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Terms of use

Last updated on - 3rd July 2011.

Welcome to the GroupByte website located at www.groupbyte.com ("Website"). This Website is owned and operated by Kredence Enterprises Pvt.Ltd., doing business as GroupByte ("GroupByte").

These terms and conditions of use of the Website ("Terms of Use") between GroupByte and the users / registrants of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which GroupByte offers You access to the Website and the Services (as defined below) through the Website.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING FOR THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

IF YOU DO NOT AGREE WITH THE TERMS OF USE, DO NOT USE THE WEBSITE.
Acceptance of terms of use
  • By (i) using this Website or any facility, resource or service provided by this Website in any way; or (ii) merely browsing the Website, You agree that You have read, understood and agreed to be bound by these Terms of Use and the Website’s Online Privacy Policy available at www.groupbyte.com - terms of use section which is incorporated herein by reference.
  • GroupByte makes certain Services (defined below) available to You through the Website only if You have provided GroupByte certain required User information and/or created a GroupByte ID and password or other log-in ID and password (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, uploaded guidelines, rules, or additional terms of service, if any ("Additional Terms"). If there is any conflict between the Terms of Use and the Additional Terms, the Additional Terms shall take precedence in relation to that Service.
  • By using the Website, You agree to the Terms of Use and the Additional Terms. GroupByte may make changes to the Terms of Use, the Additional Terms, etc., from time to time at GroupByte’s sole discretion, including by way of imposing an additional charge for access to or use of a Service. GroupByte shall not be required to notify You, whether as a registered user or not, of any changes made to the Terms of Use. The revised Terms of Use shall be made available on the Website. Your use of the Website and the Services is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit www.groupbyte.com to view the most current Terms of Use. You can determine when GroupByte last modified the Terms of Use by referring to the "LAST UPDATED" legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. GroupByte may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Website and/or the Services provided on the Website. If no such separate consent is sought, Your continued use of the Website, following changes to the Terms of Use, will constitute Your acceptance of those changes.
Use of services
  • The Services shall be available to Users
    • through a registration process, by furnishing Account Information and creating an account with the Website prior to use of the Services; or
    • without the requirement of registration on the Website, wherein the Users shall be required to furnish Account Information prior to use of the Services.
  • GroupByte is an e-commerce website that provides facility and resources ("Service")that enables You to procure branded merchandise at a discounted price, by aggregating Your individual requirements and bulk sourcing them from GroupByte’s registered merchants/vendors ("Vendor"). The Website endeavors to give You access to the best products at a huge discount.
  • To achieve this goal, GroupByte has provided different processes (each a "Process") to procure products offered on the Website ("Product") at optimum prices from the Vendors:
    • Group Up for Deals: Opting to process Your requirements through customised bargains, where GroupByte negotiates on Your behalf with the Vendor for specific group sizes and the specific product requirements.
    • Wish List: Choosing to invite offers from multiple vendors and selecting the one that's best. However, in order to avail the optimum prices for You, GroupByte may negotiate the prices of specific products inYour Wish List -through the process of Group Up for Deals; and
    • Deals: Selecting from the showcase of pre-negotiated deals for a particular product at a given price for given group size within a specific time frame.
  • The Services are intended for general visitors. You acknowledge that as the Services will evolve over time, GroupByte has the right to change or discontinue any Service at any time, without notice. You further acknowledge that GroupByte may add new Processes and/or modify the Processes at any time to adapt to changes that GroupByte may make to the Services.GroupByte reserves the right to make modifications and alterations in the information contained in the Services without notice. In order to maximize capacity for the benefit of all GroupByte’s users, GroupByte may impose general operating rules for any Service, such as, establishing limits on storing, uploading or downloading any data. You agree that GroupByte shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
  • You agree and acknowledge that GroupByte is not the seller of the Products and GroupByte shall in no manner be deemed to be the seller of the Products.GroupByte is only facilitating purchase of the Products by You from the Vendor by providing the Services to You.
GroupByte E-cash
  • In furtherance of the Services provided and the Eligibility Criteria stated herein, You may receive cash vouchers ("GroupByte e Cash") which have a specific monetary value and can be used for a specific time period and to purchase additional Products ONLY during:
    • Specific deals announced by GroupByte; and
    • Specific promotional events announced by GroupByte.
  • You acknowledge that the amount offered in GroupByte e Cash shall be at the sole discretion of Groupbyte.
Pricing information
  • Groupbyte strives to provide You with the best prices possible on products You buy through Groupbyte. However, Groupbyte does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice.
  • While Groupbyte strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Groupbyte may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Groupbyte will have the right to modify the price of the product and contact You for further instructions using the e-mail address provided by You during the time of registration, or cancel the order and notify You of such cancellation. In the event that Groupbyte accepts Your order the same shall be debited from Your credit card account. The payment will be processed prior to Groupbyte dispatch of the product that You have ordered. If Groupbyte has to cancel the order after Groupbyte has processed the payment, the said amount will be reversed to Your credit card account.
Payment of advance
  • On confirmation of purchase of a Product by way of a confirmation mail sent by You and a telephonic confirmation made by You, You shall be required to pay a percentage of the discounted price of the Product (the "Advance") to Groupbyte immediately on confirmation of the purchase of the Product by You.You agree that any request for refund of Advance by You, after confirmation of purchase of the Product, shall not be entertained by Groupbyte. However, if on confirmation of purchase of the Product, the Vendor is unable to secure the Product with the given specifications, You are entitled to receive a full refund of the Advance paid by You.
Credit card details
  • You agree, understand and confirm that the credit card details provided by You for availing of services from Groupbyte will be correct and accurate and You shall not use the credit card which is not lawfully owned by You, i.e. in a credit card transaction, You must use Your own credit card. You further agree and undertake to provide the correct and valid credit card details to Groupbyte. Further the said information will not be utilized and shared by Groupbyte with any of the third parties unless required for fraud verifications or by law, regulation or court order. Groupbyte will not be liable for any credit card fraud and the onus to 'prove otherwise' shall be exclusively on You.
Purchase confirmation E-coupon
  • On making payment of the Advance, You will be issued a receipt ("Purchase Confirmation E-coupon") which must be presented to the Vendor and on payment of the remainder of the discounted price of the Product (discounted price less the Advance), You can complete purchase of the Product and seek delivery of the Product. The discounted price stated in the Purchase Confirmation E-coupon shall be exclusive of applicable taxes. You shall be required to pay all applicable taxes over and above the discounted price.
  • You are required to present the Purchase Confirmation E-coupon to the Vendor prior to the expiration date mentioned on the Purchase Confirmation E-coupon. If You are unable, for any reason whatsoever, to redeem the Purchase Confirmation E-coupon prior to the expiration date, Groupbyte shall not be responsible to reimburse You for the Advance.
  • Groupbyte shall not, at any cost, be responsible or liable in case You lose, misplace or destroy the Purchase Confirmation E-coupon issued to You by the Website.
  • The Purchase Confirmation E-coupon shall have no cash value and Yous hall not entitled to encase the same for the Advance paid prior to the issuance of the Purchase Confirmation E-coupon, at any time.
  • You agree that the Purchase Confirmation E-coupon issued is specific to the Product selected and cannot be used for the purchase of any other Product or combined with any other promotional offers.
Cancellation
  • Cancellation by Groupbyte

    There may be certain orders that Groupbyte is unable to accept and must cancel. Groupbyte reserves the right, at Groupbyte's sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, inaccuracies or errors in product or pricing information, or problems identified by Groupbyte’s credit and fraud avoidance department. Groupbyte may also require additional verifications or information before accepting any order. Groupbyte will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order.

  • Cancellation by the User

    In case of requests for order cancellations, Groupbyte reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Groupbyte receives a cancellation notice and the order has not been processed / approved by Groupbyte, Groupbyte shall cancel the order and refund the entire amount to you within a reasonable period. Groupbyte will not be able to cancel orders that have already been processed. Groupbyte has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Groupbyte and accept Groupbyte’s decision regarding the cancellation.

Failure to sell by the vendor
  • In the event the Vendor fails to complete sale of the Product when presented by You with a valid Purchase Confirmation E-coupon, for no fault of Yours, the Vendor shall be liable to give You credit to the extent of the discount on the Product (difference between the maximum retail price of the Product and the discounted price stated in the Purchase Confirmation E-coupon), by adjusting such discount towards alternative Product(s) You may opt to purchase from the Vendor catalogue available on the Website. You however agree that such adjustment of discount shall be towards any Products offered by the same Vendor who is in default under this Clause. In an event where You may not opt to purchase any other Product from the Vendor catalogue, You shall receive a full refund of the Advance amount paid to Groupbyte.
Eligibility to use
  • The Services are not available to minors under the age of 18 or to any Users suspended or removed from the system by Groupbyte for any reason. If You do not qualify, You shall not be permitted to avail of the Services or use the Website.
  • Groupbyte reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
Eligibility for registration
  • The registration process is not available to minors under the age of 18 and use of a registered account is not available to any Users suspended or removed from the system by Groupbyte for any reason. Groupbyte reserves the right to refuse access to register at the Website or to terminate a registered account of an existing User at any time without according any reasons for doing so.
  • You shall not have more than one active account on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Groupbyte account to another party.
Ownership
  • The Website and the Processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Groupbyteand the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
  • The trademarks, logos and service marks displayed on the Website ("Marks") are the property of Groupbyte or their Vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Groupbyte, the Vendor or the third party that may own the Marks.
  • Except as expressly provided in these Terms of Use, no part of the Website and no Process, Content or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Groupbyte’s express prior written consent.
Your account information
  • As provided above, in order to avail of the Services, You may be required to provide certain Account Information about Yourself as part of the registration process for the Service, or as part of Your use of the Services in the event You choose not to avail of the registration process.
  • If You avail of the Services with/without registering at the Website, You agree that Your Account Information will be complete, accurate and up-to-date. You may not use another person’s Account Information.
  • Groupbyte may require that You change Your Account Information or certain parts of Your Account Information at any time without assigning any reasons. It is Your responsibility to keep Your Account Information confidential at all times and You are solely responsible for all activity that occurs in Your Account Information, including all activity that occurs in Your account as a result of Your failure in keeping Your Account Information secure and confidential. If You become aware of any unauthorized use of Your account or Account Information, or any other breach of security, You agree to notify Groupbyte immediately. You may be held liable for losses incurred by Groupbyte or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account Information or password as a result of Your failure in keeping Your Account Information secure and confidential.
  • In consideration of Your use of the Website, You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about Your self as prompted by the Website's registration form. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Groupbyte has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Groupbyte has the right to suspend or terminate Your account and refuse any and all current or future use of the Website (or any portion thereof).
Use of the website
  • Subject to compliance with the Terms of Use, Groupbyte grants You a personal, non-exclusive, limited privilege to access and use this Website and the Services and Processes provided thereon.
  • You agree to use the Website, the Services and material only for purposes that are permitted by: (a) these Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
  • You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the vendor catalogues) that You access from the Website.
  • You agree not to access (or attempt to access) the Website and/or the materials or Services and Processes by any means other than through the interface that is provided by Groupbyte. You shall not use any deep-link, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any material or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  • You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any Groupbyte server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means.
  • You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Groupbyte, including any Groupbyte account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website.
  • You agree not to use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  • You shall not manipulate identifiers in order to disguise the origin of any message or transmission You send to Groupbyte on or through the Website or any Service offered on or through the Website. You shall not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
  • You shall not use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Groupbyte or other third parties.
  • You agree that You will not engage in any activity that interferes with or disrupts access to the Website, the Processes or the Services (or the servers and networks which are connected to the Website).
  • You agree that You, not Groupbyte, are entirely responsible for all of the material that You distribute, perform, display, upload, post, email, transmit or otherwise make available on or through the Services. You assume all risks associated with use of Your material/information, including any reliance on its accuracy, completeness or usefulness.
  • You acknowledge and agree that by accessing or using the Website, Services, Processes or materials, You may be exposed to materials from others that You may consider offensive, indecent or otherwise objectionable and hereby do waive any legal or equitable rights or remedies You have or may have against Groupbyte with respect thereto, and agree to indemnify and hold Groupbyte, its affiliates, its Vendors, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your use of the Website.
  • You agree not to use, or to encourage or permit others to use, the Website to:
    • Make available any material that infringes any intellectual property right or other proprietary right of any party;
    • Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
    • Manipulate identifiers to disguise the origin of any of materials posted on or transmitted through the Website;
    • Engage in any chain letters, contests, junk email, pyramid schemes, spamming, surveys or other duplicative or unsolicited messages (commercial or otherwise);
    • Use any Groupbyte domain name as a pseudonymous return email address;
    • Make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
    • Access or use the Website in any manner that could damage, disable, overburden or impair any Groupbyte server or the networks connected to any Groupbyte server;
    • Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Website, violate any requirements, procedures, policies or regulations of networks connected to the Website, or engage in any activity prohibited by these Terms of Use;
    • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, Processes, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
    • Disrupt, interfere with, or inhibit any other user from using and enjoying access to the Website, Services, Processes or materials, or other affiliated or Linked Sites, Websites, Services, Processes or materials;
    • Access or attempt to access any material that You are not authorized to access; and
    • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Clause.
  • You agree that You are solely responsible to Groupbyte and to any third party for any breach of Your obligations under the Terms of Use and for the consequences (including any loss or damage which GroupByte or its affiliates or its Vendors may suffer) for any such breach.
  • You agree that GroupByte may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
Use of materials
  • Except as expressly indicated to the contrary in any applicable Additional Terms, GroupByte hereby grants You a non-exclusive, freely revocable (upon notice from GroupByte), non-transferable access to view, download and print the Processes, vendor catalogues or any other materials available on the Website, subject to the following conditions:
    • You may access and use the materials solely for personal, informational, and/or internal purposes, in accordance with the Terms of Use;
    • You may not modify or alter the Processes, vendor catalogues or any other materials available on the Website;
    • You may not distribute or sell, rent, lease, license or otherwise make the Processes, vendor catalogues or any other materials available on the Website available to others; and
    • You may not remove any text, copyright or other proprietary notices contained in the Processes, vendor catalogues or any other materials available on the Website.
    • The rights granted to You in the Processes, vendor catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The Processes, vendor catalogues or any other materials available on the Website may be copied or retransmitted unless expressly permitted by GroupByte.
    • Any software that is available on the Website is the property of GroupByte and/or its Vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of GroupByte.
Third party content
  • The Website makes available general third party information such as,vendor catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the Products and other data from external sources ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable, but GroupByte does not provide any guarantee with respect to any the Third Party Content. You agree not to hold GroupByte liable for any loss suffered by You based on Your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.
Modifications to website, services and processes
  • GroupByte may at any time and from time to time modify or discontinue, temporarily or permanently, the Website, Services or Processes, or any portion thereof, with or without notice. You agree that GroupByte shall not be liable to You or any third party for any modification, suspension or discontinuance of the Website, Services or Processes.
Investigations
  • Although GroupByte does not generally monitor user activity occurring in connection with the Website, if GroupByte becomes aware of any possible violations by You of any provision of the Terms of Use, GroupByte reserves the right to investigate such violations, and GroupByte may, at its sole discretion, immediately terminate Your privilege to access the Website and use the Servicesor change, alter or remove Your material or Account Information, in whole or in part, without prior notice to You. If, as a result of such investigation, GroupByte believes that criminal activity has occurred, GroupByte reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable law, GroupByte is entitled to retain and/or disclose any information or materials, including Your material or Account Information (or elements thereof), in GroupByte’s possession in connection with Your use of the Website to (i) comply with applicable law, legal process or governmental request; (ii) enforce the Terms of Use; (iii) respond to any claims that Your material violates the Terms of Use or rights of third parties; (iv) respond to Your requests for customer services; or (v) protect the rights, property or personal safety of GroupByte, its users or third parties, including the public at large, as GroupByte,in its sole discretion, believes to be necessary or appropriate.
Termination
  • The Terms of Use will continue to apply until terminated by either You or GroupByte as set forth below. If You want to terminate Your agreement with GroupByte, You may
  • GroupByte may, at any time,with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
    • You breach any of the provisions of the Terms of Use, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
    • GroupByte is required to do so by law (for example, where the provision of the Services toYou is, or becomes, unlawful);
    • The provision of the Services to You by GroupByte is, in GroupByte’s opinion, no longer commercially viable;
    • GroupByte has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
    • Your account that been inactive for a continuous period of two (2) years.
  • GroupByte may also terminate or suspend all or a portion of Your account and/or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your account (or any part thereof); and (iii) barring of further use of the Services.
  • You agree that all terminations shall be made in GroupByte’s sole discretion and that GroupByte shall not be liable to You or any third party for any termination of Your account (and accompanying deletion of Your Account Information), or Your access to the Website, Services and Processes.
Disclaimer of warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • THE WEBSITE, SERVICES,PROCESSES AND OTHER MATERIALS ARE PROVIDED BY GroupByte ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GroupByte MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE, SERVICES,PROCESSES OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES,PROCESSES OR OTHER MATERIALS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GROUPBYTE OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
  • GROUPBYTE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES ON THE WEBSITE AND YOUR USE OF THE PROCESSES. ANY USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE SERVICES. GROUPBYTE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.
  • GROUPBYTE DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS (INCLUDING BUT NOT LIMITED TO VENDOR CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. GROUPBYTE MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES. ANY TRANSACTIONSTHAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROUPBYTE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. GROUPBYTE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
  • GROUPBYTE WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES OR PROCESSES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.
  • GROUPBYTE WILL NOT BE LIABLE AND SHALL NOT TAKE RESPONSIBILITY IF YOU LOOSE OR MISPLACE OR IN ANY MANNER DESTROY THE PURHCASE CONFIRMATION E COUPON ISSUED TO YOU BY GROUPBYTE. GROUPBYTE SHALL IN ITS SOLE DISCRETION DECIDE TO EITHER ISSUE A COPY OF THE PURCHASE CONFIRMATION E COUPON.
  • GROUPBYTE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECT IN THE PRODUCT PURCHASED BY YOU FROM THE VENDOR AND Groupbyte SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED/TO BE PURCHASED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION E COUPON.
  • GROUPBYTE SPECIFICALLY DISCLAIMS ANY LIABILITY IF YOU DO NOT PURCHASE THE PRODUCT FROM THE VENDOR AFTER PAYEMNT OF THE ADVANCE TO GROUPBYTE.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO THE EXTENT OF SUCH EXCLUSIONS.
International users

The Website is controlled, operated and administered by Groupbyte from its offices in India. GroupByte makes no representation that the Website, Services,Processes or materials available on the Website are appropriate or available for use at other locations outside India, and access to the Website from jurisdictions where the Services are illegal is prohibited. GroupByte reserves the right to block access to the Website by certain international users. If You access the Website from a location outside India, You are responsible for compliance with all local laws.

Limitation of liability
  • IN NO EVENT SHALL GROUPBYTE, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT GROUPBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
  • GROUPBYTE SHALL NOT ASSUME ANY LIABILITY FOR THE NON-AVAILABILITY OF THE PRODUCT, DELIVERY OF THE PRODUCT AND/OR THE INSTALLATION OF THE PRODUCT WHERE REQUIRED OR ANY ACTION OR INACTION THAT MIGHT BE TAKEN BY THE CUSTOMER OR THE VENDOR AFTER ISSUE OF THE PURCHASE CONFIRMATION E COUPON TO THE CUSTOMER.
  • IN CASE THE LAW PROHIBITS COMPLETE EXCLUSION OF LIABILITY AS ABOVE, GROUPBYTE’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH THESE TERMS OF USE SHALL BE THE AGGREGATE AMOUNT PAID BY YOU TOWARDS THE ADVANCE FOR THE TRANSACTION UNDER WHICH THE LIABILITY HAS ARISEN. THIS LIMITATION WILL APPLY EVEN IF GROUPBYTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
  • THE LIMITATIONS AND EXCLUSIONS IN THIS CLAUSE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.
Notification of copyright infringement
  • GroupByte respects the intellectual property rights of others, and expects its users to do the same. GroupByte may, in its sole discretion, terminate Your account if You violate others’ intellectual property rights.
  • If You believe that Your work has been copied in a way that constitutes infringement on the Website, please provide the following information to GroupByte’s copyright agent:
    • an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
    • a description of the copyrighted work that You claim has been infringed;
    • a description of where the material that You claim is infringing is located on the Website;
    • Your address, telephone number, and email address;
    • a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
  • GroupByte’scopyright agent for notice of claims of copyright infringement can be reached as follows:

    By mail:
    Grievance Officer
    (GroupByte)
    Address: 4/A-1, Court Chambers, 35, New Marine Lines, Mumbai - 400020, India.
    By email: greviance@GroupByte.com
    By telephone: 022-22032316

  • The copyright agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Website or on websites linked to or from the Website, or in connection with the Services or materials. All other inquiries directed to the copyright agent will not be responded to. Such inquiries should be made through the feedback procedure referenced at the end of this document.
Indemnity

You agree to indemnify and hold GroupByte, its officers, directors, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against GroupByte by any third party due to, or arising out of, or in connection with,Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

Violation of the terms of use
  • GroupByte may disclose any information GroupByte may have about You (including Your identity) if GroupByte determines that such disclosure is necessary in connection with any investigation or complaint regarding Your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) GroupByte’s rights or property, or the rights or property of visitors to or users of the Website, including GroupByte’s customers. GroupByte reserves the right at all times to disclose any information that GroupByte deems necessary to comply with any applicable law, regulation, legal process or governmental request. GroupByt ealso may disclose Your information when GroupByte determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
  • You acknowledge and agree that GroupByte may preserve any communication by You with GroupByte through the Website or any Service, and may also disclose such data if required to do so by law or if GroupByte determines that such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Use; (3) respond to claims that any such data violates the rights of others; or (4) protect the rights, property or personal safety of GroupByte, its employees, users of, or visitors to, the Website, and the public.
  • You agree that GroupByte may, in its sole discretion and without prior notice, terminate Your access to the Website and/or block Your future access to the Website if GroupByte determines that You have violated these Terms of Use or other agreements or guidelines which may be associated with Your use of the Website. You also agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to GroupByte, for which monetary damages would be inadequate, and You consent to GroupByte obtaining any injunctive or equitable relief that GroupByte deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies GroupByte may have at law or in equity.
  • You agree that GroupByte may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by You (self-initiated account deletions); (3) discontinuance or material modification of the Website or any service offered on or through the Website; or (4) unexpected technical issues or problems.
  • If GroupByte does take any legal action against You as a result of Your violation of these Terms of Use, GroupByte will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GroupByte. You agree that GroupByte will not be liable to You or to any third party for termination of Your access to the Website as a result of any violation of these Terms of Use.
Resolution of disputes
  • The Website, the Terms of Use, all transactions entered into on or through the Website and the relationship between You and GroupByte shall be governed by and construed in accordance with the laws of India,without regard to conflict of laws principles thereof.
  • You agree that all claims, differences and disputes arising under or in connection with or pursuant to the Website, the Terms and Conditions, any transactions entered into on or through the Website or the relationship between You and GroupByte shall be subject to the exclusive jurisdiction of the competent courts located in the city of Mumbai and You hereby accede to and accept the jurisdiction of such courts. Provided that, notwithstanding what is stated above, if GroupByte so thinks fit GroupByte may institute proceedings against You in any other court or tribunal having appropriate jurisdiction.
  • Notwithstanding the foregoing, in the event of Your or others’ unauthorized access to or use of the Website, the Services,the Processes or any other material available at the Website, in violation of the Terms of Use, You agree that GroupByte shall be entitled to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
General
  • Any notice, other than the copyright notice, provided to GroupByte pursuant to the Terms of Use should be sent to greviance@GroupByte.com
  • The Terms of Use constitute the entire agreement between GroupByte and You with respect to Your access to or use of the Website and supersede any prior agreements between You and GroupByte on such subject matter.
  • You may not assign or otherwise transfer the Terms of Use, or any right granted hereunder, without GroupByte’s written consent. GroupByte’s rights under the Terms of Use are freely transferable by GroupByte.
  • If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
  • Any failure by GroupByte to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by GroupByte of that provision or right.
  • Please report any violations of the Terms of Use via the report abuse mechanism offered in conjunction with the specific Service in which the alleged violation occurs.
Feedback and information

Any feedback You provide to this Website shall be deemed to be non-confidential. GroupByte shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain the confidential or proprietary information of You or of third parties; (ii) GroupByte is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) GroupByte may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from GroupByte for the feedback under any circumstances.

The information contained on this Website is subject to change without notice. Copyright © [•] All rights reserved.

Kredence Retail Solutions Pvt. Ltd., 4/A-1, Court Chambers, 35, New Marine Lines, Mumbai 400020, India.