NEXAMS TERMS AND CONDITIONS
YOUR USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS OF USE.
The following are terms and conditions of a legal agreement between the person or business entity using our Services (“collectively, “User”, “you”, “buyer””) and NEXAMS website and services which is the entity of Saritvat Technologies Pvt. Ltd. and its affiliates (collectively, “NEXAMS”, “we”, “us” or “our”). These terms and conditions (collectively with NEXAMS “privacy statement” and “content policy” referred as “Terms and Conditions”) govern your use of www.nexamspro.com, (the “Nexams Website” or “Website”), any web and mobile applications (the “Applications”), and the services, features, and content we offer (together with the Website and the Applications, “NEXAMS Services” or “Services”).
The NEXAMS Services are made up of different services provided through the Website. One of our Services enables you to upload a design file and receive the quotes for multiple manufacturing technologies. Website also offers to place an order with us and we will manufacture it for you at your direction. At a charge of a service price and price for the substance used in our materials to manufacture it and ship it to you.
Our services give users a consulting and manufacturing platform for low volume manufacturing requirement with multiple technology options .When we manufacture it for you, We take the ownership of your product quality and requirement for multiple technologies which is offered through the website .NEXAMS provides a platform for users for prototype to low volume manufacturing under one roof and one vendor with varied costing and technology options.
NEXAMS Account Terms
A NEXAMS Account (“Account”) may be required to access and use some NEXAMS Services. If you have questions about Account registration, please contact the NEXAMS customer service. To create a NEXAMS Account, you must have an email address and provide truthful and accurate information. You must be eligible to use the NEXAMS Service for which you are registering regarding age etc. Some NEXAMS Services may require creation of a “user name” or a “persona”. User names and personas are tied to your Account. You may not use a user name or persona that is used by someone else, is vulgar or offensive, contains brand names or otherwise violates the Terms of Service. You are solely responsible for all activity on your Account. NEXAMS reserves the right to block or remove any “user name” or “persona” when required due to business reasons or if the use thereof violates any NEXAMS Terms, laws or regulations, including, without limitation, personality rights, or trademarks.
Your Account may be terminated if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password or other log-in data to others. NEXAMS will not ask you to reveal your password or initiate contact with you asking for answers to your password security questions.
NEXAMS prohibits the use of more than one Account on www.nexamspro.com by one and the same User (“prohibition of multi-accounts”) and the use of multi-accounts in certain cases can lead to an immediate ban of the User. Furthermore, it is strictly prohibited to sell or assign your Account to someone else.The use of NEXAMS Services through an anonymization service that is hiding the true IP address of the User is prohibited.
As our customer, you are responsible for all orders placed and for ensuring that all information provided in a quotation is accurate and complete. If you use the Website, you agree that you shall not use any device, software or routine, including but not limited to any viruses intended to damage or interfere with the proper working of the Website or to intercept or expropriate any system, data or personal information from the website.
Orders and Payments and cancellation Terms
Placing an order: To get the NEXAMS service you need to register and upload the design file then you can select the material, technology and quantity you wish to manufacture the part with. Additional instructions can be posted through comment section (. Please be informed that the language to be used during the whole ordering process is English) .The next step, we ask you to provide us with information we need for the Billing/delivery of the manufactured part. Once you submit you will be able to view the quote within 24-48 hrs of submission. Finally you will be prompted for information required to initiate the payment. Depending on the payment method you select you may be redirected to a third party payment provider website. Please be informed that the language to be used during the whole ordering process is English.
Unacceptable orders, cancellation of orders by us: We try to manufacture the part as per the available advanced technologies. There are, however, technical or other reasons why NEXAMS may not accept or may cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be, but are not limited to, the unfeasibility of the model, or the destination of the delivery you indicated in your order. In case we cancel your partial or entire order, we will contact you via email and, except in cases of fraud or other violations of our policies, issue you a full refund for the cancelled item(s).
Prices: The prices displayed on the Website are only indications and are valid only for the moment that they are displayed. NEXAMS reserves the right to change its prices on the website at any time without prior notice to you. Such change however will have no effect on orders completed before the posting of a new price on the website. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. In the event of an error, any monies paid related to that order will be refunded to you.
Acceptance: After accepting your order we will send you an order confirmation by e-mail to the address associated with your NEXAMS Account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending an email to customer service.
Order Tracking: Through the Website, you can track the status of your order e.g. accepted order, produced, dispatched, delivered etc. Also, can be communicated for any clarification of process through comment section in tracking page.
Shipping: Your order will be delivered to your shipping address. We deliver to multiple countries. You can only select those countries as your shipping address during the ordering process. We will use our commercially reasonable efforts to ship the manufactured part to the shipping address within the delivery time indicated in our confirmation email; nevertheless, depending on your shipping address it may take longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods from NEXAMS to the shipment carrier (FOB Shipping Point, EX Works).
Cancellation of your order: Due to the personalized nature of our Services (i.e. the Manufactured part is supplied by us based on your specifications), you cannot cancel your order after it goes into production. Additionally, except where required by law we are not able to refund purchases at any point. Orders that contain non-refundable items are still cancellable, however note that refund or cancellation will not apply to items in the order that are non-refundable.
Content Policy violations: If we determine that your model violates our Content Policy prior to printing, we will refuse to print the model and issue a refund. If we determine that your model violates our Content Policy after it has been printed, we will not ship the model and may not issue you a full refund
Title, Risk of Loss and Delivery: If conditions arise which prevent compliance with delivery schedules, NEXAMS will not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. However, NEXAMS will use all reasonable efforts to give notice of delays. Delays will not be grounds for cancellation. Delivery occurs Ex Works on the actual shipping date, and title and the risk of loss transfer to you upon shipment
Disclaimer of Warranty
Parts manufactured by NEXAMS are warranted, for a period of three (3) business days after delivery (the “Warranty Period”), to materially conform to the applicable Specs and to be free from material defects in materials and workmanship (collectively, the”Warranty”). Except as excluded in Section 11, in the event of a breach of the Warranty, Customer must notify NEXAMS of the breach in writing, within the Warranty Period. NEXAMS, at its sole discretion and expense, shall repair or replace the defective component(s) of the Part in question. All Warranty replacements or repairs (i) will be limited to nonconformities or defects (as the case may be) that, in the reasonable opinion of NEXAMS, are due and traceable to nonconformities or defects in original materials and workmanship; (ii) shall constitute NEXAMS sole obligation and liability, and Customer’s sole and exclusive remedy, for a breach of Warranty. For repaired or replacement Parts (or components thereof) the Warranty Period will be the remainder (if any) of the initial Warranty Period. In the event of a replacement, replaced Parts (or components thereof) will be owned by NEXAMS. All returns of Parts (or components thereof) by Customer for a breach of the Warranty, must be in accordance with NEXAMS written instructions (which may include an Quote Reference number), and Customer shall be responsible and pay for all costs and expenses (such as Taxes and Shipping Costs) associated with such return. Except for the Warranty: (a) NEXAMS makes no representations, warranties, guarantees or conditions as to materials, strength, tolerances, or other Part characteristics; and (b) all Parts are delivered and accepted in “AS IS” condition.
To the maximum extent permitted by applicable law, NEXAMS hereby disclaims all statutory, express, and implied representations, warranties, guarantees, and conditions of any kind, with respect to the parts or the services provided hereunder, including without limitation any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, quality of service, or otherwise arising out of a course of performance, dealing, or trade usage.
Without limiting any of the foregoing exclusions, Customer further acknowledges and agrees that Parts are not intended for use in, and the foregoing warranty does not apply to and shall be void if any Part fails, malfunctions or is damaged as a result of use in the operation of nuclear facilities, aircraft navigation or air traffic control systems, communication systems in which a failure thereof could cause death or serious injury or tangible property damage (e.g., emergency or 911 communication systems), medical systems, life support systems, or potentially life critical uses.
Use of the NEXAMS Website & Availability
Copyright and all other proprietary rights in the content of the Website and the Services (including but not limited to web application, audio, video, text and photographs and excluding all User Generated Content) rests with NEXAMS or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only, provided that it is attributed to NEXAMS, Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of NEXAMS is unlicensed by NEXAMS. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. You agree not to use any robot, spider, or other automated device to drive traffic to a specific model or shop page in order to manipulate where that model or shop appears on the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.
This Website may provide links to other websites that are not under the control of NEXAMS. NEXAMS shall not be responsible in any way for the content of such other websites. NEXAMS provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by NEXAMS of the content of such websites.
Since the NEXAMS Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavour to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We do not guarantee that any content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any content (including without limitation any content) in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any content (including without limitation any content) from the Services.
We are not responsible for any losses suffered by you as a result of any interruption of the Website, or by the suspension of your access to the Website.
User Generated Content
NEXAMS does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Sites is not necessarily reviewed by the Company prior to posting and does not necessarily reflect the opinions or policies of the Company. If at any time the Company chooses, in its sole discretion, to monitor the Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, designs, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Websites or the Services (collectively, “Content”). Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that NEXAMS shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of the Sites and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.Certain portions of the Websites may offer you the ability to send (by e-mail or otherwise) messages directly to the Company or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Websites. NEXAMS reserves the right, but has no obligation, to monitor disputes between you and other users.
In the event a dispute arises between you and NEXAMS or any third party. You shall contact NEXAMS through email provided at contact details.
Intellectual Property Rights
Customer shall retain all of its Intellectual Property Rights in and to the Specs and the Parts for which Customer has paid. Notwithstanding the foregoing, NEXAMS and/or its Licensors shall own all Intellectual Property Rights in and to the techniques, knowhow, technology, and methodologies used by NEXAMS in manufacturing the Parts and providing services hereunder, or that otherwise relate to tooling, fixtures, molds, patterns and other materials. “Intellectual Property Rights” means all right, title and interest in and to trade secrets, patents, copyrights, designs, know-how, utility models, databases, mask works, software, and other intellectual property, worldwide, and whether or not registered.
Patent infringement or trade secret violation claims
User expressly warrants to NEXAMS that Goods and/or Services fabricated, manufactured or sold by NEXAMS to User in accordance with drawings, specifications or other information provided by User shall not infringe upon any valid United States patent, copyright, or trademark, or knowingly violate any trade secret or other proprietary right of any third party. To the fullest extent permitted by law, User shall, at User’s sole cost and expense, indemnify, defend, release and hold harmless NEXAMS, its officers, directors, agents and employees, from and against any and all claims, demands, lawsuits or proceedings of any kind brought or threatened against NEXAMS and/or its officers, directors, agents and employees based on any claim, in whole or part, that the Goods and/or Services as fabricated or manufactured by NEXAMS in accordance with drawings, specifications or other information provided by User or the sale thereof infringes any patent, copyright or trademark or knowingly violates any trade secret or other proprietary right of any third party, and User shall pay all costs, expenses, damages, liabilities and losses incurred by NEXAMS, its officers, directors, agents and/or employees, as a result of any such actual or threatened claim, demand, lawsuit or proceeding, including, but not limited to, reasonable attorney’s fees
Consent to Use of Personal Data
Personal data is information that identifies you, such as your name, e-mail or postal addresses. NEXAMS does not collect personal data from you except when you specifically provide such data (e.g. when subscribing to e-mail newsletters, taking part in a survey, competition or sweepstake, ordering samples or brochures, or requesting for information) and consent to its use.
We store, use, or transfer your personal data only accordingly to your consent and to the extent – with respect to content and time – needed in each specific case, e.g. to respond to your questions or concerns, to fulfill your requests or to inform you about the results of a competition or sweepstake.
Any other transfer of your personal data, for example the transfer of logon data from our websites to a third party’s social community website or web service like Facebook or Twitter, requires your explicit prior consent. NEXAMS guarantees that it will not sell or lease your personal data to a third party. We may, however, have to disclose information about you if we are required to do so by law or in response to enforceable governmental requests.
Please refer the NEXAMS Privacy Statement for more details.
Third Party Services
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
The Website may include hyperlinks to other websites, content or resources, which are hosted, offered or provided by unrelated third parties or our affiliates. You understand and agree that such third party websites are subject to their own terms and conditions. We have no control over and do not monitor such websites, content, or resources and we make no guarantee, representations or warranties in relation to, and are not responsible for, any such external sites, or the content or resources contained or referred to in them.
Payments and Billing
Our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and Conditions.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
you must provide current, complete and accurate information for your billing account. you must promptly update all information to keep your billing account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify us or our payment processor if your payment method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your user name or password. changes to such information can be made on your account setting page. if you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of paid services under your billing account unless you have terminated your paid services as set forth above.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial.
To the fullest extent permitted by law, User shall, at User’s sole cost and expense, indemnify, defend, release and hold harmless NEXAMS, its officers, directors, agents and employees, from and against any and all claims, demands, lawsuits or proceedings of any kind brought or threatened against NEXAMS and/or its officers, directors, agents and employees based on any claim, in whole or in part, that the Goods and/or Services as fabricated or manufactured by NEXAMS in accordance with drawings, specifications or other information provided by User fail to (i) be adequate for a particular purpose, (ii) comply with any product liability law, rule or regulation pertaining thereto and/or (iii) be adequate for any use to which the Goods and/or Services are put after shipment by NEXAMS to User, and User shall pay all costs, expenses, damages, liabilities and losses incurred by NEXAMS, its officers, directors, agents and/or employees, as a result of any such actual or threatened claim, demand, lawsuit or proceeding, including, but not limited to, reasonable attorney’s fees.
Limitation of Liability
In no event shall NEXAMS or its suppliers, affiliates, service providers and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortious action or any other claim arising out of or in connection with Your use of or access to the Website, its services ,content or this agreement(however arising, including negligence).NEXAMS entire and aggregate liability in any circumstance including these terms and conditions shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to NEXAMS under the relevant order to which the cause of action for the liability related. NEXAMS, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, NEXAMS assumes no liability whatsoever for any monetary or other damage suffered by You on account of: Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website; Any interruption or errors in the operation of the Website.
Further, The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to above clauses, all disputes arising under this Agreement between You and NEXAMS shall be subject to the exclusive jurisdiction of courts at Bangalore, India.
This Agreement contains the entire agreement and understanding among the parties hereto with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous agreements, understandings, inducements and conditions, express or implied, oral or written, of any nature whatsoever with respect to the subject matter of this Agreement. The express terms of this Agreement control and supersede any course of performance and/or usage of the trade inconsistent with any of the terms of this Agreement. This Agreement may not be modified or amended other than by an agreement in writing signed by the parties hereto.
NEXAMS will not be bound by, and specifically rejects, any term, condition, obligation, or other provision which is different from or in addition to the provisions of these Terms and Conditions or which may be in any order, receipt, acceptance, confirmation, correspondence or other document.
If you have any questions about this Terms and Conditions, please contact us
Saritvat Technologies Private Limited.
#20, Andrahalli Main Road,
Peenya 2nd Stage,
Bengaluru, Karnataka -560058
Time: Mon – Sat (9:00 – 18:00)