Terms and Conditions
Terms and Conditions for transacting at and/or dealing with Online Shopping
Website www.av8api.com ("Terms & Conditions")
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This electronic record is generated by a computer system and does not require any physical or digital signatures.
www.av8api.com ("Website")is owned and operated by ALLIED PLASTIC INDUSTRIES, incorporated under smallscale industries act in 1989. Based in 1, Allied Industrial Estate, MMC Road, Mahim -16. Mumbai(India)
All kind of correspondence should be addressed to Support office address as given above.
Use of this Website is regulated by Terms & Conditions provided herein. Your visit, dealing, transacting and/or otherwise using this Website shall be treated as you run conditional acceptance of these Terms & Conditions in entirety. There is an option given during the course of every transaction to enable the User to express his/ her acceptance or rejection of these Terms & Conditions. Please exercise the said option during the course of any transaction after going through these Terms & Conditions, as your acceptance by clicking on "I Agree" shall be deemed that you have accepted these Terms & Conditions fully and you have gone through and understood these Terms & Conditions completely and these Terms & Conditions shall be treated as legally binding and enforceable agreement between the Company and you. If you do not agree with any of these Terms & Conditions or all of these Terms & Conditions, then you should stop dealing with and/or initiate and do any transaction on this Website.
The information, products and services including but not limited to communications tools, forums, shopping services, search services, offered on this Website or through other mediums, whether now known or hereafter developed, is solely for the User's information and subject to the User's acceptance without modification of the terms, conditions and notices contained herein and should not be considered as a substitute for professional advice. User's use of the Website and/ or services is subject to the additional disclaimers and caveats that may appear throughout the Website. The Company, its affiliate companies, associate companies, subsidiaries, consultants, contractors, advisors, accountants, agents, partners and/ or suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User take based on the information, services, Products (as defined hereinafter) and other materials offered on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
The Company may change, suspend and/or discontinue the Product(s) at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and services and/or restrict User's access to parts and/or all of the services without notice and/or liability to the Users.
In this Agreement (as defined hereinafter), "Company" and "User" have been collectively referred to as "Parties" and individually as "Party".
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
B. Company shall mean Allied Plastic Industries.
C. "Product(s)" shall mean any good and/or service offered for sale on the Website for consideration.
D. "User" / "Users" shall mean any person/persons and/or legal entity(ies) who visits, uses, deals with and/or transact at www.av8api.com in any way.
E. Website shall mean www.av8api.com, a website owned and operated by the Company for facilitating online transactions.
Any person who is above eighteen (18) years of age, transacting in Indian Rupees and competent to enter into valid contract under the Indian Contract Act, 1872 shall be eligible to visit, use, deal and/or transact at the Website. If User is not competent to inter into valid contract then User is prohibited to visit, use, deal and/or transact at the Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts under the Indian Contract Act, 1872.
User agrees to be financially responsible for all of User's use of the services and access of the Website (as well as for use of User's account by others, including without limitation minors living with User). User warrants that all information supplied by User in using the services and accessing the Website, including without limitation User's name, email address, street address, telephone number, mobile number, credit / debit card and/ or any other payment instrument number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Website is revoked in such jurisdictions.
I. Amendment of Terms
The Company is entitled, at its sole discretion or as may be required by law, to amend these Terms & Conditions anytime without any prior intimation to anybody. User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Use of the services by User following such notification constitutes User's acceptance of the Terms and conditions of the Agreement as modified.
I. Website Content
The Website and its contents shall only be used in accordance with the terms of the Agreement. All Products/materials displayed and/or performed on the Website are protected by patents, copyright, trademark, trade secrets and other intellectual property rights owned by the Company (as applicable), its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners, and/ or suppliers. User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the services.
The Website is protected by copyright as a collective work and/or compilation, pursuant to Indian Copyrights laws, international conventions, and other worldwide copyright laws.
The Company undertakes to review all claims of copyright infringement received and remove the Content deemed to have been posted or distributed in violation of any applicable laws.
The Company requests that, according to standard practice, if a User uses any information available on the Website for any research that results in an article and/ or other publication, the User lists the Company as a resource in User's bibliography and the User shall take prior permission and (i) give proper credit and ensure that the Company's copyright notice appears on all copies; (ii) no documents or graphics, including logos, available from the Website and/ or Products are modified in any way.
User acknowledges that the Company may or may not pre-screen Content, but that the Company and/ or its designees reserves the right (but not the obligation) to pre-screen, refuse or remove any Content and/ or Products from the Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations or complaints from third parties and/ or authorities relating to such Content) and/ or for no reason at all.
The Company neither warrants nor represents that use of Products by User will not infringe the rights of third parties not owned by or affiliated with the Company. Use for any other purpose is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The Company’s logos, product and service marks and/ or names are trademarks are owned by the Company (the "Marks"). Without the prior written permission of the Company, or its appropriate affiliates, User agrees not to display and/or use in any manner, the Marks. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and/ or to the Marks without the express written permission of the Company or such third party. All other trademarks are the property of their respective owners.
User's misuse of the Products, material and/or Marks on the Website and in its contents, except as provided in this Agreement, is strictly prohibited. User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/ or services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at User's risk as to costs and consequences.
I. Registration Data
User shall be entitled to use the Website for any online shopping transaction after getting him/her registered on the Website after furnishing all relevant information relating to User as sought on the Website. User shall be solely responsible for the confidentiality of its User Id and Password.
User shall be solely responsible for the accuracy and correctness of all such detail / information given by User during registration. The Company shall be entitled to cross verify those detail, if it deems fit. If the Company has reason to doubt the correctness of any detail / information furnished by User or in case any information furnished by User is found incorrect, false or misleading then the Company shall be entitled to cancel or suspend the registration of User permanently or for such period as the Company deems fit.
User shall not (a) select or use name, User ID, mobile number and/or mail id, of another person with the intent to impersonate that person; or (b) use a User id a name subject to any rights of a person other than User without appropriate authorization. The Company reserves the right to refuse registration of, or cancel User id in its discretion.
In order to ensure that the Company is not violating any rights User might have in his/her Information, User hereby agrees to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) User has in his/her Information, in any media now or in future known, with respect to User’s Information solely to enable the Company to use the information User supplies to the Company. The Company will only use User’s Information in accordance with the Agreement.
Cancellations: Cancellations can be done only within 24 hours of payments. otherwise the order will be executed or shipped as per the stock status. Goods will be considered sold in 24 hours of the booking. Once the goods are received by the buyer, he/she must check the delivery and sign on sales documents. Once signed, it will be considered as "material delivered in good condition ". Goods once sold will not be taken back or refunded for, unless of a manufacturing defect. Please read warranties of each & every product.
Delivery: In stock material will leave the go down in 24 hours. Transit time will be mentioned on the delivery mail along with tracking number.
User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
• delivery of Product at wrong address furnished by User.
• any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or
• Any deficiency in payment of consideration payable towards the Products purchased on the Website.
User shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Company.
I. Representations and Warranties
A. User represents and warrants that User is the owner and/or authorised to share the information User gives on the Website. User confirms that the information is correct, complete, accurate, not misleading, does not violate any statutory enactment, notification, order, circular, policy, rules and regulations, is not injurious to any person and/or property.
B. User undertakes to indemnify and keep indemnified the Company and/or its shareholders, directors, employees, officers, affiliates, partners, associate/ subsidiary companies/entities, advisors, accountants, agents, consultants, contractors, , partners and/ or suppliers for all claims resulting from detail/information User posts and/or supplies to the Company. The Company shall be entitled to remove any such detail / information posted by User without any prior intimation to User.
C. User understands that the Company does not have any control on accuracy of information / detail submitted by anybody on the Website and therefore agrees that the Company shall not be responsible for any loss, damage, cost, expenses etc due to inaccuracy of any detail / information submitted by User or anybody else on the Website.
D. User agrees and undertakes that she/ he shall be solely responsible for his/her Information and confirms that information submitted by User:
a. is correct, complete, relevant and accurate.
b. is not fraudulent.
c. does not "stalk" or otherwise harass another user;
d. does not and shall not infringe any third party's intellectual property, trade secret and/or other proprietary rights and/or rights of publicity and/or privacy.
e. shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
f. shall not be indecent, obscene and/or contain pornography and/or contain any thing which is prohibited under any prevailing laws, rules & regulations, order of any court, forum, statutory authority.
g. shall not be seditious, offensive, abusive, liable to incite racial, ethnic and/or religious hatred, discriminatory, menacing, tortuous, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy and/or which may cause annoyance and/or inconvenience.
h. shall not constitute and/or encourage conduct that would be considered a criminal offence, give rise to civil liability, and/or otherwise be contrary to the law.
i. shall not be or include material that is technically harmful (including, without limitation, computer/ mobile viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data or any other code or files) or other computer programming routines that may damage, detrimentally destroy, limit, interrupt, interfere with, diminish value of, surreptitiously intercept or expropriate the functionality of any system, data or personal information.
j. shall not create liability for the Company or cause the Company to lose (in whole or in part) the services of the Company's ISPs or other suppliers.
k. is not in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation.
l. is not illegal in any other way.
Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.
E. User confirms that he/she shall abide by all notices and all the terms and conditions (updated from time to time) contained and mentioned herein.
F. User undertakes and confirms that User shall not use the Company’s website, services and/or materials therein for any purpose that is unlawful and/or prohibited by the terms of the Agreement and/or under any applicable laws, rulings, notifications, orders of any court or statutory authority. User shall not use the Website, services and/or materials therein in any manner which could damage, disable, overburden and/or impair the Website and/or any services therein and/or the network(s) connected to the Website and interfere with other User’s use and enjoyment of the Website and/or services therein.
G. User shall not attempt to gain unauthorized access to any service on the Website, other Users’ Account(s), Computer systems and/or networks connected to the Website through hacking, phishing, password mining and/or any other means(whether now known or hereafter developed or invented). User shall not or shall not attempt to obtain any materials or information through any means not intentionally made available to User through the Website.
H. User agrees and understands that she/ he is responsible for all of his/ her activity in connection with the services and accessing the Website. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website and/ or services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User's right to access the Website.
I. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other User. As a condition of use of this Website, User warrants to the Company that User will not use this Website for any purpose that is unlawful or prohibited by these Terms & Conditions, notices and/ or by the applicable law. Also, User must not harass, intimidate or impersonate other User's or use any information obtained from the service in order to do so.
J. Certain elements of the Website will contain material submitted by other Users. The Company disclaims its responsibility for the content, accuracy, conformity to applicable laws of such material. Part of the Website contains advertising/other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable laws is exclusively on the advertisers and the Company will not be responsible for any claim, error, omission and/or inaccuracy in advertising material. The Company reserves the right to omit, suspend and/or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Website will be subject to the Company’s terms and conditions which are available on request.
II. Payment Terms
User shall be entitled to use his/her valid credit / debit and/ or any other payment cards, online banking facility to make payment against any transaction being effected at the Website. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. User undertakes and confirms that he/she would furnish correct, complete and accurate detail of credit / debit and/ or any other payment cards, online banking accounts and shall be solely responsible for any cost, expense, loss and/or damage which may suffer to User due to furnishing of wrong detail/ information relating to his/her credit / debit and/ or any other payment cards or online banking accounts.
User expressly agrees and declares that the Company shall not be liable for the loss of any nature whatsoever including without limitation indirect, consequential, special and/ or incidental to the User arising, directly or indirectly, out of decline of authorization for any transaction, resulting from the User exceeding his/ her preset permissible payment limit under the credit / debit and/ or any other payment cards and/ or online banking accounts.
The Company confirms that the detail provided by User in this regard shall be kept confidential and shall not be disclosed to any third party except to the extent required under the rules of any stock exchange and/or by applicable laws, regulations and/or processes of any government authority and/or in connection with any judicial process regarding any legal action, suit and/or proceeding arising out of and/or relating to this Agreement.
Further, the Company actively reports and prosecutes actual and suspected credit/ debit/ cash card fraud. The Company may require further authorization from User such as a telephone confirmation of User's order and/or other information. The Company's decision to require further authorization is at the Company's sole discretion. The Company reserves the right to cancel, delay, refuse to deliver, or recall from the carrier any order if fraud is suspected.
The Company captures certain information during the order process, including time, date, IP address, and other information that will be used to locate and identify individuals committing fraud. If any order is suspected to be fraudulent, all records will be submitted with or without a subpoena to all law enforcement agencies and to the credit/ debit/ cash card company for fraud investigation. The Company will cooperate with authorities to prosecute offenders to the full extent of the law.
The Company shall take all reasonable precautions to protect the information provided by the User. However, it is expressly provided and accepted by the User that the Company shall not be responsible in any manner whatsoever for any third party action which results in the information provided by the User being exposed and/or misused by such third party who accessed such information without any authorisation from the Company.
I. Cancellation of Order before Dispatch of Products by the Company
A. The Company hereby informs User that User's receipt of an electronic or other form of order confirmation does not signify the Company's acceptance of User's order, nor does it constitute confirmation of the Company's offer to sell. The Company reserves the right at any time after receipt of User's order to accept or decline User's order for any reason. The Company further reserves the right any time after receipt of User's order, after prior notice to User, to supply less than the quantity User ordered of any item. User's order will be deemed accepted by the Company upon shipment of products or performance of services that User has ordered as indicated by the Company's servers. Title to goods and all risk of loss passes to User upon delivery to the common carrier. The Company may require additional verifications or information before accepting any order.
B. The Company shall have the right to refuse or cancel any orders placed for Products listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. The Company shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and User's credit/ debit/ cash card charged. If User's credit/ debit/ cash card has already been charged for the purchase and User's order is canceled, the Company shall immediately issue a credit to User's credit/ debit/ cash card account for the amount of the charge.
C. User shall be entitled to cancel an order of any Product, booked on the Website, by placing a "Cancel Order" request, by logging a call with Company’s Customer Care Centre by phone on 18002583636.
D. "Cancel Order" can be placed anytime after booking of order but before status of order changes into "handed over to courier" on the Website.
II. Cancellation of Order after Receipt of Product(s) by User
A. All Product purchased from the Website will not be taken back unless of a manufacturing defect. Which will be reviewed in 10-15 days of the complain.
B. On has to sign delivery documents once he/she receives the ordered material
C. Any Product purchased from the Website can be returned to the Company only if the Product supplied by the Company is damaged, defective or the Product received is different from the Product that was ordered.
D. The User shall ensure that he/she does not accept the delivery of any Product whose original packaging is damaged or tampered in any manner.
E. In the event if User, on removing the packaging of the Product, finds the Product is damaged and/or defective and/or is different from the Product that was ordered, User shall immediately intimate the Company’s supprot about such damage and/or defect and/ or difference and the Company shall arrange for the replacement of the Product or refund of price of the Product along with shipping charges, if any, collected by the Company in the unlikely event of the Company being unable to replace the damaged and/or defective Product. For any Refund or Exchange / Replacement of Product the relevant provisions of ‘Refund’ and ‘Exchange’ shall apply as given herein.
F. Goods once sold will not be taken back unless of a proven defect.
All free gifts, in original packing as delivered and unused condition, must be returned along with the Product in case of cancellation of order of the Product with which the free gift(s) is/are given.
II. No Warranty for Freebies
Free gifts given with any of the Product purchased from the Website will not be exchanged and/or covered under any kind of warranty.
A. Any cancellation/exchange in accordance with above terms qualifies for payment reversal / replacement of the Product depending on availability of the Product and preference of User.
B. All eligible refunds against Cancellation of Orders by User before delivery of Product to User will be subject to deduction of 2% of the Product Price already paid (Transaction value) as Banking and Transaction charges and balance would be processed to be refunded to User. User understands and agrees to such deduction by putting Cancellation request for any Order before delivery of Product.
C. Any eligible refund will be initiated by the Company, within 7 (Seven)working days of receipt of Request for Cancellation of Order, in case of Cancellation before delivery of the Products, or within 7 (Seven) working days after the Company’s logistics partner picks up the Product(s) from the User’s place, in case of Cancellation of Order after delivery of the Product(s). However, it will be credited to User’s bank /credit card/debit card account within such time as taken by banking channels to process refund transaction.
D. All refunds will be made out through crediting the account from which the payments were made.
E. Processing Fee Reversal - In case of Cancellation of any Transaction due to any reason, whatsoever, and if there is any EMI Facility availed by User in that particular Transaction then Processing fee debited to User’s credit card account shall be reversed in accordance with the terms of the respective bank and User shall have to contact its card issuing bank in case of any issue relating to reversal of the said processing fee. The Company recommends that User should inform the card issuing bank for the cancellation of the transaction and refund of the processing fee and follow up with the said bank for the said refund. As represented by the Company’s banking partners the said refund of processing fee should take 2 to 3 weeks to get reflected in User’s card account. The refund of any processing fee depends upon the stage of the transaction when it is cancelled and shall be done in accordance with the terms of the card issuing bank. The Company shall not be responsible for any delay or issues relating to refund of processing fee by respective bank.
The Company shall exercise all possible measures to ensure that any Product booked on the Website is delivered within seven (7) working days from date of booking of order on the Website subject to successful realization of payment made against the said Order and availability of the Product(s). However, User understands and confirms that the Company shall not be held responsible for any delay in delivery of Product due to circumstances beyond the control of the Company, provided, the Company takes all required and necessary steps to ensure delivery of the Product within above mentioned timelines.
We offer FREE SHIPPING for all our products. Octroi charges, wherever applicable, shall be borne and paid by the Company and will not be borne by User.
In case User books Order of multiple Products in one transaction, the Company would endeavor to ship all Products together. However, this may not always be possible due to Product characteristics and/or logistics’ issues. If User purchases multiple Products in single transaction, then all the Products would be shipped to a single shipping address given by User. If User wishes to ship Products to different addresses, then User should book separate orders based on delivery addresses.
I. Force Majeure
The Company shall not be liable for any failure and/or delay on its part in performing any of its obligation under this Agreement and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the User by reason there of if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein.
Explanation: "Force Majeure Event" means any event due to any cause beyond the reasonable control of the Company, including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake ,explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Company hereto which prevents timely fulfilment of obligation of the Company hereunder.
I. Warranty Disclaimer
User acknowledges that the Company has no control over, and no duty to take any action regarding which User gain access to the Website and/ or services; what Products, content User accesses and/ or uploads, posts, emails, transmits and/ or otherwise contribute via the Website and/ or services; what effects the Products, content may have on User and/ or any third party; how User may interpret and/or use the Products and/or what actions User may take as a result of having been exposed to the Products and/or content. User releases the Company from all liability for User having acquired or not acquired Products, content through the Website and/ or services. The Website and/ or services may contain, or direct User to sites and/ or services containing, information that some people may find offensive and/or inappropriate. The Company makes no representations concerning any content contained in or accessed through these websites and/ or services, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency, or durability of the products, material contained in, or accessed or purchased through these websites and/ or services. The services, Products, materials, information, content, Website and/ or any software are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement except as provided in the Warranty Terms of the said Products given by respective manufacturer of the said Products. Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to User.
Changes are periodically made and added to Website and to the information herein. The Company, its subsidiaries, affiliates, associate companies, consultants, partners and/or its respective suppliers may make improvements and/or changes to this Website at any time.
The Website and/ or services contain views, opinions and recommendations of users of the Website and/ or Services, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability and/or validity of any opinion and/or other information displayed, uploaded, distributed, posted, emailed, transmitted and/ or otherwise contributed through the Website and/ or services by anybody other than the Company. The Company assumes no responsibility to keep the Products, material and/ or content current, complete, up-to-date, valid, and/or accurate. The Company shall not be responsible in any manner whatsoever for any errors and/or omissions in the materials and/ or content even if such errors or omissions are due to negligence. User acknowledges that any reliance upon any such opinion or information shall be at User's sole risk.
The Company makes no warranty or representation whatsoever regarding the Website and/ or any content, advertising, services and/ or Products provided through or in connection with the Website and/ or services. User acknowledges that any use of such content, services and/ or Products provided through or on the Website and/ or services shall be at User's sole risk. The Company expressly states that the Company shall not be responsible or held liable for any content, services and/ or Products provided through or in connection with the Website and/ or services.
The Company expressly disclaims any and all warranties, express or implied, including, without limitation:
a. Any warranties as to the availability, accuracy, completeness and/or content of information, Products, content and/ or services which are part of the Website and/ or services.
b. Warranties and/or fitness for a particular purpose, and/or merchantability and/or workman effort and/or title and/or against infringement. In no event will the Company, its affiliates, employees, agents, suppliers or contractors etc., be liable to User for any damages and/or losses, including without limitation indirect, consequential, special, incidental and/or punitive damages resulting from or caused by the Website, services, Products, its content and/or any errors and/or omissions in its Content, even if advised of the possibility of such damages. The Products, materials, consultations and services offered on the Website and/ or services are not to be understood as a substitute for the accurate and appropriate consultation with competent advisers.
c. Any information about the product downloaded or otherwise obtained through the use of the Website and/ or service is accessed at User's own discretion and risk, and User shall be solely responsible for any damage to User's computer system or loss of data that results from the download of any such information.
d. The services and/ or software will be free of all viruses.
e. The software will work on all mobile phones, will be compatible with all mobile phone networks and/or will be available in all geographical areas.
f. Any service will be uninterrupted, timely, secure and error-free for any reasons whatsoever including but not limited to overload / breakdown of receiving network, servers or applications; system failures out of the Company’s control or on any days including but not limited to Christmas, Dashera, Diwali, New Year's Eve, New Year's Day, Valentine's Day, Holi and Independence day or any other public holiday due to heavy traffic on network.
I. Limitation of Liability
In no event shall the Company, its subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers and their respective officers, agents, directors be liable with respect to the Website, Products and/ or any services hereunder:
A. for any amount in the aggregate in excess of the price paid by User; or
B. for any indirect, incidental, punitive, or consequential damages of any kind whatsoever including but not limited to loss of use, revenue or profit, good will and/ or other intangible losses arising out of or in any way connected with the use of this Website, Products and/ or the services and/ or the Agreement or with the delay or inability to use this Website, or for any information, materials and/ or Products uploaded, posted, emailed, transmitted and/ or obtained through this Website, or otherwise arising out of the use of this Website, whether based on contract, tort, negligence, strict liability or otherwise, even if the Company, its parent company, subsidiaries, affiliates, associate companies, accountants, advisors, agents, consultants, contractors, partners and/ or suppliers had been advised of the possibility of damages. If User is dissatisfied with any portion of the Website available herein or with any of these Terms & Conditions, User's sole and exclusive remedy is to discontinue using the Website.
I. Personal, Non-Commercial& Non assignable Use
By registering on the Website, User confirms that use of the Website shall be for his/her personal purpose and not for any commercial purpose. User confirms that User's right to access, use, deal with or transact at the Website cannot be assigned to any other person and custody of User Id and Password to access, deal with or transact at the Website shall be sole responsibility of User and User shall be responsible and liable for any misuse of User Id and Password assigned to User by the Company.
• Links to other websites
The Website may contain hyperlinks to websites operated by persons other than the Company (hereinafter referred to as the "Web Links"). Such Web Links are provided for User’s reference and convenience only and they do not constitute as any recommendation and/or advice and should not be relied upon in making and/or refraining from making any decision. The Company reserves its right to remove any such Web Links anytime without any prior notice. The Company is not under obligation to review the contents of Web Links and therefore do not control the contents of those Web Links. User leaves the Website by clicking on Web Links and goes to respective internet websites and use of those Web Links shall be regulated by terms provided on respective websites. The Company is neither acting as publisher of contents of those Web Links nor endorser of any representation published on those Web Links. User agrees, acknowledges and understands that neither the Company nor any of its affiliates are responsible or liable, directly or indirectly, for any damage or loss of any sort caused in connection with User's use of or reliance on any content of any such Web Links or goods or services available through any such Web Links and User confirms that any access of Web Links by User shall be entirely at User’s own risk.
• Product Description & Pricing
A. The Company shall endeavour to the extent possible to be as accurate while providing Product descriptions and pricings. However, the Company does not warrant that descriptions and/or other content and/or prices related to the Products and/or other information and content contained in this Website is accurate, complete, reliable, current and error-free. The Company expressly states that the promotional products (Free Products) displayed along with the Products, carry a notional value and same will be added to the price of the Product purchased on the Website at the time of the raising the final invoice for the Products purchased.
The Company reserves the right, at any time, to change its prices and billing methods for Products sold, effective immediately upon posting on the Website or by e-mail delivery to the User. User hereby acknowledges and understands that for the non-croma Products, the Company is only facilitating the sale of other retailers/alliance partners merchandise and the prices and/ or billing methods for Products or the delivery policies may be changed by the retailers/alliance partners or the carriers anytime with or without prior notice. On being informed about the change in the prices and/ or billing methods for Products or the delivery policies, the Company may take some time to replace or alter the changed price or and/ or billing methods and/ or the delivery policies on the Website.
In the event if the User purchases any products and/ or services on the Website for which the prices or the delivery policies are changed by the retailers/alliance partners or carriers but the revised prices are not updated on the Website at the time of purchase, the Company shall have the right to send an email or SMS to the User, informing the User about the change in the prices and/ or billing methods and/ or delivery policies for Products already sold and cancellation of the transaction and request the User to confirm the purchase of the Products at the revised price and/ or billing methods for Products or the delivery policies. On receipt of such an email or SMS, the User can either confirm the transaction on revised terms or cancel the transaction.
B. The Company shall be entitled to send and User gives his/her consent to receive, information/ offers/ promotional mails and messages pertaining to Product offered by the Company/the associate companies from time to time. It is expressly provided herein that all Products displayed on the Website are either equal to or lesser then the MRP (Maximum Retail Price, inclusive of all taxes) provided by the supplier and mentioned on the Product.
C. C. User agrees and acknowledges that price comparisons (if any), made in the Website to indicate the relative savings amounts of the Company's pricing. "Maximum Retail Price/ MRP" or "List Price" is the suggested retail price provided to the Company by the Company's suppliers. The Company makes no representation that a substantial number of these products have been sold or offered for sale at the MRP or List Price. Actual retail prices in User's area may be substantially different. As the Company sells merchandise belonging to various retailers/ alliance partners over the internet, it is not possible to know if the merchandise is sold at what retail price or list price in any particular location or at any particular time. "WHAT YOU SAVE" reflects the difference between the Company's price and the supplier provided retail price or list price shown on the Website. Because the list price may be different than the actual retail prices in User's area, User may not actually realize a savings of this amount and may want to make an exact comparison by checking the prices of other internet or local retailers prior to making a purchase.
User shall at all times fully indemnify and hold harmless the Company, its officers, directors, agents, and employees, associate companies from any and all costs, losses, claims, demands, damages and liabilities ,actions including costs and reasonable attorneys' fees, made by any third party and/or penalty imposed due to and/or arising out of User’s breach of the Agreement, and/or User’s violation of any law, rules or regulations and/or the rights of a third party and/or the infringement by User including, without limitation, copyright and trademark infringement, obscene and/or indecent postings, and on-line defamation, and/or any third party using the User's account, of any intellectual property and/or other right of any person and/or entity.
The Company may, at any time, terminate or suspend any and all services and/ or access to the Website immediately, without prior notice and/or liability. The services and/ or access to the Website may also be terminated or suspended if:
• User breaches any of the terms or conditions of the Agreement and/or other incorporated agreements and/or guidelines.
• Requests by law enforcement and/or other government agencies.
• Discontinuance and/or material modification to the Website and/ or service (or any part thereof).
• Unexpected technical and/or security issues and/or problems.
• Engagement by the User in fraudulent and/or illegal activities.
• Non - payment of any fees owed by the User in connection with the use of Website and/ or services.
Termination of User account includes:
a. Removal of access to all offerings within the service.
b. Deletion of User password and all related information, files and content associated with or inside User account (or any part thereof).
c. Barring of further use of the Website and/ or service.
Further, the User agrees that all terminations for cause shall be made in Company's sole discretion and that Company shall not be liable to the User or any third party for any termination of User account, any associated email address, or access to the services. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions and warranty disclaimers.
• Governing Law and Jurisdiction
This Agreement shall be governed by, construed interpreted, and enforced in accordance with the laws of India. Except for injunctive reliefs, specific performance and damages any other disputes arising in respect hereto shall be subject to exclusive jurisdiction of the courts of Mumbai.
• General Provisions
a. Electronic communication: User consents and gives his/her consent to receive communications from the Company electronically/through electronic records. The Company will communicate with you by e-mail and/or by posting notices on this Website. User agrees that all agreements, notices, disclosures and other communications that the Company provide to User electronically satisfy all legal requirement of adequate service of notice/electronic record. This document is an electronic record in terms of Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical and/or digital signatures.
b. Assignment: The Company can assign its rights and/or obligations provided herein or arising out of this Agreement to any person. User cannot assign its rights and remedies and/or transfer its obligations under this Agreement without prior written consent of the Company.
c. Severability : Should any provision of this Agreement be determined to be unenforceable and/or invalid, or any transaction contemplated hereby determined to be unlawful by any court of law, or competent government body for any reason, all other provisions shall continue (except if this Agreement stands terminated) in full force and effect.
If anybody does not agree with the Terms and Conditions as provided in this Agreement in entirety his sole and exclusive remedy is to discontinue using any of the services being offered on the Website.