Terms and Conditions

We recommend that you print these Terms and Conditions of Business for further reference

Scope: The following Terms and Conditions will apply exclusively to the current and future business relationships between IMMWIT Pvt Ltd. (collectively with its subsidiaries and affiliated companies, “IMMWIT ”) and you (“you” or the “customer”). Any additional or inconsistent terms issued by you, including any such terms and conditions set forth on a purchase order provided by you shall not be binding upon IMMWIT , unless IMMWIT gives its express agreement in writing.

Entire Agreement: Any quotation or price information made available by IMMWIT is without obligation and subject to change without notice unless an offer has been designated as binding. Oral understandings between you and IMMWIT will require written confirmation by IMMWIT and a contract between you and IMMWIT will only become valid when it has been accepted in writing by IMMWIT (e.g., confirmation of order, which will be final) or when the order is performed (e.g., delivery, download or connection by you of or to the software). As permitted by law, IMMWIT reserves the right to correct errors in its offers, invoices and communications such as spelling or arithmetical errors. You and IMMWIT each owe a duty to each other co-operate in order to give full effect to your agreement.

Assignment: Unless specifically set forth in a written agreement between you and IMMWIT , your obligations to IMMWIT may not be sublicensed or assigned to any third party (with a change in control of you constituting an assignment). These Terms and Conditions shall be binding on each party’s successors and assigns.

Prices: Unless otherwise indicated in writing by IMMWIT , all prices are quoted in US dollars and INR Ruppes and are exclusive of all taxes and duties imposed by any governmental authority and freight and shipping charges, all of which shall be paid by you.

Payment: Unless specifically set forth in a written agreement between you and IMMWIT , payment for goods or services from IMMWIT is net thirty (30) days from the date of invoice. Overdue payments shall bear interest from the due date at the rate of the lower of one and half percent per month (1.5%) or the maximum rate permissible under applicable law.

Warranty: Unless specifically set forth in a written agreement between you and IMMWIT or as required by law, the goods and services purchased by you are provided “as is” without any representation or warranty of any kind, including without limitation, any warranty of non-infringement or fitness for a particular purpose.

Partial Nullity: In the event that any provision of these Terms and Conditions is unenforceable or invalid, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or court decisions.

Export: You agree that the software licensed to you by IMMWIT will not be shipped, transferred or exported into any country or used in any manner prohibited by the Indian Export Administration or any applicable export laws, restrictions or regulations.
Governing Law and Jurisdiction: If you enter into this agreement through the IMMWIT affiliate IMMWIT Ltd. the agreement is governed by the laws of INDIA (without regard to applicable conflict of laws provisions). The courts of India, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and IMMWIT Ltd. agree to the personal jurisdiction and venue of these courts in any action related to such agreement.

If you enter into this agreement through the IMMWIT affiliate IMMWIT the agreement is governed by the laws of India (without regard to applicable conflict of laws provisions). The courts ofDelhi, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and IMMWIT agree to the personal jurisdiction and venue of these courts in any action related to such agreement.

The agreement will not be governed by the India Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. Unless you enter into this agreement through the IMMWIT affiliate IMMWIT Ltd. or IMMWIT , or unless otherwise set forth in writing in the agreement between you and IMMWIT , the agreement entered into between you and IMMWIT is governed by the laws of the India applicable to contracts wholly entered and performable within such India (without regard to applicable conflict of laws provisions). The India District Court for the District of Delhi or, if federal subject matter jurisdiction is lacking, the Superior Court of the Delhi, shall be the exclusive forum for any disputes arising out of or related to such agreement. Both you and IMMWIT agree to the personal jurisdiction and venue of these courts in any action related to such agreement.

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