Terms & Conditions
Terms And Conditions Policy

1. DEFINITIONS

These Terms of Use (the “Terms”) govern your relationship with Fraxotic Innovations Pvt Ltd. and its subsidiaries and affiliates (hereinafter collectively referred to as “Fraxotic”, “We”, “Us” or “Our”) and set forth the terms and conditions under which Fraxotic makes available its website https://www.Fraxotic.com/ (the “Site”) and/or mobile application Fraxotic (the “Application”), collectively known as “Services”, to each person (the “User” or you) assessing or using the Services. By using the Services, you signify your affirmative acceptance of the term of use, you hereby represent that:
  • You have read, understood, and agree to be bound by this term of use and any future amendments and additions to this term of use as published from time to time.
  • You are of legal age in the jurisdiction in which you reside to form a binding contract with Fraxotic.

This Agreement applies to Fraxotic Innovations Pvt. Ltd. and its subsidiaries and affiliates.

The terms “you,” “user” and “users” refer to all individuals and other persons who access or use of our Services, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the services through their respective employees, agents or representatives. Except as otherwise provided herein,

General Information

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“Agreement”) CAREFULLY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF USE MENTIONED BELOW.

IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE OUR SERVICES.

  • These terms and condition of Use constitute a legally binding Agreement between you and Fraxotic regarding your use of the Services.These Terms and Conditions of Use (“Terms,” including our Privacy Policy, all other policies, and End User License Agreement on our Website) define the terms and conditions under which you are allowed to use our services, and how we will treat your account with us.

2. ASSENT & ACCEPTANCE

By using the Website, you warrant that you have read and reviewed these Terms of Service and that you agree to be bound by it. If you do not agree to be bound by these Terms of Service, please leave the Website immediately. The Owner only agrees to provide use of this Website and Services to you if you assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.

Definitions “Intellectual Property Rights” mean and include without limitation all copyrights, patents, trademarks, trade secrets and other related documents and shall remain, the sole and exclusive property of Fraxotic. “Third parties” include but are not limited to the developer, hosting, google analytics & search engine providers, payment providers. “User(s)” (hereinafter collectively referred to as “You”, “Your”, “User”), mean our user(s) who use our Services “User Content” means all electronic data, text, messages or other materials, including personal data of Users, submitted to the Service(s) by You in connection with Your use of the Service(s). “Applicable Data Protection Law” means the General Data Protection Law, Data Protection Act and Personal Data Protection Bill.

3. ABOUT THE SITE

The Website is an online store which carries out sale of the following: Vending Machines, Spare Parts of Vending Machine, Incinerator Machine, and its Spare Parts, Also the mobile applications and Vending Machines launched by the company can sell any products via vending machine. We reserve the right to refuse service or refuse to sell the products on the Website and Via Vending Machines at our sole discretion to anyone for any reason at any time.  The Website does not screen or censor the users who register on and access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.

4. LICENSE TO USE WEBSITE


The Owner may provide You with certain information as a result of Your use of the Website or Services. Such information may include but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the Website or Services (“Owner Materials”). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the Website and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the Website or Services or at the termination of these Terms of Service.  You agree not to collect contact information of other Users from the Website or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.  Any unauthorized use by you shall terminate the permission or license granted to you by the Website and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the Website.  

Services: The Services of Fraxotic Include services in the field of the unattended vending machines but not limited to: Login in our Application by entering User personal data such as name, email address, phone number Scanning the QR code – to scan the QR code we seek permission from User to use the camera of your mobile device Once the connection is established User will be able to see the inventory list available in the unattended vending machine. The User shall select the product they want to purchase Once the selection is done, the User needs to make the payment towards the product Once the payment is received the product will automatically dispense from the vending machine User acknowledges and understands that our Services require an internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. User shall have no claim or demand towards Fraxotic regarding the aforesaid. The Services provided by Fraxotic shall be included but not limited to technology platforms such as Application or that shall enable the users to submit their User data for using the Application wherein a user can provide their user data and use the services by paying for the product. It should be clarified that Users’ use of the Application shall be governed by their end-user license agreement with Fraxotic, and in the case of any discrepancy between these Terms and such affirmative agreement, the affirmative agreement shall prevail. 

Eligibility: To use our services, you must: be at least Eighteen (18) years old if you reside in India, complete the Application registration process agree to the Terms and provide true, complete, and up to date contact information. By using our services, you represent and warrant that you meet all the requirements listed above and that you won’t use our services in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) 

Registration and User Account Use of the Services requires registration and creation of a personal service account and you are prohibited from selling, assigning or transferring your account to any third party. When you register with the Service, you will be under the obligation to provide us with certain contact and personal details. If applicable we will ask you to provide us with the necessary information of your Payment Method, to enable you to load prepaid funds to your Service account. You must submit only true, accurate and complete details, false, incorrect or outdated information may prevent you from registering and impair our ability to provide you with our Services, and contact you and you are fully accountable for any outcome resulting from such failure Contractual Relationship. 

Fraxotic may terminate any of these terms or any services with respect to you, or generally, cease offering or deny access to the services or any portion thereof, at any time for any reason. Our collection and use of User information in connection with the services is as provided in Fraxotic Privacy Policy In case of incorporation of any new legislation or any amendments to the existing legislation governing data of any individual, some of the clauses of this Agreement may either be updated or deleted without any notice, to comply with the said provisions of the applicable legislation. Hence, it is advisable to check this Agreement from time to time. You agree to review these Terms of Use periodically and your continued use of our Services following such modifications will indicate your acceptance of these modified terms of use.  

5. INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents and other intellectual property (“Owner IP”). You agree that the Owner owns all right, title and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner.  a) In order to make the Website and Services available to You, You hereby grant the Owner a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload or otherwise make available to the Website (“Your Content”). The Owner claims no further proprietary rights in Your Content.

Third Party Intellectual Property Rights: Fraxotic deeply respects the third-party intellectual property rights that may be implicated in providing Services. Fraxotic shall not claim any right over third-party intellectual property rights in any way whatsoever. 

Notice of Copyright or other Intellectual Property Infringement: Please notify us if you believe any of your intellectual property rights have been infringed by a User of our services. Please email wecare@Fraxotic.com for complaints and customer service inquiries.      

6. USER OBLIGATIONS

As a user of the Website or Services, you may be asked to register with Us. When You do so, you will choose a user identifier, which may be Your email address or another term, as well as a password. You may also provide personal information, including, but not limited to, Your name. You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party and if You discover that your identifying information has been compromised, you agree to notify Us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes to Your identifying information. The billing information You provide us, including credit card, billing address and other payment information, is subject to the same confidentiality and accuracy requirements as the rest of Your identifying information. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of these Terms of Service. The Owner reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

7. PAYMENT & FEES

Should You register for any of the paid Services on this website or purchase any product or service on this website, You agree to pay Us the specific monetary amounts required for that product or those Services. These monetary amounts (“Fees”) will be described to You during Your account registration and/or confirmation process. The final amount required for payment will be shown to You immediately prior to purchase. Payment for any on-going Services is billed automatically until You notify Us that You would like to terminate Your access to the Services.  We reserve the right to refuse service or refuse to sell the products on the Website at our sole discretion to anyone for any reason at any time.

Payment and Commercial Terms: You agree to pay all charges associated with the product. Fraxotic offers multiple payment options to you on the Application which are collected on behalf of the Seller, upon authorization. You can make an online payment using your credit card, debit card, net banking, or through UPI or any other payment gateway. (Please note we do not store your payment details i.e. card number, expiry date, bank username and password or any other details) If for any reason, your payment is not received by Fraxotic, we shall not deliver the product to you. In case the payment is received for the product and the product is not dispensed from the unattended vending machine, User shall raise this discrepancy to Fraxotic, Fraxotic in return shall furnish User with a token number associated with the discrepancy. Fraxotic after investigating the complaint raised by the User shall process the refund in accordance with their Return and Refund Policy.

8. ACCEPTABLE USE

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services or general business of the Owner.  

a) You further agree not to use the Website or Services:  

I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;  

II) To violate any intellectual property rights of the Owner or any third party;  

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;  

IV) To perpetrate any fraud;  

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;  

VI) To publish or distribute any obscene or defamatory material;  

VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;  

VIII) To unlawfully gather information about others.  You are prohibited from using the site or its content: 

(a) for any unlawful purpose; 

(b) to solicit others to perform or participate in any unlawful acts; 

(c) to infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; 

(d) to violate any local, federal or international law, statute, ordinance or regulation;

(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 or any content which is defamatory, libellous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; 

(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 damage, disable, overburden, or impair the Website or any other party’s use of the Website; 

(j) 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; 

(l) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses. The Company has the full authority to review all content posted by Users on the Website. You acknowledge that the Website is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the Website and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).  You agree to comply with all applicable laws, statutes and regulations concerning your use of the Website and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that are abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.  We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.  You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).  

Legal Basis for Collecting and Using Information: Our legal grounds for processing information about, which is that our use of your information is based on the grounds that: The use is necessary in order to fulfil our commitments to you under the applicable terms of service or other agreements with you or is necessary to administer your account. The use is necessary for compliance with a legal obligation; or We have a legitimate interest in using your information — for example, to provide an update with our Services; to improve our Services so that we can offer you an even better user experience; to safeguard our Services; to communicate with you; to measure, gauge, and improve the effectiveness of our advertising; and to understand our user retention and attrition; to monitor and prevent any problems with our Services; and to personalize your experience; or You have given us your consent — for example before we access your camera on your device for scanning the code, we ask for explicit consent from you. 

License Grant: Fraxotic, therefore grants you a limited, revocable, non-transferable, limited license to access and edit user data on the websites, developed strictly in accordance with these Terms. This permission does not include a permission for carrying out any resale of the products or commercial use of the Fraxotic content, any collection and use of product listings, description, or prices and, any derivative use of the platform or of Fraxotic content. Fraxotic authorises you to view and access the Fraxotic content solely for identifying products, carrying out purchase of products and processing returns and refunds, in accordance with Return and Refund Policy. You may not copy, decompile our Services. 

Content Rights: You own the rights to the User data you provide to Fraxotic on we don’t claim ownership over any of it. However, by providing User data Fraxotic, you give us permission to use your data solely to do the things we need to do to provide our Services, including but not limited to storing, displaying, reproducing, and distributing your data. This may include providing your data with third parties for broader broadcast, distribution, or publication. We will never sell your data to third parties except in case of merger and amalgamation. You’re responsible for the data you submit by using our services and assume all risks associated with it. 

Third Party Interactions: The services may contain links to third-party Websites (“Third-Party Websites”) When you click on a link to a Third-Party Website, we will not warn you that you have left our Website, server or services and we will not warn you that you are subject to the Terms and Conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under the control of Fraxotic. We are not responsible for any Third-Party Websites, Third-Party Applications, or any Third-Party Advertisements. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You acknowledge and agree that our services are not responsible or liable for: (i) the availability or accuracy of such links, Websites/Apps or any other resources; or (ii) the content, products, or services on or available from such links Websites/Apps or resources. 

Prohibited Uses: You represent and warrant that you will not use our services to: Shall not modify the Fraxotic content or reproduce, display, publicly perform, distribute or otherwise use the Fraxotic content in any way for any personal, public or commercial purpose. Attempt to probe, scan, test, or violate the security features of our Services or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon; Violate this Agreement, or any applicable law or regulation, including without limitation to laws designed to regulate unsolicited email or other electronic advertising; Share your User account details, let anyone access your user data to modify or do anything. Encourage or help anyone do any of the things on this list Attempt to interfere with the use of the services by any other manner not expressly mentioned above. Attempt to gain unauthorized access to or impair any aspect of the services or its related systems or networks. Except as provided in the Agreement, the materials on the Application shall not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Fraxotic, its parent company, group companies, subsidiaries, associates, affiliates, suppliers, vendors, sister companies or any third party hosting such material on the Platforms, as the case may be. We reserve the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement. We also reserve the right to terminate your use of the services for violating any of the prohibited uses. 

User Data Access: A user has access to their data at all time and can make modifications to such submitted user data. To create an account in order to avail our Services, you must fulfil the eligibility criteria, kindly refer our Privacy policy for more details. If you violate this clause then we do not take any liability for the same under any legislation, regulation, prevailing rules etc. that govern minors. Our services include a user interface that allows you to upload user content and customize certain aspects of your content. You are granted a limited right to use those services only in conjunction with the services and in accordance with these Terms and Conditions of Use. You agree to submit accurate, complete, and up-to-date user information. 

Limited Liability of Fraxotic: Fraxotic shall not be responsible, in the case user account is hacked or any unauthorised transaction is made through it. Fraxotic provides the User with an option to approach Fraxotic in case of unauthorised access or hacking for deletion of the User account. The User shall assume all risk, liabilities and consequences if his/her account has been accessed illegally or without authorisation through means such as hacking and if, through such unauthorised access, a purchase of the product has been made through our Services. It is specifically clarified that payments of monies towards any product purchased through the Services by unauthorised or illegal use of the Users’ account shall entirely be borne by the user. 

Changes in the service: We may, but are not obligated to, maintain the Service with periodic releases of bug fixes, code updates or upgrades. We will determine, at our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our Staff, for any of these releases or the lack thereof. We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. Such changes, by their nature, may cause inconvenience or even malfunctions. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result therefrom.  

User Requirements & Conduct You agree that we may at any time, and at our sole discretion, terminate your user account prior notice to you and without reimbursement if we suspect a violation any of these Terms and Conditions of Use. In addition, you acknowledge that we will cooperate fully with investigations by law enforcement authorities.

9. COMMUNICATION

You understand that each time uses the Website in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the Website including e-mail messages telling you about products and services offered by the Website (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the Website. You agree that the communications sent to You by the Website shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.

10. PRIVACY INFORMATION

Through Your Use of the Website and Services, you may provide Us with certain information. By using the Website or the Services, you authorize the Owner to use Your information in India and any other country where We may operate.  a) Information We May Collect or Receive: When You register for an account, you provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our Website or Services, we may also receive information from external applications You use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.  b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our website, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.  c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, you may choose to disable cookies in Your web browser. Please be aware that the Owner will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Owner may store some information about You for the future reference for the following number of days: 36. After that time, it will be deleted. 

Text Messaging & Promotional Codes By signing up, you agree that we may send you text (SMS) messages or email communications as part of the normal business operation of your use of the services also we may send promotional code in respect to your user account. You may opt-out of receiving such communication by writing to us at wecare@Fraxotic.com You acknowledge that opting out of such communication may impact your use of the services. 

Usage of promo code by Fraxotic: The Fraxotic has the right to refuse the usage of any promo code at any point in time. Promo codes which have expired cannot be used on the Application. Promo codes can be used only on specific orders as deemed fit by the Fraxotic. Promo codes, at the Fraxotic discretion, are applicable on certain items, on specific orders, or on specific dates and occasions. Promo codes cannot be clubbed with any other special offer running on the Application. For a payment received after the expiry of the promo code, the discount will not be applicable on that order. 

Network Access & Devices: You are responsible for obtaining the data network access necessary to use the services. Your mobile network’s data and messaging rates and fees may apply if you access or use the services from a wireless-enabled device and you shall be responsible for such rates and fees. The Bluetooth connection established between the vending machine and the mobile phone and the user mobile data will help us to determine details about your mobile phone. Please refer to our privacy policy to know this in detail. We would access your data networks to send a report to our main Server to update the inventory of the product purchased by you. Your mobile network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the services and any updates thereto. In addition, the services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

11. SALE OF GOODS/SERVICES

The Owner may sell goods or services or allow third parties to sell goods or services on the Website. The Owner undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, the Owner does not guarantee the accuracy or reliability of any product information and You acknowledge and agree that You purchase such products at Your own risk.

Pricing and Product Availability: Fraxotic will display on the Application, information on price and availability of the products sold, wherever Fraxotic Vending machines are available. Although prices of most of the products do not fluctuate daily, prices of some commodities may change daily. For any order, the price shall be the price prevailing at the date on which the order is placed. The prices listed on the Application are not negotiable. The prices shown on Fraxotic are decided by Seller. Despite the best efforts of Fraxotic, such information on the price and availability of products or services may be inaccurately displayed on the Application. Fraxotic reserves the right to correct any and all errors when they do occur, and Fraxotic does not honour inaccurate or erroneous prices. The prices on the Application are also subject to change without notice. 

Disclaimers & Limitation of Liability: DISCLAIMER OF WARRANTIE
WHILE FRAXOTIC AIMS TO ENSURE THAT THE INFORMATION PROVIDED IS CORRECT, FRAXOTIC DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF THE CONTENT ON THE APPLICATION. FRAXOTIC MAY MAKE CHANGES TO THE CONTENT ON THE APPLICATION, OR TO THE PRODUCTS AND, IF APPLICABLE, THE PRICES DESCRIBED IN IT, AT ANY TIME WITHOUT NOTICE. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FRAXOTIC DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND NON-INFRINGEMENT. IN ADDITION, FRAXOTIC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FRAXOTIC DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTIES. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. LIMITATION OF LIABILITY YOUR EXCLUSIVE REMEDY AND FRAXOTIC ENTIRE LIABILITY, IF ANY, FOR ANY CLAIMS, ARISING OUT OF THE SERVICES SHALL BE LIMITED TO THE AMOUNT YOU PAID FRAXOTIC, IF ANY, FOR THE PRODUCT YOU PURCHASED.
IN NO EVENT SHALL FRAXOTIC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES, UPDATING ANY AND ALL OF YOUR CONTENT. FRAXOTIC SHALL NOT BE LIABLE FOR ANY LOSS OF OR DAMAGE TO YOUR CONTENT.   Indemnity You acknowledge to defend, indemnify and hold Fraxotic, its affiliates, subsidiaries, directors, officers, employees, agents, partners and any other licensors (each, an “Indemnified Party”) harmless from and against any claim, disputes or demand, including reasonable attorneys’ fees, made by a third party, relating to, or arising from: Your violation of any third-party right, including without limitation to any right to privacy, publicity rights or intellectual property rights, including content the user distributes through the services; Your wrongful or improper use of the services; Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services; The indemnifications set forth above will survive the termination or expiration of this Agreement and/or your use of the services.   

Force Majeure: No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications failures, utility failures, power failures, equipment failures, labour strikes, riots, war, terrorist attack, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control, except that nothing in this section will affect or excuse your liabilities and obligations, including without limitation for Reversals, Claims, fines, fees, refunds or unfulfilled products and services.    Severability If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of the Agreement will continue in full force and effect.   Changes to Terms & Conditions Fraxotic reserves the right to modify the Terms of this Agreement or its policies at any time, effective upon posting of an updated version of this Agreement on its services. You should regularly review this Agreement, as your continued use of the services after any such changes constitute your agreement to such changes.   Entire Agreement The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between Fraxotic and you, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our services.   Governing Laws the Agreement and any dispute arising from the same will be governed by applicable data protection law where the Services is provided Compliance with laws 1. You represent and warrant that your use of our services will comply with all applicable data protection law/ regulations. You may not use our service for any unlawful or discriminatory activities, including acts prohibited by the applicable data protection laws. 2. You have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you are using any our services. 3. Agree to indemnify and hold us harmless from any losses, including attorney fees, which result from your breach of any part of these warranties. 

Disputes: Disputes are defined as any claim, controversy, or dispute between you and Fraxotic, including any claims relating in any way to the present Agreement, or the services, amendments, or any other aspects of the Agreement. Binding Individual Arbitration You and Fraxotic agree to arbitrate any and all disputes by a neutral arbitrator appointed by us who has the power to award the same damages and relief that a court can. Any arbitration under these general terms will only be on an individual basis. Class arbitrations, class actions, private attorney general actions, representative actions and consolidation with other arbitrations are not permitted. You waive any right to have your case decided by a jury and further waive any right to participate in a class action against Fraxotic. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case, will there be a class or representative arbitration). All disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the provisions of Arbitration and Conciliation Act, 1996. Any arbitration hearing will occur in India, or another mutually agreeable location. Powers of Arbitrator The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities if any, of you and the Fraxotic. The arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement (including this Arbitration Agreement). The arbitrator will issue a written statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s decision is final and binding on you and the Fraxotic.
Opt Out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Fraxotic can force the other to arbitrate as a result of this Agreement. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the username (if any), the email address you used to set up your account (if you have one), and a CLEAR statement that you want to opt out of this Arbitration Agreement. You must send opt-out notice to: wecare@Fraxotic.com If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may have entered into with us or may enter into in the future with us. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING IN THIS AGREEMENT SHALL SUPERSEDE, AMEND, OR MODIFY THE TERMS OF ANY SEPARATE AGREEMENT(S) BETWEEN YOU AND FRAXOTIC RELATING TO YOUR WORK AS AN EMPLOYEE OR INDEPENDENT CONTRACTOR, INCLUDING WITHOUT LIMITATION, ANY INDEPENDENT CONTRACTOR AGREEMENT GOVERNING YOUR SERVICES.   

Other Provisions 

  1. A) Notice: Fraxotic may give notice by means of a general notice on the Services via electronic mail to your email address, you may give notice to Fraxotic by written communication to our address at Office No.-906, Roongta Business Center, next to SBI Branch, Radha Vasudev Batavia Nagar, Govind Nagar, Nashik, Maharashtra 422009 India or email us at wecare@Fraxotic.com.
  2. B) General:You may not assign or transfer these Terms in whole or in part without Fraxotic prior written approval. You give your approval to Fraxotic for it to assign or transfer these Terms in whole or in part, including to (i) a subsidiary or affiliate; (ii) an acquirer of Fraxotic equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Fraxotic or any third-party provider as a result of the contract between you and Fraxotic for use of the Services.

12. SHIPPING/DELIVERY/RETURN POLICY

You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide Us with a valid email and shipping address, as well as valid billing information. We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information You provide to us. If We do so after payment has been processed, we will issue a refund to You in the amount of the purchase price. We also may request additional information from You prior to confirming a sale and We reserve the right to place any additional restrictions on the sale of any of Our products. You agree to ensure payment for any items You may purchase from Us and You acknowledge and affirm that prices are subject to change. For the sale of physical products, we may preauthorize Your credit or debit card at the time You place the order or We may simply charge Your card upon shipment. You agree to monitor Your method of payment. Shipment costs and dates are subject to change from the costs and dates You are quoted due to unforeseen circumstances. For any questions, concerns, or disputes, you agree to contact Us in a timely manner at the following: wecare@fraxotic.com.  If You are unhappy with anything You have purchased on Our Website, you may do the following:  Customer can contact the company using Email Provide on the website. If Company approved the return and replace then you have to return the product with all accessories and packaging material and company will dispatch the other product on your address. Item once sold can be refunded at any conditions. 

13. REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:  a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services. b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.    

14. DATA LOSS

The Owner does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your own risk. 

15. INDEMNIFICATION

You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be able to select its own legal counsel and may participate in its own defence if the Owner wishes.

16. SPAM POLICY

You are strictly prohibited from using the Website or any of the Owner’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.   

17. THIRD-PARTY LINKS & CONTENT

The Owner may occasionally post links to third-party websites or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to from Our Website. 

18. MODIFICATION & VARIATION

The Owner may, from time to time and at any time without notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of these Terms of Service unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.  

(a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.  

(b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the Website after any modifications to these Terms of Service is a manifestation of Your continued assent to these Terms of Service.  

(c) In the event that You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.  

19. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.  

20. SERVICE INTERRUPTIONS:

The Owner may need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.    

21. TERM, TERMINATION & SUSPENSION:

The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. If You have registered for an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of Your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

22. NO WARRANTIES:

You agree that your use of the Website, Mobile application and Services is at your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. The Owner also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of the loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Owner is not liable for any such damage or loss.  All information, software, products, services and related graphics are provided on this site is “as is” and “as available” basis with without warranty of any kind, either expressed or implied. The Website disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. The company makes no representation about the suitability of the information, software, products, and services contained on this Website for any purpose, and the inclusion or offering of any products or services on this Website does not constitute any endorsement or recommendation of such products or services.  The Website makes no warranty that the use of the Website will be uninterrupted, timely, secure, without defect or error-free. You expressly agree that use of the site is at your own risk. The Website shall not be responsible for any content found on the Website.  Your use of any information or materials on this site or otherwise obtained through use of this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.  The Website assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Website. Any information of third parties or advertisers is made available without doing any changes and so the Website cannot guarantee accuracy and is not liable to any inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds, images, text, files, video or other materials posted on, transmitted through, or linked from the Website, are solely the responsibility of the person from whom such Content originated and the Website does not control and is not responsible for Content available on the Website.  There may be instances when incorrect information is published inadvertently on our Website or in the Service such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies or omissions, may be corrected at our discretion at any time and we may 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).  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.  The Website shall not be responsible for any interaction between you and the other users of the Website. Under no circumstances will the Website be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The Website is under no obligation to become involved in any disputes between you and other users of the Website or between you and any other third parties. You agree to release the Website from any and all claims, demands, and damages arising out of or in connection with such dispute.  You agree and understand that while the Website has made reasonable efforts to safeguard the Website, it cannot and does not ensure or make any representations that the Website or any of the information provided by You cannot be hacked by any unauthorised third parties. You specifically agree that the Website shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Website.  You hereby agree and confirm that the Website shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorized access of the Website by third parties or for any such use of the information provided by You or any spam messages or information that You may receive from any such unauthorised third party (including those which are although sent representing the name of the Website but have not been authorized by the Website) which is in violation or contravention of this Terms of Service or the Privacy Policy.  You specifically agree that the Website is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Website is not responsible for any content sent using and/or included in the Website by any third party.  The Website has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.  You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.  In no event shall the Website be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or to deliver the products or for any information, software, products, services and related graphics obtained through the site, or any interaction between you and other participants of the Website or otherwise arising out of the use of the Website, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the Website or any of its affiliates/suppliers has been advised of the possibility of damages. If despite the limitation above, the Company is found liable for any loss or damage which arises out of or in any way connected with the use of the Website and/ or provision of Services, then the liability of the Company will in no event exceed, 50% (Fifty percent) of the amount you paid to the Company in connection with such transaction(s) on this Website.  You accept all responsibility for and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the Website, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site’s activities. If you are dissatisfied with the Website, or the Services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.

 23. LIMITATION ON LIABILITY:

The Owner is not liable for any damages that may occur to you as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Owner arising from or relating to these Terms of Service.

24. GENERAL PROVISIONS:

  1. a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.    
  2. b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the Website, Mobile Application or Services, You agree that the laws of India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Pune District Court, India Only. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-convenience or similar doctrine.   
  3. c) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.  
  4. d) NO WAIVER:   In the event that we fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future Enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
  5. e) HEADINGS FOR CONVENIENCE ONLY:   Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.  
  6. f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE:   No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.    
  7. g) ELECTRONIC COMMUNICATIONS PERMITTED:   Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax. For any questions or concerns, please email Us at the following Email id: wecare@fraxotic.com.

Updates to services: Fraxotic may from time to time provide enhancements or improvements to the features/functionality of services, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the services. You agree that Fraxotic has no obligation to 

(i) provide any Updates, or 

(ii) continue to provide or enable any features and/or functionalities of services to you. You further agree that all Updates will be 

(i) deemed to constitute an integral part of the services, and 

(ii) subject to the Terms of this Agreement. 

No Changes in Terms at your request the terms mentioned herein shall not be changed by any one of you or your group. The same terms and conditions of use shall be applicable to all users.

Last Updated 16 May, 2024.