TERMS AND CONDITIONS
The given document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions about electronic records in various statutes under applicable Indian laws. This record has been electronically generated and is needless of digital or physical signatures.
Being a published document, this shall be defined as per the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publication of the rules and regulations, privacy policy and user agreement for access or usage of the www.abchauz.com website.
USE OF SOME PARTICULAR TERMS
The terms used as "We" / "Us" / "Our" / ”Company” / “Platform” refer to ABCHAUZ and the terms ”User” / "You" / "Your" / "Visitor" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User of the Website, or who has used the Website without becoming a Registered User, and, in both the cases, accepted this User Agreement.
USER AGREEMENT
Using www.ABCHAUZ.com and all the web pages, hyperlinks, tools and services provided referred to as 'the Website' is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. The said User Agreement will come to effect upon the user visiting or using the Website or upon your registration or upon providing any information by you on the Website.
A Registered User is the one who has allocated himself a unique identification user name ("User ID" and "Password") to become a Registered User. Being a Registered User, this User Agreement shall be effective and binding upon your 'consent'. "Consent" shall mean your affirmatory action of clicking on the 'check box' or on the ‘continue’ button or any affirmative action as provided on the registration page or using or accessing the Website by logging in through your third party website in any manner, with or without using your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘checkbox' or on the ‘continue’ button or any other button and do not seek to obtain access to or otherwise use the Website.
AMENDMENTS TO THE USER AGREEMENT
The business, any of its business divisions and/or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions because they are binding on all users of this Website.
USE OF CONTENT
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned or used under licence by the business or its associate entities who feature on this Website. The use of these properties or any other content on this site except as provided in these terms and conditions or in the site is strictly prohibited.
DISCLAIMERS
For the platform providing any services on the website, the following disclaimers are necessary to ascertain any relationship between you and the platform, which are as follows:
The Platform, its associates, affiliates and service providers and technology partners render no Warranties or representations about the accuracy, reliability, completeness, and timeliness of any content or information/declarations provided by the merchants for their products in compliance with the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website will be error-free and/or uninterrupted.
Platform and its suppliers, affiliates and service providers provide the Website and services on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
The Platform does not guarantee, warranty or provide any assurance with respect to any goods or services, user behaviour, prudish mannerism, and others. Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide you necessary information (subject to the Privacy Policy and applicable laws) for you to deal with other users of the website (including the sellers listed on the website) with respect to any dispute.The Website is only a venue where users may meet and interact with one another for their transactions. The platform is not and cannot be a party to or control in any manner any transaction between two users of the Website.
In conformity with the provisions of the Foreign Exchange Management Act, 1993, and applicable, laws, The platform may provide certain support services to facilitate the transactions between users of the websites and such independent services may include listing management, warehousing services, logistics services, making available courier services, and making available certain gems and jewellery certification services, and payment facilitation through a nodal bank(s) under applicable laws, you understand, agree and acknowledge that platform will engage independent third-party service providers to perform these services. The platform may on a reasonable efforts basis procure ordinary industry standards warranted from these third parties.
ELIGIBILITY OF MEMBERS
Usage of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the ABCHAUZ website and shall not transact on or use the website. As a minor, if you wish to use or transact on the website, such use or transaction may be made by your legal guardian or parents on the Website. ABCHAUZ reserves the right to terminate your membership or refuse to provide you with access to the Website if it is brought to ABCHAUZ'S notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
You being a registered user 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, we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, We shall have the right to indefinitely, suspend, terminate or block access of your membership on the Website and refuse to provide you any access to the Website.
ELECTRONIC COMMUNICATIONS
When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable and you consent to receive communications via electronic records from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.
CHARGES
Membership on the website is free for buyers. ABCHAUZ reserves the right to change its Fee Policy from time to time. In particular, there may be new services and modify some or all of the existing services offered on the Website. In such an event we reserve the right to introduce fees for the new services offered or may amend/introduce fees for existing services, as the case may be. 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. You shall be solely responsible for compliance with all applicable laws including those in India for making payments.
TAXES
You are responsible for paying all fees (if any) associated with the use of the website and you agree to bear any applicable taxes, charges, cesses etc. levied thereon.
WEBSITE USAGE
You understand and agree that the platform and the Website merely provide services to its Registered Users and persons browsing/visiting the website. All items advertised/listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third party user-generated content and material. The Platform does not originate nor initiate the transmission, nor does it select the sender and receiver of the transmission, nor selects or modify the information contained in the transmission. The platform has no control over third-party user-generated content.
You are solely responsible for your information, and the platform and the website act only as a passive conduit for your online distribution and publication of your information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
Belongs to another person and to which You do not have any right.
Harm minors in any way.
Is false, inaccurate or misleading.
Impersonates another person.
Violates any law for the time being in force.
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 items.
Is grossly harmful, defamatory, obscene, pornographic, harassing, blasphemous, 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.
Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
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 the value of, surreptitiously intercept or expropriate any system, data or personal information
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.
You shall not create liability for the platform or cause the platform to lose or disrupt (whole or part) the services of our service providers or other suppliers.
You 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.
You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules thereunder.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic devices, 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.
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 any server, computer, network, or any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
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 the 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 information, as provided for by the Website.
You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by us including the terms ABCHAUZ, ABZHAUZ.com or otherwise engage in any conduct or action that might tarnish the image or reputation, of ABCHAUZ or sellers on the platform or otherwise tarnish or dilute any ABCHAUZ'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 ABCHAUZ’s systems or networks, or any systems or networks connected to us.
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.
You may not forge headers or otherwise manipulate identifiers to disguise the origin of any message or transmittal You send to Us 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.
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 ABCHAUZ and/or others.
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.
Solely to enable us to use the information you supply Us with so that we are not violating any rights You might have in your Information, you agree to grant us 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, concerning your Information. We will only use your information following the Terms of Use and Privacy Policy applicable to the use of the Website.
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 to mislead other users in any manner.
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 emails to other users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent.
We reserve the right, but have no obligation, to monitor the materials posted on the Website. 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 material you post on the website and in your private messages. Please be advised that such content posted does not necessarily reflect our views. In no event, we shall assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the ABCHAUZ 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 vilifying, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
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 is also 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 do not approve of such unauthorized use, 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.
PAYMENT FACILITY
The platform may from time to time contract with third-party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery, demand draft/pay, Unified Payment Interface(UPI), order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
You, as a Buyer, may agree on electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch/Delivery time/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
For electronics payments, refunds shall be made through a payment facility using NEFT/RTGS or any other online banking/electronic funds transfer system approved by Reserve Bank India (RBI).
ABCHAUZ reserves the right to impose limits on the number of Transactions or Transaction Price which we 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 or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
ABCHAUZ may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if ABCHAUZ deems suspicious or for Buyers conducting high transaction volumes to ensure the safety of the Transaction and Transaction Price. In addition, ABCHAUZ may hold Transaction Price and may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
COMPLIANCE WITH LAWS
The Buyer must comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder 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 thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, Export Import-Export Policy of the government of India) applicable to them respectively for using Payment Facility and Brick2wall Website.
INDEMNITY
You shall indemnify and hold harmless ABCHAUZ, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, partners, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
BREACH
Without limiting other rights and remedies, the platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
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If you breach the User Agreement or any terms or policies of the Website.
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If your actions may cause legal liability for you, other users or Platform.
The platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to the platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
TRADEMARK, COPYRIGHT AND RESTRICTION
This site is controlled and operated by ABCHAUZ. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. Materials on the website are 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 in doing so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment 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. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for this clause.
EMAIL ABUSE & THREAT POLICY
ABCHAUZ does not regulate private communication, including email correspondence. Users are expected to maintain professionalism, courteousness and respectfulness when communicating by email. However, ABCHAUZ will investigate and can take action on certain types of unwanted emails that violate ABCHAUZ policies.
ARBITRATION
If any dispute arises between you and Platform during your use of the website or your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
ABCHAUZ – GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under and the Consumer Protection Act,2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and the contact details of the Grievance Officer are provided below:
Sujeesh VT
ABCHAUZ,
1st Floor, Geo Infopark,
Plot 16 KINFRA Park,
Infopark Campus (13.75 km)
682042 Kochi, Kerala, India
+91 7034776060
Email id - abchauzdigital@gmail.com
Further for any product or services related complaint or query, please contact Sujeesh VT (Grievance Officer). To register your complaint or query, click here.