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Balaji Teleserve Pvt Ltd. B-261, First Floor B-Block, Palam Extension Dwarka Sector -7, New Delhi - 110075. ("Phoenix Secure") 1) Scope These Terms and Conditions shall apply to all orders submitted or to be submitted by you for any item, service or subscription offered to you on or via the Phoenix Secure website, Phoenix Secure HOME, a Phoenix Secure device or other Phoenix Secure application (referred to in these Terms and Conditions as the "Products"), including, but not limited to, (i) hardware devices, accompanying items and accessories including devices, items or accessories containing pre-installed software ("Hardware") and (ii) services offered by Phoenix Secure from time to time ("Services"), which may include (separately or bundled) Internet-based services or location based services, data services, real time information services such as SMS Alerts or Voice Call Alerts, or the provision of other data, information, (third party) functionality or content, whether offered to you on a subscription basis ("Subscription") or on a pre-paid basis and delivered in one or more parts. 2) Orders a) Any order submitted is subject to acceptance by Phoenix Secure. Only upon acceptance by Phoenix Secure by way of an order confirmation the agreement is concluded. b) Phoenix Secure reserves the right to reject any orders in full or in part or to apply a maximum order amount. c) All orders for Hardware are subject to stock availability. 3) Price and payment a) Prices indicated on the website are including VAT. Shipping and handling charges (if any) will apply in addition to the price indicated on the website. You are responsible for any local sales taxes, other taxes and government levies, if any, associated with the order. Prices are subject to change at any time but will not affect orders for Hardware, (pre-installed) software ("Software") or Services made prior to the date of the change (subject to clause 7c). b) All orders must be paid for through the payment service as made available by Phoenix Secure ("Payment Service"). In order to submit orders and use the Payment Service you must supply details of your preferred payment method, billing and shipping address (if applicable) and/or any other details necessary to complete the order. c) If, for whichever reason, collection through the Payment Service should fail Phoenix Secure will invoice you by post/email for the amount payable, which must be paid by cheque, postal order or credit card within 15 days from the date of invoice. 4)Limited Liability The customer understands that GPS Tracker provided by Balaji Teleserve Pvt Ltd - Phoenix Secure operates using a SIM Card & GPRS service which further communicates with Data Servers to process the data. Since it is all dependant on uptime Phoenix Secure will not be liable for any loss arising out of failure of any service. Balaji Teleserve Pvt Ltd shall pay maximum amount equivalent to the value of the hardware purchased by the customer.
5) Delivery and risk of loss a) Phoenix Secure will endeavour to deliver or activate the Product within 30 days of order acceptance. If multiple Products are ordered, Phoenix Secure reserves the right to deliver or activate each Product separately. b) Products will be delivered either to your delivery address or possession, or electronically. The risk of loss or damage to the Products will pass to you at the moment the Products are delivered to you. c) If you refuse or neglect to take delivery of the Products, Phoenix Secure reserves the right to charge you for the reasonable cost of storing the Products until delivery can be made. d) If delivery to you should fail for any reason outside of Phoenix Secure’s control, Phoenix Secure reserves the right to cancel the agreement and refund any monies paid. e) If Phoenix Secure delivers a Product to you or activates a Rent Plan on your device by mistake, you shall immediately inform Phoenix Secure of its mistake by email via http://www.phoenixsecure.in/contact-us.php. f) Acceptance of a non-ordered Product does not relieve you from acceptance and payment of the Product you initially ordered, unless otherwise agreed with Phoenix Secure. 6) Cancellation Policy Hardware a) Phoenix Secure allows you to cancel a purchase agreement for Hardware for any reason provided that it has not yet been used at any time during the 14 working days following the date of delivery to your delivery address, and will refund the purchase price actually paid. If you choose to cancel the purchase agreement for Hardware, you must contact Phoenix Secure during the 14 working days following delivery by email to obtain a Return Materials Authorisation number and return the Hardware in its original packaging, free of all interests, liens, or claims otherwise, to the address provided by Phoenix Secure. Phoenix Secure may charge you for any directly associated shipping or postage costs incurred. b) You agree that the performance of Services by Phoenix Secure will commence immediately on Phoenix Secure’s acceptance of your order. You will not be able to cancel such Services after such performance commences, which includes, but is not limited to, downloading, installing or activation of the Service by you