Terms and Conditions of Purchase

1. Introduction and Legal Status of This Agreement

The website located at www.optimist.in (the "Website") and the Optimist mobile application (the "App") are owned and operated by OctoLife Climate Solutions Private Limited, a company incorporated under the Companies Act, 2013, having its registered office at HD-596, WeWork Prestige Atlanta, 80 feet road, Koramangala I Block, Bangalore, Karnataka - 560034, India ("Optimist", "Company", "We", "Us", or "Our").

These Terms and Conditions ("Agreement" or "Terms") constitute a legally binding contract between Optimist and any person who accesses the Website or App, places an Order, or uses any Service provided by Optimist (the "Customer", "You", or "User").

This Agreement is an electronic record within the meaning of the Information Technology Act, 2000 and rules framed thereunder, and does not require physical or digital signature. By performing any act of acceptance described herein, You agree that this Agreement is enforceable against You in the same manner as a written and signed contract.

2. Scope and Applicability of These Terms

These Terms govern and apply to:

• Access to and use of the Website and App
• Creation and use of Customer accounts
• Purchase of air conditioners, parts, accessories, and services
• Installation, demonstration, and service visits
• Warranty registration and claims
• App-based connected features
• Payments, refunds, cancellations, and replacements
• All communications, interactions, and Instructions given by You

In addition to these Terms, the following policies form an integral part of this Agreement and are incorporated by reference:

• Privacy Policy
• Warranty Policy
• Installation Policy
• Return & Refund Policy
• Extended Care / AMC Policy
• App Terms of Use

In case of conflict, the specific policy governing that subject matter shall prevail.

3. Acceptance of Terms

You indicate Your acceptance of these Terms by:

• (a) ticking a checkbox or clicking an "I Agree" button;
• (b) accessing or browsing the Website or App;
• (c) creating or accessing an account;
• (d) placing an Order or making a payment;
• (e) registering a product or warranty;
• (f) scheduling installation or service;
• (g) interacting with any Optimist service, system, or personnel.

If You do not agree with these Terms, You must not use the Website, App, or Services.

4. Definitions and Interpretation

Unless the context otherwise requires:

5. Eligibility and Capacity

The Service is intended only for persons who are at least 18 years of age and legally capable of entering into binding contracts under Indian law.

By using the Service, You represent and warrant that You are legally competent to do so. If You are under 18 years of age, You must not place Orders or interact with the Service except through a parent or legal guardian.

Optimist reserves the right to deny access or cancel Orders where eligibility cannot be verified.

6. Service Availability and Limitations

Optimist uses commercially reasonable efforts to ensure continuous availability of the Website and App. However, uninterrupted or error-free operation cannot be guaranteed due to:

• Maintenance or upgrades
• System failures
• Internet outages
• Cybersecurity events
• Third-party service failures

Optimist may impose technical or non-technical limitations on usage, including transaction limits, bandwidth restrictions, or account-level controls, without prior notice.

7. Customer Accounts

You may be required to create an account to access certain Services. You agree to provide accurate, current, and complete information and to update it as necessary.

You are solely responsible for maintaining confidentiality of your login credentials and for all activities conducted under your account. Optimist shall not be liable for any loss or damage arising from unauthorized access caused by Your failure to safeguard credentials.

8. Customer Content and Communications

You may submit reviews, feedback, ratings, or communications ("Content"). You represent that You own or control all rights to such Content and that it does not violate any law or third-party rights.

By submitting Content, You grant Optimist a perpetual, irrevocable, royalty-free, worldwide, and sublicensable right to use, reproduce, modify, publish, translate, distribute, and display such Content for operational, marketing, analytical, or improvement purposes, without compensation or attribution.

Optimist reserves the right to remove Content at its discretion without notice.

9. Legality of Use and Prohibited Conduct

You shall not use the Website, App, or Services in a manner that:

• Violates any applicable law
• Infringes intellectual property rights
• Is fraudulent, deceptive, or misleading
• Contains malware, viruses, or harmful code
• Impersonates another person
• Disrupts systems or infrastructure
• Attempts unauthorized access
• Engages in scraping, reverse engineering, or data extraction

Optimist may suspend or terminate access immediately upon detecting such conduct and may initiate legal action where necessary.

10. Third-Party Service Providers

Certain aspects of the Service are performed by Third-Party Service Providers, including payment gateways, logistics providers, and service engineers.

Optimist does not control, endorse, or guarantee the performance of such third parties and shall not be responsible for their acts or omissions. You agree to comply with their applicable terms and conditions.

11. Modification of Services and Terms

Optimist reserves the right to modify, suspend, or discontinue any part of the Service or these Terms at any time. Changes will be posted on the Website or App with an updated revision date.

Your continued use after such modification constitutes acceptance of the revised Terms.

12. Reservation of Rights

All rights not expressly granted to You under this Agreement are reserved by Optimist. No implied rights are granted.

13. Order Placement and Acceptance

13.1 Nature of Order

Any Order placed by You through the Website or App constitutes a legally binding offer made by You to purchase the Product(s) specified in such Order, subject to these Terms. An Order is not deemed accepted by Optimist merely upon receipt of payment or issuance of an order confirmation.

13.2 Order Confirmation

Upon successful placement of an Order, Optimist will issue an acknowledgement via email, SMS, or App notification ("Order Confirmation"). Such confirmation is only an acknowledgement of receipt of Your offer and does not constitute acceptance.

13.3 Acceptance of Order

Acceptance of Your Order occurs only when Optimist dispatches the Product(s) and issues a dispatch confirmation ("Dispatch Confirmation"). Optimist reserves the absolute right to cancel any Order prior to dispatch without assigning any reason.

14. Right to Refuse or Cancel Orders

Optimist may, at its sole discretion, refuse or cancel Orders in cases including but not limited to:

• Incorrect pricing or typographical errors
• Product unavailability
• Delivery location not serviceable
• Payment failure or suspicion of fraud
• Misuse of offers or promotions
• Violation of these Terms
• Bulk or resale suspicion without approval
• Regulatory or legal constraints

In such cases, any payment received shall be refunded in accordance with Section 22 (Refunds).

15. Personal Use and Business Orders

Products sold through the Website and App are intended for personal, residential use only. You represent that Products are not purchased for resale or commercial exploitation.

Business or bulk Orders may be accepted at Optimist's sole discretion upon submission of required documentation, including GSTIN. Optimist reserves the right to reject such Orders without assigning reason.

16. Pricing, Taxes and Invoicing

16.1 Pricing

All prices are displayed in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise. Prices may change without notice and shall be final at the time of Order placement.

16.2 Pricing Errors

In the event of a pricing or description error, Optimist reserves the right to cancel the Order and refund any amount paid.

16.3 Taxes

You shall bear all applicable taxes, including GST, duties, cess, and levies. Tax invoices will be issued in accordance with applicable laws. Any change in tax rates after Order placement but before invoicing shall be applied in accordance with law.

17. Payments and Payment Gateways

17.1 Payment Modes

Payments may be made via credit card, debit card, UPI, net banking, EMI, or other methods offered by third-party payment gateways.

17.2 Third-Party Processing

All payments are processed by independent third-party gateways. Optimist does not store card or banking details and shall not be liable for failed, delayed, or reversed transactions.

17.3 Payment Disputes

Any disputes regarding payment must be resolved with the issuing bank or payment provider. Optimist shall not be liable for any losses arising from payment gateway errors.

18. EMI and No-Cost EMI

Optimist may offer EMI or No-Cost EMI options at its sole discretion. EMI approval is subject to the issuing bank's policies and eligibility criteria.

Optimist shall not be responsible for:

• EMI rejection
• EMI conversion failure
• Interest charged by banks
• Processing or convenience fees

All EMI disputes must be resolved directly with the bank or NBFC.

19. Order Cancellation by Customer

19.1 Cancellation Before Dispatch

You may cancel an Order without penalty before dispatch, provided the cancellation option is available in the account dashboard. Once the Product is dispatched, cancellation is not permitted except as provided below.

19.2 Cancellation After Dispatch

Cancellation after dispatch is permitted only in limited circumstances including:

• Physical damage observed at delivery
• Dead on Arrival (DOA)
• Incorrect product delivered

Optimist reserves the right to inspect and verify such claims before approving cancellation. If cancellation is approved, refund shall be processed as per Section 22.

19.3 Doorstep Refusal

Refusal of delivery for reasons other than damage or incorrect product may attract logistics and handling charges, which shall be deducted from the refund amount.

20. Delivery Terms

20.1 Serviceable Locations

Delivery is available only within India to serviceable pincodes. Optimist reserves the right to restrict delivery to certain locations.

20.2 Delivery Address

Products shall be delivered to the address provided at the time of Order placement. You are responsible for ensuring accuracy of the address and availability of a recipient.

20.3 Large Appliance Delivery

You acknowledge that delivery of large appliances depends on availability of adequate access (stairs, lifts, passages). If delivery cannot be completed to the specified address, delivery may be completed at ground-floor location, which shall be deemed successful delivery.

20.4 Inspection at Delivery

You must inspect the Product immediately upon delivery. If damage is observed, you must either refuse delivery or note the damage on the proof-of-delivery document.

21. Delivery Delays, Errors and Loss

21.1 Delay

Delivery timelines are estimates only. Optimist shall not be liable for delays caused by logistics, weather, government orders, or third-party failures.

21.2 Incorrect Delivery

In case of incorrect delivery, you must notify Optimist immediately. Optimist will take reasonable steps to resolve the issue.

21.3 Loss in Transit

If a Product is lost in transit, Optimist may, at its discretion, replace the Product or issue a refund if replacement is not commercially viable.

22. Refunds

22.1 Refund Mode

Refunds shall be processed to the original payment method only and may take 7–10 business days.

22.2 Deductions

Optimist may deduct reasonable logistics, payment gateway, or handling charges where cancellation occurs after dispatch or refusal without valid reason.

22.3 No Cash Refunds

Refunds shall not be made in cash or to alternate accounts.

23. Title and Risk of Loss

Title and ownership of the Product transfers to You upon successful delivery. Risk of loss or damage also transfers upon delivery.

24. Limitation of Remedy

The remedies provided in this Part constitute Your sole and exclusive remedies for Order-related issues. Optimist's liability is limited to refund or replacement at its discretion.

25. Installation and Demonstration Terms

25.1 Installation Eligibility

Installation of Optimist air conditioners shall be carried out only by authorised service partners appointed by Optimist. Installation is available only at residential addresses within India that fall within Optimist's serviceable network. Installation is scheduled separately after delivery and is not automatic upon delivery unless explicitly stated.

25.2 Scope of Standard Installation

Standard installation includes mounting of indoor and outdoor units, basic piping up to the specified length, vacuuming, electrical connection to existing point, and performance testing. Any additional work including extended piping, core cutting, civil work, additional wiring, brackets, stands, or stabilizers shall be chargeable to the Customer at prevailing rates and payable directly to the service engineer or Optimist as specified.

25.3 Site Readiness

You are responsible for ensuring that the installation site is safe, accessible, and ready for installation. If the service engineer determines that the site is unsafe, structurally unsuitable, or violates installation guidelines, installation may be refused or rescheduled without liability to Optimist.

25.4 Refusal of Installation

Optimist reserves the right to refuse installation where:

• The location poses a safety risk
• Structural integrity is compromised
• Electrical supply is unsafe
• Unauthorized modifications are present
• Installation violates building rules or law

In such cases, delivery shall be deemed complete and no refund shall be issued.

26. Warranty Registration and Validity

26.1 Mandatory Registration

Warranty becomes valid only upon successful registration of the Product through the Optimist App using the serial number, purchase invoice, and customer details.

26.2 Warranty Scope

Warranty covers manufacturing defects under normal domestic use. It does not cover consumables, cosmetic damage, or failures due to improper installation, voltage fluctuations, misuse, or unauthorised repair.

26.3 Warranty Exclusions

Warranty shall be void if:

• Product is relocated without authorised reinstallation
• Non-genuine parts are used
• Repairs are attempted by unauthorised personnel
• Damage is caused by external factors, natural disasters, or pests
• App-based monitoring is disabled or tampered with

27. Extended Warranty and AMC Plans

27.1 Optional Purchase

Extended warranty and Annual Maintenance Contracts ("AMC") may be purchased separately and are governed by their own terms. Acceptance of AMC is subject to product condition and serviceability.

27.2 Coverage

AMC may cover labour, parts, gas, preventive maintenance visits, and service response times depending on the selected plan. Coverage is limited to normal residential use.

27.3 Exclusions

AMC does not cover:

• Physical damage
• Improper usage
• Relocation
• Acts of God
• Structural modifications
• Software or third-party integrations

Optimist reserves the right to charge separately for non-covered services.

28. Service Requests and Repair Terms

28.1 Service Requests

Service requests must be raised through the App, Website, or authorised call centre. You must provide accurate information regarding the issue.

28.2 Inspection and Repair

Service engineers may inspect the Product to determine fault origin. Optimist reserves the right to repair, replace, or refund at its sole discretion where repair is not commercially viable.

28.3 Parts Replacement

Any replaced parts become the property of Optimist. Optimist may use reconditioned parts with equivalent performance.

28.4 Refusal of Service

Optimist may refuse service where:

• The Product is tampered with
• Installation is unauthorised
• Access is unsafe
• Customer behaviour is abusive
• Product is non-genuine

29. Cleaning Services (If Applicable)

Optimist may offer paid cleaning services for indoor and outdoor units. Cleaning services include basic washing, filter cleaning, and performance checks, and do not include repairs, gas refilling, or part replacement.

Cleaning services must be prepaid and may be rescheduled subject to availability. Refunds for unused cleaning services may be processed at Optimist's discretion.

30. Connected Features and Data Usage

30.1 App Connectivity

By pairing the Product with the App, you consent to remote diagnostics, performance monitoring, energy tracking, firmware updates, and service alerts.

30.2 Data Collection

Optimist may collect anonymised usage data for product improvement, warranty validation, and service optimisation.

30.3 Service Access

You authorise Optimist to access device data remotely to diagnose issues during service requests.

31. Product End-of-Life and Discontinuation

Optimist may discontinue models or parts at its discretion. Where spare parts are no longer available, Optimist may offer replacement, upgrade, or refund at depreciated value in accordance with applicable policy.

32. Limitation of Liability for Service

Optimist shall not be liable for:

• Loss of comfort due to downtime
• Indirect or consequential losses
• Property damage caused by pre-existing conditions
• Delays in service due to factors beyond control

Optimist's liability shall be limited to repair, replacement, or refund at its discretion.

33. Intellectual Property Rights

33.1 Ownership

All intellectual property rights in and to the Website, App, Products, Services, software, firmware, product designs, industrial designs, technical documentation, algorithms, data models, trademarks, trade names, logos, domain names, content, text, graphics, images, videos, and all related materials ("Optimist IP") are owned exclusively by Optimist or its licensors.

Nothing in this Agreement grants You any right, title, or interest in Optimist IP except the limited right to use the Website and App in accordance with these Terms.

33.2 Copyright and Database Rights

All content on the Website and App is protected under Indian and international copyright and database laws. Compilation of content, product listings, pricing, and data structures constitutes proprietary databases owned by Optimist.

You may not reproduce, modify, distribute, scrape, harvest, or create derivative works from any part of the Website, App, or Service without prior written permission.

33.3 Limited License to Customer

Optimist grants You a limited, non-exclusive, non-transferable, revocable license to access and use the Website and App for personal, non-commercial purposes only, subject to these Terms.

33.4 Restrictions

You shall not:

• Reverse engineer, decompile, or disassemble any part of the Website, App, or Products
• Use data mining, bots, or scraping tools
• Frame, mirror, or deep-link Optimist content
• Use Optimist trademarks without permission
• Create competing services using Optimist IP

34. License by Customer

By submitting any content, feedback, or communications to Optimist, You grant Optimist and its Affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable license to use, reproduce, modify, publish, distribute, and display such content in any form or media for operational, analytical, or promotional purposes.

You waive any moral rights in such content to the extent permitted by law.

35. Disclaimer of Warranties

To the maximum extent permitted by law, the Website, App, Products, and Services are provided on an "AS IS" and "AS AVAILABLE" basis.

Optimist makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, reliability, performance, or uninterrupted operation.

Optimist does not warrant that:

• The Website or App will be error-free
• Products will meet all expectations
• Services will be uninterrupted
• Data will be accurate or complete

36. Limitation of Liability

To the maximum extent permitted by applicable law:

• Optimist shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, or goodwill
• Optimist shall not be liable for third-party actions or failures
• Optimist shall not be liable for service delays or downtime
• Optimist's total liability, if any, shall not exceed the amount paid by You for the Product or Service giving rise to the claim.

37. Indemnification

You agree to indemnify, defend, and hold harmless Optimist, its Affiliates, directors, officers, employees, agents, and service partners from any claims, damages, losses, liabilities, costs, or expenses (including legal fees) arising out of:

• Your breach of these Terms
• Your misuse of the Website, App, or Services
• Your violation of law or third-party rights
• Your submitted content
• Fraudulent or unlawful activity

38. Third-Party Websites and Services

The Website or App may contain links to third-party websites or services. Optimist does not control or endorse such third parties and shall not be responsible for their content, performance, or policies. You access third-party services at Your own risk.

39. Force Majeure

Optimist shall not be liable for failure or delay in performance due to events beyond its reasonable control, including but not limited to:

• Natural disasters
• Government orders
• War or civil unrest
• Pandemic or epidemic
• Power or network failures
• Cyber attacks
• Supply chain disruptions

Performance obligations shall be suspended for the duration of such events.

40. Term and Termination

40.1 Term

This Agreement remains effective from the date of acceptance until terminated.

40.2 Termination by Optimist

Optimist may suspend or terminate Your access, account, or Orders at its sole discretion, without notice, if You violate these Terms, misuse the Service, or engage in unlawful conduct.

40.3 Termination by Customer

You may terminate this Agreement by ceasing use of the Website, App, and Services, subject to outstanding obligations.

40.4 Effect of Termination

Upon termination, Optimist may:

• Cancel pending Orders
• Refuse service
• Recover unpaid amounts
• Require return of Products in case of fraud

41. Survival of Provisions

The following sections shall survive termination: Intellectual Property, Warranty Disclaimers, Limitation of Liability, Indemnification, Governing Law, Jurisdiction, and any provisions which by their nature should survive.

42. Assignment

You may not assign Your rights or obligations under this Agreement without Optimist's prior written consent. Optimist may assign this Agreement without restriction.

43. Severability

If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

44. Waiver

Failure by Optimist to enforce any right shall not constitute a waiver of such right.

45. Relationship of Parties

Nothing in this Agreement creates a partnership, employment, or agency relationship between You and Optimist.

46. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of India. Courts at Bangalore, Karnataka shall have exclusive jurisdiction over any dispute.

47. Interpretation

Words importing singular include plural and vice versa; references to statutes include amendments; headings are for convenience only and do not affect interpretation.

48. Contact Information