Terms And Condition

Terms And Conditions

 

This website www.abbasandbro.com (hereinafter referred to as “Website”) is owned and operated by ABBAS AND BROTHERS (henceforth referred to as the “Company” or  “we” or “us” or “our”) 

These are standard terms guidelines and conditions (or terms of sales) (hereinafter referred to as “Terms and Conditions”) in form of an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and provisions to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record does not require any physical or digital signatures.

For the purpose of these Terms and Conditions, wherever the context so requires “You” or “You’re” shall mean any natural or legal person who visits and use the services of the Website.

These Terms and Conditions are applicable to a user of the Company Website (whether the guest user or registered user) (“User”). By using the services and tools provided by the Website, You are deemed to have accepted the Terms and Conditions contained herein. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transactions. By mere use of the Website, You shall be contracting with the Company and these Terms and Conditions and shall constitute Your binding obligations.

When You use any of the services provided by the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into these Terms and Conditions and shall be considered as part and parcel of these Terms and Conditions.

The Company reserves the right, at its sole discretion, to change or modify these Terms and Conditions, from time to time without any obligations to inform You. It is Your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the changes. If You comply with these Terms and Conditions, the Company grants You a personal, non-exclusive, non-transferable, limited right to enter and use the Website.

All rights including copyright, in this Website, are owned by the Company. Any use of this Website or its contents, including copying or storing it in whole or part without the permission of the Company is prohibited.

ACCESSING, BROWSING, OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

User Registration Eligibility For The Purpose Of The Website

Use of the Website is available only to persons who can enter into a legally binding contract 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. As a minor, if You wish to use or transact on the Website, such use or transaction may be facilitated by Your legal guardian or parents.  The Company reserves the right to terminate and refuse to provide You with access to the Website if it is brought to its notice or if it is discovered that You are under the age of 18 years or are incompetent to contract as per applicable laws.

For the purpose of the above clause, it is hereby clarified that the eligibility criteria are only for the purpose of User registration on the Website. These Terms and Conditions are not applicable for the registration of cycles/bikes.

Your User Account And User Registration Responsibilities

If You become a member of the Website, You shall be responsible for maintaining the confidentiality of Your User ID and Password and You shall be responsible for all activities that occur under Your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current, or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms and Conditions, then the Company has the right to indefinitely suspend or terminate or block access of Your membership with the Website and refuse to provide You with access to the Website. You shall also be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or consequential unauthorized use of the material or content on the Website.

Communications

When You use the Website or send emails or other data, information, or communication to the Company You agree and understand that You are communicating with the Company through electronic modes and other telecommunication modes and You consent to receive communications via any and all electronic and telecommunication modes from the Company periodically and as and when required. The Company may communicate with You by email/WhatsApp/SMS/Phone or by such other telecommunication or electronic mode of communication.

Fees And Charges

Membership on the Website is free. The Company does not charge any fee for browsing or blogging on the Website. However, the Company reserves the right to charge fees and change its policies from time to time.  The Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event the Company reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on the Website. You shall be solely responsible for compliance with all applicable laws including those in India for making payments to the Company.

User Content

The Company provides a variety of forums on the Website for its members to express themselves in the form of blogs, comments, reviews, and photographs.

You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website that:

  • belongs to another person and to which You do not have any right to; or
  • that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or religiously, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing or misleading in any way; or promoting any such illegal activities; or
  • is patently offensive to the online community, such as sexually explicit content, religiously offensive content or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
  • harasses or advocates harassment of another person; or involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or 
  • infringes upon or violates any third party’s rights, including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number or rights of publicity; or
  • 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 
  • promotes an infringement of, or illegal or unauthorized copy of another person’s copyrighted work; or
  • provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone; or
  • contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his/her guardian in the case of minor; or
  • refers to any website or URL that, in the sole discretion of the Company contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms and Conditions; or
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Websites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Websites or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
  • intends to advertise or engage in commercial activities and/or sales without the prior written consent of the Company. Throughout these Terms and Conditions, the Company’s prior written consent” means a communication coming from the Company’s legal personnel, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; or
  • interferes with another User’s use and access to the Website; or
  • harm minors in any way; or
  • violates any law for the time being in force; or
  • deceives or misleads the reader/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or impersonate another person; or
  • contains software viruses or any other malicious computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains a virus, malware or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personally identifiable information; or 
  • threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting to any other nation; or
  • shall not be false, inaccurate, or misleading; or
  • shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

The Company is under no obligation to examine or verify any messages, ratings, reviews, information, or content (“Postings”) posted on the Website by You, and the Company assumes no responsibility or liability relating to any such Postings on the Website. Notwithstanding the above, the Company may from time to time monitor the Postings on the Website and may decline to accept and/or remove any Postings that contain any information inconsistent with these Terms and Conditions.

By providing any Posting on the Website, 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 Posting, now known or not currently known, with respect to Your Posting. The Company will use Your Posting in accordance with these Terms and Conditions and the Website’s Privacy Policy.

Notwithstanding anything contained in these Terms and Conditions, the Company may use the content of the Posting or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media, whether now known or hereafter devised, including displaying of the Postings on the Website or anywhere else in any medium and the creation of derivative works that may include Postings You provide. You agree that any Posting You post may be used by the Company, and You are not entitled to any payment or other compensation for such use by the Company.

You understand that the Company has the right at all times to disclose any information (including the identity of the User providing information or materials on the Website) as necessary to satisfy any law, regulation, or valid governmental request, or in response to any court order or a summons. In addition, the Company can (and You hereby expressly authorize 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.

Notwithstanding the right of the Company to monitor the Posting on the Website, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE POSTINGS YOU POST ON THE WEBSITE. Please be advised that such Posting does not necessarily reflect the views of the Company. In no event shall the Company assume or have any responsibility or liability for any Posting posted or for any claims, damages, or losses resulting from the use of Posting and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Posting You provide and all information it contains and that such Posting shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

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.

Please carefully select the type of information that You publicly disclose or share with others on the Website. It is possible for others to obtain Your personal information disclosed by You on the public forum of the Website and any person may use such information to harass or injure You. The Company does not approve of such unauthorized uses but by disclosing such public information using the Website You acknowledge and agree that the Company is not responsible for the use of any personal information that You publicly disclose or share with others on the Website.

 

Use Of Website

You agree, confirm, and undertake that Your use of the Website shall be strictly governed by the following binding principles:

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 or Content (defined hereinafter) of the Website, 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 or in any way decompile, reverse engineer, or disassemble any material or content on the Website, the Company reserves the right to bar any such activity.

You shall not attempt to gain unauthorized access to any part, section, 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.

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 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 of the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information of any other User of the Website, or any other customer of the Company including any membership 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 own information.

You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company’s systems or networks, or any systems or networks connected to the Website.

You shall 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 otherwise prohibited by these Terms and Conditions, or for other activity which infringes the rights of the Company or others.

Your correspondence or business dealings with, or participation in promotions of, third-party advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such third party advertiser. The Company 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 third-party advertisers on the Website.

The Company shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Trademark, Copyright, And Restriction On The Use Of Website Content

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms and Conditions, 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 another medium for publication or distribution or for any commercial use, without the Company’s express prior written consent. Content on the Website is solely for Your personal, non-commercial use. Use of the Content on any other website or networked computer environment or use of the Content for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited.

Other Dealings

The Website uses other third-party application program interfaces (“APIs”) and may also contain links to other external websites, which are not under the control of the Company. The Company provides the links to the external websites as they might be of interest to You, but the Company does not monitor or endorse these websites. The third-party APIs are used in the Website for providing better services to You. The Company cannot be held responsible for such external websites and functioning of third-party APIs, the data collected by such websites, and third-party APIs and cannot make any warranties about them.

Hyperlinks/Backlinks

The Company welcomes links to this Website. You may establish a hypertext link to the website, provided that the link does not state or imply any sponsorship or endorsement of such a third-party site by the Company. You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the Content or other materials available on the Website without the prior written consent of the Company.

Disclaimer Of Warranties And Liability

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 Website 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 foregoing paragraph, the Company 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

The Company 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 the Website are free of viruses or other harmful components. The Company will not be liable for any losses, damages, or claims by You or any third-party in this regard;

Nothing on the Website constitutes or is meant to constitute, advice of any kind.

Purchase

All products and the information displayed on the Website constitutes an invitation to offer. Your order for purchase constitutes Your offer which shall be subject to the Terms and Conditions as listed herein. We reserve the right to accept or reject Your offer in part or in full.

There may be certain orders that the Company cannot accept, and therefore, we reserve the right, at our sole discretion, to refuse or cancel any order. Some reasons may include limitation on quantity available for purchase; errors in pricing or product information or certain issues identified by our fraud avoidance department or any other issue which the Company identifies for not accepting the order. We also reserve the right to ask for additional information for accepting orders in certain cases. We will notify You in case Your order has been canceled fully or partially or if any additional information is required to accept Your order. Any payment made through online mode by You will be refunded in case of refusal or cancellation of the order by the Company. Such a refund will be made through the same online mode of payment made by you & would be initiated within 15-20 days. Except in case of refusal or cancellation of the order by the Company, the Company has a strict no exchange, no return, no refund policy after Your order is accepted by the Company.

In case multiple payment attempts were made for the same order at the same instance & more than one payment was successful, the refund for the other additional transaction amount would be initiated in 7-10 days upon intimation.

Delivery & Shipping Policy

You confirm that the address at which delivery of the product(s) ordered by You is to be made, is correct and proper in all aspects. In the event that a non-delivery occurs on account of a mistake by You (i.e. wrong name or address or any other wrong information or non-availability of recipient), any extra cost incurred by the Company for re-delivery shall be claimed from You and You shall bear such expenses. Further, the Company shall not be responsible for any damages or losses incurred due to any mishandling of any third-party delivery services provider in transit.

If the Company is unable to deliver such ordered products due to any reason, the Company will refund such amount through the same online mode of payment made by You or will give credit in the form of deposit in Your account for the amount received from the sale of such product, that could not be delivered to You, within 90 (ninety) business days.

You will be required to enter a valid phone number, email id while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by the Company via phone calls and/or SMS notifications, in case of any order or shipment, or delivery-related updates. The Company may use Your personal information to initiate any promotional phone calls or SMS’ unless expressly denied by the User.

Product Description

We have made every effort to display the products on the Website as accurately as possible and as per applicable law. However, we cannot guarantee that the product description will accurately reflect the product on delivery. Packaging of the product may vary from that displayed on the website.

Terms & Conditions For Cash On Delivery

  • Cash on Delivery can be used as a payment method only for orders less than Rs. 35,000. The order value limit could be lower depending on the pin code of your address as well as other factors.
  • You are requested to check the ordered items at delivery, before making cash on delivery payment
  • COD is applicable only if You make a non-refundable booking payment of and only the balance payment has to be made during the delivery.
  • Only cash/card / Online payments will be accepted while delivering the order under the COD Facility.
  • Note: DD/cheque will not be accepted for orders booked under the COD method of payment.
  • Foreign currency cannot be used to make a COD payment.
  • COD payment has to be made using only a single mode of payment.
  • The company reserves the right to determine the COD limit for every You and/or order. The COD limit includes any undelivered, unpaid orders and any new orders being placed
  • There may be limits to the amount of Cash on Delivery payments based on pin codes or the State in India where delivery is to be made. The company reserves the right to withdraw or block or limit. Your purchases using Cash on Delivery basis transaction history.
  • Your existing COD limits will be revised based on order rejection percentage and Order acceptance percentage and number of prepaid orders placed against your account
  • The company may share data with 3 rd parties to determine the applicability of COD
  • No refund due to non-deliverability will be applicable to orders placed with Cash on Delivery options.
  • The order amount has to be paid in full to the logistic partner at the time of delivery of the purchased product before receiving the package and signing the delivery sheet. The package can be opened only after the full payment is made
  • Payments for COD transactions will be routed through third parties
  • Any issues related to the delivery of order product need to be mentioned in Proof Of Delivery (POD) by the You for any claims.
  • To cancel the order, You has to bear a minimum Gateway & logistic charges of, and also a valid reason for cancellation need to be communicated with the company

Assembly And Service

We reserve the right to cancel your request for assembly or service at your doorstep under the 91Cares program and refund the amount paid (if any).

Declarations

(1) You hereby declare that You have provided all necessary legal details for the shipment of the product to the destination specified by You in the Order.

(2) You further declare that the product will be acquired for the personal use of the buyer. The product will not be sold, resold, bartered, or in any way disposed of for profit.

Payment

(1) While availing any of the payment method/s offered at the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

  • Lack of authorization for any transaction/s; or
  • Exceeding the preset limit mutually agreed by You and between Your bank/s; or
  • Any payment issues arising out of the transaction, or
  • The decline of transaction for any other reason/s.

(2) All payments made against the purchases/services on the Website by You shall be compulsorily in Indian Rupees acceptable by the Union of India. The Company does not accept any other form of currency with respect to the purchases made on the Website.

Risk Of Loss

All items purchased from the Company through the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier.

Pricing / Typographical Error

If the Company comes across any typographic errors with respect to pricing or product information, the Company shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 90 (ninety) business days of such corrective action taken.

Cancellation Of Order

The Company reserves the right to cancel any order without any explanation for doing so, under situation where the Company is not able to meet the requirement of the order placed or order so placed/canceled does not comply with the policy of the Company or order has invalid address/incorrect information or for any other reason. However, the Company will ensure that any communication of cancellation of an order, so canceled, is intimated within appropriate time to the concerned person and any applicable refund for such cancellation will be made within 90 (ninety) business days as set out in the paragraph relating to Purchases in these Terms and Conditions.

Breach

Without limiting other remedies, the Company may limit Your activity, immediately remove Your information, 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:

  1. If You breach the Terms and Conditions or Privacy Policy or other rules and policies, if any;
  2. If the Company is unable to verify or authenticate any information You provide; or
  3. If it is believed that Your actions may cause legal liability for You, other Users, or for the Company. The Company may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Company.

Notwithstanding the foregoing, if You breach the Terms and Conditions or Privacy Policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by You or 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.

Indemnity

You shall indemnify and hold harmless the Company its licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, 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 these Terms and Conditions, other Policies, or Your violation of any law, rules or regulations or the rights of a third-party.

Applicable Law

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Ahmedabad.

Jurisdictional Issues / Sale In India Only

Unless otherwise specified, the products advertised on the Website are presented solely for the purpose of sale in India. The Company makes no representation that products on the Website are appropriate or available for use in locations/countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and the Company is not responsible for the supply of goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Intellectual / Copyright Complaint

We at the Company respect the intellectual property of others. In case You feel that Your work has been copied/used on the Website in a way that constitutes copyright infringement, You can write to us atsupport@abbasandbro.com.

Limitation Of Liability

The Company will not be liable to You (whether under the law of contract, the law of torts, law of equity, or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website.

Under no circumstance, including, but not limited to, negligence, shall the Company be liable for any indirect, incidental, special, exemplary, or consequential damages that result from the use of, or the inability to use, including but not limited to the information, materials on the page, page content, page code, User services or the software. While the Company shall take reasonable precautions against security breaches, no webpage or internet transmission is completely secure, and as such, the Company shall not be liable for any indirect, special, exemplary, or consequential damages that may result from unauthorized access, hacking, data loss, or other breaches that may occur.

Force Majeure

The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport.

Variation

The Company may revise these Terms and Conditions from time to time. Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the revised Terms and Conditions on this Website. Please check this page regularly to ensure You are familiar with the current version.

Assignment

The Company may transfer, sub-contract, or otherwise deal with its rights and/or obligations under these Terms and Conditions without notifying You or obtaining Your consent.

You may not transfer, sub-contract, or otherwise deal with Your rights and/or obligations under these Terms and Conditions. 

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Our Contact

For any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website please write to us at support@abbasandbro.com