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Terms and Conditions for Transacting At and/or Dealing with Online Shopping Website
www.av-visionindia.co.in
(A)
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.
(B) This document is
published in accordance with the provisions of Rule 3(1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that
require publishing the rules and regulations, privacy policy and user
agreement for access and/ or transacting and/ or usage of
www.av-visionindia.co.in and sets out the terms and conditions governing
it and the disclaimer ("Terms & Conditions").
(C) www.av-visionindia.co.in ("Website") is owned and operated by AV-VISION EQUIPMENTS (INDIA) PVT. LTD., a company incorporated under the Companies Act, 1956 (as amended from time to time) vide CIN- U32304TG2007PTC056103, having its Registered Office at #1-20-248, Second Floor,(Snowcem Paints Lane) Rasoolpura, Secunderabad - 500 003, (Telangana), India. hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns]. All kinds of correspondence should be addressed to the support office address as given above.
(D) Use of this Website is regulated by the Terms
& Conditions provided herein. Your visit, dealing, transacting
and/or otherwise using this Website shall be treated as you have read,
understood and unconditionally accept these Terms & Conditions.
These Terms & Conditions shall be treated as a legally binding and
enforceable agreement between the Company and you. If you do not agree
with any and/or all of these Terms & Conditions, then you should
stop dealing with and/or cease to initiate and do any transaction on
this Website.
(E) 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.
(F)
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
(G)
In this Agreement (as defined hereinafter), 'Company' and 'User' have
been collectively referred to as "Parties" and individually as "Party".
(1.0) Definitions
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
(1.1) Agreement:
shall mean agreement between the Company and User with terms and
conditions as provided herein and includes the Privacy Policy,
Disclaimer, Secure Shopping and all the schedules, appendices and
references mentioned herein with all such amendments as effected by the
Company from time to time.
(1.2) B2B User: shall mean all
business to business users & shall include but not limited to
dealers/sub-dealers/retailers & such of all those
individuals/entities that shall be dealing with the products purchased
from the Company.
(1.3) B2C User: shall mean business to customer/user i.e., the end user of the product/s purchased from the Company.
(1.4) Company: shall mean AV-VISION EQUIPMENTS (INDIA) PVT. LTD.,
(1.5) Exchange Policy: shall have the meaning ascribed to it in Clause 8.0.
(1.6) Express Shipping Service: shall have the meaning ascribed to it in Clause 14.0.
(1.7) Force Majeure Event: shall have the meaning ascribed to it in Clause XIX.
(1.8) Products: shall mean any good and/or service offered for sale on the Website for consideration.
(1.9) Refund Policy: shall have the meaning ascribed to it in Clause 11.0.
(1.10) Return Policy: shall have the meaning ascribed to it in Clause 7.0.
(1.11) Terms & Conditions: shall have the meaning as ascribed hereinabove.
(1.12) User / Users :
shall mean any person/persons and/or legal entity(ies) who visits,
uses, deals with and/or transact at www.av-visionindia.co.in in any way
& refers to both the categories of “B2B User” & “B2C User”.
(1.13) Website: shall mean www.av-visionindia.co.in, a website owned and operated by the Company for facilitating online transactions.
(2.0) User Eligibility
(2.1)
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.
(2.2)
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.
(2.3) If You use the
Website, You shall be responsible for maintaining the confidentiality of
your Display Name and Password and You shall be responsible for all
activities that occur under your Display Name and Password. You agree
that if You provide any information that is untrue, inaccurate, not
current or incomplete or We have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with the this Terms of Use, We shall have the right to
indefinitely suspend or terminate or block access of your membership on
the Website and refuse to provide You with access to the Website.
(2.4)
The registration of account of “B2B User” shall be through a separate
screening process done by the Company. The “B2B User” shall fulfil all
the conditions necessary for registration of an account. All the
formalities involved in this screening process shall be specified
separately by the Company & the registration shall be completed
& account shall be made active only after the proposed “B2B User”
fulfils all such pre-requisites necessary. The Company shall have the
sole discretion to indefinitely suspend or terminate or block access of
your membership on the Website and refuse to provide You with access to
the Website.
(3.0) Amendment of Term
(3.1) 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.
(4.0) Website Content
(4.1) 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.
(4.2) 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.
(4.3) 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.
(4.4) 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.
(4.5) 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.
(4.6)
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.
(4.7)
The Company's logos, product and service marks and/ or names are
trademarks which 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.
(4.8) 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.
(5.0) Registration Data
(5.1)
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.
(5.2) User shall be solely
responsible for the accuracy and correctness of all such
details/information given by User during registration. The Company shall
be entitled to cross verify those details, if it deems fit. If the
Company has reason to doubt the correctness of any details/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.
(5.3) 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.
(5.4)
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.
(5.5) User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
(5.5.1) Delivery of Product(s) at wrong address furnished by User.
(5.5.2) any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or
(5.5.3) Any deficiency in payment of consideration payable towards the Products purchased on the Website.
(5.5.4) The
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.
(5.5.5) While
placing an order, User shall not make multiple quantity of same or
different product spanning across multiple order in the same day under
the same name or group of companies id will be treated as bulk order and
Company reserves its right to cancel such bulk orders. If at any time,
it is found/observed that User has by misrepresentation or any other way
has ordered more than 3 units of a particular product, it will amount
to bulk order and the Company reserves its right to reject such order(s)
partly or fully. The fulfillment of order placed by the User shall be
subject to availability of the stock with the Company.
(6.0) Representations and Warranties
(6.1)
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.
(6.2)
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.
(6.3)
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.
(6.4) User
agrees and undertakes that she/ he shall be solely responsible for
his/her Information and confirms that information submitted by User:
(6.4.1) Is correct, complete, relevant and accurate.
(6.4.2) Is not fraudulent.
(6.4.3) Does not "stalk" or otherwise harass another user;
(6.4.4)
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.
(6.4.5) Shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
(6.4.6) 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.
(6.4.7) 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.
(6.4.8) 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.
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.
(6.4.9) 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.
(6.4.10)
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.
(6.4.11) Is not illegal in any other way.
(6.4.12) Shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) Belongs to another person and to which You does not have any right to;
(b)
is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of
women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is
patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h)
infringes upon or violates any third party's rights [including, but not
limited to, intellectual property rights, rights of privacy (including
without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i)
promotes an illegal or unauthorized copy of another person's
copyrighted work (see "Copyright complaint" below for instructions on
how to lodge a complaint about uploaded copyrighted material), such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
(j)
contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page);
(k)
provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from
anyone;
(l) provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries
to gain unauthorized access or exceeds the scope of authorized access
to the Website or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Website or solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users;
(o) engages in commercial
activities and/or sales without Our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the
buying or selling of "virtual" products related to the Website.
Throughout this Terms of Use, Company's prior written consent means a
communication coming from Company's Legal Department, specifically in
response to Your request, and specifically addressing the activity or
conduct for which You seek authorization;
(p) solicits
gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
(q)
interferes with another USER's use and enjoyment of the Website or any
other individual's User and enjoyment of similar services;
(r)
refers to any website or URL that, in Our sole discretion, contains
material that is inappropriate for the Website or any other website,
contains content that would be prohibited or violates the letter or
spirit of these Terms of Use.
(s) harm minors in any way;
(t)
infringes any patent, trademark, copyright or other proprietary rights
or third party's trade secrets or rights of publicity or privacy or
shall not be fraudulent or involve the sale of counterfeit or stolen
products;
(u) violates any law for the time being in force;
(v)
deceives or misleads the addressee/ users about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature;
(w) impersonate another person;
(x)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information;
(y)
threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa)
shall not, directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any item, the dealing of which is prohibited or
restricted in any manner under the provisions of any applicable law,
rule, regulation or guideline for the time being in force.
(ab) shall
not create liability for the Company or cause the Company to lose (in
whole or in part) the services of Our internet service provider ("ISPs")
or other suppliers;
1. 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
process, to access, acquire, copy or monitor any portion of the Website
or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website or any Content, to obtain or
attempt to obtain any materials, documents or information through any
means not purposely made available through the Website. We reserve our
right to bar any such activity.
2. You shall not attempt to
gain unauthorized access to any portion or feature of the Website, or
any other systems or networks connected to the Website or to any server,
computer, network, or to any of the services offered on or through the
Website, by hacking, password "mining" or any other illegitimate means.
3.
You shall not probe, scan or test the vulnerability of the Website or
any network connected to the Website nor breach the security or
authentication measures on the Website or any network connected to the
Website. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Website, or any other
customer, including any account on the Website not owned by You, to its
source, or exploit the Website or any service or information made
available or offered by or through the Website, 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 Website.
4. You shall not make any
negative, denigrating or defamatory statement(s) or comment(s) about the
Company or the brand name or domain name used by the Company including
the terms the Company or otherwise engage in any conduct or action that
might tarnish the image or reputation, of the Company or otherwise
tarnish or dilute any the Company's trade or service marks, trade name
and/or goodwill associated with such trade or service marks, trade name
as may be owned or used by us. You agree that You will not take any
action that imposes an unreasonable or disproportionately large load on
the infrastructure of the Website or the Company's systems or networks,
or any systems or networks connected to the Company.
5. You
agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website or any
transaction being conducted on the Website, or with any other person's
use of the Website.
6. You may not forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
message or transmittal You send to the Company on or through the Website
or any service offered on or through the Website. You may not pretend
that You are, or that You represent, someone else, or impersonate any
other individual or entity.
7. You may not use the Website
or any content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or
other activity which infringes the rights of the Company and / or
others.
8. You shall at all times ensure full compliance
with the applicable provisions of the Information Technology Act, 2000
and rules thereunder as applicable and as amended from time to time and
also all applicable Domestic laws, rules and regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in
Force) and International Laws, Foreign Exchange Laws, Statutes,
Ordinances and Regulations (including, but not limited to Sales Tax/VAT,
Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or services.
You shall not engage in any transaction in an item or service, which is
prohibited by the provisions of any applicable law including exchange
control laws or regulations for the time being in force.
9.
Solely to enable the Company to use the information You supply the
Company with, so that we are not violating any rights You might have in
Your Information, You agree to grant the Company a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database
rights or any other rights You have in Your Information, in any media
now known or not currently known, with respect to Your Information. We
will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Website.
10. From
time to time, You shall be responsible for providing information
relating to the products or services proposed to be sold by You. In this
connection, You undertake that all such information shall be accurate
in all respects. You shall not exaggerate or over emphasize the
attributes of such products or services so as to mislead other Users in
any manner.
11. You shall not engage in advertising to, or
solicitation of, other Users of the Website to buy or sell any products
or services, including, but not limited to, products or services related
to that being displayed on the Website or related to us. You may not
transmit any chain letters or unsolicited commercial or junk email to
other Users via the Website. It shall be a violation of these Terms of
Use to use any information obtained from the Website in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior
explicit consent. In order to protect Our Users from such advertising or
solicitation, We reserve the right to restrict the number of messages
or emails which a user may send to other Users in any 24-hour period
which We deems appropriate in its sole discretion. You understand that
the Company have the right at all times to disclose any information
(including the identity of the persons providing information or
materials on the Website) as necessary to satisfy any law, regulation or
valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of
alleged illegal activity or solicitation of illegal activity or in
response to a lawful court order or subpoena. In addition, the Company
can (and You hereby expressly authorize Us to) disclose any information
about You to law enforcement or other government officials, as we, in
Our sole discretion, believe necessary or appropriate in connection with
the investigation and/or resolution of possible crimes, especially
those that may involve personal injury.
We reserve the right, but
has no obligation, to monitor the materials posted on the Website. The
Company shall have the right to remove or edit any content that in its
sole discretion violates, or is alleged to violate, any applicable law
or either the spirit or letter of these Terms of Use. Notwithstanding
this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect
the Company views. In no event shall the Company assume or have any
responsibility or liability for any Content posted or for any claims,
damages or losses resulting from use of Content and/or appearance of
Content on the Website. You hereby represent and warrant that You have
all necessary rights in and to all Content which You provide and all
information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information.
(6.5) It is
possible that other users (including unauthorized users or "hackers")
may post or transmit offensive or obscene materials on the Website and
that You may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information
about You due to your use of the Website, and that the recipient may
use such information to harass or injure You. We does not approve of
such unauthorized uses, but by using the Website You acknowledge and
agree that We are not responsible for the use of any personal
information that You publicly disclose or share with others on the
Website. Please carefully select the type of information that You
publicly disclose or share with others on the Website.
(6.6) Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.
(6.7) 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.
(6.8)
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 Users use
and enjoyment of the Website and/or services therein.
(6.9)
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.
(6.10) 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.
(6.11)
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.
(6.12) 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.
(7.0) Return Policy
(7.1) All
Products purchased from the Website enjoy fifteen (15) days Return
Policy. Any Product, purchased from the Website, can be returned to the
Company within fifteen (15) days of delivery of the same to User by
placing a "Cancel Order" request on the website or by logging a call
with Company's Customer Care Centre by phone on 1800-425-2936.
(7.2)
Any Product purchased from the Website can be returned to the Company
only if the original packaging of the Product is unopened.
(7.3)
Incase the User receives the product with original packaging is damaged
or tampered in any manner then in such case the User shall immediately
endorse the said fact in writing with the delivery agent.
(7.4)
Return of the product can be initiated only if the User fulfils the
above obligation of writing/issuing an endorsement to the delivery agent
at the time of the delivery.
(7.5) 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 Customer Care Centre 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.
(7.6) In case of Cancellation (Return /
Replacement) of order after delivery of the Product to User, the Company
will arrange pick up of the Product to be returned. User will assist
and cooperate fully to return the Product with its manuals, booklets,
warranty card, accessories, freebies and packing materials or any other
thing which were delivered to User along with the Product being
returned. At the time of pickup the User will be provided with
acknowledgement of pick up by the Company's Logistical Partner. User
should retain the said acknowledgment and quote or product the same in
all his/her future communications with the Company in this regard.
(7.7)
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.
(8.0) Exchange / Replacement
(8.1)
In case the Product whose original packaging of the Product is unopened
qualifies for exchange/replacement, User can request for exchange/
replacement of the Product any time after delivery of the Product but
not later than fifteen (15) days from the date of delivery of the
Product, by placing 'Exchange'/ 'Replacement Request' on the Website or
by registering a call on the Company's Customer Service Centre. User
agrees to assist and cooperate to return the Product with all its
accessories, freebies, original packing materials and such declaration
duly signed by User as may be suggested by Customer Service Centre while
registering call for return/replacement. Subject to the provisions as
set out here in above, User hereby agrees and understands that Products
can be returned by User only by registering lodging a 'Return' request'
by logging a call on the Company's Customer Service Centre or as
provided on the company website.
(8.2) In case of any
defect arising after delivery of the Product or after demo/installation
of the Product as the case may be, such defects will be serviced by the
respective manufacturer/brand in accordance with respective
manufacturer's warranty terms.
(8.3) In case User opts for
replacement of the Product due to any defect at the time of delivery or
demo/installation of the Product, User will have to ensure that the
Product is returned in undamaged and saleable condition including all
accessories and manuals. There should be no signs of external damage on
the packaging, including the original carton. Kindly refer to the
Returns sections on the Website for further detail on the Return
Process.
(9.0) Payment Terms
(9.1) 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.
(9.2) User hereby agrees and understands that
the facility of 0% finance by way of equated monthly installment ("EMI")
is provided by banks and available on purchase of specific products.
User understands and agrees that for converting any Purchase Transaction
into EMI and not by the Company. EMI is at the sole discretion of the
bank. Any refund related to interest charged to the customer, should be
dealt with the issuing bank directly.
(9.3) 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.
(9.4) 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.
(9.5)
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.
(9.6) 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.
(9.7) 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.
(9.8) All payments
made against the purchases/services on Website by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India.
Website will not facilitate transaction with respect to any other form
of currency with respect to the purchases made on Website.
(9.9)
Before shipping / delivering your order to you, the Company may request
you to provide supporting documents (including but not limited to Govt.
issued ID and address proof) to establish the ownership of the payment
instrument used by you for your purchase. This is done in the interest
of providing a safe online shopping environment to Our Users.
(10.0) Cancellation of Order before Dispatch of Products by the Company
(10.1) 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.
(10.2) 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 cancelled, the Company shall immediately issue a credit to
User's credit/ debit/ cash card account for the amount of the charge.
(10.3)
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 or making such request on the Company
website.
(10.4) "Cancel Order" can be placed anytime after
booking of order but before status of order changes into "handed over
to courier" on the Website.
(11.0) Refund Policy
(11.1)
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.
(11.2) All eligible
refunds against Cancellation of Orders by User before delivery of
Product to User will be subject to deduction of 2% plus applicable taxes
(Two Percent (2% plus applicable taxes) of the Product Price already
paid (Transaction value) as Banking and Transaction charges and balance
amount would be processed for refund to the User. User understands and
agrees to such deduction by putting Cancellation request for any Order
before delivery of Product.
(11.3) Any eligible refund
will be initiated by the Company for credit into the same account from
where the payment was made by User, within seven (7) 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. The Company shall not be liable for any
charges levied by the bank for processing of the refund transaction and
the same will solely be borne by the User.
(11.4) All refunds will be made out through crediting the account from which the payments were made.
(11.5) Interest
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 Interest fee debited to User's card
account shall be reversed in accordance with the terms of the respective
bank and User shall have to contact its card issuing bank directly. The
Company recommends that User should inform the card issuing bank for
the cancellation of the transaction and follow up with the said bank for
the said refund. The refund of any Interest 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 Interest by
respective bank.
(11.6) The Company reserves the right to
impose limits on the number of Transactions which the Company may
receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank
Account/ and such other infrastructure or any other financial
instrument directly or indirectly through payment aggregator or through
any such facility authorized by Reserve Bank of India to provide
enabling support facility for collection and remittance of payment
during any time period, and reserves the right to refuse to process
Transactions exceeding such limit.
(11.7) The Company
reserves the right to refuse to process Transactions by User/s with a
prior history of questionable charges including without limitation
breach of any agreements by User with the Company or breach/violation of
any law or any charges imposed by Issuing Bank or breach of any policy.
(11.8) The aforesaid terms and conditions in respect to refund by the Company shall be referred to "Refund Policy".
(12.0) Special Schemes/Offers
(12.1)
The Company shall be introducing on its website periodical attractive
offers/schemes for its users, the terms of such offers shall be
specifically listed separately. And it is in the sole discretion of the
Company in the implementation of the said schemes/offers. The Company
has total right to call off/discontinue any scheme/offer at any time
without any reason. The decision of the Company in all matters
concerning every Scheme/Offer shall be final & binding.
(13.0) Delivery terms
(13.1)
The Company has its logistics partner in place who shall be responsible
in prompt delivery of the products purchased by the User, the tentative
delivery time as per the location of the user shall be indicated on the
website (though the same is not exact & binding) & the delivery
will take place based on such understanding. The logistics partner of
the Company shall take all required and necessary steps to ensure
shipment of the Product to ensure prompt delivery. However, User
understands and confirms that the Company shall not be held responsible
for any delay in shipment of the Product.
(13.2) We offer
FREE SHIPPING for all our products purchased only by “B2C Users”,
whereas the product/s purchased/booked by “B2B Users” shall be strictly
freight on delivery.
(13.3) In case “B2C User” books
Order of multiple Products in one transaction, the Company would
endeavour to ship all Products together. However, this may not always be
possible due to Product characteristics and/or logistics' issues. If
“B2C User” purchases multiple Products in single transaction, then all
the Products would be shipped to a single shipping address given by “B2C
User”. If “B2C User” wishes to ship Products to different addresses,
then “B2C User” should book separate orders based on delivery addresses.
(14.0) Express Shipping
(14.1)
The Company hereby offers an Express Shipping service in order to
ensure speedy delivery of the Products to its “B2C Users” which are
booked through the Website approximately within a duration of Twenty
Four (24) Hours to Forty Eight (48) hours from the time of invoice
received by the User("Express Shipping Service") . The terms and
conditions for the Express Shipping Service are as set out hereinbelow
which are in addition to these Terms and Conditions -
(14.2)
In order to avail the Express Shipping Service, the “B2C User” shall,
while purchasing the Products on the Website, have to select "EXPRESS
SHIPPING" option.
(14.3) On selecting the "EXPRESS
SHIPPING" option, the Products purchased by the “B2C Users” shall be
delivered within a duration of Twenty Four (24) Hours to Forty Eight
(48) hours from the time the Invoice is generated.
(14.4) The Express Shipping Service shall be available in selected cities which are as set out on the Website.
(14.5)
The “B2C User” will be charged a fee of Rupees _____ (Rs __/-) which
may be revised from time to time in respect to availing of the Express
Shipping Service.
(14.6) The Products which are ordered
during the duration of 4.00 P.M To 10.00 A.M shall be dispatched by the
Company the next business day and will be received by the Users within
Twenty Four (24) Hours to Forty Eight (48) hours.
(14.7)
In case of return of the Products delivered vide Express Shipping
Service, the “B2C User” can call the Company on the Customer Care Centre
number provided on the Website.
(14.8) The Products once
accepted by the “B2C User” on delivery, the Company shall not be
responsible for any breakage of the Products and the “B2C User” shall
not be eligible to make such claims.
(14.9) In case of
return of the Products, the money shall be refunded to the “B2C User’s”
account depending on the mode of payment selected by the “B2C User”
while purchasing the Product. It is expressly provided that the Company
shall not refund any amount in cash.
(14.10) The Express
Shipping Service applies to attempted delivery by the promised date. The
Company shall not be responsible to provide the delivery on
Terms and Conditions for Transacting At and/or Dealing with Online Shopping Website
www.av-visionindia.co.in
(A)
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.
(B) This document is
published in accordance with the provisions of Rule 3(1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that
require publishing the rules and regulations, privacy policy and user
agreement for access and/ or transacting and/ or usage of
www.av-visionindia.co.in and sets out the terms and conditions governing
it and the disclaimer ("Terms & Conditions").
(C) www.av-visionindia.co.in ("Website") is owned and operated by AV-VISION EQUIPMENTS (INDIA) PVT. LTD., a company incorporated under the Companies Act, 1956 (as amended from time to time) vide CIN- U32304TG2007PTC056103, having its Registered Office at #1-20-248, Second Floor,(Snowcem Paints Lane) Rasoolpura, Secunderabad - 500 003, (Telangana), India. hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns]. All kinds of correspondence should be addressed to the support office address as given above.
(D) Use of this Website is regulated by the Terms
& Conditions provided herein. Your visit, dealing, transacting
and/or otherwise using this Website shall be treated as you have read,
understood and unconditionally accept these Terms & Conditions.
These Terms & Conditions shall be treated as a legally binding and
enforceable agreement between the Company and you. If you do not agree
with any and/or all of these Terms & Conditions, then you should
stop dealing with and/or cease to initiate and do any transaction on
this Website.
(E) 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.
(F)
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
(G)
In this Agreement (as defined hereinafter), 'Company' and 'User' have
been collectively referred to as "Parties" and individually as "Party".
(1.0) Definitions
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
(1.1) Agreement:
shall mean agreement between the Company and User with terms and
conditions as provided herein and includes the Privacy Policy,
Disclaimer, Secure Shopping and all the schedules, appendices and
references mentioned herein with all such amendments as effected by the
Company from time to time.
(1.2) B2B User: shall mean all
business to business users & shall include but not limited to
dealers/sub-dealers/retailers & such of all those
individuals/entities that shall be dealing with the products purchased
from the Company.
(1.3) B2C User: shall mean business to customer/user i.e., the end user of the product/s purchased from the Company.
(1.4) Company: shall mean AV-VISION EQUIPMENTS (INDIA) PVT. LTD.,
(1.5) Exchange Policy: shall have the meaning ascribed to it in Clause 8.0.
(1.6) Express Shipping Service: shall have the meaning ascribed to it in Clause 14.0.
(1.7) Force Majeure Event: shall have the meaning ascribed to it in Clause XIX.
(1.8) Products: shall mean any good and/or service offered for sale on the Website for consideration.
(1.9) Refund Policy: shall have the meaning ascribed to it in Clause 11.0.
(1.10) Return Policy: shall have the meaning ascribed to it in Clause 7.0.
(1.11) Terms & Conditions: shall have the meaning as ascribed hereinabove.
(1.12) User / Users :
shall mean any person/persons and/or legal entity(ies) who visits,
uses, deals with and/or transact at www.av-visionindia.co.in in any way
& refers to both the categories of “B2B User” & “B2C User”.
(1.13) Website: shall mean www.av-visionindia.co.in, a website owned and operated by the Company for facilitating online transactions.
(2.0) User Eligibility
(2.1)
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.
(2.2)
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.
(2.3) If You use the
Website, You shall be responsible for maintaining the confidentiality of
your Display Name and Password and You shall be responsible for all
activities that occur under your Display Name and Password. You agree
that if You provide any information that is untrue, inaccurate, not
current or incomplete or We have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with the this Terms of Use, We shall have the right to
indefinitely suspend or terminate or block access of your membership on
the Website and refuse to provide You with access to the Website.
(2.4)
The registration of account of “B2B User” shall be through a separate
screening process done by the Company. The “B2B User” shall fulfil all
the conditions necessary for registration of an account. All the
formalities involved in this screening process shall be specified
separately by the Company & the registration shall be completed
& account shall be made active only after the proposed “B2B User”
fulfils all such pre-requisites necessary. The Company shall have the
sole discretion to indefinitely suspend or terminate or block access of
your membership on the Website and refuse to provide You with access to
the Website.
(3.0) Amendment of Term
(3.1) 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.
(4.0) Website Content
(4.1) 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.
(4.2) 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.
(4.3) 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.
(4.4) 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.
(4.5) 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.
(4.6)
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.
(4.7)
The Company's logos, product and service marks and/ or names are
trademarks which 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.
(4.8) 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.
(5.0) Registration Data
(5.1)
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.
(5.2) User shall be solely
responsible for the accuracy and correctness of all such
details/information given by User during registration. The Company shall
be entitled to cross verify those details, if it deems fit. If the
Company has reason to doubt the correctness of any details/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.
(5.3) 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.
(5.4)
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.
(5.5) User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
(5.5.1) Delivery of Product(s) at wrong address furnished by User.
(5.5.2) any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or
(5.5.3) Any deficiency in payment of consideration payable towards the Products purchased on the Website.
(5.5.4) The
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.
(5.5.5) While
placing an order, User shall not make multiple quantity of same or
different product spanning across multiple order in the same day under
the same name or group of companies id will be treated as bulk order and
Company reserves its right to cancel such bulk orders. If at any time,
it is found/observed that User has by misrepresentation or any other way
has ordered more than 3 units of a particular product, it will amount
to bulk order and the Company reserves its right to reject such order(s)
partly or fully. The fulfillment of order placed by the User shall be
subject to availability of the stock with the Company.
(6.0) Representations and Warranties
(6.1)
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.
(6.2)
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.
(6.3)
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.
(6.4) User
agrees and undertakes that she/ he shall be solely responsible for
his/her Information and confirms that information submitted by User:
(6.4.1) Is correct, complete, relevant and accurate.
(6.4.2) Is not fraudulent.
(6.4.3) Does not "stalk" or otherwise harass another user;
(6.4.4)
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.
(6.4.5) Shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
(6.4.6) 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.
(6.4.7) 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.
(6.4.8) 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.
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.
(6.4.9) 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.
(6.4.10)
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.
(6.4.11) Is not illegal in any other way.
(6.4.12) Shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) Belongs to another person and to which You does not have any right to;
(b)
is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of
women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is
patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h)
infringes upon or violates any third party's rights [including, but not
limited to, intellectual property rights, rights of privacy (including
without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i)
promotes an illegal or unauthorized copy of another person's
copyrighted work (see "Copyright complaint" below for instructions on
how to lodge a complaint about uploaded copyrighted material), such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
(j)
contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page);
(k)
provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from
anyone;
(l) provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries
to gain unauthorized access or exceeds the scope of authorized access
to the Website or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Website or solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users;
(o) engages in commercial
activities and/or sales without Our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the
buying or selling of "virtual" products related to the Website.
Throughout this Terms of Use, Company's prior written consent means a
communication coming from Company's Legal Department, specifically in
response to Your request, and specifically addressing the activity or
conduct for which You seek authorization;
(p) solicits
gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
(q)
interferes with another USER's use and enjoyment of the Website or any
other individual's User and enjoyment of similar services;
(r)
refers to any website or URL that, in Our sole discretion, contains
material that is inappropriate for the Website or any other website,
contains content that would be prohibited or violates the letter or
spirit of these Terms of Use.
(s) harm minors in any way;
(t)
infringes any patent, trademark, copyright or other proprietary rights
or third party's trade secrets or rights of publicity or privacy or
shall not be fraudulent or involve the sale of counterfeit or stolen
products;
(u) violates any law for the time being in force;
(v)
deceives or misleads the addressee/ users about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature;
(w) impersonate another person;
(x)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information;
(y)
threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa)
shall not, directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any item, the dealing of which is prohibited or
restricted in any manner under the provisions of any applicable law,
rule, regulation or guideline for the time being in force.
(ab) shall
not create liability for the Company or cause the Company to lose (in
whole or in part) the services of Our internet service provider ("ISPs")
or other suppliers;
1. 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
process, to access, acquire, copy or monitor any portion of the Website
or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website or any Content, to obtain or
attempt to obtain any materials, documents or information through any
means not purposely made available through the Website. We reserve our
right to bar any such activity.
2. You shall not attempt to
gain unauthorized access to any portion or feature of the Website, or
any other systems or networks connected to the Website or to any server,
computer, network, or to any of the services offered on or through the
Website, by hacking, password "mining" or any other illegitimate means.
3.
You shall not probe, scan or test the vulnerability of the Website or
any network connected to the Website nor breach the security or
authentication measures on the Website or any network connected to the
Website. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Website, or any other
customer, including any account on the Website not owned by You, to its
source, or exploit the Website or any service or information made
available or offered by or through the Website, 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 Website.
4. You shall not make any
negative, denigrating or defamatory statement(s) or comment(s) about the
Company or the brand name or domain name used by the Company including
the terms the Company or otherwise engage in any conduct or action that
might tarnish the image or reputation, of the Company or otherwise
tarnish or dilute any the Company's trade or service marks, trade name
and/or goodwill associated with such trade or service marks, trade name
as may be owned or used by us. You agree that You will not take any
action that imposes an unreasonable or disproportionately large load on
the infrastructure of the Website or the Company's systems or networks,
or any systems or networks connected to the Company.
5. You
agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website or any
transaction being conducted on the Website, or with any other person's
use of the Website.
6. You may not forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
message or transmittal You send to the Company on or through the Website
or any service offered on or through the Website. You may not pretend
that You are, or that You represent, someone else, or impersonate any
other individual or entity.
7. You may not use the Website
or any content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or
other activity which infringes the rights of the Company and / or
others.
8. You shall at all times ensure full compliance
with the applicable provisions of the Information Technology Act, 2000
and rules thereunder as applicable and as amended from time to time and
also all applicable Domestic laws, rules and regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in
Force) and International Laws, Foreign Exchange Laws, Statutes,
Ordinances and Regulations (including, but not limited to Sales Tax/VAT,
Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or services.
You shall not engage in any transaction in an item or service, which is
prohibited by the provisions of any applicable law including exchange
control laws or regulations for the time being in force.
9.
Solely to enable the Company to use the information You supply the
Company with, so that we are not violating any rights You might have in
Your Information, You agree to grant the Company a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database
rights or any other rights You have in Your Information, in any media
now known or not currently known, with respect to Your Information. We
will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Website.
10. From
time to time, You shall be responsible for providing information
relating to the products or services proposed to be sold by You. In this
connection, You undertake that all such information shall be accurate
in all respects. You shall not exaggerate or over emphasize the
attributes of such products or services so as to mislead other Users in
any manner.
11. You shall not engage in advertising to, or
solicitation of, other Users of the Website to buy or sell any products
or services, including, but not limited to, products or services related
to that being displayed on the Website or related to us. You may not
transmit any chain letters or unsolicited commercial or junk email to
other Users via the Website. It shall be a violation of these Terms of
Use to use any information obtained from the Website in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior
explicit consent. In order to protect Our Users from such advertising or
solicitation, We reserve the right to restrict the number of messages
or emails which a user may send to other Users in any 24-hour period
which We deems appropriate in its sole discretion. You understand that
the Company have the right at all times to disclose any information
(including the identity of the persons providing information or
materials on the Website) as necessary to satisfy any law, regulation or
valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of
alleged illegal activity or solicitation of illegal activity or in
response to a lawful court order or subpoena. In addition, the Company
can (and You hereby expressly authorize Us to) disclose any information
about You to law enforcement or other government officials, as we, in
Our sole discretion, believe necessary or appropriate in connection with
the investigation and/or resolution of possible crimes, especially
those that may involve personal injury.
We reserve the right, but
has no obligation, to monitor the materials posted on the Website. The
Company shall have the right to remove or edit any content that in its
sole discretion violates, or is alleged to violate, any applicable law
or either the spirit or letter of these Terms of Use. Notwithstanding
this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect
the Company views. In no event shall the Company assume or have any
responsibility or liability for any Content posted or for any claims,
damages or losses resulting from use of Content and/or appearance of
Content on the Website. You hereby represent and warrant that You have
all necessary rights in and to all Content which You provide and all
information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information.
(6.5) It is
possible that other users (including unauthorized users or "hackers")
may post or transmit offensive or obscene materials on the Website and
that You may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information
about You due to your use of the Website, and that the recipient may
use such information to harass or injure You. We does not approve of
such unauthorized uses, but by using the Website You acknowledge and
agree that We are not responsible for the use of any personal
information that You publicly disclose or share with others on the
Website. Please carefully select the type of information that You
publicly disclose or share with others on the Website.
(6.6) Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.
(6.7) 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.
(6.8)
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 Users use
and enjoyment of the Website and/or services therein.
(6.9)
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.
(6.10) 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.
(6.11)
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.
(6.12) 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.
(7.0) Return Policy
(7.1) All
Products purchased from the Website enjoy fifteen (15) days Return
Policy. Any Product, purchased from the Website, can be returned to the
Company within fifteen (15) days of delivery of the same to User by
placing a "Cancel Order" request on the website or by logging a call
with Company's Customer Care Centre by phone on 1800-425-2936.
(7.2)
Any Product purchased from the Website can be returned to the Company
only if the original packaging of the Product is unopened.
(7.3)
Incase the User receives the product with original packaging is damaged
or tampered in any manner then in such case the User shall immediately
endorse the said fact in writing with the delivery agent.
(7.4)
Return of the product can be initiated only if the User fulfils the
above obligation of writing/issuing an endorsement to the delivery agent
at the time of the delivery.
(7.5) 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 Customer Care Centre 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.
(7.6) In case of Cancellation (Return /
Replacement) of order after delivery of the Product to User, the Company
will arrange pick up of the Product to be returned. User will assist
and cooperate fully to return the Product with its manuals, booklets,
warranty card, accessories, freebies and packing materials or any other
thing which were delivered to User along with the Product being
returned. At the time of pickup the User will be provided with
acknowledgement of pick up by the Company's Logistical Partner. User
should retain the said acknowledgment and quote or product the same in
all his/her future communications with the Company in this regard.
(7.7)
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.
(8.0) Exchange / Replacement
(8.1)
In case the Product whose original packaging of the Product is unopened
qualifies for exchange/replacement, User can request for exchange/
replacement of the Product any time after delivery of the Product but
not later than fifteen (15) days from the date of delivery of the
Product, by placing 'Exchange'/ 'Replacement Request' on the Website or
by registering a call on the Company's Customer Service Centre. User
agrees to assist and cooperate to return the Product with all its
accessories, freebies, original packing materials and such declaration
duly signed by User as may be suggested by Customer Service Centre while
registering call for return/replacement. Subject to the provisions as
set out here in above, User hereby agrees and understands that Products
can be returned by User only by registering lodging a 'Return' request'
by logging a call on the Company's Customer Service Centre or as
provided on the company website.
(8.2) In case of any
defect arising after delivery of the Product or after demo/installation
of the Product as the case may be, such defects will be serviced by the
respective manufacturer/brand in accordance with respective
manufacturer's warranty terms.
(8.3) In case User opts for
replacement of the Product due to any defect at the time of delivery or
demo/installation of the Product, User will have to ensure that the
Product is returned in undamaged and saleable condition including all
accessories and manuals. There should be no signs of external damage on
the packaging, including the original carton. Kindly refer to the
Returns sections on the Website for further detail on the Return
Process.
(9.0) Payment Terms
(9.1) 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.
(9.2) User hereby agrees and understands that
the facility of 0% finance by way of equated monthly installment ("EMI")
is provided by banks and available on purchase of specific products.
User understands and agrees that for converting any Purchase Transaction
into EMI and not by the Company. EMI is at the sole discretion of the
bank. Any refund related to interest charged to the customer, should be
dealt with the issuing bank directly.
(9.3) 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.
(9.4) 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.
(9.5)
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.
(9.6) 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.
(9.7) 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.
(9.8) All payments
made against the purchases/services on Website by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India.
Website will not facilitate transaction with respect to any other form
of currency with respect to the purchases made on Website.
(9.9)
Before shipping / delivering your order to you, the Company may request
you to provide supporting documents (including but not limited to Govt.
issued ID and address proof) to establish the ownership of the payment
instrument used by you for your purchase. This is done in the interest
of providing a safe online shopping environment to Our Users.
(10.0) Cancellation of Order before Dispatch of Products by the Company
(10.1) 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.
(10.2) 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 cancelled, the Company shall immediately issue a credit to
User's credit/ debit/ cash card account for the amount of the charge.
(10.3)
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 or making such request on the Company
website.
(10.4) "Cancel Order" can be placed anytime after
booking of order but before status of order changes into "handed over
to courier" on the Website.
(11.0) Refund Policy
(11.1)
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.
(11.2) All eligible
refunds against Cancellation of Orders by User before delivery of
Product to User will be subject to deduction of 2% plus applicable taxes
(Two Percent (2% plus applicable taxes) of the Product Price already
paid (Transaction value) as Banking and Transaction charges and balance
amount would be processed for refund to the User. User understands and
agrees to such deduction by putting Cancellation request for any Order
before delivery of Product.
(11.3) Any eligible refund
will be initiated by the Company for credit into the same account from
where the payment was made by User, within seven (7) 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. The Company shall not be liable for any
charges levied by the bank for processing of the refund transaction and
the same will solely be borne by the User.
(11.4) All refunds will be made out through crediting the account from which the payments were made.
(11.5) Interest
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 Interest fee debited to User's card
account shall be reversed in accordance with the terms of the respective
bank and User shall have to contact its card issuing bank directly. The
Company recommends that User should inform the card issuing bank for
the cancellation of the transaction and follow up with the said bank for
the said refund. The refund of any Interest 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 Interest by
respective bank.
(11.6) The Company reserves the right to
impose limits on the number of Transactions which the Company may
receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank
Account/ and such other infrastructure or any other financial
instrument directly or indirectly through payment aggregator or through
any such facility authorized by Reserve Bank of India to provide
enabling support facility for collection and remittance of payment
during any time period, and reserves the right to refuse to process
Transactions exceeding such limit.
(11.7) The Company
reserves the right to refuse to process Transactions by User/s with a
prior history of questionable charges including without limitation
breach of any agreements by User with the Company or breach/violation of
any law or any charges imposed by Issuing Bank or breach of any policy.
(11.8) The aforesaid terms and conditions in respect to refund by the Company shall be referred to "Refund Policy".
(12.0) Special Schemes/Offers
(12.1)
The Company shall be introducing on its website periodical attractive
offers/schemes for its users, the terms of such offers shall be
specifically listed separately. And it is in the sole discretion of the
Company in the implementation of the said schemes/offers. The Company
has total right to call off/discontinue any scheme/offer at any time
without any reason. The decision of the Company in all matters
concerning every Scheme/Offer shall be final & binding.
(13.0) Delivery terms
(13.1)
The Company has its logistics partner in place who shall be responsible
in prompt delivery of the products purchased by the User, the tentative
delivery time as per the location of the user shall be indicated on the
website (though the same is not exact & binding) & the delivery
will take place based on such understanding. The logistics partner of
the Company shall take all required and necessary steps to ensure
shipment of the Product to ensure prompt delivery. However, User
understands and confirms that the Company shall not be held responsible
for any delay in shipment of the Product.
(13.2) We offer
FREE SHIPPING for all our products purchased only by “B2C Users”,
whereas the product/s purchased/booked by “B2B Users” shall be strictly
freight on delivery.
(13.3) In case “B2C User” books
Order of multiple Products in one transaction, the Company would
endeavour to ship all Products together. However, this may not always be
possible due to Product characteristics and/or logistics' issues. If
“B2C User” purchases multiple Products in single transaction, then all
the Products would be shipped to a single shipping address given by “B2C
User”. If “B2C User” wishes to ship Products to different addresses,
then “B2C User” should book separate orders based on delivery addresses.
(14.0) Express Shipping
(14.1)
The Company hereby offers an Express Shipping service in order to
ensure speedy delivery of the Products to its “B2C Users” which are
booked through the Website approximately within a duration of Twenty
Four (24) Hours to Forty Eight (48) hours from the time of invoice
received by the User("Express Shipping Service") . The terms and
conditions for the Express Shipping Service are as set out hereinbelow
which are in addition to these Terms and Conditions -
(14.2)
In order to avail the Express Shipping Service, the “B2C User” shall,
while purchasing the Products on the Website, have to select "EXPRESS
SHIPPING" option.
(14.3) On selecting the "EXPRESS
SHIPPING" option, the Products purchased by the “B2C Users” shall be
delivered within a duration of Twenty Four (24) Hours to Forty Eight
(48) hours from the time the Invoice is generated.
(14.4) The Express Shipping Service shall be available in selected cities which are as set out on the Website.
(14.5)
The “B2C User” will be charged a fee of Rupees _____ (Rs __/-) which
may be revised from time to time in respect to availing of the Express
Shipping Service.
(14.6) The Products which are ordered
during the duration of 4.00 P.M To 10.00 A.M shall be dispatched by the
Company the next business day and will be received by the Users within
Twenty Four (24) Hours to Forty Eight (48) hours.
(14.7)
In case of return of the Products delivered vide Express Shipping
Service, the “B2C User” can call the Company on the Customer Care Centre
number provided on the Website.
(14.8) The Products once
accepted by the “B2C User” on delivery, the Company shall not be
responsible for any breakage of the Products and the “B2C User” shall
not be eligible to make such claims.
(14.9) In case of
return of the Products, the money shall be refunded to the “B2C User’s”
account depending on the mode of payment selected by the “B2C User”
while purchasing the Product. It is expressly provided that the Company
shall not refund any amount in cash.
(14.10) The Express
Shipping Service applies to attempted delivery by the promised date. The
Company shall not be responsible to provide the delivery on
Terms and Conditions for Transacting At and/or Dealing with Online Shopping Website
www.av-visionindia.co.in
(A)
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.
(B) This document is
published in accordance with the provisions of Rule 3(1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that
require publishing the rules and regulations, privacy policy and user
agreement for access and/ or transacting and/ or usage of
www.av-visionindia.co.in and sets out the terms and conditions governing
it and the disclaimer ("Terms & Conditions").
(C) www.av-visionindia.co.in ("Website") is owned and operated by AV-VISION EQUIPMENTS (INDIA) PVT. LTD., a company incorporated under the Companies Act, 1956 (as amended from time to time) vide CIN- U32304TG2007PTC056103, having its Registered Office at #1-20-248, Second Floor,(Snowcem Paints Lane) Rasoolpura, Secunderabad - 500 003, (Telangana), India. hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns]. All kinds of correspondence should be addressed to the support office address as given above.
(D) Use of this Website is regulated by the Terms
& Conditions provided herein. Your visit, dealing, transacting
and/or otherwise using this Website shall be treated as you have read,
understood and unconditionally accept these Terms & Conditions.
These Terms & Conditions shall be treated as a legally binding and
enforceable agreement between the Company and you. If you do not agree
with any and/or all of these Terms & Conditions, then you should
stop dealing with and/or cease to initiate and do any transaction on
this Website.
(E) 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.
(F)
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
(G)
In this Agreement (as defined hereinafter), 'Company' and 'User' have
been collectively referred to as "Parties" and individually as "Party".
(1.0) Definitions
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
(1.1) Agreement:
shall mean agreement between the Company and User with terms and
conditions as provided herein and includes the Privacy Policy,
Disclaimer, Secure Shopping and all the schedules, appendices and
references mentioned herein with all such amendments as effected by the
Company from time to time.
(1.2) B2B User: shall mean all
business to business users & shall include but not limited to
dealers/sub-dealers/retailers & such of all those
individuals/entities that shall be dealing with the products purchased
from the Company.
(1.3) B2C User: shall mean business to customer/user i.e., the end user of the product/s purchased from the Company.
(1.4) Company: shall mean AV-VISION EQUIPMENTS (INDIA) PVT. LTD.,
(1.5) Exchange Policy: shall have the meaning ascribed to it in Clause 8.0.
(1.6) Express Shipping Service: shall have the meaning ascribed to it in Clause 14.0.
(1.7) Force Majeure Event: shall have the meaning ascribed to it in Clause XIX.
(1.8) Products: shall mean any good and/or service offered for sale on the Website for consideration.
(1.9) Refund Policy: shall have the meaning ascribed to it in Clause 11.0.
(1.10) Return Policy: shall have the meaning ascribed to it in Clause 7.0.
(1.11) Terms & Conditions: shall have the meaning as ascribed hereinabove.
(1.12) User / Users :
shall mean any person/persons and/or legal entity(ies) who visits,
uses, deals with and/or transact at www.av-visionindia.co.in in any way
& refers to both the categories of “B2B User” & “B2C User”.
(1.13) Website: shall mean www.av-visionindia.co.in, a website owned and operated by the Company for facilitating online transactions.
(2.0) User Eligibility
(2.1)
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.
(2.2)
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.
(2.3) If You use the
Website, You shall be responsible for maintaining the confidentiality of
your Display Name and Password and You shall be responsible for all
activities that occur under your Display Name and Password. You agree
that if You provide any information that is untrue, inaccurate, not
current or incomplete or We have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with the this Terms of Use, We shall have the right to
indefinitely suspend or terminate or block access of your membership on
the Website and refuse to provide You with access to the Website.
(2.4)
The registration of account of “B2B User” shall be through a separate
screening process done by the Company. The “B2B User” shall fulfil all
the conditions necessary for registration of an account. All the
formalities involved in this screening process shall be specified
separately by the Company & the registration shall be completed
& account shall be made active only after the proposed “B2B User”
fulfils all such pre-requisites necessary. The Company shall have the
sole discretion to indefinitely suspend or terminate or block access of
your membership on the Website and refuse to provide You with access to
the Website.
(3.0) Amendment of Term
(3.1) 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.
(4.0) Website Content
(4.1) 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.
(4.2) 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.
(4.3) 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.
(4.4) 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.
(4.5) 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.
(4.6)
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.
(4.7)
The Company's logos, product and service marks and/ or names are
trademarks which 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.
(4.8) 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.
(5.0) Registration Data
(5.1)
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.
(5.2) User shall be solely
responsible for the accuracy and correctness of all such
details/information given by User during registration. The Company shall
be entitled to cross verify those details, if it deems fit. If the
Company has reason to doubt the correctness of any details/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.
(5.3) 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.
(5.4)
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.
(5.5) User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
(5.5.1) Delivery of Product(s) at wrong address furnished by User.
(5.5.2) any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or
(5.5.3) Any deficiency in payment of consideration payable towards the Products purchased on the Website.
(5.5.4) The
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.
(5.5.5) While
placing an order, User shall not make multiple quantity of same or
different product spanning across multiple order in the same day under
the same name or group of companies id will be treated as bulk order and
Company reserves its right to cancel such bulk orders. If at any time,
it is found/observed that User has by misrepresentation or any other way
has ordered more than 3 units of a particular product, it will amount
to bulk order and the Company reserves its right to reject such order(s)
partly or fully. The fulfillment of order placed by the User shall be
subject to availability of the stock with the Company.
(6.0) Representations and Warranties
(6.1)
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.
(6.2)
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.
(6.3)
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.
(6.4) User
agrees and undertakes that she/ he shall be solely responsible for
his/her Information and confirms that information submitted by User:
(6.4.1) Is correct, complete, relevant and accurate.
(6.4.2) Is not fraudulent.
(6.4.3) Does not "stalk" or otherwise harass another user;
(6.4.4)
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.
(6.4.5) Shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
(6.4.6) 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.
(6.4.7) 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.
(6.4.8) 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.
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.
(6.4.9) 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.
(6.4.10)
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.
(6.4.11) Is not illegal in any other way.
(6.4.12) Shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) Belongs to another person and to which You does not have any right to;
(b)
is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of
women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is
patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h)
infringes upon or violates any third party's rights [including, but not
limited to, intellectual property rights, rights of privacy (including
without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i)
promotes an illegal or unauthorized copy of another person's
copyrighted work (see "Copyright complaint" below for instructions on
how to lodge a complaint about uploaded copyrighted material), such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
(j)
contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page);
(k)
provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from
anyone;
(l) provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries
to gain unauthorized access or exceeds the scope of authorized access
to the Website or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Website or solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users;
(o) engages in commercial
activities and/or sales without Our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the
buying or selling of "virtual" products related to the Website.
Throughout this Terms of Use, Company's prior written consent means a
communication coming from Company's Legal Department, specifically in
response to Your request, and specifically addressing the activity or
conduct for which You seek authorization;
(p) solicits
gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
(q)
interferes with another USER's use and enjoyment of the Website or any
other individual's User and enjoyment of similar services;
(r)
refers to any website or URL that, in Our sole discretion, contains
material that is inappropriate for the Website or any other website,
contains content that would be prohibited or violates the letter or
spirit of these Terms of Use.
(s) harm minors in any way;
(t)
infringes any patent, trademark, copyright or other proprietary rights
or third party's trade secrets or rights of publicity or privacy or
shall not be fraudulent or involve the sale of counterfeit or stolen
products;
(u) violates any law for the time being in force;
(v)
deceives or misleads the addressee/ users about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature;
(w) impersonate another person;
(x)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information;
(y)
threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa)
shall not, directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any item, the dealing of which is prohibited or
restricted in any manner under the provisions of any applicable law,
rule, regulation or guideline for the time being in force.
(ab) shall
not create liability for the Company or cause the Company to lose (in
whole or in part) the services of Our internet service provider ("ISPs")
or other suppliers;
1. 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
process, to access, acquire, copy or monitor any portion of the Website
or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website or any Content, to obtain or
attempt to obtain any materials, documents or information through any
means not purposely made available through the Website. We reserve our
right to bar any such activity.
2. You shall not attempt to
gain unauthorized access to any portion or feature of the Website, or
any other systems or networks connected to the Website or to any server,
computer, network, or to any of the services offered on or through the
Website, by hacking, password "mining" or any other illegitimate means.
3.
You shall not probe, scan or test the vulnerability of the Website or
any network connected to the Website nor breach the security or
authentication measures on the Website or any network connected to the
Website. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Website, or any other
customer, including any account on the Website not owned by You, to its
source, or exploit the Website or any service or information made
available or offered by or through the Website, 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 Website.
4. You shall not make any
negative, denigrating or defamatory statement(s) or comment(s) about the
Company or the brand name or domain name used by the Company including
the terms the Company or otherwise engage in any conduct or action that
might tarnish the image or reputation, of the Company or otherwise
tarnish or dilute any the Company's trade or service marks, trade name
and/or goodwill associated with such trade or service marks, trade name
as may be owned or used by us. You agree that You will not take any
action that imposes an unreasonable or disproportionately large load on
the infrastructure of the Website or the Company's systems or networks,
or any systems or networks connected to the Company.
5. You
agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website or any
transaction being conducted on the Website, or with any other person's
use of the Website.
6. You may not forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
message or transmittal You send to the Company on or through the Website
or any service offered on or through the Website. You may not pretend
that You are, or that You represent, someone else, or impersonate any
other individual or entity.
7. You may not use the Website
or any content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or
other activity which infringes the rights of the Company and / or
others.
8. You shall at all times ensure full compliance
with the applicable provisions of the Information Technology Act, 2000
and rules thereunder as applicable and as amended from time to time and
also all applicable Domestic laws, rules and regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in
Force) and International Laws, Foreign Exchange Laws, Statutes,
Ordinances and Regulations (including, but not limited to Sales Tax/VAT,
Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or services.
You shall not engage in any transaction in an item or service, which is
prohibited by the provisions of any applicable law including exchange
control laws or regulations for the time being in force.
9.
Solely to enable the Company to use the information You supply the
Company with, so that we are not violating any rights You might have in
Your Information, You agree to grant the Company a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database
rights or any other rights You have in Your Information, in any media
now known or not currently known, with respect to Your Information. We
will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Website.
10. From
time to time, You shall be responsible for providing information
relating to the products or services proposed to be sold by You. In this
connection, You undertake that all such information shall be accurate
in all respects. You shall not exaggerate or over emphasize the
attributes of such products or services so as to mislead other Users in
any manner.
11. You shall not engage in advertising to, or
solicitation of, other Users of the Website to buy or sell any products
or services, including, but not limited to, products or services related
to that being displayed on the Website or related to us. You may not
transmit any chain letters or unsolicited commercial or junk email to
other Users via the Website. It shall be a violation of these Terms of
Use to use any information obtained from the Website in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior
explicit consent. In order to protect Our Users from such advertising or
solicitation, We reserve the right to restrict the number of messages
or emails which a user may send to other Users in any 24-hour period
which We deems appropriate in its sole discretion. You understand that
the Company have the right at all times to disclose any information
(including the identity of the persons providing information or
materials on the Website) as necessary to satisfy any law, regulation or
valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of
alleged illegal activity or solicitation of illegal activity or in
response to a lawful court order or subpoena. In addition, the Company
can (and You hereby expressly authorize Us to) disclose any information
about You to law enforcement or other government officials, as we, in
Our sole discretion, believe necessary or appropriate in connection with
the investigation and/or resolution of possible crimes, especially
those that may involve personal injury.
We reserve the right, but
has no obligation, to monitor the materials posted on the Website. The
Company shall have the right to remove or edit any content that in its
sole discretion violates, or is alleged to violate, any applicable law
or either the spirit or letter of these Terms of Use. Notwithstanding
this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect
the Company views. In no event shall the Company assume or have any
responsibility or liability for any Content posted or for any claims,
damages or losses resulting from use of Content and/or appearance of
Content on the Website. You hereby represent and warrant that You have
all necessary rights in and to all Content which You provide and all
information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information.
(6.5) It is
possible that other users (including unauthorized users or "hackers")
may post or transmit offensive or obscene materials on the Website and
that You may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information
about You due to your use of the Website, and that the recipient may
use such information to harass or injure You. We does not approve of
such unauthorized uses, but by using the Website You acknowledge and
agree that We are not responsible for the use of any personal
information that You publicly disclose or share with others on the
Website. Please carefully select the type of information that You
publicly disclose or share with others on the Website.
(6.6) Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.
(6.7) 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.
(6.8)
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 Users use
and enjoyment of the Website and/or services therein.
(6.9)
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.
(6.10) 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.
(6.11)
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.
(6.12) 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.
(7.0) Return Policy
(7.1) All
Products purchased from the Website enjoy fifteen (15) days Return
Policy. Any Product, purchased from the Website, can be returned to the
Company within fifteen (15) days of delivery of the same to User by
placing a "Cancel Order" request on the website or by logging a call
with Company's Customer Care Centre by phone on 1800-425-2936.
(7.2)
Any Product purchased from the Website can be returned to the Company
only if the original packaging of the Product is unopened.
(7.3)
Incase the User receives the product with original packaging is damaged
or tampered in any manner then in such case the User shall immediately
endorse the said fact in writing with the delivery agent.
(7.4)
Return of the product can be initiated only if the User fulfils the
above obligation of writing/issuing an endorsement to the delivery agent
at the time of the delivery.
(7.5) 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 Customer Care Centre 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.
(7.6) In case of Cancellation (Return /
Replacement) of order after delivery of the Product to User, the Company
will arrange pick up of the Product to be returned. User will assist
and cooperate fully to return the Product with its manuals, booklets,
warranty card, accessories, freebies and packing materials or any other
thing which were delivered to User along with the Product being
returned. At the time of pickup the User will be provided with
acknowledgement of pick up by the Company's Logistical Partner. User
should retain the said acknowledgment and quote or product the same in
all his/her future communications with the Company in this regard.
(7.7)
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.
(8.0) Exchange / Replacement
(8.1)
In case the Product whose original packaging of the Product is unopened
qualifies for exchange/replacement, User can request for exchange/
replacement of the Product any time after delivery of the Product but
not later than fifteen (15) days from the date of delivery of the
Product, by placing 'Exchange'/ 'Replacement Request' on the Website or
by registering a call on the Company's Customer Service Centre. User
agrees to assist and cooperate to return the Product with all its
accessories, freebies, original packing materials and such declaration
duly signed by User as may be suggested by Customer Service Centre while
registering call for return/replacement. Subject to the provisions as
set out here in above, User hereby agrees and understands that Products
can be returned by User only by registering lodging a 'Return' request'
by logging a call on the Company's Customer Service Centre or as
provided on the company website.
(8.2) In case of any
defect arising after delivery of the Product or after demo/installation
of the Product as the case may be, such defects will be serviced by the
respective manufacturer/brand in accordance with respective
manufacturer's warranty terms.
(8.3) In case User opts for
replacement of the Product due to any defect at the time of delivery or
demo/installation of the Product, User will have to ensure that the
Product is returned in undamaged and saleable condition including all
accessories and manuals. There should be no signs of external damage on
the packaging, including the original carton. Kindly refer to the
Returns sections on the Website for further detail on the Return
Process.
(9.0) Payment Terms
(9.1) 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.
(9.2) User hereby agrees and understands that
the facility of 0% finance by way of equated monthly installment ("EMI")
is provided by banks and available on purchase of specific products.
User understands and agrees that for converting any Purchase Transaction
into EMI and not by the Company. EMI is at the sole discretion of the
bank. Any refund related to interest charged to the customer, should be
dealt with the issuing bank directly.
(9.3) 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.
(9.4) 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.
(9.5)
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.
(9.6) 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.
(9.7) 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.
(9.8) All payments
made against the purchases/services on Website by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India.
Website will not facilitate transaction with respect to any other form
of currency with respect to the purchases made on Website.
(9.9)
Before shipping / delivering your order to you, the Company may request
you to provide supporting documents (including but not limited to Govt.
issued ID and address proof) to establish the ownership of the payment
instrument used by you for your purchase. This is done in the interest
of providing a safe online shopping environment to Our Users.
(10.0) Cancellation of Order before Dispatch of Products by the Company
(10.1) 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.
(10.2) 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 cancelled, the Company shall immediately issue a credit to
User's credit/ debit/ cash card account for the amount of the charge.
(10.3)
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 or making such request on the Company
website.
(10.4) "Cancel Order" can be placed anytime after
booking of order but before status of order changes into "handed over
to courier" on the Website.
(11.0) Refund Policy
(11.1)
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.
(11.2) All eligible
refunds against Cancellation of Orders by User before delivery of
Product to User will be subject to deduction of 2% plus applicable taxes
(Two Percent (2% plus applicable taxes) of the Product Price already
paid (Transaction value) as Banking and Transaction charges and balance
amount would be processed for refund to the User. User understands and
agrees to such deduction by putting Cancellation request for any Order
before delivery of Product.
(11.3) Any eligible refund
will be initiated by the Company for credit into the same account from
where the payment was made by User, within seven (7) 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. The Company shall not be liable for any
charges levied by the bank for processing of the refund transaction and
the same will solely be borne by the User.
(11.4) All refunds will be made out through crediting the account from which the payments were made.
(11.5) Interest
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 Interest fee debited to User's card
account shall be reversed in accordance with the terms of the respective
bank and User shall have to contact its card issuing bank directly. The
Company recommends that User should inform the card issuing bank for
the cancellation of the transaction and follow up with the said bank for
the said refund. The refund of any Interest 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 Interest by
respective bank.
(11.6) The Company reserves the right to
impose limits on the number of Transactions which the Company may
receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank
Account/ and such other infrastructure or any other financial
instrument directly or indirectly through payment aggregator or through
any such facility authorized by Reserve Bank of India to provide
enabling support facility for collection and remittance of payment
during any time period, and reserves the right to refuse to process
Transactions exceeding such limit.
(11.7) The Company
reserves the right to refuse to process Transactions by User/s with a
prior history of questionable charges including without limitation
breach of any agreements by User with the Company or breach/violation of
any law or any charges imposed by Issuing Bank or breach of any policy.
(11.8) The aforesaid terms and conditions in respect to refund by the Company shall be referred to "Refund Policy".
(12.0) Special Schemes/Offers
(12.1)
The Company shall be introducing on its website periodical attractive
offers/schemes for its users, the terms of such offers shall be
specifically listed separately. And it is in the sole discretion of the
Company in the implementation of the said schemes/offers. The Company
has total right to call off/discontinue any scheme/offer at any time
without any reason. The decision of the Company in all matters
concerning every Scheme/Offer shall be final & binding.
(13.0) Delivery terms
(13.1)
The Company has its logistics partner in place who shall be responsible
in prompt delivery of the products purchased by the User, the tentative
delivery time as per the location of the user shall be indicated on the
website (though the same is not exact & binding) & the delivery
will take place based on such understanding. The logistics partner of
the Company shall take all required and necessary steps to ensure
shipment of the Product to ensure prompt delivery. However, User
understands and confirms that the Company shall not be held responsible
for any delay in shipment of the Product.
(13.2) We offer
FREE SHIPPING for all our products purchased only by “B2C Users”,
whereas the product/s purchased/booked by “B2B Users” shall be strictly
freight on delivery.
(13.3) In case “B2C User” books
Order of multiple Products in one transaction, the Company would
endeavour to ship all Products together. However, this may not always be
possible due to Product characteristics and/or logistics' issues. If
“B2C User” purchases multiple Products in single transaction, then all
the Products would be shipped to a single shipping address given by “B2C
User”. If “B2C User” wishes to ship Products to different addresses,
then “B2C User” should book separate orders based on delivery addresses.
(14.0) Express Shipping
(14.1)
The Company hereby offers an Express Shipping service in order to
ensure speedy delivery of the Products to its “B2C Users” which are
booked through the Website approximately within a duration of Twenty
Four (24) Hours to Forty Eight (48) hours from the time of invoice
received by the User("Express Shipping Service") . The terms and
conditions for the Express Shipping Service are as set out hereinbelow
which are in addition to these Terms and Conditions -
(14.2)
In order to avail the Express Shipping Service, the “B2C User” shall,
while purchasing the Products on the Website, have to select "EXPRESS
SHIPPING" option.
(14.3) On selecting the "EXPRESS
SHIPPING" option, the Products purchased by the “B2C Users” shall be
delivered within a duration of Twenty Four (24) Hours to Forty Eight
(48) hours from the time the Invoice is generated.
(14.4) The Express Shipping Service shall be available in selected cities which are as set out on the Website.
(14.5)
The “B2C User” will be charged a fee of Rupees _____ (Rs __/-) which
may be revised from time to time in respect to availing of the Express
Shipping Service.
(14.6) The Products which are ordered
during the duration of 4.00 P.M To 10.00 A.M shall be dispatched by the
Company the next business day and will be received by the Users within
Twenty Four (24) Hours to Forty Eight (48) hours.
(14.7)
In case of return of the Products delivered vide Express Shipping
Service, the “B2C User” can call the Company on the Customer Care Centre
number provided on the Website.
(14.8) The Products once
accepted by the “B2C User” on delivery, the Company shall not be
responsible for any breakage of the Products and the “B2C User” shall
not be eligible to make such claims.
(14.9) In case of
return of the Products, the money shall be refunded to the “B2C User’s”
account depending on the mode of payment selected by the “B2C User”
while purchasing the Product. It is expressly provided that the Company
shall not refund any amount in cash.
(14.10) The Express
Shipping Service applies to attempted delivery by the promised date. The
Company shall not be responsible to provide the delivery on
Terms and Conditions for Transacting At and/or Dealing with Online Shopping Website
www.av-visionindia.co.in
(A)
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.
(B) This document is
published in accordance with the provisions of Rule 3(1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that
require publishing the rules and regulations, privacy policy and user
agreement for access and/ or transacting and/ or usage of
www.av-visionindia.co.in and sets out the terms and conditions governing
it and the disclaimer ("Terms & Conditions").
(C) www.av-visionindia.co.in ("Website") is owned and operated by AV-VISION EQUIPMENTS (INDIA) PVT. LTD., a company incorporated under the Companies Act, 1956 (as amended from time to time) vide CIN- U32304TG2007PTC056103, having its Registered Office at #1-20-248, Second Floor,(Snowcem Paints Lane) Rasoolpura, Secunderabad - 500 003, (Telangana), India. hereinafter referred to as "Company" [which expression shall, unless it be repugnant to the context or meaning thereof, include its successor or successors and assigns]. All kinds of correspondence should be addressed to the support office address as given above.
(D) Use of this Website is regulated by the Terms
& Conditions provided herein. Your visit, dealing, transacting
and/or otherwise using this Website shall be treated as you have read,
understood and unconditionally accept these Terms & Conditions.
These Terms & Conditions shall be treated as a legally binding and
enforceable agreement between the Company and you. If you do not agree
with any and/or all of these Terms & Conditions, then you should
stop dealing with and/or cease to initiate and do any transaction on
this Website.
(E) 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.
(F)
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
(G)
In this Agreement (as defined hereinafter), 'Company' and 'User' have
been collectively referred to as "Parties" and individually as "Party".
(1.0) Definitions
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
(1.1) Agreement:
shall mean agreement between the Company and User with terms and
conditions as provided herein and includes the Privacy Policy,
Disclaimer, Secure Shopping and all the schedules, appendices and
references mentioned herein with all such amendments as effected by the
Company from time to time.
(1.2) B2B User: shall mean all
business to business users & shall include but not limited to
dealers/sub-dealers/retailers & such of all those
individuals/entities that shall be dealing with the products purchased
from the Company.
(1.3) B2C User: shall mean business to customer/user i.e., the end user of the product/s purchased from the Company.
(1.4) Company: shall mean AV-VISION EQUIPMENTS (INDIA) PVT. LTD.,
(1.5) Exchange Policy: shall have the meaning ascribed to it in Clause 8.0.
(1.6) Express Shipping Service: shall have the meaning ascribed to it in Clause 14.0.
(1.7) Force Majeure Event: shall have the meaning ascribed to it in Clause XIX.
(1.8) Products: shall mean any good and/or service offered for sale on the Website for consideration.
(1.9) Refund Policy: shall have the meaning ascribed to it in Clause 11.0.
(1.10) Return Policy: shall have the meaning ascribed to it in Clause 7.0.
(1.11) Terms & Conditions: shall have the meaning as ascribed hereinabove.
(1.12) User / Users :
shall mean any person/persons and/or legal entity(ies) who visits,
uses, deals with and/or transact at www.av-visionindia.co.in in any way
& refers to both the categories of “B2B User” & “B2C User”.
(1.13) Website: shall mean www.av-visionindia.co.in, a website owned and operated by the Company for facilitating online transactions.
(2.0) User Eligibility
(2.1)
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.
(2.2)
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.
(2.3) If You use the
Website, You shall be responsible for maintaining the confidentiality of
your Display Name and Password and You shall be responsible for all
activities that occur under your Display Name and Password. You agree
that if You provide any information that is untrue, inaccurate, not
current or incomplete or We have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
accordance with the this Terms of Use, We shall have the right to
indefinitely suspend or terminate or block access of your membership on
the Website and refuse to provide You with access to the Website.
(2.4)
The registration of account of “B2B User” shall be through a separate
screening process done by the Company. The “B2B User” shall fulfil all
the conditions necessary for registration of an account. All the
formalities involved in this screening process shall be specified
separately by the Company & the registration shall be completed
& account shall be made active only after the proposed “B2B User”
fulfils all such pre-requisites necessary. The Company shall have the
sole discretion to indefinitely suspend or terminate or block access of
your membership on the Website and refuse to provide You with access to
the Website.
(3.0) Amendment of Term
(3.1) 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.
(4.0) Website Content
(4.1) 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.
(4.2) 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.
(4.3) 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.
(4.4) 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.
(4.5) 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.
(4.6)
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.
(4.7)
The Company's logos, product and service marks and/ or names are
trademarks which 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.
(4.8) 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.
(5.0) Registration Data
(5.1)
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.
(5.2) User shall be solely
responsible for the accuracy and correctness of all such
details/information given by User during registration. The Company shall
be entitled to cross verify those details, if it deems fit. If the
Company has reason to doubt the correctness of any details/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.
(5.3) 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.
(5.4)
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.
(5.5) User agrees and understands that the Company shall not be responsible in any manner whatsoever for:
(5.5.1) Delivery of Product(s) at wrong address furnished by User.
(5.5.2) any loss and/or damage to User due to incorrect, incomplete and/or false information furnished by User; or
(5.5.3) Any deficiency in payment of consideration payable towards the Products purchased on the Website.
(5.5.4) The
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.
(5.5.5) While
placing an order, User shall not make multiple quantity of same or
different product spanning across multiple order in the same day under
the same name or group of companies id will be treated as bulk order and
Company reserves its right to cancel such bulk orders. If at any time,
it is found/observed that User has by misrepresentation or any other way
has ordered more than 3 units of a particular product, it will amount
to bulk order and the Company reserves its right to reject such order(s)
partly or fully. The fulfillment of order placed by the User shall be
subject to availability of the stock with the Company.
(6.0) Representations and Warranties
(6.1)
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.
(6.2)
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.
(6.3)
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.
(6.4) User
agrees and undertakes that she/ he shall be solely responsible for
his/her Information and confirms that information submitted by User:
(6.4.1) Is correct, complete, relevant and accurate.
(6.4.2) Is not fraudulent.
(6.4.3) Does not "stalk" or otherwise harass another user;
(6.4.4)
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.
(6.4.5) Shall not be defamatory, libellous, unlawfully threatening and/or unlawfully harassing.
(6.4.6) 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.
(6.4.7) 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.
(6.4.8) 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.
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.
(6.4.9) 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.
(6.4.10)
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.
(6.4.11) Is not illegal in any other way.
(6.4.12) Shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) Belongs to another person and to which You does not have any right to;
(b)
is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy,
hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever; or unlawfully threatening or unlawfully
harassing including but not limited to "indecent representation of
women" within the meaning of the Indecent Representation of Women
(Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is
patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h)
infringes upon or violates any third party's rights [including, but not
limited to, intellectual property rights, rights of privacy (including
without limitation unauthorized disclosure of a person's name, email
address, physical address or phone number) or rights of publicity];
(i)
promotes an illegal or unauthorized copy of another person's
copyrighted work (see "Copyright complaint" below for instructions on
how to lodge a complaint about uploaded copyrighted material), such as
providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
(j)
contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page);
(k)
provides material that exploits people in a sexual, violent or
otherwise inappropriate manner or solicits personal information from
anyone;
(l) provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries
to gain unauthorized access or exceeds the scope of authorized access
to the Website or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Website or solicits
passwords or personal identifying information for commercial or unlawful
purposes from other users;
(o) engages in commercial
activities and/or sales without Our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the
buying or selling of "virtual" products related to the Website.
Throughout this Terms of Use, Company's prior written consent means a
communication coming from Company's Legal Department, specifically in
response to Your request, and specifically addressing the activity or
conduct for which You seek authorization;
(p) solicits
gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
(q)
interferes with another USER's use and enjoyment of the Website or any
other individual's User and enjoyment of similar services;
(r)
refers to any website or URL that, in Our sole discretion, contains
material that is inappropriate for the Website or any other website,
contains content that would be prohibited or violates the letter or
spirit of these Terms of Use.
(s) harm minors in any way;
(t)
infringes any patent, trademark, copyright or other proprietary rights
or third party's trade secrets or rights of publicity or privacy or
shall not be fraudulent or involve the sale of counterfeit or stolen
products;
(u) violates any law for the time being in force;
(v)
deceives or misleads the addressee/ users about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature;
(w) impersonate another person;
(x)
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information;
(y)
threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any cognizable offence or prevents
investigation of any offence or is insulting any other nation.
(z) shall not be false, inaccurate or misleading;
(aa)
shall not, directly or indirectly, offer, attempt to offer, trade or
attempt to trade in any item, the dealing of which is prohibited or
restricted in any manner under the provisions of any applicable law,
rule, regulation or guideline for the time being in force.
(ab) shall
not create liability for the Company or cause the Company to lose (in
whole or in part) the services of Our internet service provider ("ISPs")
or other suppliers;
1. 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
process, to access, acquire, copy or monitor any portion of the Website
or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Website or any Content, to obtain or
attempt to obtain any materials, documents or information through any
means not purposely made available through the Website. We reserve our
right to bar any such activity.
2. You shall not attempt to
gain unauthorized access to any portion or feature of the Website, or
any other systems or networks connected to the Website or to any server,
computer, network, or to any of the services offered on or through the
Website, by hacking, password "mining" or any other illegitimate means.
3.
You shall not probe, scan or test the vulnerability of the Website or
any network connected to the Website nor breach the security or
authentication measures on the Website or any network connected to the
Website. You may not reverse look-up, trace or seek to trace any
information on any other User of or visitor to Website, or any other
customer, including any account on the Website not owned by You, to its
source, or exploit the Website or any service or information made
available or offered by or through the Website, 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 Website.
4. You shall not make any
negative, denigrating or defamatory statement(s) or comment(s) about the
Company or the brand name or domain name used by the Company including
the terms the Company or otherwise engage in any conduct or action that
might tarnish the image or reputation, of the Company or otherwise
tarnish or dilute any the Company's trade or service marks, trade name
and/or goodwill associated with such trade or service marks, trade name
as may be owned or used by us. You agree that You will not take any
action that imposes an unreasonable or disproportionately large load on
the infrastructure of the Website or the Company's systems or networks,
or any systems or networks connected to the Company.
5. You
agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website or any
transaction being conducted on the Website, or with any other person's
use of the Website.
6. You may not forge headers or
otherwise manipulate identifiers in order to disguise the origin of any
message or transmittal You send to the Company on or through the Website
or any service offered on or through the Website. You may not pretend
that You are, or that You represent, someone else, or impersonate any
other individual or entity.
7. You may not use the Website
or any content for any purpose that is unlawful or prohibited by these
Terms of Use, or to solicit the performance of any illegal activity or
other activity which infringes the rights of the Company and / or
others.
8. You shall at all times ensure full compliance
with the applicable provisions of the Information Technology Act, 2000
and rules thereunder as applicable and as amended from time to time and
also all applicable Domestic laws, rules and regulations (including the
provisions of any applicable Exchange Control Laws or Regulations in
Force) and International Laws, Foreign Exchange Laws, Statutes,
Ordinances and Regulations (including, but not limited to Sales Tax/VAT,
Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products or services.
You shall not engage in any transaction in an item or service, which is
prohibited by the provisions of any applicable law including exchange
control laws or regulations for the time being in force.
9.
Solely to enable the Company to use the information You supply the
Company with, so that we are not violating any rights You might have in
Your Information, You agree to grant the Company a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, database
rights or any other rights You have in Your Information, in any media
now known or not currently known, with respect to Your Information. We
will only use Your information in accordance with the Terms of Use and
Privacy Policy applicable to use of the Website.
10. From
time to time, You shall be responsible for providing information
relating to the products or services proposed to be sold by You. In this
connection, You undertake that all such information shall be accurate
in all respects. You shall not exaggerate or over emphasize the
attributes of such products or services so as to mislead other Users in
any manner.
11. You shall not engage in advertising to, or
solicitation of, other Users of the Website to buy or sell any products
or services, including, but not limited to, products or services related
to that being displayed on the Website or related to us. You may not
transmit any chain letters or unsolicited commercial or junk email to
other Users via the Website. It shall be a violation of these Terms of
Use to use any information obtained from the Website in order to harass,
abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than Us without Our prior
explicit consent. In order to protect Our Users from such advertising or
solicitation, We reserve the right to restrict the number of messages
or emails which a user may send to other Users in any 24-hour period
which We deems appropriate in its sole discretion. You understand that
the Company have the right at all times to disclose any information
(including the identity of the persons providing information or
materials on the Website) as necessary to satisfy any law, regulation or
valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of
alleged illegal activity or solicitation of illegal activity or in
response to a lawful court order or subpoena. In addition, the Company
can (and You hereby expressly authorize Us to) disclose any information
about You to law enforcement or other government officials, as we, in
Our sole discretion, believe necessary or appropriate in connection with
the investigation and/or resolution of possible crimes, especially
those that may involve personal injury.
We reserve the right, but
has no obligation, to monitor the materials posted on the Website. The
Company shall have the right to remove or edit any content that in its
sole discretion violates, or is alleged to violate, any applicable law
or either the spirit or letter of these Terms of Use. Notwithstanding
this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES.
Please be advised that such Content posted does not necessarily reflect
the Company views. In no event shall the Company assume or have any
responsibility or liability for any Content posted or for any claims,
damages or losses resulting from use of Content and/or appearance of
Content on the Website. You hereby represent and warrant that You have
all necessary rights in and to all Content which You provide and all
information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information.
(6.5) It is
possible that other users (including unauthorized users or "hackers")
may post or transmit offensive or obscene materials on the Website and
that You may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information
about You due to your use of the Website, and that the recipient may
use such information to harass or injure You. We does not approve of
such unauthorized uses, but by using the Website You acknowledge and
agree that We are not responsible for the use of any personal
information that You publicly disclose or share with others on the
Website. Please carefully select the type of information that You
publicly disclose or share with others on the Website.
(6.6) Further, the User agrees and understands that the Company reserves the right to remove and/or edit such detail / information.
(6.7) 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.
(6.8)
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 Users use
and enjoyment of the Website and/or services therein.
(6.9)
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.
(6.10) 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.
(6.11)
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.
(6.12) 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.
(7.0) Return Policy
(7.1) All
Products purchased from the Website enjoy fifteen (15) days Return
Policy. Any Product, purchased from the Website, can be returned to the
Company within fifteen (15) days of delivery of the same to User by
placing a "Cancel Order" request on the website or by logging a call
with Company's Customer Care Centre by phone on 1800-425-2936.
(7.2)
Any Product purchased from the Website can be returned to the Company
only if the original packaging of the Product is unopened.
(7.3)
Incase the User receives the product with original packaging is damaged
or tampered in any manner then in such case the User shall immediately
endorse the said fact in writing with the delivery agent.
(7.4)
Return of the product can be initiated only if the User fulfils the
above obligation of writing/issuing an endorsement to the delivery agent
at the time of the delivery.
(7.5) 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 Customer Care Centre 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.
(7.6) In case of Cancellation (Return /
Replacement) of order after delivery of the Product to User, the Company
will arrange pick up of the Product to be returned. User will assist
and cooperate fully to return the Product with its manuals, booklets,
warranty card, accessories, freebies and packing materials or any other
thing which were delivered to User along with the Product being
returned. At the time of pickup the User will be provided with
acknowledgement of pick up by the Company's Logistical Partner. User
should retain the said acknowledgment and quote or product the same in
all his/her future communications with the Company in this regard.
(7.7)
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.
(8.0) Exchange / Replacement
(8.1)
In case the Product whose original packaging of the Product is unopened
qualifies for exchange/replacement, User can request for exchange/
replacement of the Product any time after delivery of the Product but
not later than fifteen (15) days from the date of delivery of the
Product, by placing 'Exchange'/ 'Replacement Request' on the Website or
by registering a call on the Company's Customer Service Centre. User
agrees to assist and cooperate to return the Product with all its
accessories, freebies, original packing materials and such declaration
duly signed by User as may be suggested by Customer Service Centre while
registering call for return/replacement. Subject to the provisions as
set out here in above, User hereby agrees and understands that Products
can be returned by User only by registering lodging a 'Return' request'
by logging a call on the Company's Customer Service Centre or as
provided on the company website.
(8.2) In case of any
defect arising after delivery of the Product or after demo/installation
of the Product as the case may be, such defects will be serviced by the
respective manufacturer/brand in accordance with respective
manufacturer's warranty terms.
(8.3) In case User opts for
replacement of the Product due to any defect at the time of delivery or
demo/installation of the Product, User will have to ensure that the
Product is returned in undamaged and saleable condition including all
accessories and manuals. There should be no signs of external damage on
the packaging, including the original carton. Kindly refer to the
Returns sections on the Website for further detail on the Return
Process.
(9.0) Payment Terms
(9.1) 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.
(9.2) User hereby agrees and understands that
the facility of 0% finance by way of equated monthly installment ("EMI")
is provided by banks and available on purchase of specific products.
User understands and agrees that for converting any Purchase Transaction
into EMI and not by the Company. EMI is at the sole discretion of the
bank. Any refund related to interest charged to the customer, should be
dealt with the issuing bank directly.
(9.3) 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.
(9.4) 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.
(9.5)
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.
(9.6) 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.
(9.7) 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.
(9.8) All payments
made against the purchases/services on Website by you shall be
compulsorily in Indian Rupees acceptable in the Republic of India.
Website will not facilitate transaction with respect to any other form
of currency with respect to the purchases made on Website.
(9.9)
Before shipping / delivering your order to you, the Company may request
you to provide supporting documents (including but not limited to Govt.
issued ID and address proof) to establish the ownership of the payment
instrument used by you for your purchase. This is done in the interest
of providing a safe online shopping environment to Our Users.
(10.0) Cancellation of Order before Dispatch of Products by the Company
(10.1) 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.
(10.2) 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 cancelled, the Company shall immediately issue a credit to
User's credit/ debit/ cash card account for the amount of the charge.
(10.3)
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 or making such request on the Company
website.
(10.4) "Cancel Order" can be placed anytime after
booking of order but before status of order changes into "handed over
to courier" on the Website.
(11.0) Refund Policy
(11.1)
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.
(11.2) All eligible
refunds against Cancellation of Orders by User before delivery of
Product to User will be subject to deduction of 2% plus applicable taxes
(Two Percent (2% plus applicable taxes) of the Product Price already
paid (Transaction value) as Banking and Transaction charges and balance
amount would be processed for refund to the User. User understands and
agrees to such deduction by putting Cancellation request for any Order
before delivery of Product.
(11.3) Any eligible refund
will be initiated by the Company for credit into the same account from
where the payment was made by User, within seven (7) 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. The Company shall not be liable for any
charges levied by the bank for processing of the refund transaction and
the same will solely be borne by the User.
(11.4) All refunds will be made out through crediting the account from which the payments were made.
(11.5) Interest
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 Interest fee debited to User's card
account shall be reversed in accordance with the terms of the respective
bank and User shall have to contact its card issuing bank directly. The
Company recommends that User should inform the card issuing bank for
the cancellation of the transaction and follow up with the said bank for
the said refund. The refund of any Interest 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 Interest by
respective bank.
(11.6) The Company reserves the right to
impose limits on the number of Transactions which the Company may
receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank
Account/ and such other infrastructure or any other financial
instrument directly or indirectly through payment aggregator or through
any such facility authorized by Reserve Bank of India to provide
enabling support facility for collection and remittance of payment
during any time period, and reserves the right to refuse to process
Transactions exceeding such limit.
(11.7) The Company
reserves the right to refuse to process Transactions by User/s with a
prior history of questionable charges including without limitation
breach of any agreements by User with the Company or breach/violation of
any law or any charges imposed by Issuing Bank or breach of any policy.
(11.8) The aforesaid terms and conditions in respect to refund by the Company shall be referred to "Refund Policy".
(12.0) Special Schemes/Offers
(12.1)
The Company shall be introducing on its website periodical attractive
offers/schemes for its users, the terms of such offers shall be
specifically listed separately. And it is in the sole discretion of the
Company in the implementation of the said schemes/offers. The Company
has total right to call off/discontinue any scheme/offer at any time
without any reason. The decision of the Company in all matters
concerning every Scheme/Offer shall be final & binding.
(13.0) Delivery terms
(13.1)
The Company has its logistics partner in place who shall be responsible
in prompt delivery of the products purchased by the User, the tentative
delivery time as per the location of the user shall be indicated on the
website (though the same is not exact & binding) & the delivery
will take place based on such understanding. The logistics partner of
the Company shall take all required and necessary steps to ensure
shipment of the Product to ensure prompt delivery. However, User
understands and confirms that the Company shall not be held responsible
for any delay in shipment of the Product.
(13.2) We offer
FREE SHIPPING for all our products purchased only by “B2C Users”,
whereas the product/s purchased/booked by “B2B Users” shall be strictly
freight on delivery.
(13.3) In case “B2C User” books
Order of multiple Products in one transaction, the Company would
endeavour to ship all Products together. However, this may not always be
possible due to Product characteristics and/or logistics' issues. If
“B2C User” purchases multiple Products in single transaction, then all
the Products would be shipped to a single shipping address given by “B2C
User”. If “B2C User” wishes to ship Products to different addresses,
then “B2C User” should book separate orders based on delivery addresses.
(14.0) Express Shipping
(14.1)
The Company hereby offers an Express Shipping service in order to
ensure speedy delivery of the Products to its “B2C Users” which are
booked through the Website approximately within a duration of Twenty
Four (24) Hours to Forty Eight (48) hours from the time of invoice
received by the User("Express Shipping Service") . The terms and
conditions for the Express Shipping Service are as set out hereinbelow
which are in addition to these Terms and Conditions -
(14.2)
In order to avail the Express Shipping Service, the “B2C User” shall,
while purchasing the Products on the Website, have to select "EXPRESS
SHIPPING" option.
(14.3) On selecting the "EXPRESS
SHIPPING" option, the Products purchased by the “B2C Users” shall be
delivered within a duration of Twenty Four (24) Hours to Forty Eight
(48) hours from the time the Invoice is generated.
(14.4) The Express Shipping Service shall be available in selected cities which are as set out on the Website.
(14.5)
The “B2C User” will be charged a fee of Rupees _____ (Rs __/-) which
may be revised from time to time in respect to availing of the Express
Shipping Service.
(14.6) The Products which are ordered
during the duration of 4.00 P.M To 10.00 A.M shall be dispatched by the
Company the next business day and will be received by the Users within
Twenty Four (24) Hours to Forty Eight (48) hours.
(14.7)
In case of return of the Products delivered vide Express Shipping
Service, the “B2C User” can call the Company on the Customer Care Centre
number provided on the Website.
(14.8) The Products once
accepted by the “B2C User” on delivery, the Company shall not be
responsible for any breakage of the Products and the “B2C User” shall
not be eligible to make such claims.
(14.9) In case of
return of the Products, the money shall be refunded to the “B2C User’s”
account depending on the mode of payment selected by the “B2C User”
while purchasing the Product. It is expressly provided that the Company
shall not refund any amount in cash.
(14.10) The Express
Shipping Service applies to attempted delivery by the promised date. The
Company shall not be responsible to provide the delivery on
