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TERMS AND CONDITIONS

 

GENERAL

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. 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 Terms of Use for access or usage of www.adhyadesign.in

 

  1. The domain name www.adhyadesign.in (hereinafter referred as The Website) is owned by Adhya Designs Private Limited (hereinafter referred as Adhya) having its registered office at Plot No 124, IMT Sector 68, FARIDABAD HARYANA 121004

  2. For the purpose of these Terms of Use, wherever the context so requires "you" or "user" shall mean any natural or legal person who has agreed to become a buyer on the Website and ordering the goods and services available on the Website by providing registration data while registering on the Website. The site also providing its services without registration does not absolve you of this contractual relationship. The headings of each Section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.

  3. The use of this Website by you is governed by this policy and other policies attached to the website. Moving past home page or using any of the services shall be taken to mean that you have read and agreed to be bound by all of the policies. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into these Terms of Use and shall be considered as part of the same.

  4. We hold the sole right to modify the terms of service without prior permission from you or informing you. The relationship creates a duty on you to periodically check the terms and stay updated on its requirements. If you continue to use the website following such a change, it is deemed as consent by you to the amended policies. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Adhya’s Policies (including but not limited to Privacy Policy, Return and Shipping Policy; available at www.adhyadesign.in) as amended from time to time.

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ABOUT US

 

We manufacture and sell home products, collect payments and deliver the products at the doorstep of the user. Any order placed by you is subject to product availability, delivery capacity and acceptance by Adhya.

 

MEMBERSHIP

 

Use of this Website is only available to those above the age of 18. If you are a minor and wish to use the Website, you may do so through your legal guardian and the Website reserves the right to cancel your order on knowledge of you being a minor and having registered on the website or availing any of its services without a legal guardian.

 

YOUR REGISTRATION OBLIGATIONS

 

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.

 

COMMUNICATION

 

You are required to provide Adhya with your e-mail and/or mobile number, while placing your order through this Website. By using this Website, it is deemed that you have consented to receiving calls, auto dailed and/or pre-recorded message calls, from us at any time with the use of the number that has been provided by you for the use of this Website which are subject to the Privacy Policy. This includes contacting you through information received through other parties. The use of this website is also your consent to receive SMS from us at any time we deem fit. This consent to be contacted is for purposes that include and is not limited to clarification calls and marketing and promotional calls. In case you wish to stop the same, you may send us an email at dhruv@adhyadesign.com. You may also be contacted by service providers or third party through SMS or calls; with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by us. The sharing of the information provided by you will be governed by the Privacy Policy and we will not give out such contact information of yours to third parties not connected with the Website.

 

TRANSACTION AND COMMUNICATION

 

The Website is a platform that users utilize to meet and interact with one another for their transactions. Adhya is not and cannot be a party to or control in any manner any transaction between the Website’s users to browse through the variety of products available for sale/export. The transactions between Adhya and the users shall be kept confidential.

 

DISPUTE RESOLUTION

 

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the Courts located at FARIDABAD, and you hereby submit to the jurisdiction of such Courts.

 

AGREEMENT

  • All commercial/contractual terms are offered by and agreed to between you and Adhya. The commercial/contractual terms include price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.

 

  • The Website is only a platform that can be utilized by Users to reach a larger base to buy products or services. www.adhyadesign.in is only providing a platform for selling the products traded by Adhya Designs Private Limited.

 

  • Adhya is not responsible for delays as a result of products which are out of stock, unavailable or back ordered. You shall agree upon the manner and terms and conditions of delivery, payment, insurance etc.

 

Disclaimer: Pricing on any product(s) as is reflected on the Website may be incorrectly reflected due to some technical issue, typographical error or product information published and in such an event Adhya may cancel such order(s).

 

  • Refund shall be made through the original payment mode. Once, we receive the refund request, we shall process the refund within 7-10 business days. We have all the right to block the user, if the user makes false order/s.

 

CHARGES

 

Membership on the Website is free for buyers. Adhya does not charge any fee for browsing on the Website. Adhya reserves the right to change its fee policy from time to time. In particular, Adhya may at its sole discretion introduce new products/services and modify some or all of the existing products/services offered on the Website. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

 

USER OBLIGATIONS

 

You are a restricted user of this website. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.

 

You agree not to access (or attempt to access) the Website and/or the materials or services by any means other than through the interface that is provided by the Website. The use of deep-link, 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 Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is specifically banned. You acknowledge and agree that by accessing or using the Website or services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, you may report such allegedly offensive content.

 

In places where this website allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to:

 

  • Abuse, harass, threaten, defame, delude, erode, abrogate, demean or otherwise violate the legal rights of others;

 

  • Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);

 

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

  • Publish, post, disseminate, any information which 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 or unlawfully threatening or unlawfully harassing.

 

  • Post any file that infringes the copyright, patent or trademark of other legal entities.

  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website/Application or another's computer;

 

  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, or 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, the Website, or any other customer of the website, including any website account not owned by you, to its source; or exploit the Website or service or information made available or offered by or through the Website, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Website;

 

  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;

 

  • Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.

 

  • Use the Website or any material or 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 this website or other third parties;

 

  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular service;

 

  • Violate any applicable laws or regulations for the time being in force within or outside India;

 

  • Violate the Terms of Use including but not limited to any applicable additional terms of the Website contained herein or elsewhere;

 

  • Create liability for us or cause us to loose (in whole or in part) the services of our internet service provider ("ISP's") or other suppliers;

 

  •  Multiple accounts are not allowed on the application. Result of such activity is all irrevocable account suspension. 

 

  •  Our payment methods can be changed anytime without any notification

 

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 without our prior explicit consent.

 

We can (and you hereby expressly authorise 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 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. In no event shall Adhya 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 the 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, tortuous, or otherwise unlawful information.

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CONTENT POSTED ON THE SITE

 

Adhya is liable only for the contents posted by it on the Website and holds no responsibility for any other content posted by any user or third party. Content(s) if posted by anyone other than Adhya, that party shall solely be liable for such content(s).

 

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Adhya’s express prior written consent.

 

You may use information on the products and services purposely made available on the Website for downloading, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

 

PRIVACY

 

We view protection of your privacy as a very important principle. We understand clearly that you and your personal information is one of our most important assets. Our current Privacy Policy is available under Privacy Policy section of the website. If you object to your Information being transferred or used in this way please do not use this Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

 

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our services, to comply with our legal obligations, to enforce our user Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

 

We may disclose personal information, if required to do so by law or in the good faith believe that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to.

 

We will share some of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to your personal information.

 

DISCLAIMER OF LIABILITIES AND WARRANTIES

 

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Adhya does not warrant that:

  • This Website will be constantly available, or available at all; or

  • The information on this Website is complete, true, accurate or non-misleading.

 

Adhya will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Adhya does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from us are free of viruses or other harmful components.

 

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the products sold on Website are governed by different state laws and if Adhya is unable to deliver such products due to implications of different state laws, it  will return or will give credit for the amount (if any) received in advance by Adhya from the sale of such product that could not be delivered to you.

 

You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.

 

PAYMENT

 

While availing any of the payment method/s available on the Website, Adhya will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s, or

  2. Exceeding the preset limit mutually agreed by you and between "Bank/s", or

  3. Any payment issues arising out of the transaction, or

  4. Decline of transaction for any other reason/s

 

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.

 

Before shipping/delivering your order to you, we 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.

 

further:

  1. Use of the payment facility shall not render Adhya liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.

  2. You have specifically authorised Adhya or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically to and from other users in respect of transactions through Payment Facility.

  3. You understand, accept and agree that the payment facility provided by Adhya is neither a banking nor financial service but is merely a facilitator providing an automated online electronic payment and remittance facility for the Transactions on the Adhya Website using the existing authorised banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Adhya is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

 

Payment Facility for Buyers:

  • You, as a buyer, understand that upon initiating a Transaction you are entering into a legally binding and enforceable contract with Adhya to purchase the products and /or services from Adhya  using the payment facility, and you shall pay the Transaction Price through your Issuing bank using payment facility.

  • refund, if any, shall be made at the same issuing bank from where Transaction Price was received. Adhya does not guarantee the refund in the time frame mentioned in Shipping and Return Policy. 

  • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

 

Adhya reserves the right to impose limits on the number of Transactions or Transaction Price which it 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 authorised by Reserve Bank of India and reserves the right to refuse to process transactions exceeding such limit.

 

Adhya reserves the right to refuse to process Transactions by buyers with a prior history of questionable charges.

 

The buyer acknowledges that Adhya will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction or any delay in processing a Transaction which is beyond control of Adhya.

 

Compliance with Laws:

 

Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India).

 

DELIVERY

 

Adhya endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the Shipping and return policy and/or on purchase of the product. In no manner can the contract be repudiated if Adhya fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, Adhya may at its discretion charge you for additional shipping cost.

 

LOSS IN TRANSIT

 

Adhya shall make all endeavours to deliver defect free products to the purchasers. Adhya does not take title to any returned items purchased by the user unless the item is received by Adhya. Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to Adhya within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.

Payment gateway charges are deductible when refund is innitiated.

Adhya holds the sole discretion to determine whether a refund can be issued. For further information please read our Shipping and Return Policy.

 

DATA PROVIDED BY US

 

From time to time, our team may post comments or articles. These articles are the Intellectual Property of Adhya and you are prohibited from posting, re producing, publishing, changing, editing such articles. In case that you have a problem with any article so posted, you may report the same via mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.

 

We take utmost care to ensure that data provided at our Website is true and accurate. Sometimes, system errors creep in and data generated by other users may be false. We are not responsible for any such data.

 

We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.

 

From time to time, our Website will have external links connected to other websites. We in no way endorse these websites. We are in no way liable for the information found on those websites. External websites may have their own policies and we in no way are responsible for any loss or damage cause by the same to you. You are advised to use your own risk.

 

TRADEMARK, COPYRIGHT AND RESTRICTIONS

 

This site is controlled and operated by Adhya Designs Private Limited. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. 

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INDEMNITY

 

You agree to defend, indemnify, and hold ADHYA harmless, along with its affiliates, directors, employees, agents, service providers, suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt and expenses arising from:

  • Your use of and access to the website and/or the service;

  • Your violation of any term of these Terms; or

  • Your violation of any third party right, including without limitation any copyright, trademark, trade secret, or other property, or privacy right; or

  • Any claim that your content caused damage to a third party

 

Adhya offers food safe materials but is not liable for any damages.  

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TERMINATION AND LIMITATION OF SERVICES

 

You acknowledge and agree that ADHYA may establish limits from time to time concerning use of the service including among others, the maximum number of days that content will be maintained or retained by the service, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the service, and the frequency with which you may access the service or the website. You acknowledge and agree that ADHYA has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the website or the service. You acknowledge and agree that ADHYA in its sole and absolute discretion, has the right (but not an obligation) to delete, or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the services Immediately and without notice and remove and discard any content within the service, for any reason or no reason at all, including without limitation, if ADHYA believes that you have violated these Terms.

 

FORCE MAJEURE

 

In the event of a force majeure act or upon the outbreak of certain natural and/or man-made calamity such as earthquake, war, riots, epidemics etc. the parties may be absolved of their responsibilities as warranted under these terms. Should the force majeure event permanently absolve a party of any of its responsibilities under these terms, the accounts and dues shall be settled.

 

CONTACT

 

If you have any issue to report with respect to the website or the service/order, you can contact us –

 

NAME – Dhruv Tyagi

Designation – Secondary Head – Operations 

EMAIL – dhruv@adhyadesigns.com

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