User Terms and Conditions– aardra.in
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User Terms AND CONdiTIONS

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as 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.

The domain name https://aardra.in (hereinafter referred to as the website or application) is owned by Aardra, a proprietorship concern having its office at 1190, 47 Cross, 36 Main, Poorna Prajna Layout, Bangalore, Karnataka, India, Pin code 560061 (hereinafter referred to as “Aardra”). Your use of website or application developed, managed and operated by Aardra ("us", "we", Company or "our") are governed by these terms and conditions ("Terms"). These Terms apply to all visitors, users and others who access or use the Application and Service. By accessing or using the Website and Service you agree to be bound by these Terms including the policies of the Company as may be updated from time to time. If you disagree with any part of these Terms, then you may not access the Website, Application and Services of the Company. The Company offers the sale of goods and services through the website or application which are listed on the website or application for price mentioned therein and your purchase of goods or services are subject to other policies of the Company.

The term “you/ your” or “User” refers to the user of Website, Application and Service offered commercially by the Company.

For the purposes of these Terms, You and Company shall individually be known as “Party” and collectively be known as the “Parties”.

1. DEFINITIONS:

  • “Applicable Law” shall mean any statutes, laws, regulations, ordinances, rules, judgments, orders, decrees, by-laws, approval from the concerned authority, government resolution, orders, directives, guidelines, policy, requirement, or other governmental restriction or any similar form of decision of, or determination by, or any interpretation or adjudication having the force of law of any of the foregoing, by any concerned authority having jurisdiction over the matter in question;
  • “Store” shall mean website or application developed, managed and hosted at the domain https://aardra.in by the Company to display its goods and services which are offered for sale at price;
  • “Services” shall mean supply of goods or services by Company to the Users at Store;

 

2. USER ELIGIBILITY:

  • The Store is available only to the User who can form legally binding contracts under the Applicable Law.
  • The User must not be a minor as per Applicable Law i.e. User must be at least 18 (eighteen) years of age to be eligible to use the Store. In the event the User is a minor, it is assumed that such User’s use of the Store and these Terms have been agreed to by the legal guardian of the said User and that these Terms are legally binding on the User.
  • The User, while accessing or using the Store, must follow and abide by the Applicable Laws. In the event of the User being found to be not eligible as per the Applicable Laws, Company reserves the right to deny the access to Store and Services. Notwithstanding the foregoing, Company at all times reserves the right to deny the Services to the User.

3. COMMUNICATION:

  • When you use the Store or send emails or other data, information or communication to Us, you agree and understand that you are communicating with Us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by SMS (including transactional, promotional and/or commercial messages), email or by such other mode of communication, electronic or otherwise. We are not responsible for typographical errors. Pricing on any product(s) if not reflected as on the Store due to some technical issue, typographical error or product information published incorrectly, in such an event, we may cancel such order(s).
  • Electronic communications shall be deemed to have been received by you when we send the electronic communication to the email address/mobile number/details provided by you during the registration or accessing the Store as per our records, or when we post the electronic communication on the Store. You understand and agree that if We send you an electronic communication but You do not receive it because Your email address on record is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive electronic Communications, We shall be deemed to have provided the communication to You effectively. Please note that if You use a spam filter that blocks or re-routes emails from senders not listed in Your email address book, you must add Company to your email address book so that you will be able to view the Communications Company send to you.

4. CONSENT TO THE TERMS:

  • In order to use the full spectrum of the Services at Store, You need to provide Us with accurate and complete information. You are also required to keep your accounts and contact information complete and updated at all times. Any account found to contain incorrect and/or outdated information will be suspended. We reserve the right to cancel account when it deems it necessary.
  • By clicking on the tab/button/checkbox of “Accept” or any other tab/button/checkbox of similar nature, subject to providing any information mandatorily required by the Store, (i) You confirm your eligibility under Applicable Law to contract with Company, (ii) you accept these Terms, refund policy and the Privacy Policy as displayed on the Store including any policies of Company updated from time to time. You are allowed to use registered mobile number to make the payments towards Service, however it is your responsibility that you shall keep such mobile numbers linked with your bank account to enable UPI transactions, if any from Company Application. Company will not be liable for any such mismatch leading to your failure to access UPI transactions on Company Store. 
  • Company may ask for and store additional information to either extend more Services or even as an additional requirement for continuing the existing Service.

5. USER INFORMATION:

  • Company may collect User data including name, email-id, and contact details, biometric information etc. to facilitate the Service by creating a unique account of the User or by identifying the User by any means as deemed fit by the Company. The collection, verification, audit and maintenance of correct and updated User information is a continuous process and Company reserves the right, at any time, to take steps necessary to ensure User’s compliance with all relevant and applicable KYC requirements, if any.
  • It is assumed that all information provided by the User for accessing and using the Store is correct, accurate and up to date. The Company may verify the information that User have provided and choose to refuse the Service without providing reasons. Also, Company reserves the right to terminate its Service on account of misrepresentation of any information by the User.
  • Company may use the information collected from the Users for the following purposes;;
  1. Assist the law enforcement and respond to subpoenas.
  2. Compile anonymous statistical data and analysis for use internally or with third parties.
  3. Create and manage our account.
  4. Deliver targeted advertising, coupons, newsletters and promotions and other information regarding the Store to you.
  5. Email you regarding your account or order.
  6. Send details of the goods or services ordered including the details of shipping and delivery
  7. Notify you of updates to the website.
  8. Offer new products, services and/or recommendations to you.
  9. Perform other business activities as needed.
  10. To process payments and refunds.
  11. Request feedback and contact you about your use of the Store.
  12. Resolve disputes and troubleshoot problems.
  13. Respond to product and customer service requests.
  14. Send you a newsletter.
  • By using the Store and/or the Service, you agree to the use of your information in accordance with the Privacy Policy available on the Application and share the required information with Company business associates, advisors or consultants to offer You certain products, services or promotional information.

6. DISCLAIMER OF WARRANTIES:

  • On the Store, all the materials and products (including but not limited to software and application) and services, included on or otherwise made available to you through the Store 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, Company does not warrant that:
  • The Store will be constantly available or available at all;
  • The information on the Store is complete, true, accurate or non-misleading;
    • Company will not be liable for any damages of any kind arising from the use of the Store, including but not limited to direct, indirect, incidental, punitive, or consequential damages. 
    • Company shall not be liable for any delay / non-delivery of purchased goods or services, due to any reason beyond a reasonable control of the Company including flood, fire, wars or acts of God. All the prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Company and orders can be cancelled if the product goes out of stock.
    • Nothing on the Store shall constitute, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by applicable laws of India and in case we unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received from the sale of such Product that could not be delivered to you.

7. USAGE CONDITIONS:

  • Users agree to use the Store only for purposes that are permitted by a) these Terms and b) any Applicable Laws as amended from time to time and being in force.
  • By using the Store; You agree not to:
  • authorize others to use your account or the Service on your behalf;
  • assign or otherwise transfer Your account to any third person or legal entity;
  • impair the proper operation of the network and/or interfere with or disrupt the integrity or performance of the Store;
  • reverse engineer or access the Store in order to design or build a competitive product or service, design or build a product using similar ideas, features, functions or graphics of the Store;
  • launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Store;
  • try to harm the website or application in any way whatsoever;
  • disclose information designated as confidential by Company, without Company’s prior written consent; and
  • copy or distribute the Company content without written permission from Company.
    • You are solely responsible for any breach of your obligations under these Terms (including financial obligations) and for the consequences (including any loss or damage which Company may suffer) as a result any such breach.

8. MODIFICATIONS TO THE PRODUCTS AND PRICES:

  • Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the products (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products.

9. THIRD-PARTY LINKS:

  • Certain Services available at Store may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
  • We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. BILLING AND PAYMENT

  • There are several options available for making the payments to avail the Services such as credit cards, debit cards, cash on delivery. Through trusted payment gateway partners the payments are secured and payment gateway partners use secure encryption technology to keep your transaction details confidential at all times. However, the following points are needed to be kept in mind while using these payment options:
  1. You can use Visa, Master Card, Maestro Card, for making payments
    Debit cards, Credit Cards are accepted.
  2. While using your credit/debit card you can increase the protection of your cards by entering the CVV and 3-D secure password when making the payments.
  3. Do not share the CVV / 3-D secure password / OTP to anyone, and
  4. We never ask any password or OTP with respect to your transaction on the Store over phone or email.
    • During the payment process using net-banking you may be redirected to your bank website. Once your transaction is completed you will be brought back to the website with your order details which you can keep a copy of. Never press the browser back button when the transaction is still currently being done.
    • Transactions could fail due to multiple reasons. Please check for the Information passed on to payment gateway is accurate such as account details, billing address, password (for net banking). Please ensure your Internet connection is not disrupted in the process
    • If your account has been debited after a payment failure, it will be rolled back within 7 working days. Please direct all questions and further clarifications regarding the above statement to info@aardra.in.

11. ARRANGEMENT BETWEEN YOU AND THE PAYMENT GATEWAY:

  • All payments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between You and the respective and the payment gateway.
  • All online bank transfers from valid bank accounts are processed using the gateway provided by the third parties which support payment facility to provide these services to you. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between you and the third party.

12. FORCE MAJEURE

  • Any delay or failure to provide the Services or complete the obligations hereunder shall be excused if and to the extent caused by the occurrence of a Force Majeure. For the purposes of this Terms, “Force Majeure” shall mean a cause or event that is not reasonably foreseeable or not otherwise caused by or under the control of the Party claiming Force Majeure, including acts of God, pandemic, fires, floods, explosions, riots, wars, hurricane, epidemics, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, change in government, injunctions, labour strikes, internet outage, power outage, network failure, failure of components/cables/subsystems and other like events that are beyond the reasonable control of Company affected thereby, despite the Company's reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to the Company's failure to provide Service.

13. LIMITATION OF LIABILITY

  • It is agreed that Company and its affiliates, employees, directors, agents shall not be liable, for any direct, indirect, incidental, consequential, punitive damages (including, without limitation, lost profits, cost of procuring substitute service, loss of opportunity), or any peril to the life and limb, however caused to the User. In the event of any loss or damages caused to the User due to actions solely attributable to Company, the liability of the Company shall be limited to the consideration paid by the User in relation to access and use of the Service.

14. SEVERABILITY:

  • If any provision of this Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, then the remainder of this Terms shall remain in full force and effect. In the event any such provision previously held to be invalid, illegal, or unenforceable, is thereafter held by a court of competent jurisdiction to be valid, legal, or enforceable, then said provision shall automatically be revived and incorporated into this Terms.

15. GOVERNING LAW AND JURISDICTION:

  • This Agreement, all transactions executed hereunder, and the legal relations between the Parties shall be governed and construed solely in accordance with the laws of India and the courts of Bengaluru shall have exclusive jurisdiction.

16. TERMINATION:

  • These Terms are effective until terminated. Your rights under these Terms will terminate automatically without notice from Company if you fail to comply with these Terms. Upon termination of these Terms, you must cease all use of the Store. If you wish to terminate these Terms, you may discontinue the access and use of the Store.

17. INDEMNITY

  • User agrees to defend, indemnify and to hold harmless Company, its officers, agents, employees, from and against loss, damage, cost and expense of claims and suits seeking damage alleged to have been caused by or attributed to or arising directly or indirectly by User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity including the cost and expenses of handling said claims and defending said suits.
  • The right to indemnity of a Party under this shall be without prejudice to any other right or remedy that may be available to such Party under this Agreement / applicable Law or equity.

18. INTELLECTUAL PROPERTY RIGHTS

  • Intellectual Property Rights for the purpose of this Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights. All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Company as the owner of such domain name. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and Our control or control of its licensors, as the case may be.

19. CONTACT INFORMATION

  • Any Questions about the Terms and Conditions should be sent to us at below details including any grievance on the Services;

Email ID: info@aardra.in

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