Microsoft Store - Terms of Use

Terms and Conditions

TERMS AND CONDITIONS OF USE

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website http://www.microsoftstore.co.in ("Microsoft Store") and the product ordering service ("Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the Microsoft Store and/or the Service. By using the Microsoft Store and/or our Service, you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please do not use the Microsoft Store and/or the Service.

1. INFORMATION ABOUT US

http://www.microsoftstore.co.in is a Site operated by by Quasar Media Pvt. Ltd.(“We, “Our”, “Us”), a Company registered under the Companies Act, 1956 and having its registered office at Vishal House, 136A, 2nd Floor, Zamrudpur, Opp. LSR College, New Delhi – 110 048.

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2. ACCESSING THE MICROSOFT STORE

Access to the Microsoft Store is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via the Microsoft Store or the Site itself without notice (see below). We will not be liable to you if for any reason the Microsoft Store or the Service is temporarily unavailable at any time or for any period.
From time to time, we may restrict access to some or all parts of the Microsoft Store and/or the Service.
If you choose, or you are provided with, a Microsoft Live account or such other user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
You are responsible for making all arrangements necessary for you to have access to the Microsoft Store and/or our Service. You are also responsible for ensuring that all persons who access the Microsoft Store through your internet connection are aware of these terms, and that they comply with them.

To order products from the Microsoft Store please follow the instructions on screen. If you order any products your contract with us will be governed by our Terms and Conditions of Sale which can be found here.
You may not use the Microsoft Store or its contents:

for commercial purposes,
for resale purposes including the systematic extraction and/or re-utilisation of any part or the contents of the Microsoft Store (e.g. item listings, descriptions, prices);
to download (other than page caching) or modify the Microsoft Store, or any portion of it; or
for any purpose which is unlawful.

We are the owner or the licensee of all intellectual property rights in the Microsoft Store including the Service, and in the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you print off, copy or download any part of the Microsoft Store in breach of these terms of use, your right to use the Microsoft Store will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Using the Microsoft Store does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
Microsoft Store and all logos on the Site are business names and marks which are the property of Quasar or Microsoft Inc.

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5. THE MICROSOFT STORE CHANGES REGULARLY

We aim to update the Microsoft Store and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the Microsoft Store or the Services, or close it indefinitely. Any of the material on the Microsoft Store may be out of date at any given time, and we are under no obligation to update such material.

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6. OUR LIABILITY

The Microsoft Store is provided "as is". Whilst we have taken every care in the preparation of the content of the Microsoft Store we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the Microsoft Store. Except as set out in this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non supply or delay in supplying the Services are excluded to the extent permitted by law.
We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the Microsoft Store or any of the materials on the Microsoft Store (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill). Nothing in these terms of use shall operate to exclude or restrict our liability for:

death or personal injury resulting from negligence;
fraud or deceit; or
for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

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7. INFORMATION ABOUT YOU AND YOUR VISITS TO THE MICROSOFT STORE

We process information about you in accordance with our Privacy Policy . By using the Microsoft Store and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate.

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8. VIRUSES, HACKING AND OTHER OFFENCES

You must not misuse the Microsoft Store or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Microsoft Store or the Service, the server on which the Microsoft Store or the Service is stored or any server, computer or database connected to the Microsoft Store. You must not attack the Microsoft Store or the Service via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Information Technology Act, 2000. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Microsoft Store and our Service will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Microsoft Store and our Service or to your downloading of any material posted on it, or on any website linked to it.

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9. LINKS FROM THE MICROSOFT STORE

Where the Microsoft Store contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

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10. WAIVER

If you breach these terms of use and we take no action we will still be entitled to use our rights and remedies in other situations where you are in breach.

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11. ALTERATIONS TO THESE TERMS OF USE

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the Microsoft Store.

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12. JURISDICTION AND APPLICABLE LAW

These terms of use are governed by and construed in accordance with the laws of India. You agree to submit to the non-exclusive jurisdiction of the courts in New Delhi.

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Thank you for visiting the Microsoft Store.

TERMS AND CONDITIONS OF SALE

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS

http://www.microsoftstore.co.in is a website operated by Quasar, Company registered under the Companies Act, 1956 and having its registered office at Vishal House, 136A, 2nd Floor, Zamrudpur, Opp. LSR College, New Delhi – 110 048. We have been appointed by Microsoft to own, maintain and operate the online store.

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Microsoft Products listed on our website http://www.microsoftstore.co.in to you. Please read these terms of sale carefully before ordering any Products from the Microsoft Store. You should understand that by ordering any of the Products from this store, you agree to be bound by these terms of sale.

You should print a copy of these terms of sale for future reference.

You must be over 18 years old to order any Products from the Microsoft Store.

Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from the Microsoft Store.

If you have any questions regarding these terms of sale (including any technical questions) please click here.

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1. TERMS USED IN THIS AGREEMENT

In this agreement the following terms shall mean:

"Quasar", "we" or "us" means Quasar Media Pvt. Ltd., its employees, subcontractors and/or other companies which are appointed by Quasar to provide services in relation to the Microsoft Store operated by Quasar;
"Goods"/"Products" means physical products such as (but not limited to) books, manuals, retail packaged software and backup copies of software sold in the Microsoft Store;

The Microsoft Store is only intended for use by customers resident in India.
By ordering Products from the Microsoft Store, you warrant that:

You are legally capable of entering into binding contracts;
You are at least 18 years old; and
You are resident in India and you are ordering the Products from India.

To use the Microsoft Store services you need to register and log in to the site using a Microsoft Windows Live™ account which can be created here: Sign Up.
Please log into the Microsoft Store and browse the shop. To order an item simply click the shopping cart icon to add the Product to your shopping basket. Once you have finished shopping, please click on the shopping trolley icon in the top left hand corner of the screen. Please click on the button marked "Checkout Now" and follow the instructions on screen to complete your order.

After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by the physical product to you. The contract between us (the"Contract") will only be formed when you receive the goods.
The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

Although we endeavour to ensure the availability of the Products shown in the Microsoft Store, we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:

to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
notify you that we are unable to fulfil the order.

If you reject our offer of an alternative Product or we are unable to fulfil the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).

Your order will be fulfilled by the delivery date set out in the Order Confirmation or, and if no delivery date is specified, then within 45 days of the date of the Order Confirmation, unless there are exceptional circumstancesWe cater to product delivery requests only within India, with exception to Arunachal Pradesh, Manipur, Mizoram and Sikkim. We do not deliver products outside India.
Products sold in the Microsoft Store are delivered to by post or courier if you have ordered Goods (for example a boxed retail package, a backup CD, or a manual etc.).

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6. CONSUMER RIGHTS

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7. RISK AND TITLE

The Products will be at your risk from the time of delivery.

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8. PRICE AND PAYMENT

The price of any Products will be as quoted in the Microsoft Store from time to time, except in cases of obvious error.
These prices exclude VAT, other taxes and delivery costs, which will be added to the total amount due.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
The Microsoft Store contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the Microsoft Store may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the Microsoft Store, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for all Products must be made by credit card, debit card, Net banking.As of now Net banking is available only for ICICI bank account holders. We are under no obligation to deliver the Products until we have received payment from you..

All orders are subject to availability. If we are unable to fulfill the order, we shall make an interest free refund of the payment/s already made by you for the relevant Product/s.
We reserve the right in our absolute discretion to make refund in case of products upon request by you within a reasonable time. You must inform us in writing by giving notice to Support@microsoftstore.co.in.
Any Refund request should be made before the order is processed and/or dispatched. We would process the request based on our discretion and timelines for the refund would vary
We normaly do not entertain request for return of sold products. However if in certain circumstances we do,you are required to return product/s to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product or investigate your complaint and will notify you of your refund application via e-mail within a reasonable period of time.

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10. PERSONAL DATA

Personal details provided to Quasar through this website will only be used in accordance with our Privacy Policy. By using the Microsoft Store and/or our Service, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our policy carefully.

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11. OUR LIABILITY

We will not be responsible for any foreseeable or unforeseeable commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the Microsoft Store.

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12. INTELLECTUAL PROPERTY

Products offered in the Quasar Microsoft Store are the intellectual property of Microsoft. To install any software purchased from the store you must accept the Microsoft software license terms bundled with the Product. You can view the terms of sale of the Microsoft software licence at www.microsoft.com. You may not remove any copyright, trademark or intellectual property notices contained which forms part of any Product.

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13. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Microsoft Store, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the Microsoft Store or the Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

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14. NOTICES

All notices given by you to us must be given to Quasar Media Pvt Ltd.426 , Udyog Vihar Phase- 3, Gurgaon, (Haryana) 122001, 0124-4734648 or by email to Support@microsoftstore.co.in We may give notice to you at either the e-mail or postal address you provide to us when placing an order, the email address associated with your Windows Live account, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served immediately when posted in the Microsoft Store, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

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15. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

strikes, lock-outs or other industrial action.
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
impossibility of the use of public or private telecommunications networks.
the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.

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18. SEVERABILITY

If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

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19. ENTIRE AGREEMENT

These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.

We have the right to revise and amend these terms of sale from time to time.
You will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).

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21. LAW AND JURISDICTION

Contracts for the purchase of Products placed through the Microsoft Store will be governed by Indian law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Delhi.

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22. LANGUAGE

The language of the Contract shall be English.

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