This document is an electronic record in terms of Information Technology Act, 2000, amendments thereof from time to time and the rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

“We”, “Us”, “Our” – shall refer to EMIS Global Platform and EMIS Global Platform Entities.

“You”, “Yours”, “Yourself”, “EMIS Global User”, – refers to any non-registered individual or corporate body, registered user of EMIS Global and EMIS Global Entities, including but not limited to EMIS Global customers or Merchants.

 “EMIS Global Website” – Shall refer to https://emisglobal.com/ , which is registered by EMIS Global and used as a medium to communicate and inform users of services provided by EMIS Global and EMIS Global Entities, not limiting to its features, terms and conditions, Our contact details.

“EMIS Global Entities” – shall mean group, affiliates, associates and subsidiaries of EMIS Global.

‘EMIS Global Platform” – Refers to any platform owned/subscribed/used by EMI Solution Private Limited, India, EMI Solutions AB, Sweden”,  and EMI Solutions FZ LLC, UAE” (“EMIS Global”) or any other EMIS Global Entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by EMIS Global Entities to provide its services to its Users.

“EMIS Global Services” – shall include all services extended / to be extended by EMIS Global and EMIS Global entity as a group.

“Purchase Order”- shall mean the final agreement of the order value of the EMIS GLOBAL’s services or products sought by the User

“Service Providers” – Refers to any individual, group of individuals defined under law whose services are used by EMIS Global or EMIS Global Entities in order to provide the intended Services to You through EMIS Global Platform.

“Business Partners” – Shall refer to any individual, group of individuals defined under law with whom EMIS Global or EMIS Global Entities have a contractual relationship

 “Terms of use”/” Terms and Conditions”– are interchangeably used and shall have the same meaning.

By accessing EMIS Global Service and EMIS Global Platforms, You represent that:-

• You are 18 years of age or older;
• You are capable of entering into a contract /legally binding agreement;
• You have the right, authority and capability to enter into this Agreement abiding by all the provisions of the “terms of use” of EMIS Global Services.
• You are not barred or otherwise legally prohibited from accessing or using services of EMIS Global or EMIS Global Entities under the laws of the territory you are using the Emis Global Website.
• You are not impersonating any person, or falsely stating your age or affiliation with any person or entity. EMIS Global and EMIS Global Entities shall reserve the right to terminate your contract to use EMIS Global Platform in case of any incorrect representation of the above-mentioned conditions.

EMIS Global and EMIS Global Entities provide services via EMIS Global Platform. You further agree and acknowledge the terms of use of EMIS Global Services provided on EMIS Global Platform. EMIS Global, among others, offers solutions and products that aim to remove or filter Electromagnetic noise and interference in electrical devices and also provides surge-protection for various devices that range from industrial equipment to consumer appliances.

You further agree to EMIS Global Privacy Policy (https://emisglobal.com/privacy-policy/) as applicable for EMIS Global Services and EMIS Global Entities. In order to avail EMIS Global Services, you need a mobile, internet or any other supported device that meets the compatibility requirements of accessing EMIS Global app, which may change from time to time.

Pursuant to an interest or query received through the enquiry forms on the EMIS GLOBAL Website, the EMIS Global will revert to confirm and detail the requirement received. Subsequent to the sales call and the interest of the User, further talks on outlining the product requirement shall take place with the technical team culminating in the formulation of a Purchase Order from the User.

EMIS GLOBAL represents that it has the necessary and required expertise in dealing with the services mentioned herein. EMIS Global has been catering to a diverse clientele over the past couple of years and is fully capable and equipped to deliver quality services and products inter alia that deal with EMI filters and surge-protection devices.

Notwithstanding the comprehensive agreement that will be executed contingent on the issuance of a Purchase Order, EMIS Global broadly represents that all its products are of the quality that is quoted and represented and EMIS global, contingent on other factors, broadly provides device warranty against manufacturing defects ONLY for a period of 24 months from the date of the invoice raised.

All Payments are made as per the conditions set-out and agreed upon by the Parties as laid out in the Purchase order formulated after following a sequential work flow as detailed under the flow of service.

Payments shall be accepted only though legitimate channels as may be mutually agreed upon by the Parties to the Purchase order.

If a purchase order is cancelled after a week of processing the order, a quantum equal to 40% of the Purchase order shall be levied or withheld as cancellation charges.

Further, a warehouse stocking charge equal to 1% of the purchase order per week shall be levied as penalty on the Purchase order issuer, if the consignment that is due to be picked by the User- Purchase order issuer or anyone authorised on their behalf fails to collect or mobilize the same from the designated warehouse within 48 hours of receiving such consignment.

Whilst the foregoing state the terms in a broad and general manner applicable to all services and products of EMIS GLOBAL, a detailed and specific terms of service shall be stated and agreed upon at the time of execution of the Purchase Order.

In order to access EMIS Global Services, you are required to provide information about yourself as part of the enquiry, or as part of your ability to use services provided by Us. You agree that any information you provide will always be accurate, correct, and up to date and some services may require you to share additional information which might include your personal information, personal sensitive information. Your information management shall be as per EMIS Global Privacy Policy.

You further agree that any web-link on the website or Mobile App to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in each such web-link.

You agree that if You provide any information that is incorrect, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is incorrect, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We, shall have the right to indefinitely suspend or terminate or block access to EMIS Global Platform and/or take necessary steps in accordance with applicable Law without any further notice.

Attempting to access EMIS Global Platform using any other means apart from ones provided by Us is strictly prohibited and shall be deemed unauthorized access, whether attempted or accessed through any automated, unethical or unconventional means. Further you should not directly or indirectly engage in any activity using device, software or any routine process that disrupts or interferes with our ability to service you or any other user(s) on EMIS Global Platform, including the servers and/or networks to which our resources are located or connected. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by You, as explained above, and may incur criminal or civil liability.

You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual or digital process, to access, acquire, copy or monitor any portion of the EMIS Global Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the EMIS Global Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the EMIS Global Platform.

You shall not probe, scan or test the vulnerability of the EMIS Global Platform or any network connected to the Us, You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to EMIS Global Platform, or any other customer, including any account on the EMIS Global Platform not owned by You, or exploit the EMIS Global Platform or any EMIS Global Service or information made available or offered by or through the EMIS Global Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the EMIS Global Platform.

You further agree that –

• In the event of any dispute, EMIS Global records shall be binding as the conclusive evidence of the transactions carried out through use of EMIS Global Services.
• EMIS Global shall send all customer communications by SMS and/or email and they shall be deemed to have been received by You after they have been submitted for delivery to the SMS/email service providers.
• Agree to receive all commercial messages including transactional messages from EMIS Global.
• To use the EMIS Global Services in good faith and in compliance with all applicable laws and regulations.

EMIS Global and EMIS Global entities may communicate with you on the contact information that you may have provided to Us during the course of your engagement, including but not limited to signup, transacting or availing any third party products or services on EMIS Global Platform.

We will send you communication alerts via emails or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to, incorrect email address, network interruptions. You agree not to hold EMIS Global liable for non-delivery for any alert or any loss suffered by you due to delay, distortion or failure of communication.

You further acknowledge that you are responsible for the contact details shared with Us and shall update us on any change on your contact details. You authorize Us to contact you and communicate with you for any EMIS Global Service or Offer(s). We may use third party service providers to send alerts or communicate with you.

Intellectual Property Rights for the purpose of this Terms of Use shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of EMIS Global or EMIS Global entities as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

For information about how the EMIS Global collects, uses, and shares your personal data, please check out our Privacy Policy. By using EMIS Global services, you acknowledge that we may use such data in accordance with our Privacy Policy.

Financial and non-financial transactions performed by You on EMIS Global Platform are always processed by You or under Your exclusive authorization.

In no event will EMIS Global be liable for any indirect, consequential, incidental, special or punitive damages, including without limitation damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from the use of or inability to use the Services, however caused and whether arising in contract, tort, negligence, warranty or otherwise, exceed the amount paid by You for using the Services giving rise to the cause of action.

You shall indemnify and hold harmless EMIS Global, EMIS Global Entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

A Force Majeure Event shall mean any event that is beyond the reasonable control of the EMIS Global and shall include but not limited to war, riots, fire, flood, acts of God, explosion, strikes, lockouts, slowdowns, prolonged shortage of energy supplies, Pandemic, computer hacking, unauthorized access to computer data and storage devices, computer crashes ,acts of state, governmental, legal or regulatory actions prohibiting or impeding EMIS Global or EMIS Global Entities from performing its respective obligations under the contract.

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Bangalore shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the EMIS Global Services or other matters covered herein.

Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to EMIS Global Services, except in case of unauthorised transactions on Your EMIS Global account, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use i.e. this agreement.

Any and all disputes or disagreements arising between the parties out of this agreement upon which an amicable understanding cannot be reached shall be decided by arbitration in accordance with the procedural rules Arbitration and Conciliation Act, 1996.

Any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The place of arbitration shall be Bengaluru, unless otherwise agreed upon.

The Users and EMIS Global (“Parties”) agree that the arbitration proceedings shall be conducted by way of submission of written pleadings, documents and submissions made by the parties without any oral hearing.

The Parties agree that the written pleadings will be submitted to the Sole arbitrator appointed by the parties who will resolve the dispute and differences hereunder by fast track procedure.

The arbitrator shall take a decision in a time bound manner after considering only such written arguments. The decision or award so given by the Arbitrator shall be binding on the parties hereto. In case, one of the parties does not take part in the arbitration proceedings and/or obstruct the arbitration proceedings, the Arbitrator shall pass ex parte order which would be enforceable on both the parties.

As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our EMIS Global Services, start offering new services or stop offering old ones on EMIS Global Platforms. Such offering can also be due to discontinuation of any service or offering on EMIS Global Platform by third party service providers or business partners.

We may record or monitor Our conversations with You for records and monitoring the quality of our conversations.

Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.

Except as expressly provided herein and to the full extent permitted by law, the EMIS Global Services are provided “as is”, “as available“. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the EMIS Global Services and other information provided by EMIS Global or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.

If you have a dispute with other parties, you release EMIS Global (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you have any questions or comments about the Terms of Use as outlined above, you can contact us at: EMI Solutions India Pvt. Ltd. #237, A-5, Hosur Road, Bommasandra Industrial Area, Bengaluru, Karnataka 560099.

Email: [email protected]