MARD BY AJSK TERMS AND CONDITIONS
Welcome to mard BY AJSK!
The terms and conditions as set out herein (“Terms”) constitute an agreement between Reliance Abu Sandeep Private Limited, a company incorporated under the provisions of the Companies Act, 2013, which has its office at Plot 1, Shah Industrial Area, Ghanshyam Industrial Estate Compound, Off. Veera Desai Road, Andheri(W) Mumbai - 400102 (“ we”, “us” or “our” ), which operates the mobile and desktop website https://mard.abusandeep.com/ (defined below) and a natural or legal person who accesses and/or uses mard by Abu sandeep Platform in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on mard by Abu sandeep Platform (“Service(s)”), as updated from time to time.
By using the mard by Abu sandeep Platform, you expressly agree to be bound by the Terms. If you do not agree with any of the Terms, please do not use the mard by Abu sandeep Platform. If you have any questions about the terms, please contact at [email protected] Please note that your access to the Services, other platforms or utilisation of Products (defined below), offers or promotions in relation to the Products as may be provided by us or our affiliates, may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Service or utilisation of the Product. These Terms govern your use of the mard by Abu sandeep Platform and transaction or dealings thereon.
For the purposes of these Terms: (a) “mard by Abu sandeep Platform ” means the https://mard.abusandeep.com/ which include its corresponding mobile application/wallet/ website/tablet/desktop or any other digital mode and/or operating system as provided by us, on which you may avail the Services and includes applications controlled and managed by us which interact with one or more such mobile applications/ wallets/ websites/ tablets and digital modes as provided by us; (b) “Products” shall mean apparels, accessories, and any other products under the brand name “mard BY AJSK” offered for sale to you on the mard by Abu sandeep Platform ; and (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 2 (two) parts. Please carefully read all the parts to understand the conditions applicable in case of usage of the mard by Abu sandeep Platform and for purchase of Products thereof.
PART A – TERMS AND CONDITIONS FOR USAGE OF mard BY ABU SANDEEP PLATFORM
1. GENERAL
1 The terms and conditions for usage of the mard by Abu sandeep Platform
as set out herein (“Terms of Use”) specifically govern your access and use
of the mard by Abu sandeep Platform , which provides a forum for you to
inter alia enable you to discover, select and buy Products listed on
mard by Abu sandeep Platform at the indicated price at any time, from
the locations serviceable by us.
2 Please note that we may from time to time change the Terms of Use that
govern your use of the mard by Abu sandeep Platform . Every time you
wish to use our mard by Abu sandeep Platform , please check these Terms
of Use to ensure you understand the terms and conditions that apply at
that time. Further, please note that we reserve the right to either change
the format and the content of the mard by Abu sandeep Platform or
suspend the operation of the mard by Abu sandeep Platform for support or
maintenance work, in order to update the content or for any other reason,
at any time.
3 Any accessing, browsing, or otherwise using the mard by Abu sandeep
Platform indicates your agreement to these Terms of Use, the privacy
policy of mard by Abu sandeep Platform (available here: https://mard-website.fynd.io/page/privacy-policy) and any other policies or
guidelines that may be applicable on the mard by Abu sandeep Platform at
the time of your access and usage of the mard by Abu sandeep Platform
and which may be updated from time to time (collectively, the
“Agreement”).
4 This document is an electronic record in terms of the Information
Technology Act, 2000 and rules made thereunder as may be applicable, and
the amended provisions pertaining to electronic records in various
statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require
any physical or digital signatures.
5 We authorise you to view and access the mard by Abu sandeep Platform
solely for identifying Products, carrying out purchases of Products and
processing returns and refunds, in accordance with Return and Refund
Policy (available here: https://mard-website.fynd.io/page/return-policy), therefore, grant you a limited, revocable permission
to access and use the Services.
6 By accepting this Agreement, you affirm that you are 18 (Eighteen) years
of age or above and are fully competent to enter into this Agreement, and
to abide by and comply with this Agreement. If a user is below 18
(Eighteen) years of age, it is assumed that he/she is using/browsing the
mard by Abu sandeep Platform under the supervision of his/her parent or
legal guardian and that such user’s parent or legal guardian has read and
agrees to the terms of this Agreement, including terms of purchase of
Products on behalf of the minor user. In the event we are made aware that
a user is under the age of 18 and is using/browsing the mard by Abu
sandeep Platform without the supervision of his/her parent or legal
guardian, we reserve the right to deactivate such user’s account without
further notice. Further, if you are using the Services on behalf of a
company or organisation, you represent that you have authority to act on
behalf of that entity, and that such entity accepts this Agreement.
2. REGISTRATION OF YOUR ACCOUNT
2.1 In order to purchase Products on the mard by Abu sandeep Platform
and/or avail the Services, you will have to register on the mard by Abu
sandeep Platform . Registration is a one-time process based on successful
mobile OTP (One Time Password) verification and you will be eligible to
further access and avail the Services only after filling in the necessary
forms and details as may be required by us at the time of your
registration. For placing an order, you should login to your account by
completing the successful mobile OTP verification.
2.2 You are solely authorized to operate the account created by you.
Consequently, it is your responsibility to maintain the confidentiality of
the log in credentials of your account on the mard by Abu sandeep
Platform and for restricting access to your computer/mobile/other similar
devices to prevent unauthorized access to your account. You shall remain
solely liable for all the actions undertaken through your account.
2.3 You will: (a) immediately inform us of any unauthorized use of the
account or any other security breach; and (b) ensure that you log out of
your account at the end of each session. We, our employees, agents,
directors and officers will not be liable for any loss or direct or
indirect damage arising from your failure to comply with these Terms of
Use. You may be held liable for any losses incurred to us or any other
user due to unauthorized use of their account by you. We reserve the right
to refuse access to the mard by Abu sandeep Platform , terminate
accounts, remove or edit content at any time without notice to you.
3. COMMUNICATION AND UNSUBSCRIPTION
3.1 By accepting the Terms of Use, you also accept to receive news,
updates, offers/ campaign related SMS, to the mobile phone number provided
by you. By accessing and using the mard by Abu sandeep Platform and/ or
verifying your contact number with us, you explicitly consent to receive
such communications (through call, SMS, email or other digital and
electronic means) from us and/or our authorized representatives regarding
any new services or offerings, even if your contact number is registered
under the DND/NCPR list under the Telecom Commercial Communications
Customer Preference Regulations, 2018.
3.2 You can unsubscribe/ opt-out from receiving marketing/ promotional
communications, newsletters and other notifications from us at any time by
following the instructions set out in such communications.
4. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
4.1 We will try to ensure that all information and recommendations,
whether in relation to the Products, Services, offerings or otherwise
(hereinafter “Information”) provided as part of this mard by Abu sandeep
Platform is correct at the time of inclusion on the mard by Abu sandeep
Platform . We do not guarantee the accuracy of the Information. We make no
representations or warranties as to the completeness or accuracy of
Information.
4.2 You agree that Information is being supplied to you on the condition
that you will make your own determination as to the suitability of such
information for your purpose prior to use or in connection with the making
of any decision. No Information on the mard by Abu sandeep Platform
shall constitute an invitation to invest in us or any affiliates. Any use
of this mard by Abu sandeep Platform or the Information is at your own
risk. Neither we, our affiliates, nor their officers, employees or agents
shall be liable for any loss, damage or expense arising out of any access
to, use of, or reliance upon, this website, the Information, or any
third-party website linked to this mard by Abu sandeep Platform . We are
not responsible for the content of any third-party sites and do not make
any representations regarding the content or accuracy of material on such
sites. If you decide to access links of any third-party platforms, you are
doing so entirely at your own risk and expense.
4.3 As means to assist the users in identifying the Products of their
choice, we provide visual representations on the mard by Abu sandeep
Platform including graphics, illustrations, photographs, images, videos,
charts, screenshots, infographics and other visual aids. While reasonable
efforts are made to provide accurate visual representation, we disclaim
any guarantee or warranty of exactness of such visual representation or
description of the Product, with the actual Product ultimately delivered
to users. The appearance of the Product when delivered may vary for
various reasons.
4.4 Nothing contained herein is to be construed as a recommendation to use
any Product, process, equipment or formulation, in conflict with any
patent, or otherwise and we make no representation or warranty, express or
implied that, the use thereof will not infringe any patent, or
otherwise.
4.5 We do not covenant or provide any representations and warranties:
4.5.1 in respect of quality, suitability, accuracy, reliability,
performance, safety, merchantability, fitness for a particular
purpose/consumption or the content (including Product or pricing
information and/or specifications) on mard by Abu sandeep Platform ;
4.5.2 that the Services will be made available at all times; and
4.5.3 that the operation of mard by Abu sandeep Platform , including the
functions contained in any content, information and materials on mard by
Abu sandeep Platform or any third-party sites or services linked to mard
by Abu sandeep Platform will be uninterrupted, or that the defects will be
rectified, or that mard by Abu sandeep Platform or the servers that make
such content, information and materials available are free of viruses or
other harmful components.
4.6 THIS mard BY ABU SANDEEP PLATFORM AND THE SERVICES ARE PROVIDED TO
YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR
WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS,
SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF
THIRD-PARTY RIGHTS, WITH RESPECT TO THE mard BY ABU SANDEEP PLATFORM ,
THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION
REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE
SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR
INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
4.7 Disclaimer -To the extent permitted by applicable law, We, our
officers, agents, employees and directors, disclaim any liability against
any loss, damage, expenses, liabilities, claim, injury caused due to the
failure of performance, omission, defect of products, or deletion,
interruption, error, delay, virus, communication, unauthorised access,
theft, destruction, alteration or use of records on the mard by Abu
sandeep Platform .
5. AVAILIBILITY AND ACCESIBILITY OF mard BY ABU SANDEEP PLATFORM
5.1 We control and operate this mard by Abu sandeep Platform from India
and makes no representation that the materials and the content available
on the mard by Abu sandeep Platform are appropriate to be used or will
be available for use in other locations outside India. If you use this
mard by Abu sandeep Platform from outside India, you are entirely
responsible for compliance with all applicable local laws. These Terms of
Use do not constitute, nor may these Terms of Use be used for or in
connection with any promotional activities or solicitation by anyone in
any jurisdiction in which such promotional activities or solicitation are
not authorized or to any person to whom it is unlawful to promote or
solicit.
5.2 We have several websites offering Products, Services, content and
various other functionalities to specific regions worldwide. The Services
offered in one region may differ from those in other regions due to
availability, local or regional laws, shipment and other considerations.
We do not make any warranty or representation that a user in one region
may obtain the Services from our site in another region and we may cancel
a user's order or redirect a user to the site for that user’s region if a
user attempts to order Services offered on a site in another region.
5.3 Information that we publish on the world wide web may contain
references or cross references to our Products, programs and Services that
are not announced or available in your country. Such references do not
imply that we intend to announce such Products, programs or Services in
your country. Consult our local business contact for information regarding
the Products, programs and Services that may be available to you.
5.4 We constantly monitor the user’s account in order to avoid fraudulent
accounts and transactions. Users with more than one account or availing
referral vouchers fraudulently shall be liable for legal actions under law
and we reserve the right to recover the cost of goods, collection charges
and lawyer fees from persons using the mard by Abu sandeep Platform
fraudulently. We reserve the right to initiate legal proceedings against
such persons for fraudulent use of the mard by Abu sandeep Platform and
any other unlawful acts or omissions in breach of these terms and
conditions. In the event of detection of any fraudulent or declined
transaction, prior to initiation of legal actions, we reserve the right to
immediately delete such account and dishonour all past and pending orders
without any liability. For the purpose of this clause, we shall owe no
liability for any refunds.
6. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
6.1 In your use of mard by Abu sandeep Platform , you may enter into
correspondence with, purchase goods and/or services from, or participate
in promotions of advertisers or members or sponsors of mard by Abu
sandeep Platform or access any other third-party website linked to the
mard by Abu sandeep Platform . Unless otherwise stated, any such
correspondence, advertisement, purchase or promotion, including the
delivery of and the payment for goods and/or services, and any other term,
condition, warranty or representation associated with such correspondence,
purchase or promotion, is solely between you and the applicable third
party. You agree that we have no liability, obligation or responsibility
for any such correspondence, purchase or promotion, access or usage of any
third-party website and the contract under such instances remains between
you and any such third party.
7. COPYRIGHTS IN RELIANCE CONTENT
7.1 The mard by Abu sandeep Platform contains material, including text,
graphics and sound, which is protected by copyright and/or other
intellectual property rights (“Reliance Content”). All copyright and other
intellectual property rights in the Reliance Content are either owned by
us or have been licensed to us by the owner(s) of those rights so that it
can use the Reliance Content as part of mard by Abu sandeep Platform .
We retain copyright on all Information, including text, graphics and sound
and all trademarks displayed on the mard by Abu sandeep Platform are
either owned by or licensed to us.
7.2 You may use and display the Reliance Content on your personal computer
only for your personal use subject to the grant of a limited, revocable,
personal, non-exclusive and non-transferable license to you by us when you
register on the mard by Abu sandeep Platform , only for identifying
Products, carrying out purchases of Products and processing returns and
refunds in accordance with our Return and Refund Policy and for using and
printing copies of the information on the mard by Abu sandeep Platform
for your personal use and store the files on your computer for personal
use only and not for business purposes.
7.3 You may not: (a) copy (whether by printing off onto paper, storing on
disk, downloading or in any other way), distribute (including distributing
copies), download, display, perform, reproduce, distribute, modify, edit,
alter, enhance, broadcast or tamper within any way or otherwise use any
Reliance Content contained in the mard by Abu sandeep Platform . These
restrictions apply in relation to all or part of the Reliance Content
available on the mard by Abu sandeep Platform ; (b) copy and distribute
the Information on any other server, or modify or re-use text or graphics
on this system or another system; (c) reproduce any part of the mard by
Abu sandeep Platform or sell or distribute the same for commercial gain
nor shall it be modified or incorporated in any other work, publication or
web site, whether in hard copy or electronic format, including postings to
any other web site; (d) remove any copyright, trademark or other
intellectual property notices contained in the original material from any
material copied or printed off from mard by Abu sandeep Platform ; or
(e) link any other material to the mard by Abu sandeep Platform ,
without our express written consent.
7.4 The license granted to you does not include a license for: (a) resale
of Products or commercial use of the mard by Abu sandeep Platform or
Reliance Content, (b) any collection and use of product listings,
description, or prices, (c) any use of mard by Abu sandeep Platform ,
the Services and/or of Reliance Content other than as contemplated in
these Terms of Use, (d) any downloading or copying of login credentials of
user, (e) any use of data mining, robots, or similar data gathering and
extraction tools to extract (whether once or many times) any parts of
mard by Abu sandeep Platform , and (f) creating and/ or publishing your
own database that features parts of the mard by Abu sandeep Platform .
7.5 If you believe that your intellectual property rights have been used
in a way that raises concerns of infringement, please write to us at
[email protected] and let us know of your concerns.
8. TRADEMARKS
All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
9. LICENSE AND USE OF YOUR CONTENT
9.1 You grant to us a royalty-free, perpetual, irrevocable, non-exclusive
right and license to adopt, publish, reproduce, disseminate, transmit,
distribute, copy, use, create derivative works from, display worldwide, or
act on any material posted by you on the mard by Abu sandeep Platform
without additional approval or consideration in any form, media, or
technology now known or later developed, for the full term of any rights
that may exist in such content, and you waive any claim over all feedback,
comments, ideas or suggestions or any other content provided through or on
the mard by Abu sandeep Platform . You agree to perform all further acts
necessary to perfect any of the above rights granted by you to us,
including the execution of deeds and documents, at its request.
9.2 You agree that we do not routinely monitor your postings on mard by
Abu sandeep Platform but reserves the right to do so. However, if we
become aware of inappropriate use of the mard by Abu sandeep Platform or
any of its Services, we will respond in any way that, in its sole
discretion, we deem appropriate. You acknowledge that we will have the
right to report to law enforcement authorities of any actions that may be
considered illegal, as well as any information it receives of such illegal
conduct. When requested, we will co-operate fully with law enforcement
agencies in any investigation of alleged illegal activity on the internet.
9.3 Submissions and unauthorised use of any materials contained on the
mard by Abu sandeep Platform may violate copyright laws, trademark laws,
the laws of privacy and publicity, certain communications statutes and
regulations and other applicable laws and regulations. You alone are
responsible for your actions or the actions of any person using your
username and/or password. As such, you shall indemnify and hold us and our
officers, directors, employees, affiliates, agents, licensors, and
business partners harmless from and against any and all loss, costs,
damages, liabilities, and expenses (including attorneys' fees) incurred in
relation to, arising from, or for the purpose of avoiding, any claim or
demand from a third party that your use of the mard by Abu sandeep
Platform or the use of the mard by Abu sandeep Platform by any person
using your user name and/or password (including without limitation your
participation in the posting areas or your Submissions) violates any
applicable law or regulation, or the rights of any third party.
9.4 We reserve the right to terminate access to this mard by Abu sandeep
Platform at any time and without notice. Further this limited license
terminates automatically, without notice to you, if you breach any of
these Terms of Use. Upon termination, you must immediately destroy any
downloaded and printed materials. Any provision of the Terms of Use which
imposes an obligation or creates a right that by its nature will be valid
after termination or expiration of the Terms of Use shall survive the
termination or expiration of the Terms of Use.
10. USER WARRANTIES AND RESTRICTIONS
10.1 You represent and warrant that: (a) your use of mard by Abu sandeep
Platform and/or Services will not violate any applicable law or
regulation; (b) all information that is submitted to us in connection with
mard by Abu sandeep Platform and/or Services is true, accurate and
lawful; (c) use of the content and material you supply does not breach any
applicable Agreement and will not cause injury to any person or entity
(including that the content or material is not defamatory). If at any
time, the information provided by you is found to be false or inaccurate,
we will have the right to reject registration, cancel all orders, and
restrict you from using the Services and other affiliated services in the
future without any prior intimation whatsoever. You agree to indemnify us
and our affiliates for all claims brought by a third party against it or
its affiliates arising out of or in connection with a breach of any of
these warranties.
10.2 You will use mard by Abu sandeep Platform for lawful purposes only
and will not undertake any activity that is harmful to mard by Abu
sandeep Platform or its content or otherwise not envisaged through the
mard by Abu sandeep Platform . You have a limited license to access and
use mard by Abu sandeep Platform , solely for the purpose of availing
the Services, subject to these Terms of Use.
10.3 You will not do any of the following:
10.3.1 Delete or modify any content on mard by Abu sandeep Platform ,
such as any information regarding the Services, their performance, sales
or pricing;
10.3.2 Use any engine, software, tool, agent or other mechanism (such as
spiders, robots, avatars, worms, time bombs etc.) to navigate or search
mard by Abu sandeep Platform ;
10.3.3 Make false or malicious statements against the Services, mard by
Abu sandeep Platform or us;
10.3.4 Post, copy, submit, upload, distribute, or otherwise transmit or
make available any software or other computer files that contain a virus
or other harmful component, or otherwise disrupt or damage mard by Abu
sandeep Platform and/or Services or any connected network, or otherwise
interfere with any person or entity’s use or enjoyment of mard by Abu
sandeep Platform and/or the Services;
10.3.5 Introduce any trojans, viruses, any other malicious software, any
bots or scrape mard by Abu sandeep Platform for any information;
10.3.6 Probe, scan, or test the vulnerability of any system, security or
authentication measures implemented by us or otherwise tamper or attempt
to tamper with our technological design and architecture;
10.3.7 Hack into or introduce malicious software of any kind onto mard
by Abu sandeep Platform ;
10.3.8 Gain unauthorized access to, or interfere with, or damage, or
disrupt the server on which the details connected to the Services are
stored, or any other server, computer, or database connected to the
Services; or
10.3.9 Engage in any form of antisocial, disruptive, or destructive acts,
including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and
“griefing” as those terms are commonly understood and used on the
internet.
10.4 You are prohibited from hosting, displaying, uploading, modifying,
publishing, transmitting, updating or sharing on or through mard by Abu
sandeep Platform , any information that:
10.4.1 belongs to another person and to which you do not have any right;
10.4.2 is harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, invasive of another’s privacy, hateful,
relating to or encouraging money laundering or gambling, or otherwise
harmful in any manner whatsoever;
10.4.3 harms minors in any way;
10.4.4 infringes any patent, trademark, copyright or other proprietary
rights;
10.4.5 violates any law for the time being in force;
10.4.6 deceives or misleads the addressee about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature;
10.4.7 impersonates or defames another person; or
10.4.8 contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer resource.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of mard by Abu sandeep Platform or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. APPLICABLE LAW AND JURISDICTION:
These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the mard by Abu sandeep Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.
13. GRIEVANCE OFFICER:
In accordance with the applicable law, any grievances which you may have
with respect to the information shared by you with us hereunder and its
treatment or any grievance related to Services being availed hereunder,
may be directed by you to such grievance officer at
[email protected] or at the below mentioned
coordinate:
Name: Saudamini Mattu
Designation: Grievance Officer
Email Address: [email protected]
14. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
15. WAIVER
No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
16. SEVERABILITY
If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
17. AMENDMENT
These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on mard by Abu sandeep Platform . You relationship with the mard by Abu sandeep Platform will be governed by the most current version of these Terms of Use, as published on mard by Abu sandeep Platform .
18. MISCELLANEOUS
18.1 In addition to these Terms of Use, you will also ensure that you are
in compliance with the terms and conditions of the third parties, such as
bank offers terms and conditions, brand promotional offers, whose links,
if any, are contained/embedded in the Services. You agree that we will not
be liable for any transaction between itself and any such third parties.
18.2 These Terms of Use supersede all previous oral and written terms and
conditions (if any) communicated to you by us, for the use of mard by
Abu sandeep Platform , and the rights and liabilities with respect to any
Services to be provided by us shall be limited to the scope of these Terms
of Use.
NODAL OFFICER
Name: Anmol Arora
Designation: Nodal Officer
Email Address: [email protected]
PART B – TERMS AND CONDITIONS OF SALE ON mard BY ABU SANDEEP PLATFORM
The terms and conditions of sale as set out herein (“Terms of Sale”)
constitute an agreement between us and you and govern the terms and
conditions on which you purchase your Products from us on or through the
mard by Abu sandeep Platform . By placing an order for any Product with
us or making a purchase of Product, you expressly agree to be bound by
these Terms of Sale.
These Terms of Sale are in addition to the Agreement. These Terms of Sale
constitute an electronic record within the meaning of the applicable law.
This electronic record is generated by a computer system and does not
require any physical or digital signatures.
1. OUR CONTRACT OF SALE
1.1 Listing and display of a Product by us on mard by Abu sandeep
Platform is our invitation to you to make an offer for purchase of such
Product. Likewise, the placement of an order on mard by Abu sandeep
Platform by you is your offer to buy the Product(s) from us.
1.2 Once you have placed an order with us for purchase of a Product, you
will receive an e-mail and/or mobile confirming receipt of your order and
containing the details of your order (the “Order Confirmation”). The Order
Confirmation is merely an acknowledgement that we have received your order
and does not signify our acceptance of your offer.
1.3 We only accept your offer and conclude the contract of sale for a
Product ordered by you, when the Product is shipped or dispatched to you
and an e-mail and/or registered mobile number confirmation is sent to you
that the Product has been shipped or dispatched to you (the
“Shipment
Confirmation”)
. We reserve the right, at our sole discretion, to refuse or
cancel any order for any reason whatsoever before sending Shipment
Confirmation to you.
1.4 If your order is dispatched in more than one package, you may receive
separate Shipment Confirmations for each package, and each Shipment
Confirmation and corresponding dispatch will conclude a separate contract
of sale between you and us for the Product(s) specified in that Shipment
Confirmation.
1.5 Any communication from us shall be sent only to your registered mobile
number and/or email address or such other contact number or email address
that you may designate, for any particular transaction. You shall be
solely responsible to update your registered mobile number and/or email
address on the mard by Abu sandeep Platform in the event there is a
change. Further, we may also send you notifications and reminders with
respect to scheduled deliveries of the purchased Products. While we shall
make every endeavour to share prompt reminders and notifications relating
to the delivery of purchased Product(s) with you, we shall not be held
liable for any failure to send such notifications or reminders to you.
1.6 Your contract is with us and you confirm that the Product(s) ordered
by you are purchased for your internal / personal purpose and not for
re-sale or business purpose. Please note that we sell Products only in
quantities which correspond to the usual requirements of an average
household. This applies both to the number of Products ordered within a
single order and the placing of several orders for the same Product where
the individual orders comprise a quantity typical for a normal household.
1.7 All orders placed on mard by Abu sandeep Platform are subject to the
availability of such Product, our acceptance of your offer as per the
above and your continued adherence to these Terms of Sale. 1.8 You hereby
authorise us to declare and provide declarations to any governmental
authority on request on your behalf, including that the Products ordered
by you are for personal, non-commercial use.
2. RETURN AND REFUND
Please review the Returns Policy and Refund Policy of mard by Abu sandeep Platform , which applies to Products sold by us.
3.PRODUCT AVAILABILITY
We list availability information for the Products on the relevant webpage of mard by Abu sandeep Platform . Beyond what we say on that webpage or otherwise on mard by Abu sandeep Platform , we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.
4. PRODUCT PRICING
4.1 All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes. 4.2 Products in your shopping cart of mard by Abu sandeep Platform will reflect the most recent price as displayed on the Product’s information webpage on mard by Abu sandeep Platform . Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
5. LICENSES
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
6. TAXES
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
7. ELIGIBILITY
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use mard by Abu sandeep Platform and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on mard by Abu sandeep Platform only with the involvement of a parent or guardian.
8. LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
9. AMENDMENTS
We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.
11. WAIVER
No provision in these Terms of Sale will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
12. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Mumbai.
13. MISCELLANEOUS
13.1 In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use. 13.2 These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of Product.