TERMS AND CONDITIONS
Only persons ‘competent to contract’ as provided in the Indian Contract Act, 1872 are eligible to use this Site. However, parents or legal guardians may transact on behalf of minors i.e. persons below the age of 18 years. Atfy India Pvt Ltd reserves the right to prevent any person from using the Site.
License to use and Access
When you visit the Site, send us emails or give us feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We attempt to be as accurate as possible in the description of products on our Site including its colour. However Atfy India Pvt Ltd does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. The product pictures are indicative and may not match with actual products.
Recommendation of Product
Any recommendations made to you by the Site during the course of your use is purely for informational purposes and for your convenience and does not in any manner amount to an endorsement of the product by Atfy India Pvt Ltd or any of its associates.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of the product until you make the order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Atfy India Pvt Ltd shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly priced, Atfy India Pvt Ltd may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Atfy India Pvt Ltd will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Atfy India Pvt Ltd accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Atfy India Pvt Ltd’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. Prices and availability are subject to change without notice.
Mode of Making Payments
Payments for the products available on the Site may be made in the following ways: Payments can be made by Credit Cards, Debit Cards, Net Banking, Cash on Delivery. Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.
Cancellations, Refunds, and Returns
Please refer to our Cancellations, Refunds, and Returns Policy provided on the Site.
Shipping and Delivery
Please refer to our Shipping Policy available on the Site.
You agree to and make the following representations That you will use the services of the Site for lawful purposes only and comply with all applicable laws and regulations while transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partially), Atfy India Pvt Ltd has the right in its sole discretion to debar you from using the services of the Site.
Where credit card details are required, you will provide correct information. You will only use a credit card that you own in your transactions with Atfy India Pvt Ltd. Liability for use of a card fraudulently is exclusively on you, and will lead to claims of cost of goods, collection costs, legal fees etc.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in its description.
You may not use the Site for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, defame, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorised access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws.
- Interfering or disrupting networks or web sites connected to the Site.
Intellectual Property Rights
Atfy India Pvt Ltd and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Atfy India Pvt Ltd. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any Atfy India Pvt Ltd or third party intellectual property rights.
All rights, including copyright, in this website are owned by or licensed to Atfy India Pvt Ltd. Any use of this website or its contents, including copying or storing any information in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Atfy India Pvt Ltd. Any reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance- without the prior written permission of Atfy India Pvt Ltd is strictly prohibited.
The “Atfy India Pvt Ltd” name and logo and all related product and service names, design marks and slogans are the trademarks or service marks of Atfy India Pvt Ltd. All other marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software.
All software used on this Site is the property of Atfy India Pvt Ltd or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Atfy India Pvt Ltd explicitly provides to the contrary, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Atfy India Pvt Ltd, one of its affiliates or by third parties who have licensed their materials to Atfy India Pvt Ltd and are protected by Indian and international copyright laws.
Disclaimer of Warranty and Limitation of Liability
All content, products, and services on the site, or obtained from a website to which the Site is linked are provided to you “as is” without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. All warranties, if any, relating to the product and services would be provided by the manufacturer/supplier of such product and not by Atfy India Pvt Ltd. Any claim in relation to the same should be raised against respective manufacturer/supplier and not Atfy India Pvt Ltd in any case whatsoever. The Site provides content from other internet sites or resources and while Atfy India Pvt Ltd tries to ensure that material included on the Site is correct, reputable and of high quality, it will not accept responsibility if this is not the case. Atfy India Pvt Ltd will not be responsible for any errors or omissions or for any loss or damage caused by reliance on such information. While Atfy India Pvt Ltd aims to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Atfy India Pvt Ltd, access to the Site may be interrupted, suspended or terminated from time to time. Atfy India Pvt Ltd shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use.
Further, the Site may discontinue disseminating any portion of information or category of information. Atfy India Pvt Ltd, its suppliers, subsidiaries, affiliates, officers, employees, agents, partners and licensors, shall not be liable for any damages of any kind arising out of or in connection with the use of the Site or the purchase of products from the Site. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, indirect, incidental, PUNITIVE, special, incidental, consequential or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, WHETHER IN TORT OR CONTRACT OR UNDER ANY APPLICABLE LAW.
Atfy India Pvt Ltd, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Atfy India Pvt Ltd assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site. You understand that by using this Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Atfy India Pvt Ltd and its affiliates shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
Atfy India Pvt Ltd through the Website intends to provide its users with general information about products. The postings on the Website or on social networking sites, including the Website’s Facebook page, or any information provided over chat or e-mails exchanged with Atfy India Pvt Ltd, its employees or representatives (collectively referred to as “Information”) which are in furtherance of any communication made by the user with Atfy India Pvt Ltd, its employees or representatives is based on the background provided by the user. While Atfy India Pvt Ltd takes reasonable care to ensure that the Information is accurate, Atfy India Pvt Ltd takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. In case any User relies on the Information, he/she may do so at its own risk.
Under no circumstances will Atfy India Pvt Ltd, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information. For any general information posted on the Website, users must not infer or assume that such information necessarily applies to them. Site Security You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. Atfy India Pvt Ltd is entitled to investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Atfy India Pvt Ltd on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).