Terms and Conditions

By using various services delivered by Thelema Infotech Solution you abide by the various Terms and Conditions on our Privacy Policy, Refunds, Payments on our Payment Partner’s websites, Shipping Policies if applicable and Escalations. 

Privacy Policy

Our Privacy positions how we at Thelema Infotech Solution collect, use and protect any of the information that is entered by the participant or customer on our Website, or Social media platforms or through written means. We ensure that all the collected informationis safe with us in various forms like physical, electronic and managerial procedures and ensure the security of the data. We DO NOT sell or give the data of our Participants / Customers to any other third-party persons for any reason. Persons seeking that information may strictly refrain from contacting us. 

Information we collect from the participants or customers will contain Name, Mobile Number, Email address, and Demographic information like addresses, pin codes, Date of Birth, Gender, and educational qualifications depending upon the events that the participant or the customer is registering for. We do collect the data for various purposes like intimating the participant or customer for sending information to them towards the successful conduct of the event. From time to time we send promotional emails and SMSto interested participants regarding various events, products and services that are offered by us. If any previously interested customer or participant does not want to receive any promotional email or SMS you can fill out the form below, and we will not send you any further promotions. 

We never collect or store any of your Banking details like Internet banking usernames or passwords, Credit or Debit Cards details, or UPI details for any other cause other than refunds. We will clear the collected details once the refund procedures are completed successfully. 

Refunds

All Payments done for availing of the services are non-refundableunder any circumstances. Paybacks or transferring of the services are not possible. We can offer to change or upgrade your services over cities; no other change or cancellations shall be done under any circumstances. 

If the Event is Cancelled by the Organizer due to any unavoidable circumstances which are out of bound by the Organizer or Natural/Climatic Conditions, the amount collected towards the event will be settled within 10 working days without any deductions of the paid amount towards the participation. 

All refunds will be settled to the Participant’s Bank account or a cheque will be issued in the Participant’s Name. Cash refunds will not be done under any circumstances. For receiving any refund, We require the details of where you wish to receive the refund. 

Refunds Generally happen in the following Stages Verification of Payments, Approval for Refund and Bank Transfer for the Beneficiary.  

Do Not share your Net Banking Use id Passwords, Debit / Credit Card details, or OTP withanyone and keep your details Confidential. Thelema Infotech Solution and its Employees will never ask for any of the above details. If someone seeks any of your above details kindly report to the concerned authorities and keep yourselves safe from any fraudental people. 

Shipping Policy

For registered participants or customers where there is a shipment to be sent to the participants, we ship on the timeline where it is clearly mentioned in the launching of the particular event. There will not be any hidden charges on the shipping as we will be clearly intimating when a particular product is being shipped to the participant/customer. 

We do ship the materials in standard courier services like Blue Dart, Professional Courier, DTDC Courier, ST Courier, or through Speed Post depending on the feasibility of the service with the courier partner. 

General Terms

1. Buyer (End Customer / User) shall mean the person/entity, who accepts/acknowledges these Terms with Thelema Infotech Solution (OPC) Pvt Ltd, the Seller (Thelema Infotech).

2. Cloud Services shall mean Cloud Software as a Service (SaaS), Cloud Platform as a Service (PaaS) and Cloud Infrastructure as a Service (IaaS) as subscribed by theBuyer (End Customer / User) as the case may be, invoiced by the Seller (Thelema Infotech) and governed by these terms.

3. The terms herein are the binding Contract between the Seller (Thelema Infotech) and the Buyer (End Customer / User) and all orders placed by the Buyer (End Customer / User) with the Seller (Thelema Infotech) shall be subject to the terms and conditionshereinbelow. These terms shall prevail over all previous, contemporary communications exchanged between the parties,whether or not in writing including the terms and conditions of invoices under which the Cloud Services were sold to the Buyer (End Customer / User) prior to the date hereof or Buyer (End Customer / User)’s Purchase order terms. The Buyer (End Customer / User) shallnot be entitled to vary, amend, add or alter any of these conditions.

4. Every invoice shall be a binding contract between the Seller (Thelema Infotech) and Buyer (End Customer / User) on a principal dealing with principal basis and shall be deemed conclusive on acceptance of the Cloud Services by/on behalf of the Buyer (End Customer / User). The Buyer (End Customer / User) shall not, in any event, be deemed or construed to be an agent, contractor or representative of the Seller (Thelema Infotech). This contract shall be in addition to the terms of the Dealership Registration Form/ Dealership Registration Agreement and other specific terms of the respective Cloud ServiceProvider as published on the Seller (Thelema Infotech) ‘s website/cloud portal.

5. Buyer (End Customer / User) shall ensure that Buyer (End Customer / User) and its customers comply with all anti-corruption laws including but not limited to FCPA, UK Bribery Act, Prevention of Corruption Act or any other country-specific laws as applicable.

6. Buyer (End Customer / User) shall be responsible for payment of GST and all other duties/taxes as applicable to the sale. If at any time before or after receipt of Cloud Services by the Buyer (End Customer / User), any duty/tariff/tax or charge of whatsoever nature is imposed/increased by the Government of India or the State Government or any other StatutoryAuthority with retrospective effect, then the Buyer (End Customer / User) shall be liable to reimburse the Seller (Thelema Infotech) the difference in the tax to the extent of such increase in respect of the supplies made prior to such change to the extent of the new imposition or increase thereof.

7. The contract is subject to force majeure events which include but are not limited to Act of God, fire, flood, war, public disaster, strike, governmental enactment, rule or regulation or any other cause beyond the Seller (Thelema Infotech)’s control. Seller (Thelema Infotech) shall not be liable for delay in providing Cloud Services on account of such force majeureevents. The Buyer (End Customer / User) shall not be entitled to any compensation, damages, or loss under any circumstances even if the Seller (Thelema Infotech) is advised of such possibility earlier, whether or not time is the essence of the contract.

8. The Buyer (End Customer / User) shall provide necessary certificates against all statutory deductions made out of the payments paid to the Seller (Thelema Infotech), within ninety (90) days before the end of the quarter failing which Seller (Thelema Infotech) shall have the legal right to raise a separate invoice on the Buyer (End Customer / User) against the amount so deducted. Any amount deducted shall be theliability of the Buyer (End Customer / User).

9. No dispute regarding the quantum of the Cloud Services can be raised without written notice to the Seller (Thelema Infotech) within five (5) days of this invoice. In respect of any suchdispute relating to the quantum of the Cloud Services, the Buyer (End Customer / User) agrees to first make payment in full before raising a such claim.

10. All payments for the Cloud Services shall be made by the Buyer (End Customer / User) at the Seller (Thelema Infotech) Registered Office at T46, 3rd Street, Sri Rangam Newtown, Wimco Nagar, Chennai – 600057 or existing Corporate Office. All payments made by cheque are subject to realization and if made by electronic mode (NACH etc.) payment would be subject toreceipt of funds in Seller (Thelema Infotech)’s account. Buyer (End Customer / User) irrevocably undertakes not to hold payments due to the Seller (Thelema Infotech) on account of the dispute between the Buyer (End Customer / User) and the CloudService Provider or a third party for whatever reason. Buyer (End Customer / User) shall pay interest @ 24% per annum or the maximum interest allowed under applicable laws forpayment made beyond the due date until the date of realization with the applicable taxes and penalties.

11. All bank charges in respect of the payment (including collection or cheque bouncing charges, return charges pursuant to the dishonour of standing instructions) andstamp duty on bills of exchange, hundies wherever applicable shall be paid by the Buyer (End Customer / User) under this invoice with GST as applicable to the account of the Buyer (End Customer / User). TheSeller (Thelema Infotech) shall not be liable for any loss or theft of bank drafts, cheques etc. in transit.

12. Any notice or other documents shall be deemed to be validly served on the Buyer (End Customer / User) if sent by ordinary post/reputed courier to the known address of the Buyer (End Customer / User) or to the registered email address of the Buyer (End Customer / User).

13. All and any dispute arising out of all or any terms of this Contract between the Parties herein shall be resolved through Arbitration. Either of the Parties maynotify the dispute of another party, enabling them to find an amicable settlement of the dispute within thirty (30) days of such notification. In the event,that noamicable settlement has arrived within thirty (30) days as stated supra, either of the parties shall refer the dispute to Arbitration. M/s Redington (India) Ltd, shallimmediately appoint a Sole Arbitrator within one (1) month of such reference of the dispute to Arbitration. Buyer explicitly agrees and waives off any right to question the appointment of Arbitrator as above. Such proceedings shall be conducted in English language only and in accordance with the provisions of The Arbitration andConciliation Act, 1996, as amended. The finding of the Sole Arbitrator shall be final and be binding on all the parties. The Venue will be as fixed by the sole arbitrator and the same will be binding on the parties. The Seat for the Arbitration shall be exclusively at Chennai. The governing laws shall be Indian laws and the parties explicitly agree that all or any legal proceedings in connection with the Arbitration proceedings shall be subject to the exclusive Jurisdiction of Courts in Chennai alone. The Seller shall also have the right to initiate the appropriate civil/criminal proceedings including complaint u/s 138 of the NI Act, as applicable.

14. It is acknowledged and confirmed that the Seller (Thelema Infotech) has the right to transfer or assign any of its rights arising out of these terms of the contract/ invoice including without limitation the right to transfer or assign the receivables to any third party, without having to secure any separate consent from the Buyer (End Customer / User).

15. Buyer (End Customer / User) acknowledges that this is a contract for the supply/fulfilment of Cloud Services and the Cloud Services so provided under these presents are being made available #AS IS# provided by the Cloud Service Provider or their respective Suppliers. Seller (Thelema Infotech) does not make any representation towards warranty or functionality or quality or fitness for a particular purpose in respect of the Cloud Services made available hereunder. All claims in relation to the Cloud Services shall be addressed only to the Cloud Service Provider.

16. The Buyer (End Customer / User) explicitly agrees not to hold the Seller (Thelema Infotech) responsible and liable for quantum, quality, functionality or defect in the Cloud Services provided hereunder including intellectual property infringement claims such as patent, copyright and trademark infringement claims from the Buyer (End Customer / User) or a third party. Buyer (End Customer / User) undertakes not to use the patents, trademarks or trade names of Seller (Thelema Infotech) or the Cloud Service Providers without the prior written consent of the Seller (Thelema Infotech).

17. Buyer (End Customer / User) shall ensure compliance with all applicable local laws relating to its business as well as other applicable foreign laws including the respective Cloud Service Provider terms in respect of the Cloud Services availed by the Buyer (End Customer / User). The buyer (End Customer / User) shall also ensure that the Buyer’s (End Customer / User) customers/end users comply with the above requirement. It is the responsibility of the Buyer (End Customer / User) to ascertain respective Cloud Service Provider terms on its/their own for the purpose of compliance and shall inform their customers/end users of this requirement. Seller (Thelema Infotech) shall in no event be liable for an act of ignorance of applicable law by the Buyer (End Customer / User) or its customers.

18. Buyer (End Customer / User) hereby undertakes to comply with any import, re-import, export and re-export control laws or regulations that are applicable to Cloud Services and shall not under any circumstances, use, sell or cause to be sold through any third party, the Cloud Services for use in connection with chemical, biological, nuclear weapons, mass destructive or in unauthorized applications or in a facility engaged in such activities, within or outside India and to customers who are prevented from receiving the Cloud Services under any laws including U.S export regulations. The Buyer (End Customer / User) would also ensure that the Buyer (End Customer / User)’s customers are kept fully informed of all such compliance requirements and make all efforts to ensure that the customers adhere to all the compliance requirements.

19. Seller (Thelema Infotech) shall not be responsible for any wrong/misrepresentation made by the Buyer (End Customer / User) in respect of Cloud Services. The total cumulative liability of the Seller (Thelema Infotech) to Buyer (End Customer / User), its customers or any third party under any circumstances shall not exceed the amount of the particular invoice giving rise to such claim. Seller (Thelema Infotech) shall not be liable for any direct, indirect, special or consequential damages even if advised of such possibilities earlier.

 

Escalations..??

For any escalations in the above terms and conditions, Privacy Policy, Refunds or Shipments a participant / customer can directly reach our admin stating the issue, by filling the below form and the admin team will get in touch with you as earlier as possible to fix your issue and maintain a longterm smooth relationship.