The given document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions about electronic records in various statutes under applicable Indian laws. This record has been electronically generated and is needless of digital or physical signatures.
Being a published document, this shall be defined as per the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publication of the rules and regulations, privacy policy and user agreement for access or usage of the www.abchauz.com website.
The terms used as "We" / "Us" / "Our" / "Company" / "Platform" refer to ABCHAUZ and the terms "User" / "You" / "Your" / "Visitor" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as a Registered User of the Website, or who has used the Website without becoming a Registered User, and, in both the cases, accepted this User Agreement.
Using www.ABCHAUZ.com and all the web pages, hyperlinks, tools and services provided referred to as 'the Website' is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website. The said User Agreement will come to effect upon the user visiting or using the Website or upon your registration or upon providing any information by you on the Website.
A Registered User is the one who has allocated himself a unique identification user name ("User ID" and "Password") to become a Registered User. Being a Registered User, this User Agreement shall be effective and binding upon your 'consent'. "Consent" shall mean your affirmatory action of clicking on the 'check box' or on the 'continue' button or any affirmative action as provided on the registration page or using or accessing the Website by logging in through your third party website in any manner, with or without using your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the 'checkbox' or on the 'continue' button or any other button and do not seek to obtain access to or otherwise use the Website.
The business, any of its business divisions and/or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions because they are binding on all users of this Website.
All logos, brands, marks headings, labels, names, signatures, numerals, shapes or any combinations thereof, appearing in this site, except as otherwise noted, are properties either owned or used under licence by the business or its associate entities who feature on this Website. The use of these properties or any other content on this site except as provided in these terms and conditions or in the site is strictly prohibited.
For the platform providing any services on the website, the following disclaimers are necessary to ascertain any relationship between you and the platform, which are as follows:
The Platform, its associates, affiliates and service providers and technology partners render no Warranties or representations about the accuracy, reliability, completeness, and timeliness of any content or information/declarations provided by the merchants for their products in compliance with the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the website or that the operation of the website will be error-free and/or uninterrupted.
Platform and its suppliers, affiliates and service providers provide the Website and services on an "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
The Platform does not guarantee, warranty or provide any assurance with respect to any goods or services, user behaviour, prudish mannerism, and others. Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability is to provide you necessary information (subject to the Privacy Policy and applicable laws) for you to deal with other users of the website (including the sellers listed on the website) with respect to any dispute. The Website is only a venue where users may meet and interact with one another for their transactions. The platform is not and cannot be a party to or control in any manner any transaction between two users of the Website.
In conformity with the provisions of the Foreign Exchange Management Act, 1993, and applicable laws, The platform may provide certain support services to facilitate the transactions between users of the websites and such independent services may include listing management, warehousing services, logistics services, making available courier services, and making available certain gems and jewellery certification services, and payment facilitation through a nodal bank(s) under applicable laws, you understand, agree and acknowledge that platform will engage independent third-party service providers to perform these services. The platform may on a reasonable efforts basis procure ordinary industry standards warranted from these third parties.
Usage of the website 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 Website. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the ABCHAUZ website and shall not transact on or use the website. As a minor, if you wish to use or transact on the website, such use or transaction may be made by your legal guardian or parents on the Website. ABCHAUZ reserves the right to terminate your membership or refuse to provide you with access to the Website if it is brought to ABCHAUZ'S notice or if it is discovered that you are under the age of 18 years.
You being a registered user 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 have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, We shall have the right to indefinitely, suspend, terminate or block access of your membership on the Website and refuse to provide you any access to the Website.
When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable and you consent to receive communications via electronic records from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.
Membership on the website is free for buyers. ABCHAUZ reserves the right to change its Fee Policy from time to time. In particular, there may be new services and modify some or all of the existing services offered on the Website. In such an event we reserve the right to introduce fees for the new services offered or may amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the website and such changes shall automatically become effective immediately after they are posted on the website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance with all applicable laws including those in India for making payments.
You are responsible for paying all fees (if any) associated with the use of the website and you agree to bear any applicable taxes, charges, cesses etc. levied thereon.
You understand and agree that the platform and the Website merely provide services to its Registered Users and persons browsing/visiting the website. All items advertised/listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third party contents. The Website also contains various third party user-generated content and material. The Platform does not originate nor initiate the transmission, nor does it select the sender and receiver of the transmission, nor selects or modify the information contained in the transmission. The platform has no control over third-party user-generated content.
You are solely responsible for your information, and the platform and the website act only as a passive conduit for your online distribution and publication of your information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
The platform may from time to time contract with third-party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery, demand draft/pay, Unified Payment Interface(UPI), order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
You, as a Buyer, may agree on electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension/increase of Dispatch/Delivery time/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
For electronics payments, refunds shall be made through a payment facility using NEFT/RTGS or any other online banking/electronic funds transfer system approved by Reserve Bank India (RBI).
ABCHAUZ reserves the right to impose limits on the number of Transactions or Transaction Price which we may receive from on an individual Valid Credit/Debit/ Cash Card/Valid Bank Account and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
ABCHAUZ may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if ABCHAUZ deems suspicious or for Buyers conducting high transaction volumes to ensure the safety of the Transaction and Transaction Price. In addition, ABCHAUZ may hold Transaction Price and may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
The Buyer must comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, Export Import-Export Policy of the government of India) applicable to them respectively for using Payment Facility and Brick2wall Website.
You shall indemnify and hold harmless ABCHAUZ, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, partners, 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.
Without limiting other rights and remedies, the platform may limit your activity, immediately remove your information or buys, or end your listing, 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:
The platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to the platform and 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.
This site is controlled and operated by ABCHAUZ. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights. Materials on the website are 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 in doing so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website 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 this clause.
ABCHAUZ does not regulate private communication, including email correspondence. Users are expected to maintain professionalism, courteousness and respectfulness when communicating by email. However, ABCHAUZ will investigate and can take action on certain types of unwanted emails that violate ABCHAUZ policies.
If any dispute arises between you and Platform during your use of the website or your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
In accordance with Information Technology Act, 2000 and rules made there under and the Consumer Protection Act,2019 and the Consumer Protection (E-Commerce) Rules, 2020 the name and the contact details of the Grievance Officer are provided below:
Email: info@abchauz.com
