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Terms & Conditions

By accessing and using the site, you agree to these terms of use.

Please read these conditions carefully before using the howtobuysaas.com website. By using the howtobuysaas.com website, you signify your agreement to be bound by these conditions.
These “Conditions of Use” constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Definitions

“Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft, or profession.

“Howtobuysaas’s” is a subsidiary business of Snetiara trade name registered with government of India means howtobuysaas also referred to as “we” or “us” in these terms and conditions.

“Business Customer” means a customer who is not a consumer.

Website Conditions of Use

Your use of this site, which is provided by howtobuysaas, by using this site you signify your consent to be bound by these terms and conditions.

If you do not agree with any part of the following terms and conditions you must not use this site. Some areas of the site require registration.

You agree, understand, and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location within the jurisdiction as set forth below.

By completing the initial registration form and by entering your email address and password, you will be deemed to have accepted these terms and conditions. Also, by subscribing to any of our email services, you are deemed to have accepted these terms and conditions. If you register with this site, you should read and adhere to our privacy policy

The right to use this website does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

You must not use any howtobuysaas services:

In any way that causes, or is likely to cause, howtobuysaas, or any access to it to be interrupted, damaged or impaired in any way, or

For fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or

Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.

howtobuysaas reserves the right to modify these terms of use at any time without giving prior notice. Your use of this Site following such modification constitutes you agrees to those terms.

You are advised to check the terms of use from time to time for any updates or changes. If you do not accept such amendments, you must cease using this site.

Trademarks and Copyright

Trade names and marks (other than howtobuysaas’s) are not always indications of the actual manufacturer of a particular product and may rather be indicative of general use systems and machines associated with such products.

You must not reproduce any part of this website or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form unless we have indicated in writing that you may do so. The design, arrangement and look and feel of this website are also the copyright of howtobuysaas and/or its licensors and may not be copied or otherwise reproduced.

The ‘howtobuysaas’ is a registered trademark under the Indian Trade Marks Act, 1999, and any use of the same without consent shall be liable to be punished under the act.

In the case of component purchases, Customers requiring a particular brand of product should, before placing an order, check with howtobuysaas the identity of the manufacturer of component it is proposed to purchase.

howtobuysaas respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please inform about the same through the following email address contact@howtobuysaas.com

Registration

Access to the registration area on this site is permitted on the basis that:

Your Email Id and password are personal to you and may not be used by anyone else to access this site;

You will not do anything which would assist anyone who is not a registered user to gain access to any registration area of this site;

You do not create additional registration accounts to abuse the functionality of the site, or other users; nor do you seek to pass yourself off as another user.

It is your responsibility to maintain the confidentiality of your password and you are responsible for all activity that occurs under your user name and password. We will not be liable where your password is used by someone else.

We reserve the right to cancel your account(s) and to ban you from registering a new account if you are found using duplicate accounts or the security of your account is compromised in any way and for any reason.

Any questions about these terms and conditions or reports of anyone abusing the website or otherwise not complying with these terms and conditions should be addressed to contact@howtobuysaas.com

Interest-based Ads

Interest-based ads are sometimes referred to as personalised or targeted ads. We show interest-based ads to display features, products, and services that might be of interest to you.

To serve you interest-based ads, we use information such as your interactions with howtobuysaas sites, content, or services. In serving you interest-based ads we only keep information collected for as long as required to provide our advertising services, in accordance with our Privacy policy and applicable laws.

We work with third parties, such as advertisers, publishers, social media networks, search engines, ad serving companies, and advertising companies working on their behalf, to improve the relevance of ads we serve.

Third-party advertisers or advertising companies working on their behalf sometimes use cookies in the process of delivering content, including ads, directly to your browser or device, and they may automatically receive an IP address when this happens. They may also use cookies to measure the effectiveness of their ads, show you more relevant advertising content, and perform services on behalf of howtobuysaas. For information on how to control and delete cookies please visit our cookies policy

howtobuysaas offers you choices about receiving interest-based ads from us. You can choose not to receive interest-based ads from howtobuysaas. You may still see ads, but they may not be based on your interests. For opting out of interest-based ads please see our cookies policy.

Links to other websites

This site may contain links to third-party websites (“other sites”) that are not under howtobuysaas’s control

howtobuysaas makes no claim or responsibility regarding the quality, nature and reliability of the other sites that are accessible by hyperlinks from the sites or link to the sites.

howtobuysaas provides these links to you as a convenience and inclusion of any link does not imply endorsement by howtobuysaas as of other sites or any association with operators of such other site.

You are responsible for viewing and abiding by the privacy statements and terms of use posted at any third-party sites.

Viruses, Malware, and Security

howtobuysaas uses technical and organisational security measures to protect the personal information supplied by you against loss, destruction, and any unauthorised access by third parties.

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.

We follow the Payment Card Industry Data Security Standard (PCI DSS) when handling Debit and Credit card data.

Errors and emissions

We do our best to ensure that information on our website is complete, accurate and current.

Despite our efforts, the information our website be occasionally inaccurate or out of date. All specifications, products, description and prices of products on the site are subject to change.

The inclusion of any products or services on our website at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product or service at any time.

Orders

All contracts of sale made by howtobuysaas shall be deemed to incorporate these terms and conditions, which shall prevail over any other terms from the party (“the Customer”) with whom howtobuysaas is dealing.

The prices, price offers and descriptions of Goods or other services listed and mentioned in the Seller’s online shop do not constitute an offer.

All orders are subject to acceptance and to availability of the goods ordered: howtobuysaas is entitled to refuse any order placed by you.

howtobuysaas reserves the right to refuse service to anyone for any reason at any time.

You undertake that:

All details you provide to us to purchase goods or services offered on our web site are correct and the user accepts that full liability for orders placed using a valid user-id and password lies with you and not howtobuysaas.

The credit or debit card you use to purchase from us is your own card or your company’s card, that you are authorised to use it, and that there are sufficient funds or credit facilities to cover the cost of any goods or services you order from us. We reserve the right to obtain validation of your credit or debit card details before providing you with any goods or services.

You may need your howtobuysaas account to use certain howtobuysaas Services, and you may be required to be logged into the account and have a valid payment method associated with it.

Please note, howtobuysaas may record and/or monitor inbound and outbound calls and electronic traffic for training purposes.

howtobuysaas’s privacy policy shall apply to orders placed. A copy of the policy can be found https://www.howtobuysaas.com/privacy-policy/

All software is sold subject to the software publisher’s end user licence agreement (EULA), the terms of which the Customer agrees to adhere to.

Prices

Goods and services are invoiced at the price prevailing at the time of acceptance of the order.

The prices displayed are exclusive of any applicable taxes and delivery charges in the case of hardware products.

howtobuysaas reserves the right to modify the prices from time to time.

Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product’s correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product’s correct price is lower than our stated price, we will charge the lower amount and send you the product.

Delivery, Title and Risk

howtobuysaas shall use reasonable endeavours to despatch goods by the date agreed with the customer, but does not accept liability for failure to deliver within the stated time where this is caused by circumstances beyond our reasonable control, such as delays caused by delivery companies or manufacturer lead times. If a delay is likely, howtobuysaas shall contact the customer and advise of the delay. A customer who is a Consumer shall be entitled to cancel an order when advised of a delay if the revised delivery date is not acceptable.

In the case of a Business Customer, if howtobuysaas is unable to deliver the goods within the agreed delivery date, the Business Customer can, as its sole remedy, be entitled to cancel the order and require any monies paid to howtobuysaas in respect of that order to be refunded. In order to cancel, the Business Customer must send written notice of cancellation to howtobuysaas after the above date but before delivery of the goods or notification from howtobuysaas that the goods are ready for delivery.

In the case of Business Customers, howtobuysaas does not accept liability for shortages or damage to deliveries unless the Business Customer notifies howtobuysaas of the shortage or damage in writing within 48 hours of receipt of the delivery. Consumers should notify shortages or damage within a reasonable period of becoming aware.

Business Customers are required to be able to accept the goods when they are ready for delivery within Normal Working Hours.

Delivery is deemed to take place when the goods are delivered to the Customer’s nominated address, whereupon the risks of loss, breakage and all damage and all other risks shall pass to the Customer.

Title in the goods shall pass to the Customer on delivery.

If the Customer cannot accept delivery, howtobuysaas may at its option: (a) store and insure the goods at the Customer’s expense and risk or (b) sell the goods at the best price reasonably obtainable and (after deducting reasonable storage insurance and selling costs) pay to the Customer any excess over the sale price or charge the Customer for any shortfall or (c) re-arrange delivery provided that howtobuysaas may charge the Customer for the additional delivery costs incurred.

Upon delivery of the goods, the Customer will be asked to sign a Proof of Delivery to acknowledge safe receipt. It is the responsibility of the Customer to ensure that the number of packages delivered corresponds with the number stated on the delivery note. Where a discrepancy occurs or where there is evident damage to the packaging, this should be noted on the Proof of Delivery. howtobuysaas shall not be liable for discrepancies or damage evident on delivery where the Customer accepts delivery and signs the Proof of Delivery without amendment.

Payment

Payment is due on presentation of invoice unless credit terms have been agreed in writing with howtobuysaas. howtobuysaas shall invoice Customer: on acceptance of the Customer’s order in respect of software; on the shipment in respect of hardware; on completion of professional services or monthly in arrears in respect of recurring services unless otherwise agreed in writing and in advance in respect of maintenance and support services.

If payment is not made on the due date, howtobuysaas will be entitled to charge the interest calculated daily and any additional damages due to late payment by the consumer at howtobuysaas’s discretion.

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

Lack of authorization for any transaction/s, or

Exceeding the limit mutually agreed by You and between “Bank/s”, or

Any payment issues arising out of the transaction, or

Decline of transaction for any other reason/s.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

You have specifically authorized howtobuysaas or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility.

You understand, accept and agree that the payment facility provided by howtobuysaas is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the howtobuysaas Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, howtobuysaas is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

howtobuysaas reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with howtobuysaas or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 50,000.00, the Customer will be required to update the PAN number.

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which supports payment facility to provide these services to the users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between buyer and the respective issuing bank.

Product Specifications

howtobuysaas makes every effort to supply the goods as advertised but reserves the right to supply the goods subject to minor variations in actual dimensions and specifications where these are changed by the manufacturer.

Unless expressly indicated otherwise, howtobuysaas is not the manufacturer of the products and services sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.

Reviews and Comments

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

If you post customer reviews, comments, customer questions or answers, or other content generated by you for display on the website (including any images, video or audio, all together “content”, you grant howtobuysaas; (a) a non-exclusive, royalty-free licence to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and (b) the right to use the name that you submit in connection with such content. No moral rights are transferred by this provision.

Children

Use of howtobuysaas.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use howtobuysaas.com only with the involvement of a parent or guardian. howtobuysaas reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to howtobuysaas’s notice or if it is discovered that you are under the age of 18 years.

howtobuysaas’s liability

We will do our utmost to ensure that availability of the howtobuysaas Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to howtobuysaas Services may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.

In its dealings with Business Customers, howtobuysaas shall under no circumstances be liable for any consequential or indirect damage or loss, however, caused, including (but not restricted to) loss of business or profits, loss of goodwill, damage to trading relationships loss of data and other financial loss. (“Financial loss” in this sense does not refer to the price you have paid for the goods, which we may be liable to refund to you, in whole or in part, if the goods are faulty or do not comply with their description). howtobuysaas’s liability in respect of all other losses shall be limited to the invoiced amount of the relevant order.

Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

Force Majeure

Where, in spite of its reasonable efforts, howtobuysaas is unable to perform an obligation due to circumstances beyond its reasonable control, it shall not be deemed to be in breach of its contract with the Customer.

Compliance with relevant requirements

User shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the Rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the Rules made thereunder, Income Tax Act, 1961 and the Rules made thereunder, Export-Import Policy of government of India) applicable to them respectively for using Payment Facility and howtobuysaas Platform.

Export restrictions

User acknowledges that some goods are controlled for resale or export by the DGFT rules, U.S. Department of Commerce, the EU or EU/EFTA member state bodies and/or other applicable restrictions and that such goods may require authorization prior to resale or export. User agrees that it will not export, re-export, or otherwise distribute goods, or any direct products thereof, in violation of any dual-use restrictions and export control laws or regulations of the U.S., the EU or any EU/EFTA member state or other applicable jurisdiction.

Unless authorized by the howtobuysaas in writing, the customer or any other person shall not resell the products or services outside the agreed territorial limit.

User shall indemnify howtobuysaas for any claims, losses, costs, liability and charges, including reasonable legal fees incurred by howtobuysaas as a result of Customer’s breach of any export controls or regulations.

It shall be the User’s responsibility to comply with all export and other resale restrictions. Upon request, the User agrees to reaffirm in writing its compliance and its intentions to comply with applicable export and restricted user and uses regulations.

Confidential information and data protection

Each party shall preserve the confidentiality of all confidential information of the other which it receives, keep such information secure and protected against theft, damage, loss or unauthorised access, and not use such information for any purpose except as contemplated by the Contract.

Each party shall ensure that such obligations are observed by its employees, officers, agents and contractors.

Each Party shall process personal data in accordance with the Data Protection Legislation (which includes applicable data protection legislation including the I T Act, 2000(21 of 2000), General Data Protection Regulation ((EU) 2016/679) (GDPR), and any national or state laws, regulations and secondary legislation) as amended from time to time.

Personal data processing will be accomplished through electronic and non-electronic means, for the purpose of these terms and conditions. Users shall be responsible for obtaining the consent of all Customer related data subjects whose personal data is provided to or otherwise made available to howtobuysaas according to these terms and conditions or any order.

Customer authorises howtobuysaas to engage sub-processors to the extent required for the performance of these terms and conditions and/or any order.

howtobuysaas shall in respect of any personal data of the Customer processed under these terms and conditions to maintain such personal data under appropriate, commercially reasonable and sufficient technical and organisational security measures to protect such personal data or information and both Parties warrant to have taken all appropriate registrations under relevant laws.

Notwithstanding any other provision of these terms and conditions, Customer agrees that howtobuysaas shall not be considered a data processor or data controller or in any other way have any responsibilities or liability (and the Customer holds howtobuysaas harmless) in respect of the processing of personal data pursuant to a Product or Service (including cloud service) provided by a third party supplier of product or services transacted by howtobuysaas and where howtobuysaas is not processing such data. Such processing of personal data shall be subject to the arrangements and contract terms entered in to directly between Customer and the third-party provider.

General

howtobuysaas makes no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative.

Nothing in these terms and conditions affects your statutory rights as a Consumer.

If any provision in this Agreement is held to be invalid or unenforceable, it shall be deemed severed from the Agreement and this shall not affect the validity or enforceability of the remaining provisions.

Any waiver of a breach of this Agreement must be in writing.

Any variation of this Agreement must be in writing and signed by a duly authorised howtobuysaas official.

Any notices given under this Agreement shall be in writing and sent to the authorised mail id provided on the website.

These terms and conditions shall be governed by and construed in accordance with the laws of India and the parties submit to the non-exclusive jurisdiction of the Delhi Courts.

Dispute Settlement

In the event of any dispute arising out of or relating to these terms, the affected party shall notify the other party, and the parties shall attempt in good faith to resolve the matter agreed between both the parties. Any disputes not resolved by good faith discussions shall be referred to senior executives of each party, who shall meet at a mutually acceptable time and location within thirty (30) days after the Notice Date and attempt to negotiate a settlement.

If the dispute has not resolved through negotiation, it shall be referred to mediation at the office of the howtobuysaas, Delhi and in accordance with its then-current Mediation Rules and as per the Arbitration & Conciliation Act, 1996.

If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute difference or controversy shall be referred to and determined by arbitration by a sole arbitrator as per the Arbitration & Conciliation Act, 1996. Any award so passed by the Arbitrator shall be binding on both the parties. The Venue of Arbitration shall be at Delhi and the proceeding shall be in the English language.

This Agreement shall be governed by and construed in accordance with the laws of India and shall be subject to the exclusive jurisdiction of courts at Delhi.

Disclaimer

The information contained in this website is for general information purposes only. The information is provided by howtobuysaas and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to you.

Through this website, you are able to link to other websites which are not under the control of howtobuysaas. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Responsibility for the content of external links (to web pages of third parties) lies solely with the operators of the linked pages. No violations were evident to us at the time of linking. Should any legal infringement become known to us, we will remove the respective link immediately.

Every effort is made to keep the website up and running smoothly. However, howtobuysaas takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

Our website and its contents are subject to Indian copyright law. Unless expressly permitted by the law or prior consent of the respective owner of the rights, utilizing, reproducing or processing is illegal and will be punished.

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