Terms and Conditions ("Terms")
Avaza, a partnership firm within the meaning of the Indian Partnership Act, 1932, and having its registered office at 9/2 Madras bank road, Bangalore-560001 (“Avaza”) has developed the website [www.avaza.co.in] and a mobile application [to be done in the future] (collectively “Website”). The Website is maintained by Avaza. For the purposes of this Agreement (defined below), the term “We”, “Us” or “Our” shall mean Avaza and the term “User(s)” and wherever the context so requires “You” or “Your” shall mean any natural or legal person who has agreed to register with Avaza and/or is using the Website.
Your use of the Website and related tools and services thereof, including but not limited to viewing information and acting on such information is governed by and shall be subject to these terms and conditions (“Agreement”), the terms whereof are subject to change at any time without prior notice to You. To make sure You are aware of any changes, please review this Agreement and all the documents/ agreements, additional guidelines or rules applicable to particular services on the Website (“Document(s)”) which shall deemed to be a part of this Agreement and in the event of any conflict between the terms of this Agreement and any aforesaid Document(s), the aforesaid Documents shall prevail.
By using/ registering on the Website, You confirm that You have read and have agreed and accepted to be bound by the terms and conditions mentioned in this Agreement and if any of the terms of this Agreement are not acceptable to You, please do not use the Website. Your continued usage of the Website constitutes Your acceptance of this Agreement, together with all the amendments from time to time. As long as You comply with this Agreement, You are granted a personal, non-exclusive, limited privilege to enter and use the Website.
It is further agreed that the rights herein are non-transferable. You shall therefore not assign or transfer any of Your rights under this Agreement, unless otherwise expressly permitted and any attempt by You to do so shall be void-ab-initio and not enforceable.
Scope of the Website
You acknowledge that the Website is an online facilitating platform that facilitates the online requisition by You for purchase of products and services offered by Avaza and/or various third party vendors who have entered into a contract with Avaza for the sale of such products and services to the User(s) (“Vendors”). The term “Service(s)” shall include collectively the services provided by the Vendors facilitated through the Website and the services directly provided by Avaza to You.
Your use of the Services, including the sale and purchase of products and services, between the Vendors and Yourself, facilitated by the requisition placed by You on the Website shall be governed by the Agreement. The Services provided by the Website may change from time to time, at the sole discretion of Avaza.
In order to verify that You have entered an e-mail address and/or a mobile number that You operate, You authorize Avaza to send a verification e-mail and/or a message to your registered email address and/or Your mobile number. Your User Account will be active only after You verify the details. You are responsible for the use of the Services provided through the Website and for restricting access to Your electronic device and/or Your computers on which this Website could be accessed (“Device”), so as to prevent any unauthorised usage of the Website. You shall be solely responsible for any activity on the Website that occurs through Your User Account and shall not hold Avaza liable in this regard, for any reason whatsoever.
Avaza reserves the right to restrict or refuse Your access and/or usage of the Website in any manner, including but not restricted to termination of Your User Account without refund or removal of the content associated with Your User account, without providing You with any reasons and without a prior notice.
You shall not access or use or assist any other person to access or use this Website for the following purposes:
- Any unauthorized use including without limitation any usage of the content provided on this Website not in conformity with the rights granted with respect to the same, any usage that may violate third party intellectual property rights and any usage that may violate the laws of privacy for which You shall be solely responsible.
- 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;
- Breaching any applicable laws;
- Hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that (i) belongs to another person and to which You do not have any right to; (ii) 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; (iii) harms minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonate another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; (ix) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
- Using or attempting to use any engine, software, tool, agent or other Device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to manipulate the software on this Website or reverse engineer it by copying, modifying, decompiling or dissembling; and/or
- Gaining or attempting to gain unauthorized access to any part or feature of the Website or any other systems or networks connected to the Website or to any server, computer, network, by hacking or any other illegitimate means.
You agree and confirm that:
- You will use the Website, the information contained and the services provided therein for lawful purposes only. By accepting this Agreement and using the Website, You agree to be in full compliance with all the applicable laws, rules, regulations and guidelines;
- You are aware that the Website may require specific Device configurations to load without which, the performance and/or functionality of the Website may be hindered;
- You are aware that the Website may have access to Your geographical location, by way of cookies and/or by interacting with the embedded browser on Your Device including through geolocation and other similar methods and You hereby confirm the access to Your location by such means;
- You have and will continue to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete;
- You shall bear the costs incurred to access and use of the Website and Avaza shall not, under any circumstances whatsoever, be responsible or liable for such costs;
- You shall be solely responsible for all activities undertaken through Your User Account, whether or not you have authorized such activities or actions and shall, at all times, keep Avaza indemnified in this regard;
- You will not disclose the password associated with Your User Account to any third person, unless You expressly desire for them to access and use Your User Account, and shall not hold Avaza liable in this regard, for any reason whatsoever;
- You will not interfere with the proper working of the Website;
- You shall be responsible for checking the content, service description and other related information before using the relevant service or content provided through this Website;
- You shall promptly inform Avaza of any information known to You that could reasonably lead to a claim, demand or liability against Avaza, Vendors and/or any related entities; and
- You are responsible for maintaining the confidentiality of Your User Account, password, email address and for restricting access to Your computer, computer system, computer and network, and You are responsible for all activities that occur under Your User Account and password. If You access the Website using any electronic device other than by registration on the Website, the terms and conditions of this Agreement remain applicable to You in the same manner as if You are a registered user on the Website.
You agree and acknowledge that the Website is only a facilitating platform that facilitates You to request for the purchase of goods and services provided by either Avaza or by various Vendors.
You agree and understand that for the provision of the goods and services by the Vendors, Avaza shall notify you in advance of the Vendor involved, the list of goods and services purchased from such Vendor details with respect to the price of such goods and services (including any additional cost like delivery fee). After You accept and confirm, Avaza shall facilitate in placing the relevant order to the respective Vendor.
The information and material provided to You with respect to the Vendor will be on a “as is” basis and Avaza shall take all reasonable diligence as a facilitator to ensure that the Vendor provides the relevant goods and service in accordance terms governing the provision of such goods and service, however, Avaza shall in no event be held responsible for actions of the Vendor(s) and the provision of the goods and service through the Vendor.
Price and Payments
The registration on the Website by creation of User Account would incur a one-time registration fee of INR 1,100/-, additionally for every good and/or service purchased from a Vendor, facilitated by the Website would incur a cost of 10% (Ten Percent) of the bill amount or such other cost as notified to You before the placing or the order.
Further, Avaza offers its Services in accordance to various subscriptions plans as detailed [•] (“Subscription Plan”). Avaza may also have additional charges for the provision of one-time services or any special services like express delivery and Avaza shall inform you of any such charge before You avail the Service. Avaza reserves the right to modify the Subscription Plans or any other fee structure by providing for it in the Website and this shall be considered as valid and agreed communication.
In relation to purchase of goods and services from the Vendors, You shall pay through an online payment e-wallet as provided in the Website. Please note that a minimum balance of INR 2,000/- is to be maintained in such e-wallet. Additionally, or Avaza and/or the respective Vendor, as the case may be, may choose to use the services of collection agents, duly appointed in this regard.
You agree and acknowledge that You are solely responsible for payment of all taxes, legal compliances, statutory registrations and reporting. Avaza is in no way responsible for any of the taxes except for its own income tax
Return and Refund Policy
Avaza allows You to raise a return and/or refund request in case of an unlikely situation. You may raise the request directly in the Website www.avaza.co.in or by email to firstname.lastname@example.org or by calling Avaza’s customer care at [96060 33466/96060 33464]. Avaza, upon receiving Your return and/or refund request shall verify the nature and authenticity of Your request. If the request is genuine, Avaza shall initiate the return and/or refund process only after receiving confirmation from the concerned Vendor in respect of the contents of the product and/or service relating to that return and/or refund. In case of valid refund, the same will be done by either crediting amount after making the due deductions (if any) to the e-wallet of the User on the Website and/or the designated bank account as per the details provided by the User. The refund process shall be completed within 7(seven) business days from the date of submission of the request for refund.
Avaza reserves the right to pursue necessary legal actions against You, in the event of frivolous and unjustified complaints regarding the quality and content of the products and Services, and You will be solely liable for all costs incurred by Avaza in this regard.
Suspension, Termination and Deactivation
You may at anytime withdraw Your consent by deactivating/deleting Your User Account within the Website by submitting a cancellation form that shall be provided to You on requesting for the same, by an email to [•]. Upon the deletion/deactivation of Your User Account, all data associated with Your User Account that is stored with Avaza (excluding the data that You have uploaded and shared with third parties/ Vendor(s)) will be deleted by Avaza permanently.
Refunds shall be done in the following manner:
Refund in case of Quarterly Subscription:
No refund shall be made in case of suspension, termination and deactivation of User Account in case where You have opted for the payment of quarterly subscription package in furtherance to the Subscription Plan
Refund in case of Yearly Subscription:
In case of suspension, termination and deactivation of User Account in case where You have opted for the payment of yearly subscription package in furtherance to the Subscription Plan, Avaza may at it sole discretion, refund You the remaining amount for the succeeding quarters of the calendar year remaining from the date of such suspension, termination and deactivation.
The refund shall be as mentioned above or as communicated to You from time to time by Avaza. The refund as mentioned in above, shall be processed within 7(Seven) business days to the bank account as per the details provided by You, after deducting the amount due to Avaza.
Avaza reserves the right to remove or block You without paying any refunds, at its sole discretion, where any activity performed through Your User Account causes or may cause or may be deemed to be or constitute:
- offensive, defamatory, vulgar, false or misleading to any person;
- violation of the rules and regulations that govern money changing activities and money changers;
- breach of this Agreement;
- infringement of copyright or trademark or other intellectual property right of another; and/or
- reputational harm to Avaza.
Without prejudice to the above, Avaza reserves the right to initiate legal proceedings against You for the fraudulent use of this Website or for any other unlawful act or omission in breach of this Agreement.
You agree and confirm that:
- All copyright, database right and all other proprietary rights, title and interest in all content presented on this Website (including but not limited to the graphical images, text, video clips, reprographics, sounds, demos, patches and other files) (“Intellectual Property”) is owned by and/or is licensed to Avaza and is or may be protected under the copyright, trade mark, intellectual property law and/or other proprietary rights, unless expressly stated otherwise.
- No extracts of this Website or part thereof shall be displayed, printed or downloaded by You or with Your assistance, for any reason, including without limitation to commercialise any Intellectual Property in any way.
- Your use of the Services or this Website does not confer on You or any other party, any licence or other rights under the intellectual property or other proprietary rights of Avaza and/ or any third party, whether implied or otherwise.
- Avaza shall not be held liable for any claims relating to infringement of any intellectual property rights in relation to the products and/or their content.
Reviews, Feedback, Submissions
- All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to Avaza on or through this Website, any blog, Facebook, Twitter, Instagram or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with Your use of this Website (collectively, the “Comments”) shall be and remain the property of Avaza. Such disclosure, submission or offer of any Comments shall constitute an assignment to Avaza of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Avaza shall be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments You submit for any purpose whatsoever, without restriction and without compensating You in any way. Avaza is and shall be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay You any compensation for any Comments; and/or (iii) to respond to any Comments.
- You agree that any Comments submitted by You to this Website, any blog, Facebook, Twitter, Instagram or any other such social media or networking platform or disclosed otherwise shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including Avaza. You further agree that no Comments submitted by You on the Website or on social networking platforms, as aforesaid, shall be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Avaza may not regularly review Your Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. You grant Avaza the right to use the name that You submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments You submit. You are and shall remain solely responsible for the content of any Comments you make and You agree to indemnify Avaza for and against all claims resulting from any Comments You submit. Avaza takes no responsibility and assumes no liability for any Comments submitted by You or any third party.
Limitation of Liability
The website may be under constant upgrades, and some functions and features may not be fully operational.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards or of any financial information provided by you.
You acknowledge that third party services are available on the website. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party services.
While any information provided to you in course of facilitating the provision of services by third parties are prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information of the relevant third party. in no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the website. In no event will we or our licensors or any of their officers, directors, employees, agents or sub-contractors or affiliates (“representatives”) be liable to you or any third party for any decision made or action taken by your reliance on the information provide to you in relation to the relevant third party.
In no event shall Avaza or its representatives be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages whatsoever (including, without limitation, damages for loss of business profits, loss of reputation, business interruption, loss of business information, or other pecuniary loss) arising out of the agreement, website, services or the use of or inability to use any service on the website, even if Avaza has been advised of the possibility of such damages.
You hereby agree to indemnify and hold Avaza, its affiliates, agents, contractors, vendors, service providers, distributors, licensors, officers, directors, employees, successors-in-interest and assigns (“Indemnified Parties”) harmless from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or inactions including the breach of any of the terms and conditions set out herein, which may result in any loss or damage sustained or any liability incurred by Avaza and/or the Indemnified Parties. This provision shall survive the termination of this Agreement.
We may at any time modify and/or amend the terms of this Agreement without any prior notification to You. In the event of any such modification of or amendment to the Agreement, the latest revised version of the Agreement shall be provided in the Website and shall become effective from the time of posting. You must regularly review this Agreement and in the event the modified or amended terms and conditions of the Agreement are not acceptable to You, You should discontinue using the Website and Services offered on and/or through this Website. Your continued use of the Website will constitute Your acceptance of the latest revised Agreement. Additionally, Avaza reserves the right to withdraw, without prior notice to You, access to the Website and services thereof and to change, modify, revise the Website at any time.
Without prejudice to the Clause below, any dispute arising out of this Agreement, the Website or the Services shall be governed by the laws of India and the courts at Bangalore, India shall have exclusive jurisdiction with respect thereto.
At first instance if any difference, dispute or question shall arise between You and Avaza out of this Agreement, the Website or the Services, the same shall be referred to a sole Arbitrator who shall be appointed by mutual agreement and whose decision shall be final and binding. The said arbitration shall be governed by the provisions of Arbitration & Conciliation Act, 1996 including any statutory modification or reenactment thereof and the venue and seat of the Arbitration shall be Bangalore, India. The language to be used in the arbitral proceedings shall be English.
No failure or delay in enforcing any provision, exercising any option or requiring performance, shall be construed to be a waiver of that or any other right in connection with this Agreement.
If any provision of the Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect
This Agreement (including all Document(s) expressly incorporated herein by reference) constitutes the complete and exclusive agreement between Avaza and You, with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.
The Agreement is subject to prevailing laws and legal process, and nothing contained in this Agreement is in derogation of Avaza’s right to comply with statutory requests or requirements relating to Your use of the services or information provided to or gathered by Avaza with respect to such use.
Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement.
Contact the Grievance Officer
In compliance with the Information Technology Act, 2000 and the rules made thereunder, You may address Your grievances with respect to the processing of Your information to the Grievance Officer whose contact details are as below:
+91 96060 33465
By reading this Agreement, you acknowledge and confirm that You have read and understood this Agreement and agree to be bound by the terms and conditions contained herein.