Terms and Conditions
- This document is an electronic record in terms of
Information Technology Act, 2000 and rules there under as applicable and
the amended provision spertaining 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
our Android App based platform Andhak.com.
About Andhak.com: Andhak.com
is a "Direct to Customer" Brand focussed on the Affordable Fashion
Space and operated by Fabemon having its registered office address at "D22,
First Floor, Sector 3, Noida UP-201301, India".
Your use of the Andhak.com
and services and tools are governed by the following terms and conditions
("Terms of Use") including the applicable policies which are
incorporated herein by way of reference.
- Wherever the context so requires "You"
or "User" shall mean any natural or legal person who has agreed
to become a buyer on the Andhak.com Platform by providing Registration
Data while registering on the Andhak.com Application on Android or iOS
phones as Registered User.
- The term "Andhak.com","We","Us","Our","App"or
"Platform"shall mean Fabemon and its affiliates.
When You use any of the
services provided by Us through Andhak.com, 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 Our sole
discretion, to change, modify, add or remove portions of these Terms of Use, at
any time without any prior written notice to You. You shall ensure to review
these Terms of Use periodically for updates/changes. Your continued use of the Andhak.com
following the posting of changes will mean that You accept 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 Andhak.com. By impliedly or expressly accepting these Terms of Use, You
also accept and agree to be bound by Andhak.com Policies including but not
limited to Privacy Policy as amended from time to time.
- User Account, Password, and Security:
If You use the Andhak.com,
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 agree that if You provide any
information that is untrue, inaccurate, not current or incomplete, We shall
have the right to indefinitely suspend or terminate or block access of your
membership on the Andhak.com. You agree to
- immediately notify Andhak.com of any unauthorized
use / breach of your password or account and
- ensure that you exit from your account at the end
of each session.
- Services Offered:
Andhak.com provides a
number of Internet-based services through the Andhak.com. One such Service
enables Users to purchase original merchandise such as footwear, clothing, and
accessories at factory price. The Products can be purchased through the Andhak.com
through various methods of payments offered. The sale/purchase of Products
shall be additionally governed by specific policies of sale, like cancellation
policy, exchange policy, return policy, etc. (which are found on the FAQ tab at
bottom panel of www.Andhak.comapp.com and all of which are incorporated here by
reference). In addition, these Terms of Use may be further supplemented by
Product specific conditions, which may be displayed with that Product or
product page. You as user are requested to go through such product
specifications at the time of purchase to avoid post purchase discrepancies.
While trying our best to ensure correctness of information, Andhak.com does not
warrant that Product description or other content on the platform is accurate,
complete, reliable, current, or error-free and assumes no liability in this
regard.
- User Conduct and Rules on the Platform:
You agree, undertake and
confirm that Your use of the Platform shall be strictly governed by the
following binding principles:
- You shall not host, display, upload, modify,
publish, transmit, update or share any information which:
- is misleading in any way;
- belongs to another person and to which You do
not have any right to;
- is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, 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;
- involves the transmission of "junk
mail", "chain letters", or unsolicited mass mailing or
"spamming";
- promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's
rights including, but not limited to, intellectual property rights,
rights of privacy (including without limitation unauthorized disclosure
of a person's name, email address, physical address or phone number) or
rights of publicity;
- contains restricted or password-only access
pages, or hidden pages or images (those not linked to or from another
accessible page);
- provides instructional information about illegal
activities such as making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
- contains video, photographs, or images of
another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the
scope of authorized access to the platform or to profiles, blogs,
communities, account information, bulletins, friend request, or other
areas of the Platform or solicits passwords or personal identifying
information for commercial or unlawful purposes from other users;
- interferes with another USER's use and enjoyment
of the Platform or any other individual's User and enjoyment of similar
services;
- 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 products. In all such cases, the Platform is
indemnified by you and you as User shall be solely responsible for any
litigation or arbitration proceedings.
- violates any law for the time being in force;
- 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;
- shall not be false, inaccurate or misleading;
- shall not create liability for Us or cause Us to
lose (in whole or in part) the services of Our internet service provider
("ISPs") or other suppliers;
- You shall not use any "deep-link",
"page-scrape", "robot", "spider" or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any
portion of the Platform or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Platform or
any Content, to obtain or attempt to obtain any materials, documents or
information through any means not purposely made available through the
Platform. We reserve Our right to bar any such activity.
- You may not pretend that You are, or that You
represent, someone else, or impersonate any other individual or entity
- You shall at all times ensure full compliance
with the applicable provisions of the Information Technology Act, 2000
and rules there under 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.
- 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 so as to mislead
other Users in any manner.
- You shall not engage in advertising to, or
solicitation of, other Users of the Platform to buy or sell any products
or services, including, but not limited to, products or services related
to that being displayed on the Platform or related to us.
- The Content posted does not necessarily reflect
the Platform's views. In no event shall we assume or have any
responsibility or liability for any Content posted or for any claims,
damages or losses resulting from use of Content and/or appearance of
Content on the Platform. 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 libellous,
tortious, or otherwise unlawful information.
- Andhak.com hereby disclaims any guarantees of
exactness as to the finish, appearance, size, color etc., of the final
Product as ordered by the User. Andhak.com Returns Policy offers You the
option to return items purchased on the platform within 30 days of the
receipt only in case of the product not working or in case of defect.
Please refer to the section "Return Policy".
- Contents Posted on the platform:
All text, graphics, user
interfaces, visual interfaces, photographs, trademarks, logos, sounds, music
and artwork (collectively, "Content"), is a third party user
generated content and the platform has no control over such third party user
generated content as we are a marketplace intermediary for the purposes of this
Terms of Use. Such Content will become Our property and You grant Us the
worldwide, perpetual and transferable rights in such Content. We shall be
entitled to, consistent with Our Privacy Policy as adopted in accordance with
applicable law, use the Content 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 the creation of
derivative works that may include the Content you provide.
You may use information
on the products and services purposely made available on the Platform for
downloading, provided that You
- do not remove any proprietary notice language in
all copies of such documents,
- use such information only for your personal,
non-commercial informational purpose and do not copy or post such
information on any networked computer or broadcast it in any media,
- make no modifications to any such information,
and
- do not make any additional representations or
warranties relating to such documents.
- Privacy:
We view protection of
Your privacy as a very important principle. We understand clearly that You and
Your Personal Information is one of Our most important assets. We store and
process Your Information including any sensitive financial information
collected as defined under the Information Technology Act, 2000 and Rules there
under. We may share personal information with our other corporate entities and
affiliates.
We may disclose personal
information if required to do so by law or in the good faith belief that such
disclosure is reasonably necessary to respond to subpoenas, court orders, or
other legal process. We may disclose personal information to law enforcement offices,
third party rights owners, or others in the good faith belief that such
disclosure is reasonably necessary to: enforce our Terms or Privacy Policy;
respond to claims that an advertisement, posting or other content violates the
rights of a third party; or protect the rights, property or personal safety of
our users or the general public.
We and our affiliates
will share / sell some or all of your personal information with another
business entity should we (or our assets) plan to merge with, or be acquired by
that business entity, or re-organization, amalgamation, restructuring of
business. We have developed this Privacy Policy to protect Your
personal/financial information and keep it confidential. By visiting Our
Platform, you are accepting and consenting to the practices described in this
Privacy Policies. The following Privacy
Policy and Cookie Policy
outlines the information we may process and how we may use that information to
better serve you while using our Platform.
- Correspondence Information.
Following are the
various Correspondence Information which You provide when You access/register
for Our Service includes:
- Children under the age of 18: Use of the
Platform 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 Platform. If you are a minor i.e. under the age
of 18 years, you shall not register as a User of the Platform as a Buyer
or Seller and shall not transact on or use the same. As a minor if you
wish to use or transact on Platform, such use or transaction may be made
by your legal guardian or parents.
- Personal Information: name, gender, age, images,
contact/ postal address, telephone, email id, nationality and content.
- Business information : shipping and billing
address, registered entity name, VAT details, Cheque submission for
payments, nature of business , details and location of shop and your
customers
- Financial Information: credit/ debit card
details including card number and expiry date in encrypted form, details
for net banking services and Wallet services. Please be advised that
Platform ensures the highest degree of data security, while encrypting
as per the guidelines specified by Payment Cards Industry Data Security
Standard (PCI DSS).
- Payment and Account Information: Your account
history with us including (without limitation) all billing information
and communications, payment history etc. We maintain this securely.
However, your transactions details may be preserved by the platform for
purposes of tax or regulatory compliance.
- Transactional Information: Order ID,
transactional history (other than banking details) about your e-commerce
activities on our platform.
- User IDs: Your usernames, passwords, email
addresses, contacts, account including third-party accounts and other
security-related information used by you in relation to our Services.
- Stored Information: Data either created by you
or by a third party and which you wish to store on our servers such as
image files, documents etc.
What
types of information are not allowed on the Platform?
- Nudity or other sexually suggestive content.
- Hate speech, credible threats or direct attacks
on an individual or group.
- Content that contains self-harm or excessive
violence.
- Fake or impostor profiles.
- Spam.
- Technical and functional management of the Mobile
App
When you use our
Platform, we also process technical data such as your IP-address, Device ID,
Device Contacts, Device Accounts including third-party accounts or MAC-address,
and information about the manufacturer, model, and operating system of your
mobile device. We use this data to enable us to deliver the functionalities of
the App based platform, resolve technical difficulties, and provide you with
the correct (prevent the transmission of spam, viruses and/or unlawful,
defamatory, obscene or otherwise undesirable material or content) and most up
to date version of the Platform.
- Operational Use
We may use your
information for suggesting products and promotional offers and schemes. You may
update your profiling information at any time on the App. You acknowledge and
agree such update is for Your interests and for improving personalization and
service efficiency of the Platform.
Note:
You acknowledge that, we will only disclose your information in an aggregated
form which is not capable of being used or interpreted in such a manner as to
identify you.
- Referrals related policies :
1. Purpose : The purpose
of our referral program is to enable our users to leverage their personal
network to earn Andhakcoins. Such Andhakcoins will enable user to redeem cash
or free products or product discounts.
2. Validity: Genuine and
Authorised referrals only will be considered valid. Software script generated
referrals , device cloning, or any other such means tantamount to violation of
our referral policy. Users are advised to not try such means. Any such users
may be permanently debarred from using our services. Any such referrals, even
if they reflect in user account will not be eligible for any form of
redemption.
3. Minimum Threshold for
redemption: Andhakcoins have minimum threshold to be eligible for redemption.
Any referrals earned coins will become eligible only after crossing the
required threshold levels. Any requests with respect to lowering of the
redemption threshold will not be entertained.
4. Redemption
discretion: Andhak.com ( Fabemon) can at its sole discretion allow or reject
any redemption requests.
- Applicable law and procedure
We collect and store
your Correspondence Information to: (a) comply with our obligations under law;
and (b) monitor your use of our Services in order to ensure your compliance
with our Terms of Service.
Note:
However, as effective as encryption technology is, no security system is
impenetrable. We cannot guarantee the security of our database, nor can we
guarantee that information you supply won't be intercepted while being
transmitted to us over the Internet. Any transmission of information by you to
our platform is at your own risk. We recommend that you do not disclose your
password to anyone.
- Cookie Policy.
A cookie is a small text
file that we place on your mobile device to enable various features of
Platform. "Cookies" are used to store user preferences and to track
user trends, so as to enhance your interactive experience and generally improve
our Services to you. You can change your cookie settings to accept or not
accept cookies in your browser settings. If you do accept a "cookie",
you thereby agree to our use of any Personal Information collected by us using
that Cookie. If you do accept a "cookie", you thereby agree to our
use of any Personal Information collected by us using that Cookie.
- Third Party.
At times We may tie-up
with third parties, brand owners or other partners and make available certain
offers, events or special schemes. In such instances, Your personal information
may be shared with such third parties and/or may become available to them or be
disclosed to them, such third parties may have their own applicable privacy
rules and We shall not be liable for the use or misuse of Your information by
such third parties. We only collect your Personal Information to conduct our
business and to enable us to deliver and improve our services. We do not for
any reason whatsoever sell your Correspondence Information to any third party
or otherwise trade on it.
- Disclaimer of Warranties and Liability:
All the materials and
products (including but not limited to software) and services, included on or
otherwise made available to You through the platform 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, We do not warrant that: the App will be
constantly available, or available at all; or The information on the platform
is complete, true, accurate or non-misleading.
All the Products sold on
platform are governed by different state laws and if Seller is unable to
deliver such Products due to implications of different state laws, Seller will
return or will give credit for the amount (if any) received in advance by
Seller from the sale of such Product that could not be delivered to You. You
will be required to enter a valid phone number while placing an order on the
platform. By registering Your phone number with us, You consent to be contacted
by Us via phone calls and/or SMS notifications, in case of any order or
shipment or delivery related updates. We will not use your personal information
to initiate any promotional phone calls or SMS.
- Indemnity:
You shall indemnify and
hold harmless the Platform, its owner, licensee, affiliates, Partners,
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 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.
- Trademark, Copyright and Restriction:
All material on Andhak.com,
including images, illustrations, audio clips, and video clips, are protected by
copyrights, trademarks, and other intellectual property rights. Material on the
platform is 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 to do so. Without the prior
written consent of the owner, modification of the materials, use of the
materials on any other Platform 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 the purposes of this clause. It is expressly
clarified that You will retain ownership and shall solely be responsible for
any content that You provide or upload when using any Service, including any
text, data, information, images, photographs, music, sound, video or any other
material which you may upload, transmit or store when making use of Our various
Service. However, We reserve the right to use/reproduce any content uploaded by
You and You agree to grant royalty free, irrevocably, unconditionally,
perpetually and worldwide right to Us to use the content for reasonable
business purpose.
- Limitation of Liability:
In no event shall the
platform be liable for any indirect, punitive, incidental, special,
consequential damages or any other damages resulting from:
- the use or the inability to use the Services or
Products;
- unauthorized access to or alteration of the
user's transmissions or data;
- breach of condition, representations or
warranties by the manufacturer of the Products
- any other matter relating to the services;
including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the
Platform or Service. Platform shall not be held responsible for
non-availability of the App services during periodic maintenance
operations or any unplanned suspension of access to the Platform. The
User understands and agrees that any material and/or data downloaded at
the platform is done entirely at Users own discretion and risk and they
will be solely responsible for any damage to their mobile or loss of data
that results from the download of such material and/or data. To the maximum
extend that is permissible under law, Platform’s liability shall be
limited to an amount equal to the Products purchased value bought by You.
The Platform shall not be liable for any dispute or disagreement between
Users
- Termination:
- The Platform may suspend or terminate your use of
the App or any Service if it believes, in its sole and absolute
discretion that you have infringed, breached, violated, abused, or
unethically manipulated or exploited any term of these Terms of Service
or anyway otherwise acted unethically. Notwithstanding anything in this
clause, these Terms of Service will survive indefinitely unless and until
the Platform chooses to terminate them.
- If You or Platform terminates your use of the App
or any Service, Platform may delete any content or other materials
relating to your use of the Service and we will have no liability to you
or any third party for doing so. However, your transactions details may
be preserved by us for purposes of tax or regulatory compliance.
- You shall be liable to pay for any Service or
Product that you have already ordered till the time of Termination by
either party whatsoever.
- Jurisdictional Issues/Sale in India Only:
Unless otherwise
specified, the material on the Platform is presented solely for the purpose of
sale in India. We make no representation that materials in the Platform are
appropriate or available for use in other locations/Countries other than India.
Those who choose to access the App from other locations/Countries other than
India do so on their own initiative and we are not responsible for supply of
products/refund for the products ordered from other locations/Countries other
than India, compliance with local laws, if and to the extent local laws are
applicable.
- Governing Law:
These terms shall be
governed by and constructed in accordance with the laws of India without
reference to conflict of laws principles and disputes arising in relation
hereto shall be subject to the exclusive jurisdiction of courts, tribunals,
fora, applicable authorities at Bangalore. The place of jurisdiction shall be
exclusively in Bangalore.
- platform, You shall be contracting with Fabemon
and these terms and conditions including the policies constitute Your
binding obligations, with Andhak.com.For the purpose of these Terms of
Use,
Contact Us
Please contact us for any questions or
comments by writing an email to us at support@Andhak.com
Andhak
We are thrilled to have you here. Whether you're looking for the latest fashion trends, electronic gadgets, home decor, or any other products, we have got you covered. Explore our extensive collection and find everything you need in just a few clicks.
Users : 10823