or technologically harmful (“Viruses”). You must
not attempt to gain unauthorized access to Our Platform, the server on which
the Platform is stored or any server, computer or database connected to this
Platform. Further, You shall not interfere with or circumvent any security
feature of the Platform or any feature that restricts or enforces limitations
on use of or access to the Platform, such as probing or scanning the
vulnerability of any system, network or breach.
By breaching the provisions of this Paragraph
14, You may be liable to be prosecuted under the Information Technology Act,
2000 and any other applicable law. We will report any such breach to the
relevant law enforcement authorities and We will co-operate with such
authorities by disclosing Your identity to them. In the event of such a breach,
Your rights to use this Platform will cease immediately.
We will not be liable for any loss or damage
caused by Viruses that may infect Your computer equipment, computer programs,
data or other proprietary material due to Your use of this Platform or to Your
downloading of any material posted on it, or on any Platform linked to it.
You agree to immediately report to Us all
incidents involving suspected or actual unauthorized access, disclosure,
alteration, loss, damage, or destruction of data.
Sharing of User Account (user identification and password) is
prohibited. All actions performed by any person using Your User Account and
password shall be deemed to have been committed by You and You shall be liable
for the same. We reserve the right to suspend or terminate Your account at any
time if it is found that You have been sharing the password with any
unauthorized User.
13.13. Monitoring
All electronic communications and content
presented or passed to Us, including that presented or passed from remote
access connections, may be monitored, examined, saved, read, transcribed,
stored, or retransmitted in the course of daily operations by any duly
authorized employee or agent of Spekxo in the exercise of their duties, or by
law enforcement authorities who may be assisting Spekxo in investigating
possible contravention or non-compliance with applicable law. Electronic
communications and content may be examined by automated means. Further, Spekxo
has the right to reject, at its sole discretion, from the Platform any
electronic communications or content deemed not to be in compliance with the
corporate policies and procedures of Spekxo.
14. 14.Comments and Feedback
We, as part of Our service, encourage and permit
You to post Your messages or content on Our Platform. 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.
We are and shall be under no obligation to:
- maintain
any comments in confidence;
- pay
compensation for any comments;
- respond
to any comments; or
- verify,
monitor, edit or remove content that We determine in Our sole discretion are
unlawful, offensive, threatening, libelous, defamatory, pornographic,
obscene or otherwise objectionable or violates any party’s intellectual
property.
·
You undertake that Your comments will not
violate any applicable law and right of any third-party, including, but not
restricted to, copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that Your comments will not contain
libelous or otherwise unlawful, abusive, offensive or obscene material, or
contain any computer Viruses or other malware that could in any way affect the
operation of the Platform. You may not use a false e-mail address, pretend to
be someone other than yourself, or otherwise mislead Us or third-parties as to
the origin of any comments. You are solely responsible for any comments You
make and their accuracy. We take no responsibility and assume no liability for
any comments posted by You or any third-party or any claims that may arise as a
result of them.
15. 15.Termination
These Terms of Platform are effective unless and
until terminated as specified below: (i) Us, in Our sole discretion, at any
time without notice and You will remain liable for all amounts due up to and
including the date of termination; or accordingly may deny You access to the
Platform (or any part thereof); or (ii) as mutually agreed to between the
Company and the Customer, in writing.
The rights and obligations of the Parties under
this Agreement, which either expressly or by their nature survive the
termination of these Terms of Use including but not limited to Paragraph 9
(Intellectual Property), Paragraph 19 (Indemnity), Paragraph 20 (Governing Law
and Dispute Resolution), shall survive the termination of this Agreement.
Except as otherwise specifically provided herein,
the termination of these Terms of Use for any reason whatsoever shall be
without prejudice to any rights or obligations accrued to or in respect of the
parties prior to the date of termination.
16. Disclaimer of Warranties and Limitation of
Liability
We do not endorse or act on behalf of any third
party. In the event You engage the services of any third party, through the
Platform, Spekxo will not be liable to You for any act or omission by such
third party in relation thereto.
We hereby expressly disclaim all warranties and
representations of any kind with respect to any and all content or Product
available on the Platform, including but not limited to (a) the Products and or
any content thereof on the Platform or its accuracy, viability and merchantability,
profitability whatsoever; or (b) the Platform as whole or any its tools for
their safety, reliability, stability, scalability, benefits or regulatory
compliance required for the Platform and the services provided therein.
We shall have no liability for any losses,
direct or indirect, in contract, tort, or otherwise, incurred in connection
with the Product or content on the Platform, including but not limited to loss
of revenue or profit or any other commercial or economic loss.
Any content or information provided through the
Platform are offered for informational purpose only and shall not be construed
as a professional advice or certification or guarantee/ warranty regarding the
appropriateness or suitability of the Product.
We specifically disclaims any liability with
regard to any illegal, infringing, fake, duplicate, spurious, defective or
counterfeit, refurbished, expired Products purchased by You and We shall not
assume any liability if the Products purchased or availed by You is not exactly
as per specifications detailed in the purchase confirmation order issued at the
Platform.
While We strive to provide You with
uninterrupted access, Your access and use of this Website may be interrupted
from time to time for any of the several reasons, including, without
limitation, the malfunction of equipment, periodic updating, maintenance or
repair of the Website or other actions that the Website, in its sole
discretion, may elect to take. We use Our best efforts to provide the services
without any interruptions or hindrance. However, We do not warrant that the
function, operation, security or accessibility of the Website will be
uninterrupted or error-free, that defects will be corrected, or that this
Website or the server that makes it available will be free of Viruses or other
harmful elements. As a User of the Website, You agree that Your access will be
subject to these terms and conditions and that access is undertaken at Your own
risk. We shall not be liable for damages of any kind related to Your use of or
inability to access the Website.
The Platform, all the Products and services,
included on or otherwise made available to You through this Platform is
provided by Spekxo on an "as is" and "as available" basis
without any representation or warranties, express or implied except otherwise
specified in writing.
17. 16. Indemnity
You agree to indemnify, defend and hold harmless
Spekxo and Our subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of or in
connection with Your (i) actual or alleged breach of these Terms of Use; (ii)
Your violation of any law or the rights of a third-party; (iii) usage of the
Platform; (iv) information provided by You; or (v) any fraud, misconduct,
negligence by You.
18.17. Governing Law and Dispute Resolution
These Terms of Use shall be governed by and
construed in accordance with the laws of the Republic of India and subject to
the provisions of arbitration set out herein, the courts at Chennai, India
shall have exclusive jurisdiction in relation to any Disputes (defined below)
arising out of or in connection with these Terms of Use subject to the
provisions of this Paragraph.
Any action, dispute or difference arising under
or relating to this Terms of Use (“Dispute”) shall at
the first instance be resolved through good faith negotiations between the
parties hereto, which negotiations shall begin promptly, within 15 (fifteen)
days after a party has delivered to the other party a written request for such
consultation. If the parties are unable to resolve the Dispute in question
within 15 (fifteen) days of the commencement of negotiations, such Dispute
shall be referred to and finally resolved by arbitration in accordance with the
Arbitration and Conciliation Act, 1996, as amended from time to time and rules
prescribed there under. When any Dispute is under arbitration, except for the
matters under dispute, Spekxo and You shall continue to exercise the remaining
respective rights and fulfill the remaining respective obligations under this
Terms of Use.
The arbitration shall be conducted by a sole
arbitrator jointly appointed by Spekxo and You. If parties fail to appoint an
arbitrator within 30 (thirty) days after service of the notice of arbitration,
such arbitrator shall be appointed in accordance with provisions of the
Arbitration and Conciliation Act, 1996.The venue of arbitration shall be at Chennai, India.
The language of the arbitration proceedings and
of all written decisions and correspondence relating to the arbitration shall
be English.
19. 18.Severability
If any term, provision, covenant or restriction
of these Terms of Use is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the terms, provisions,
covenants and restrictions of these Terms of Use shall remain in full force and
effect and shall in no way be affected, impaired or invalidated.
20. 19.No Waiver
The rights and remedies available under this
Terms of Use may be exercised as often as necessary and are cumulative and not
exclusive of rights or remedies provided by law. It may be waived only in
writing. Delay in exercising or non-exercise of any such right or remedy does
not constitute a waiver of that right or remedy, or any other right or remedy.
21. 20.General
Spekxo shall be entitled to assign their rights
and obligations hereunder to any affiliate, third party or as part of any
restructuring, business combination, merger or acquisition.
Any notice to be given in connection with these
Terms of Use shall be delivered via email to Spekxo at spekxo@gmail.com or to
You at the email address provided by You in Your profile. You consent to the
use of electronic communications in order to the electronic delivery of notices
in relation to any matter under these Terms of Use.
The language in this Terms of Use shall be
interrupted as to fair meaning and not strictly for or against either party.
To the extent that anything in or associated
with the Platform is in conflict or inconsistent with this Terms of Use, the
terms contained in this Terms of Use shall prevail.
Spekxo sells Products under various brands &
sub-brands.