Terms & Conditions
OVERVIEW
This agreement applies as between you, the Purchaser or User of this website, and Synapt Consulting, the owner(s) of this website. We deem your agreement to comply with and be bound by these Terms and Conditions to occur upon your first use of the website. If you do not agree to be bound by these Terms and Conditions, you should stop using the website immediately.
No part of this website is intended to constitute a contractual offer capable of acceptance. The Purchaser’s order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to the Purchaser indicating that the order has been fulfilled and has been dispatched.
Definitions and Interpretation
In this Agreement the under-mentioned terms shall have the following meanings:
“Account” | means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Webstore; |
“Carrier” | means any third party responsible for transporting purchased Goods from our Premises to customers; |
“Content” | means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this website; |
“Goods” | means any products or that Synapt Consulting advertises and / or makes available for sale through this website; |
“Payment Information” | means any details required for the purchase of Goods/Services from this Webstore. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes; |
“Purchase Information” | means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form; |
“Purchaser” | means any customer (person or business) that buys Goods from Synapt Consulting from this website; |
“Premises” | means our place(s) of business located at https://synaptconsult.com; |
“Service” | means collectively any online facilities, tools, services or information that Synapt Consulting makes available through the website either now or in the future; |
“System” | means any online communications infrastructure that Synapt Consultingmakes available through the website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
“Synapt Consulting“ | means and denotes https://synaptconsult.com; |
“User” / “Users” | means any third party that accesses the website and is not employed by Synapt Consulting and acting in the course of their employment; and |
“Website” | means the Webstore that you are currently using (https://synaptconsult.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions. |
Third Party Intellectual Property
Links to Other Websites
Use of Communications Facilities
When using any of the web form or any other System on the website you should do so in accordance with the following rules:
a: Obscene or vulgar language must not be used;
b: Content that is unlawful or otherwise objectionable must not be submitted. This includes, but is not limited to, content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
c: Content that is intended to promote or incite violence must not be submitted;
d: It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
e: The means by which Users identify themselves must not violate these Terms and Conditions or any applicable laws;
f: Users must not impersonate other people, particularly employees and representatives of Synapt Consulting or our affiliates;
g: Our System must not be used for unauthorized mass-communication such as “spam” or “junk mail”.
h: You acknowledge that Synapt Consulting reserves the right to monitor any and all communications made to us or using our System.
i: You acknowledge that Synapt Consulting may retain copies of any and all communications made to us or using our System.
j: You acknowledge that any information you send to us through our System or post using the Contact form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
Optional Tools
1: We may provide you with access to third-party tools over which we neither monitor nor have any controls or input.
2: 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 and without any endorsement. We shall have no liability, whatsoever, arising from or relating to your use of optional third-party tools.
3: Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
4: We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Right to Refuse, Accuracy of Billing and Account Information
We reserve the right to refuse any order/subscription you place with us. You agree to provide current, complete and accurate purchase and account information for all purchases/subscriptions made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
User Comments, Feedback and Other Submissions
1: If, at our request, you send certain specific submissions (for example blog comments) 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. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
2: We may, but have no obligation to, 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 or these Terms of Service.
3: You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. 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.
Errors, Inaccuracies, and Omissions
1: Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
2: We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Prohibited Use
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the website 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. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Indemnification
You agree to indemnify, defend and hold Synapt Consulting and our parent, 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 your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Termination and Cancellation
1: Either Synapt Consulting or a User may terminate an Account. If Synapt Consulting terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
2: Synapt Consulting reserves the right to cancel purchases/subscriptions without stating reasons, for any reason prior to processing payment and dispatch.
3: If purchases are cancelled for any reason prior to dispatch, Purchasers will be refunded any monies paid in relation to those purchases.
4: If a user terminates their Account, any non-dispatched purchases will be cancelled and a full refund of any monies paid in relation to those purchases will be paid through the payment method used when the Products were purchased.
Payment
1: Any and all invoices are due for payment on the date shown on the invoice, unless alternative arrangements have been agreed between the Purchaser and Synapt Consulting.
2: Interest will be charged on a daily basis for any overdue payments, commercial interest at 8% above the base rate of the Banks obtaining at the time.
Products/Services, Pricing, and Availability
1: Whilst every effort has been made to ensure that all descriptions of Products/Services available from Synapt Consulting correspond to the actual deliverable, Synapt Consulting is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.
2: Where appropriate, you may be required to select the required subscription period of the digital service that you are subscribing.
3: All pricing information on the website is correct at the time of going online. Synapt Consulting reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated every 30 Days.
4: In the event that prices are changed during the period between an order being placed for Products/Services and Synapt Consulting processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
5: All prices on the website product/service page DO NOT include GST unless otherwise specified.
Privacy
Use of the website is also governed by our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link.
Changes to the Service and these Terms and Conditions
Synapt Consulting reserves the right to change the website, its Content or these Terms and Conditions at any time. Users and Purchasers will be bound by any changes to the Terms and Conditions from the first time the website is used by them following the changes. If Synapt Consulting is required to make any changes to Terms and Conditions relating to sale of Products/Services by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by Purchasers in the future.
Availability of the Website
1: The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
2: Synapt Consulting accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
1: To the maximum extent permitted by law, Synapt Consulting accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the website or any information contained therein. Users should be aware that they use the website and its Content at their own risk.
2: Nothing in these Terms and Conditions excludes or restricts Synapt Consulting’s liability for death or personal injury resulting from any negligence on the part of Synapt Consulting.
3: Nothing in these Terms and Conditions excludes or restricts Synapt Consulting’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Products/Services or out of reliance on incorrect information included on the website.
4: Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Previous Terms and Conditions
These Terms and Conditions and any policies or operating rules posted by us on this website or in respect to the Service constitutes 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 and Conditions).
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is strictly between you and Synapt Consulting.
Notices
1: All notices / communications shall be given to us by email to [email protected]. Such notice will be deemed received if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
2: Synapt Consulting may from time to time send you information about our products and services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Synapt Consulting shall be governed by and construed in accordance with the Law of India and Synapt Consulting and you agree to submit to the exclusive jurisdiction of the Courts of India.
Force Majeure
Under no circumstances shall Synapt Consulting be held liable for any delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
Disclaimer
1: Synapt Consulting makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
2: No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
3: No part of this website is intended to constitute a contractual offer capable of acceptance.
4: Whilst Synapt Consulting uses reasonable endeavors to ensure that the website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
5: Synapt Consulting will not be responsible for the leakage of personal information caused by other sites linked to this site and any legal disputes and consequences resulting from the same.
6: Synapt Consulting shall announce in advance if it is required to suspend its service for maintenance or upgrade of the system. Synapt Consulting is not responsible for any inconvenience and loss during the suspension of service.
7: The Users and Purchasers of this website shall be responsible for any consequences of the violation of the provisions of this statement.
8: Any issue not covered by this statement shall refer to relevant laws and regulations of India and the international law. When the statement is in conflict with the relevant laws and regulations, the national laws and regulations shall prevail.
Synapt Consulting reserves the right to explain this statement in the scope of the law, and has the right to amend this statement at any time.
