Terms of purchase & License agreement
PLEASE READ THESE TERMS OF PURCHASE, LICENSE AGREEMENT AND WARRANTY STATEMENT ("AGREEMENT") CAREFULLY BEFORE PURCHAGING AND USING YOUR NRI COMMUNICATION LTD’s PRODUCT (NRI IP TV BOX). FOR THE PURPOSES OF THIS AGREEMENT, “NRI COMMUNICATION LTD’s PRODUCT” IS THE NRI IP TV BOX AND THE “ACCESSORIES” ARE THE RCA CABLES, POWER ADAPTOR, REMOTE CONTROL AND THE WIRELESS USB DEVICE THAT IS BUILT IN THE NRI COMMUNICATION LTD’s PRODUCT. THIS AGREEMENT IS THE LEGAL AGREEMENT BETWEEN YOU AND NRI COMMUNICATION LTD (“NRI COMMUNICATION LTD”) GOVERNING YOUR USE OF THE NRI COMMUNICATION LTD’s PRODUCT, THE SOFTWARE (INCLUDING THE EMBEDDED NRI COMMUNICATION LTD’s SOFTWARE AND ANY THIRD PARTY SOFTWARE) THAT CAME INSTALLED ON THE NRI COMMUNICATION LTD’s PRODUCT AND ANY UPDATES, UPGRADES, BUG FIXES OR MODIFIED VERSIONS THERETO (“SOFTWARE”) AND RELATED DOCUMENTATION. BY USING YOUR NRI COMMUNICATION LTD’s PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT GRANTED ANY RIGHTS IN THE SOFTWARE, AND YOU SHOULD NOT USE THE NRI COMMUNICATION LTD’s PRODUCT.
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND YOU HAVE NOT USED THE NRI COMMUNICATION LTD’s PRODUCT AND ARE THE ORIGINAL END USER/ PURCHASER OF THE NRI COMMUNICATION LTD’s PRODUCT, YOU MAY RETURN THE UNUSED AND UNDAMAGED NRI COMMUNICATION LTD’s PRODUCT IN ITS ORIGINAL PACKAGING WITH ALL ACCOMPANYING SOFTWARE AND DOCUMENTATION AND OTHER ITEMS TO THE PLACE WHERE YOU OBTAINED IT WITHIN 14 DAYS AFTER PURCHASE FROM NRI COMMUNICATION FOR A REFUND ACCORDING TO THE REFUND POLICY STATED BELOW.
The SERVICES ARE PROVIDED "AS-IS"
THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NRI COMMUNICATION LTD. EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NRI COMMUNICATION LTD. MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NRI COMMUNICATION MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES.
Refund Policy (Only applies to customers who bought their box from www.NRI Communication Ltd.com Or www.nriiptv.ca) If you are the original purchaser of the NRI Communication Ltd’s Product and you are not satisfied with the NRI Communication Ltd’s Product, you may email us at sales@NRI Communication.com for a Return request within fourteen (14) days of receiving the product. Please include your original NRI IP TV Box and all related accessories. To get refund Product should be undamaged and in the original packaging, including all accessories.
If you are eligible for refund, 10% of your actual price of the product will be deducted from the original purchase price including any sales tax and excluding any costs of shipment and handling. If you return the product in bad condition or missing items we will charge you additional fees or you may not get any refund.The separately purchased accessories (Remote Control, Power Adapter) are not refundable.
NRI Communication Ltd. warrants to you that, for a period of 180-days from the date of the purchase by the original end-user purchaser (the “Warranty Period”), your NRI Communication Ltd’s Product and the Accessories will be substantially free of hardware defects in materials and workmanship under normal use. Your exclusive remedy and NRI Communication Ltd's entire liability under this warranty will be for NRI Communication Ltd. at its sole option to repair or replace the Product or Accessories or refund your purchase price less any rebates. This limited warranty extends only to the original end-user purchaser.
NRI Communication Warranty Policy & Procedures:
1- If a defect arises during the Warranty Period, contact NRI Communication Ltd. Sales team. BE SURE TO HAVE YOUR PROOF OF PURCHASE ON HAND WHEN CALLING or CONTACTING NRI COMMUNICATION LTD. RETURN/REFUND REQUESTS CANNOT BE PROCESSED WITHOUT PROOF OF PURCHASE. 3- Terms and conditions to avail the warranty: If the new unit you purchased from our website has a hardware fault and does not work on arrival, NRI Communication Ltd. will replace the box at no cost and will pay the shipping both ways.
If there is a hardware or software fault with in the warranty period of 180 days, NRI Communication Ltd. will fix or replace the unit with the refurbished at no cost. But you are responsible for shipping defective product to NRI Communication Ltd. NRI Communication Ltd. pays for shipping from NRI Communication back to you only. If the hardware is damaged in any way (warranty void, tampered with or anything broken), no warranty will be honored. If you want the broken unit back, you will pay for shipping from NRI Communication to you and inspection fees of $50.
In case you send us a working product without any issues during the warranty period, NRI Communication will charge you $50 as inspection fees. You are responsible for shipping from NRI Communication Ltd. back to you. One way shipping will be paid by NRI Communication Ltd only for the defective products. Customers located outside of the Canada are responsible for all shipping and handling charges.
After 180 days , or if you do not have proof of purchase, no matter when you purchased the product, the service of the NRI IP TV BOX will not be free of cost. In that case, you are required to pay for shipping the defective product back to NRI Communication Ltd. and also pay for shipping from NRI Communication Ltd. back to you along with the service charges.
Limitations on Warranty.
This warranty does not apply:
(a) to damage caused by use with non- NRI Communication Ltd’s products;
(b) to damage caused by accident, misuse, being subjected to abnormal physical or electrical stress, or other external causes;
(c) to damage caused by operating the product outside the permitted or intended uses described by NRI Communication Ltd;
(d) if the product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by NRI Communication Ltd.;
(e) to a product or part that has been modified, except by NRI Communication Ltd.;
(f) to consumable parts, such as batteries;
(g) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, that does not otherwise affect the product’s functionality or materially impair your use;
(h) if the warranty sticker has been removed or altered.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS", WITH ALL FAULTS. EXCEPT AS SPECIFIED ABOVE IN THIS SECTION, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY NRI COMMUNICATION, ITS SUPPLIERS AND LICENSORS. NRI COMMUNICATION Ltd. DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY SET FORTH ABOVE FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU..
Terms & Conditions
Modification of Terms & Conditions
You acknowledge and agree that NRI Communication Ltd. may, in its sole discretion, revise these Terms & Conditions at any time. By continuing to access or use the Services after NRI Communication makes any such revision, you agree to be bound by the revised/current/latest Terms & Conditions.
Your Use of the Services
You may only use the Services for your personal and non-commercial purposes, and subject to the restrictions set forth in these Terms & Conditions. Furthermore, the Services may contain links to or Content from other websites or sources that are completely independent of NRI Communication Ltd. and may require you to accept additional terms of service which will be presented to you before you can use such Services. Such Content may be protected by copyright or other intellectual property laws and treaties, and may be subject to Terms & Conditions of the third party providing such Content. These Terms & Conditions do not grant you any rights to use such Content nor does it guarantee that such Content will continue to be available to you. NRI Communication Ltd. and its licensors reserve the right to change, suspend, remove, or disable access to any Content or any other aspect of the Services at any time without notice in its sole discretion. In no event will NRI Communication Ltd. be liable for changing, suspending, removing or disabling access to any Content or any other aspect of the Services. NRI Communication Ltd. may also impose limits on the use of or access to certain Services, in any case and without notice or liability. There may be interruptions in the delivery or availability of some or all Content at any time. You understand that by using any of the Services, you may encounter Content that may be deemed offensive, indecent, or objectionable, which Content may or may not be identified as having explicit language. Nevertheless, you agree to use the Services at your sole risk and that NRI Communication Ltd. shall have no liability to you for Content that may be found to be offensive, indecent, or objectionable. You acknowledge and agree that NRI Communication Ltd. is not responsible for examining or evaluating the Content or accuracy, completeness or authenticity of any Content. NRI Communication Ltd, its officers, affiliates, Agents, Sales Persons and subsidiaries do not warrant or endorse the Content and shall not, directly or indirectly, be liable or responsible, in any way, to you or any other person for the Content or for any inaccuracies, errors in or omissions from the Content. You agree that you will not use the Services in a manner that would infringe or violate the rights of any other party, and that NRI Communication Ltd. is not in any way responsible for any such use by you. By accessing or using the Services, you acknowledge that NRI Communication Ltd. makes no representations or warranties with regard to the appropriateness or accuracy of the Content.
NRI Communication Ltd. Property
All right, title, and interest in and to the Services including but not limited to any Content, are and will remain the exclusive property of NRI Communication Ltd and the respective owners. The Services are protected by copyright, trademark, and other laws of both the Canada and foreign countries. Except as expressly permitted in these Terms & Conditions, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You may not use Services on or in connection with any hardware or software other than a NRI Communication Ltd. device, for any purpose.
Product names, logos, brands, and other trademarks featured, or referred to, on NRI Communication.com or nriiptv.ca, are the property of their respective trademark holders. These include, but are not limited to, NRI Communication Ltd, YouTube, Cinema Now, Bit Torrent and others. Except for NRI Communication Ltd, trademarks and trademark holders are not affiliated with NRI Communication Ltd. or its products, promotional materials, or website(s), nor do they sponsor or endorse NRI Communication Ltd. NRI Communication Ltd. will have the right to investigate and prosecute violations of the Terms & Conditions, including intellectual property rights infringement and security issues, to the fullest extent of the law.
NRI Communication Ltd. may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms & Conditions. You acknowledge that NRI Communication Ltd. has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the NRI Communication Ltd. Service, to ensure your compliance with these Terms & Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
If you violate any of these Terms & Conditions, your permission to use the Services will automatically terminate. NRI Communication reserves the right to revoke your access to and use of the Services at any time, with or without cause.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NRI COMMUNICATION LTD. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, INCLUDING BUT NOT LIMITED TO THE CONTENT, WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NRI COMMUNICATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT NRI COMMUNICATION LTD. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, NRI COMMUNICATION LTD. WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT DOWNLOADED OR OTHERWISE ACCESSIBLE FROM OR THROUGH THE SERVICES. YOU AGREE THAT THE AGGREGATE LIABILITY OF NRI COMMUNICATION LTD. TO YOU FOR ANY AND ALL CLAIMS ARISING IN CONNECTION WITH THE SERVICES IS LIMITED TO FIFTY DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NRI COMMUNICATION LTD. AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, IN NO EVENT WILL NRI COMMUNICATION Ltd, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFITS, OR LOST OR DAMAGED DATA, BUSINESS INTERRUPTION, LOSS OF CAPITAL, PERSONAL INJURY OR FOR CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NRI COMMUNICATION Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.In no event shall the total liability of NRI Communication Ltd, its suppliers Sales persons, agents and licensors to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars (CAD $50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of British Columbia, Canada, notwithstanding any conflicts of law provisions. The parties specifically disclaim the application of the UN Convention on Contracts for the International Sale of Goods. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Agreement will be binding unless in writing and signed by NRI Communication Ltd. If any part of this Agreement is found to be unenforceable, the remainder shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein. Any translation of this Agreement is done for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of this Agreement shall govern.
You agree to defend, indemnify, and hold harmless NRI Communication Ltd., its officers, directors, employees, Sales Person and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms & Conditions.
In the event that any provision of these Terms & Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms & Conditions shall continue in full force and effect and the unenforceable provision shall be reformed so as to give maximum legal effect to the intentions of the parties as expressed herein.
Controlling Law and Jurisdiction
These Terms & Conditions and any action related thereto will be governed by and interpreted in accordance with the laws of the Province of British Columbia without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms & Conditions will be the Provincial and federal courts located in Greater Vancouver Area, Canada, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
These Terms & Conditions constitute the entire and exclusive agreement between NRI Communication Ltd. and you with respect to the Services and supersede and replace any prior or contemporaneous understandings between NRI Communication Ltd. and you regarding the Services.
Open Source Software
Certain software libraries and other third party software included in the Software are “free” or “open source” software and are subject to separate license terms (“Open Source Software”). Such Open Source Software is distributed WITHOUT ANY WARRANTY, without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. Certain Open Source Software has been or may be made available by NRI Communication Ltd. on its web site. NRI Communication Ltd. is not obligated to provide any warranty, maintenance, technical or other support for the resultant modified NRI Communication Ltd. Software or its use on NRI Communication Ltd’s Products.
Consent to Use of Data
Content owners use Windows Media digital rights management technology (WMDRM) to protect their intellectual property, including copyrights. The NRI Communication Ltd. Product uses WMDRM software to access WMDRM protected content. If the WMDRM software fails to protect the content, content owners may ask Microsoft Corporation (“Microsoft”) to revoke the software's ability to use WMDRM to play or copy protected content. Revocation does not affect unprotected content. When you download licenses for protected content, you agree that Microsoft may include a revocation list with the licenses. Content owners may require you to upgrade WMDRM to access their content. If you decline an upgrade, you will not be able to access content that requires the upgrade. This Software is protected by certain intellectual property rights of Microsoft. Use or distribution of such technology outside of this NRI Communication Product is prohibited without a license from Microsoft.
MPEG-1, MPEG-2, MPEG-4, H.264/AVC Notice
To the extent that the Software contains MPEG-1, MPEG-2, MPEG-4 AND/OR AVC decoding functionality, commercial use of such software requires additional licensing and the following provision applies: THE MPEG-1, MPEG-2, MPEG-4 AND AVC FUNCTIONALITY IN THE SOFTWARE IS LICENSED HEREIN ONLY FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO DECODE VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO THAT WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE MPEG-1, MPEG-2, MPEG-4 AND/OR AVC VIDEO, AS APPLICABLE. INFORMATION REGARDING OTHER USES AND LICENSES MAY BE OBTAINED FROM MPEG LA L.L.C. SEE HTTP://WWW.MPEGLA.COM.