Terms of Use of Aazacus.com

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and 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 website namely www.aazacus.com. These Terms being an electronic record are generated by a computer system and do not require any physical or digital signatures.

The domain name www.aazacus.com (hereinafter referred to as “Website”) is owned by M/s Gopalkrishna Ecommerce Pvt. Ltd. a company incorporated under the provisions of Companies Act, 2013 having its registered office at 608, NRK Biz Park Building, Plot No, 405, Scheme No. 54, Indore (M.P.) (hereinafter referred to as “Aazacus”).

By accessing the website or by availing any facilities/services provided through the website, you hereby expressly agree to the following Terms of Use (Terms & Condition) of the website.

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 by providing Registration Data while registering on the Website as Registered User. Aazacus allows the User to surf through its Website without registering on the Website. The term “We”“Us”“Our” shall mean Aazacus.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

We reserve the right, at Oursole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Yourresponsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that Youaccept and agree to the revisions. 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 UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Policies framed by Aazacus (including but not limited to Privacy Policy) as amended from time to time.


ELIGIBILITY FOR REGISTRATION

Use of the Website is available only to persons who can form legally binding contracts under the 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 Website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. On breach of provisions of Indian Contract Act, Aazacus reserves the right to suspend or terminate your registration or block you from accessing the services provided by Aazacus.


YOUR ACCOUNT AND 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 hereby 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 you from accessing the website.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Website through a onetime password (OTP) verification, which will be done by sending a Short Message Service (SMS) or through call.

You agree that Aazacus shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where You have failed to update Your revised mobile phone number and/or e-mail address on the Website or failed to protect the confidentiality of your Display Name and Password.

COMMUNICATIONS

When You use the Website 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 Our representatives periodically and as and when required. We may communicate with you by email or by such other mode of communication as may be determined by Aazacus.

ROLES AND RESPONSIBILITY OF AAZACUS

  1. Aazacus is only a platform by which Merchant is able to connect to a larger base to sell his product and the buyer/ customer is able to buy products. Aazacus is only providing a platform for communication and any contract of sale of the product shall be strictly bipartite agreement/ contract between the Merchant and the Buyer. It is made clear that Aazacusdoes not hold any right, title or interest over the products or have any obligation or liabilities in respect of the bipartite agreement/ contract entered by you with the Merchant/ Seller.

  2. The product(s) on which the Seller/Merchant allows GST billing would be mentioned by Aazacus. Any dispute with regard to mentioning of wrong GSTIN and other details subsequent to generation of GST Bill has to raised by the Buyer to the Merchant.

  3. Placement of order by a Buyer with Seller/ Merchant on the Website is an offer to buy the product(s) in the order by the Buyer to the Seller/ Merchant and it shall not be construed as Seller's/ Merchant’s acceptance of Buyer's offer to buy the product(s) ordered. The Seller/ Merchantretains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller/ Merchant,shall be refunded to the Buyer.

  4. Aazacus is not liable for any non-performance or breach of any contract entered by you with the Merchant/ Seller. Aazacus does not guarantee that the Seller/ Merchant will perform any transaction concluded on the Website. Aazacus will take appropriate steps to mediate the disputes between the Buyers and Sellers, if required, however Aazacus does not guarantee any positive outcome from such mediation.

  5. Aazacus does not at any point of time during any transaction between Buyer and Seller on the Website come into or take any possession of any of the product or services offered by the Seller/ Merchant nor does it at any point of time gain title or any rights or claims over the product or services offered by the Seller to the Buyer.

  6. At no point of time Aazacus shall be responsible for any delayed in performance of any obligation by the Seller/ Merchant nor shall be responsible for any unsatisfactory performance or damages in the product. If the product is damaged during shipment the same would either be exchanged or the amount would be refunded to you.

  7. Aazacus disclaims all liabilities with respect to any objectionable content on the Website, if any such content is found on the Website the same shall be brought to the notice of Aazacus and if in the investigation conducted by Aazacus it is found that the objection raised by you is genuine then such content would be deleted. It is made clear that objectionable content includes content which is in conflict with Intellectual property right of a third person, or such content which is in conflict with any law, or against the public morality or religious sentiment of a community.

  8. All text, graphics, user interface, visual interface, photographs, intellectual property rights, etc. are third party user generated content and Aazacus has no control over such third party user generated content as Aazacus is merely an intermediary. However, if any illegality or objection is brought to the knowledge of Aazacus the same would be investigated and if such illegality or objection is found to be true, then such content would be deleted from the website.

  9. You shall be able to download and access computer generated Invoice on the Website. Original signed invoice will be shipped alongwith the product. Copy of computer generated invoice will also be mailed to your registered email-id.

ROLES AND RESPONSIBILITY OF BUYER/ USER

  1. You are advised to verify the credentials of the contents uploaded by the Merchant/ Seller on the Website. Aazacus is not responsible for any irregularity or misrepresentation made by the Merchant/ Seller about its product on the website. Aazacus is merely a platform by which you are able to connect with the Merchant/ Seller.

  2. You shall provide proper GST details, in case you require a GST Invoice. Once the computer generated GST invoice is raised you are advised to go through the same and if any mistake or change is required to be made in the invoice it shall be intimated to the Merchant/Seller within 24 hours, after which no changes would be made in the Invoice. If you face any issue with regard to the input tax credit you are requested to raise the same with the Merchant/ Seller and Aazacus is not in any manner responsible for such issues.

  3. You hereby indemnify Aazacus and the respective Merchant / Seller against any liability with regard to evasion of tax on account of illegal claim of GST credits or against any attempt to participate in any tax evasion in any manner.

  4. You hereby affirm that all the information provided by you at the time of registration on the website are true and correct. If any changes are made in the same, it is required to modified/ updated.

  5. You hereby affirm that the shipping address provided by you is correct. If the shipping address is found to be incorrect or you fail to take delivery of the product, Aazacus reserves the right to suspend your account for indefinite period.

  6. You shall not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

  7. You shall not use any device or software which can affect the proper functioning of the Website in any manner.

  8. You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any services offered on or through this Website.

  9. You shall not post any comments/ review which are offensive in nature or hurts the sentiments of any community, religion, race, caste or are contrary to any law for the time being in force. Aazacus reserves the right to delete your comment and also block you from posting any further comments on the Website.

  10. You shall not use any intellectual property rights of Aazacuswithout obtaining any prior written consent, failing which appropriate legal proceedings will be initiated against you.

  11. You hereby authorise Us to use the information provided by You to Us in accordance with the Privacy Policy of the Website. Aazacus reserves the right to modify/amend/change the Privacy Policy without giving any prior notice to You.

  12. You shall not misbehave with the Delivery agent of the Logistic Partner of Aazacus, in case any such complaint is received Aazacus reserves the right to block you from accessing the Website.

  13. If You purchase any product of an amount equal to or more than Rs. 2,00,000/-, then You shall upload a self attested copy of your PAN (Permanent Account Number) card in such time as may be prescribed from the date of purchase, failing which Your order shall be automatically be cancelled. Your order would be also be automatically cancelled if there is any discrepancy in Your name in the Account and the name mentioned in Your PAN card.

PAYMENT METHODS

  1. We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net Banking, UPI (United Payment Interface), etc. The prepaid payment will be accepted through secured payment gateway services provided by a reputed payment gateway firm and You hereby agree with the terms and conditions of the Payment Gateway firm, which is available on the Website. Upon receipt of prepaid payment an SMS and an e-mail would be send to You confirming the receipt of Payment.

  2. We also accept payment through Cash on Delivery (COD), however the limit of Cash of Delivery transaction may vary based on Your PIN codes or the state where delivery is to be made. Aazacus reserves the right to withdraw or block or limit Your purchases using Cash on Delivery basis.

  3. While making prepaid payment through the Payment Gateway, sometime the Payment fails or remains in the pending stage. Some of the reasons for the same can be:-

    1. Incorrect Debit or Credit Card Details are entered.

    2. Card may be blocked or card details are no longer valid or need to be updated.

    3. Some technical difficulty on the side of Your Bank or Your Bank servers are under maintenance.

    4. The Page accidently closes or refreshed or backspace is pressed while the transaction is being processed by Your Bank.

    5. The connection between Aazacus and Your Bank or Issuer failed while the Transaction is being processed by Your Bank.

    6. Card or Bank or Issuer is not recognised by Aazacus.

    7. Incorrect details are filled by You.

    8. Payment exceeds the limit mutually agreed to between You and Your Bank.

  4. If you face any Payment difficulty, please try making Payment after sometime, or contact your Bank or Issuer for technical assistance. Aazacus is not liable for any loss or inconvenience caused to You when making payment or for any wrongful debits to Your cards or Your Net Banking Accounts or Your Bank Account.

  5. If the payment is credited in the Bank Account of Aazacus and the order has not been confirmed, then either the Order will be confirmed or You will receive the credit of the amount in the Bank Account through which the Payment was made.


RETURN POLICY

  1. The period of return of the product shall be seven (7) days from the date of delivery of the product. For the purpose of returning the product Aazacus should be intimated about the same within seven (7) days. Aazacus shall is not liable to accept the return of product after 7 days from the date of delivery of the product.

  2. Productshall be unused, in their original packaging along with the original price tags, labels, packing, barcodes, user manual, warranty card and invoices, accessories, freebies and original boxes defined as essentials; failing which return of the product will not take place. The returned product will be subject to the scrutiny of the Merchant/Seller and if it is found that the product is intentionally tampered by you then the amount received by Aazacus would be forfeited.

  3. You shall not be entitled for return of the product, if you have opened the product which is supposed to be installed by an authorised agent of Aazacus or the Merchant.

  4. Following Products shall not be eligible for return:

    1. Damages due to misuse of product.

    2. Any consumable/eatable/perishable items

    3. Any damage to the product which is not covered under Manufacturer’s warranty

    4. Products with tampered or missing serial/UPC number

    5. Products with missing price tags, labels, warranty card.

    6. Lingerie, socks, undergarments, etc.

  5. You hereby undertakes that the return of the product is made under genuine conditions and the reasons for return of the product are true and correct. If the reasons for return are found to be false and misleading then appropriate legal proceedings will be initiated against you by Aazacus.

  6. The product will be picked up from your place by the logistic partner of Aazacus and after the same is received by the Merchant. Thereafter, the returned product will be verified and checked. After receiving approval from the Merchant/Seller, Aazacus will credit the amount paid to your bank account. In case the payment is made by availing the option of Cash on Delivery then you would be required to provide your bank account details to Aazacus, in order to refund the amount. It is hereby made clear that under no circumstance refund amount would be paid in Cash.


DISPUTE RESOLUTION

In the event of any dispute between the Merchant/ Seller and You, Aazacus will coordinate with You and the Merchant/Seller to reach an amicable solution. It hereby made clear that Aazacus is only a facilitating link between You and the Merchant/Seller and shall not be made liable in any manner whatsoever.

You can raise the dispute with Our Customer Care Department, and Our Customer Care Department will coordinate with the Merchant/Seller and will strive to find an amicable solution for resolving the Dispute.

In order to raise the Dispute with Our Customer Care Department, You are required either send an email to ___________________________________________ or You can Call and get in touch with Our executive on ________________________.

The Outcome of the dispute will be informed to you as early as possible. Ideally it taken about ____ days to resolve a dispute.





PRIVACY POLICY

You hereby agree with the privacy policy of Aazacus which is available on the Website. The privacy policy may be changed by Aazacus without giving any prior intimation to the Users.


AMENDMENT OF AGREEMENT

Aazacus reserves the right to modify this Agreement at any point of time. The modified Agreement will be applicable on all transaction or orders generated after modification of the Agreement, the previous agreement shall be applicable on all pending orders prior to the date and time of modification of the agreement. The modified agreement will be uploaded on the website and shall be enforceable from the time of its upload on the website. By way of notice/pop-up window on the Website or by way of e-mail or SMS You will be informed about the fact that “Terms of Use” has been modified/changed/amended.


LIMITATION OF LIABILITY

IN NO EVENT SHALL AAZACUS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE.