TERMS & CONDITIONS
Terms & Conditions
Your activities and acquisitions at the Site are governed by (a) the end user license agreement(s) incorporated in the evaluation copies of the applications licensed in registered form through the Site (which terms are incorporated into the Agreement by this reference), and (b) this document, the conditions, notices, and consents that are provided or obtained in connection with the Site (collectively, “Agreement”). As used in the Agreement “you” are an individual acting on your own behalf, or “you” are an agent of a person or entity that has authorized you to act on that person’s or entity’s behalf.
By using the Site or by placing an order through the Site, or by placing an order through any other medium for products described or made available through the Site, you agree as follows:
1. Order Modification, Cancellation, and Refunds
You agree that all orders placed through the Site, by telephone, by FAX, by electronic mail, by conventional mail, or by any other medium are considered to have been processed at such time as they are received and accepted by EqualSolution.com (or any of its order processing agents, e.g., Bill Desk). Once your order has been processed, it may not be modified or canceled in any way, for any reason.
You undertake that, having placed an order, you have ensured that all the information provided to EqualSolution.com. in conjunction with your order is accurate and correct. You further undertake that you are the person or entity identified as the intended recipient of the product or products being ordered, or that you are acting on behalf of the person or entity so identified with the full authority of the person or entity to enter into the transaction which constitutes your order.
You undertake that you have fully evaluated the current shareware evaluation versions of the software products you are ordering and that you have found them to be entirely suitable for your applications, and free of “bugs” or other limitations which would render the software products unsuitable for use in your applications.
You agree that you will make no effort to withhold payment for your order or to subsequently dispute payment for your order, subject to the laws of the jurisdiction where you reside.
You agree that in the event EqualSolution.com does not receive complete payment for your order due to a dispute, insufficient funds, or any other cause, EqualSolution.com shall have recourse to seek payment in any manner it sees fit, subject to the laws of the jurisdiction where you reside. Further, in this eventuality, you agree to pay, in addition to the total value of your order, any reasonable cost of collection required to obtain payment for your order by EqualSolution.com or its agents or representatives.
You agree, in the case of software products that are to be delivered by downloading, that you have sufficient expertise to affect the download using the download facilities provided by EqualSolution.com. The responsibility for successfully acquiring downloadable products is wholly yours. You further agree that your inability to download the software you have purchased does not constitute sufficient grounds for the cancellation of said order, or for the dispute of the charges for said order or any products therein.
You agree that non-delivery of your order does not constitute sufficient grounds for cancellation of said order, or for the dispute of the charges for said order or any products therein. In the event that your order is not delivered within the time specified by EqualSolution.com at the Site, you agree to contact EqualSolution.com and arrange to have a replacement order shipped or provided by electronic media, the medium of the replacement order to be identical to the medium of the original order. You agree that the sole responsibility of EqualSolution.com is the replacement of your order. You agree to indemnify, hold harmless, and defendEqualSolution.com and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from the non-delivery of your order.
In the event that your order is found to have been undelivered due to an error in the information provided by you to EqualSolution.com for the purpose of shipping your order, you agree to compensate EqualSolution.com for the cost of a replacement order, including but not exclusive to packaging, media costs, labor, and postage or shipping costs, if so requested by EqualSolution.com.
Refunds would be processed on a pro-rata basis and on a case-to-case basis. For refunds that are approved, the payment would be adjusted on a pro-rata basis and the amount paid would be that of the remaining duration of the subscription, minus any charges incurred for processing the payment via the payment gateway.
2. License
You agree that in ordering software products from EqualSolution.com, you are purchasing a license or licenses to use the software products, subject to the specific license terms of the software products. Said licenses pertain only to the version and revision level of the software products current at the time the licenses are conveyed and do not extend to future releases or updates of the software products.
You agree that the licenses for the software products you have ordered are deemed to be conveyed at such time as your order for the software products is processed and accepted by EqualSolution.com.
You agree that upon receipt of the software products, licenses, or registration codes for the software products you have ordered, by electronic or physical media, whichever occurs first, you are deemed to have received in full the licenses for which you have paid.
You agree that EqualSolution.com shall have the right to terminate your license and your use of licensed products owned at such time as a breach of this agreement or of the specific license agreements for the software products is discovered by EqualSolution.com, brought to your attention in writing and which remains unresolved for a period in excess of thirty (30) calendar days beyond the date upon which you are notified of said breach. Upon termination of your license, you will undertake to delete and destroy all licensed materials, copies thereof, and registration codes provided to you by EqualSolution.com. EqualSolution.com shall not be required to provide you with redress, compensation, replacement, or refund in the event of the termination of your product licenses as the result of an agreement breach.
3. Warranty
You understand and agree that EqualSolution.com makes no warranty as to the functionality or suitability of its software products. You agree to accept sole and complete responsibility for any loss, damage or expense caused to you or to third parties as a result of your use of the software, and to indemnify, hold harmless, and defend EqualSolution.com and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use of any software products.
You agree that EqualSolution.com does not undertake to support the software products you have licensed, and payment for the software does not include payment for support of any kind. EqualSolution.com may at its discretion provide you with support services related to the software.
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THERE IS NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, THE SERVICES, OR ANY ASPECT OF THE INFORMATION MADE AVAILABLE VIA THE WEBSITE OR SERVICES. YOU RECOGNIZE THAT THE ACCURACY OF ANY SUCH INFORMATION SHOULD BE CHECKED BEFORE YOU RELY ON IT.
YOU ACKNOWLEDGE THAT DOCUMENTS POSTED TO AND CONTENT AVAILABLE ON THE WEBSITE MAY CONTAIN COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. SHOULD YOU DOWNLOAD ANY SUCH MATERIALS FROM THE WEBSITE, IT IS YOUR RESPONSIBILITY TO PERFORM ANY ANTI-VIRUS SCANNING OR OTHER PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE WEBSITE AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR DATA YOU USE IN CONNECTION WITH THE WEBSITE.
LIMITATION OF LIABILITY IN NO EVENT WILL EQUALSOLUTION.COM OR ITS AFFILIATES BE LIABLE TO YOU, YOUR CUSTOMERS, OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO, LOST PROFITS, TRADING LOSSES, OR DAMAGES THAT RESULT FROM INCONVENIENCE), OR CLAIMS ARISING IN TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EVEN IF EQUALSOLUTION.COM, ITS AFFILIATES HAVE BEEN ADVISED OF OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL EQUALSOLUTION.COM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEEDS THE AMOUNT PAID BY YOU, IF ANY FOR ACCESS TO THE WEBSITE OR THE SERVICES.
4. Privacy and Security
EqualSolution.com undertakes to take all reasonable precautions to ensure the privacy of information provided to it by you for the purpose of placing an order or otherwise licensing or purchasing products, and for subsequent communications concerning your order, the products you have ordered, or related matters. These precautions include but are not exclusive to:
Your name, address, telephone number, credit card information, and e-mail address will not be disclosed to third parties without your express permission or proper legal due process, except as is required to facilitate the processing of your order or subsequent related communications.
You undertake that you will keep in confidence any information provided by EqualSolution.com to you, subject only to proper legal due process. You will not disclose to third parties any communication from EqualSolution.com to you without the express written permission of EqualSolution.com.
You undertake that software product registration codes constitute confidential information provided to you by EqualSolution.com, and you undertake that you will not communicate them to third parties except as is required to install the licensed software in accordance with the terms under which it is purchased. You will not store, record, transmit or communicate registration codes in an insecure manner, as would permit them to become known to parties that have not entered into the license agreement for the software.
You undertake that intellectual property owned or distributed by EqualSolution.com and its suppliers, including but not exclusive to the text of books, images, and recorded sound, constitute confidential information provided to you, and that you will not communicate, distribute or disclose this information to third parties or store it in a manner likely to allow it to be disclosed to third parties except under conditions permitted in the specific license agreements for said intellectual property. In the absence of specific agreements permitting the disclosure of this material, said intellectual property shall be deemed confidential.
You undertake that in the event that your order proves to be in any way fraudulent, or that you violate any terms of this agreement or the license terms of the products which you license or purchase, or that you attempt to disavow or dispute all or part of the purchase price for your order, EqualSolution.com shall be free to disclose any and all information provided by you in any manner it sees fit.
You agree that EqualSolution.com is not responsible for errors, acts of third parties, or acts of God which may result in the unintentional disclosure of your private information. You agree to indemnify, hold harmless, and defend EqualSolution.com and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from the unintentional disclosure of your private information.
5. Disclaimer Regarding Investment Decisions And Trading
Decisions to buy, sell, hold or trade in securities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of “day trading” involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall EqualSolution.com be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through the Website or our Services.
6. Registration Codes
EqualSolution.com’s software products are personalized and enabled through the use of a registration code keyed to the name of the license holder for the product, said registration code to be conveyed to the license holder at the time of purchase. You acknowledge that once conveyed, the safekeeping and continued availability of the registration codes and attendant information for products you have purchased a license or licenses for rests solely with the license holder. EqualSolution.com may, at its discretion, attempt to assist license holders who have lost their registration codes, but it is under no obligation to do so.
Your Representation
You represent and warrant for the benefit of EqualSolution.com that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement and make the payment, credit card charges on your own behalf or on behalf of any person or entity for whom you are acting as agent; and (c) all information that you submit to us is true, accurate and current.
You represent that, in the event that you provide EqualSolution.com with a physical address to which products are to be shipped, said address constitutes a secure and suitable location to which your order can be delivered and accepted by you or someone acting on your behalf. You agree that EqualSolution.com will not be responsible for the loss of your order after it has been delivered to the address you have provided. You further agree that EqualSolution.com will not be responsible for the unintentional disclosure of your private information after it has been consigned to any third-party carrier, including public mails.
7. Electronic Communication
By placing an order with EqualSolution.com, you permit us to communicate with you through electronic media such as e-mail for the purpose of fulfilling and subsequently servicing your order. You agree and understand that electronic communication is not infallible and that if all or part of the license or license requirements for your ordered products is to be delivered by electronic media and fail to be received by you, EqualSolution.com sole responsibility will be to retransmit the aforementioned material by electronic media. You agree to indemnify, hold harmless, and defend EqualSolution.com and its suppliers from and against any claims or lawsuits, including attorney’s fees, that arise or result from the failure of the aforementioned material to be successfully transmitted to you by electronic media.
8. Submission of Ideas, Suggestions, or other Intellectual Property
Any comments or information that you provide to EqualSolution.com, for example, feedback or ideas, suggestions, concepts, or other information (collectively, the “Submissions”), shall be deemed, and shall remain, the property of EqualSolution.com. None of the Submissions shall be subject to any obligation of confidence on the part of EqualSolution.com, and EqualSolution.com shall not be liable for any use or disclosure (including publication in any medium) of any Submissions. Without limitation of the foregoing, EqualSolution.com shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature and shall be entitled to unrestricted use of the Submissions for any purpose, commercial or otherwise, without compensation to the provider of the Submissions9
9. Availability of Ordered Products
All items ordered from EqualSolution.com are subject to availability. We reserve the right to reject any and all orders. Subject to applicable law, EqualSolution.com reserves the right to deliver items acquired as part of your order at different times in the event that they are not available for shipment at the same time. EqualSolution.com also reserves the right to limit the quantity of any items that may be obtained by you through the Site.
10. License to Use the Site
We hereby grant you the right to view and use the Site for the purpose of shopping in accordance with this Agreement. You may download and print copies of this document and of screens from this Site for the purpose of retaining records of your transactions at the Site. Subject to applicable law, EqualSolution.com reserves the right to suspend or deny, at its sole discretion, your access to all or any portion of the Site with or without notice.
Equal Solution does not provide market data for any kind of Gaming / Virtual trading / Simulation usage, as per NSE/SEBI guidelines. If you have such requirements, please take approvals from NSE & SEBI before approaching us.
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Jurisdiction
This Agreement is governed by the laws of India. Each of the parties hereto irrevocably at torns to the jurisdiction of the courts of the India and further agrees to commence any litigation which may arise hereunder in the courts located in the Chinsurah,West Bengal, India.
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Entire Agreement
If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. The Agreement (including any related consents or agreements that you provide during your visit to the Site) together with any license or agreement with EqualSolution.com delivered in connection with any item acquired via the Site, constitutes the entire agreement between you and EqualSolution.com with respect to the Site and that item, and supersedes all other (prior or contemporaneous) communications and proposals, whether electronic, oral or written, between you and EqualSolution.com regarding the Site and/or any order you place through it.
THIS AGREEMENT MAY BE AMENDED FROM TIME-TO-TIME AT THE SOLE DISCRETION OF COMPANY. USER SHALL BE PROVIDED WITH TEN (10) DAYS ADVANCE NOTICE BY EMAIL OF ANY SUCH AMENDMENTS AND SHALL HAVE THE OPPORTUNITY TO REFUSE SAID AMENDMENTS SOLELY BY REQUESTING TERMINATION OF ACCESS TO THE SOFTWARE.