1. DEFINITION AND INTERPRETATIONS APPLY TO CONSUMER TERMS & CONDITIONS:
    • Agreement: refers to these Terms & Conditions, as amended from time to time.
    • Business Day: means any day that is not a Sunday, or public holiday in India.
    • Force Majeure: refers to any event or circumstance, or combination thereof, occurring or subsisting after the Effective Date, which is not reasonably foreseeable as of the Effective Date and which is beyond the reasonable control of AKSAS, including but not limited to: flood, lightning, storm, typhoon, tornado, earthquake, landslide, soil erosion, subsidence, washout, radioactive contamination, or epidemic; war (declared or undeclared), blockade, insurrection, military uprising, or act of public enemies; revolution, rebellion, civil war, riot, civil disturbance, civil commotion, terrorist acts, seizure, or act of sabotage, imposition of sanctions, embargo, or breaking off diplomatic relations; and trade or labor disputes, strike, lockout, or industrial disturbance.
    • Intellectual Property Rights: refers to patents, rights to inventions, copyright and related rights, trademarks, business names, and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use and protect the confidentiality of confidential information (including know-how), and all other intellectual property rights, whether registered or unregistered, including applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection that subsist or will subsist now or in the future in any part of the world.
    • Laws: means all applicable local, federal, and international laws, including treaties, statutes, decrees, edicts, codes, orders, judgments, rules, ordinances, and regulations of any local, municipal, territorial, provincial, federated, national, or any other duly constituted governmental authority or agency of any governmental authority.
    • AKSAS: refers to AKSAS Plus Software and Equipment Pvt. Ltd. and is referred to as “AKSAS,” “We,” “Us,” “Our,” or “Company.” One-off
    • Purchase: refers to a purchase made by the User from the Website on a one-time basis.
    • Price: refers to the price (as may be amended from time to time) payable by the User to purchase any type of product.
    • Product(s): refers to any product displayed on the Website.
    • Terms & Conditions: refers to these Terms & Conditions as amended from time to time and is referred to as “Terms,” “Conditions,” or “these Terms & Conditions.”
    • Third Party: refers to any individual(s), corporate, or entity apart from the User and AKSAS. User Account: refers to the User’s account set up to use the Website.
    • User: refers to any natural or legal person who has agreed to become a user by logging in and/or ordering from the Website and is referred to as “You,” “User,” or “Users.” Website: refers to “https://aksasplus.com,” a website that Users can access to purchase any displayed product.
  1. ELIGIBILITY & REGISTRATION REQUIREMENTS
    • To register on the Website, you must meet the following eligibility criteria: • You must be at least 18 years of age. If you are a minor, you may only use the Website through a legal guardian. • You must provide accurate and up-to-date information, including your name, gender, date of birth, email address, mobile number, and delivery address. • You must provide valid payment and billing information.
    • Although registration is free of charge, we reserve the right to decline or suspend your registration if we discover that: • You are a minor. • You have provided incomplete or inaccurate information. • You have provided information on behalf of a third party. • You have provided false or misleading information.
    • We may verify your identity before approving your registration. Once you have successfully completed the registration process, your registration will continue indefinitely, subject to suspension or termination as specified in these Terms & Conditions.
  2. USER WARRANTIES, REPRESENTATIONS & UNDERTAKINGS
    • The User shall always comply with:
      • All applicable Laws and Regulations in force within or outside the Territory;
      • These Terms &Conditions including but are not limited to the attached Schedules.
    • By using and /or purchasing from the Website, the User expressly represents and warrants that he is legally entitled and has the right, authority, and capacity to do so.
    • The User shall only use the Website for his personal use, and may not assign, transfer, or authorise any other person or entity to use his Account.
    • By accessing, using and /or purchasing from the Website, the User confirms that he has read, understood, and agreed to be bound by the Terms & Conditions including but not limited to the attached Schedules.
    • The User shall not publicly speak, write, publish, or act on behalf of the Website and/or the Company unless authorized.
    • The User shall not represent the Company, Products, and the Website, in any event, platform, or organization unless authorized in writing.
    • The User is solely responsible for protecting the confidentiality of his username and password, and any activity under the account shall be deemed to have been done by him.
    • If the User creates and/or uses an account on behalf of an entity, he shall represent that he is authorized to act on behalf of such business and bind the business to these Terms& Conditions. Such an account is deemed to be owned and controlled by this entity.
    • The User undertakes that any content submitted as part of the use of the Website does not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).
    • The User agrees to ensure that the email address provided is always valid and shall keep his contact details accurate and up to date.
    • The User shall not cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information obtained from the Website.
    • The User shall not access (or attempt to access) the Website by any means other than through the interface that is provided by the Website.
    • The User shall not use the Website or in any manner that may impair, overburden, damage, disable or otherwise compromise Website (ii) any other party’s use and enjoyment of Website’s services.
    • The User shall not trace or seek to trace any information on any other user, of or visitor to, the Website, or exploit the Service or information made available or offered by or through the Website, in any way whether the purpose is to reveal any information, including but not limited to personal identification information, other than his information.
    • The User shall not disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, servers, or networks connected to or accessible through the Website or any affiliate.
    • The User shall not use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms & Conditions or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or violates any applicable laws or regulations for the time being in force within or outside the Territory.
    • The User shall not publish, post, or disseminate, any grossly harmful information, 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; or unlawfully threatening or harassing.
    • The User acknowledges and agrees that by accessing or using the Website, he may be exposed to content from other Users or Third Parties that he may consider offensive, indecent, or otherwise objectionable. We disclaim all liabilities arising from such offensive content on the Website. Further, the User must report such offensive content.
  3. BUYING PRODUCTS
    • 4.1  PRODUCTS DISPLAY & COLORS
      • Product images are for illustrative purposes only and may differ from the actual product. Due to differences in lighting during photo shooting and monitors;
      • The colours of products may also appear different from those displayed on the Website because every computer monitor has a different capability to display colours, and everyone sees these colours differently;
      • We try to edit our photos to show the samples as real as possible, however, the actual colour may vary slightly from your monitor. The actual product may vary due to its enhancement. The images on https://aksasplus.com/ are copyright protected. We reserve the right to change product images and specifications at our sole discretion;
      • The Company reserves the right to offer new, updated, or additional products from time to time. The purchase of those products will be governed by these Terms & Conditions as may be subject to additional Terms & Conditions, which will be posted from time to time and with which Users must comply;
      • By continuing to use the Website, The User expressly consents to any additional Terms & Conditions associated with the new products.
    • 4.2   PRICING AND SELECTION
      •  Products may be mispriced due to human error or technical glitches. In such conditions, we will either contact the User for instructions before shipping or cancel the order and notify the User of such cancellation;
      • Prices and offers are subject to change at any time but will not be changed on any order already placed;
      • Prices for products exclude delivery/shipping costs, which if applicable will be added to the Customer Invoice;
      • Shipping/delivery charges will be calculated during the checkout process after you choose your preferred shipping/delivery method;
      • It is agreed that all prices are exclusive of Tax (GST);
      • Where TAX is payable by us the agreed consideration for the supply shall include the amount of TAX payable applicable at the prevailing rate at the time the supply is made as a result of the applicable legislation.
    • 4.3   PAYMENT METHODS 
      • You may pay for your orders with the following methods:
        • Credit/Debit card Online (you will be charged at the time you place your order).
      • Card payments can be made using any of the following:
        • Visa
        • MasterCard
      • American Express cards.
      • PayPal
    • 4.4   PROMOTIONAL CODES
      • 1. Promotional Codes are debited at the time an order is placed and will automatically be redeemed to purchase totals, up to the total purchase amount. Promotional Codes must be used before their expiration date and within a single transaction;
      • 2. Promotional/Coupon codes are only valid online and need to be entered into the shopping basket to obtain the discount.
    • 4.5   VALIDATING YOUR ORDER
      • All orders are subject to verification of the informations provided and the company reserves the right to reject any order if the informations are not valid, accurate, correct, and complete. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order.
      • The credit/debit card will normally not be charged if an order is rejected, but we will process a refund if the charge has been made against your card.
    • 4.6   ORDER LIMITATIONS/LIMITED QUANTITIES
      • We may, at our discretion, limit or cancel quantities purchased per person or order. These restrictions may include orders placed by, the same credit card, and/or that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. We reserve all rights to limit or prohibit sales if we suspect you, are a reseller.
  4. CANCELLATION POLICY
    • For complete information about the Cancellation Policy, refer to the Cancellation Policy at https://aksasplus.com/ .
  5. RETURN & REFUND POLICY
    • For complete information about the Return and Refund Policy, refer to the Return & Refund Policy at https://aksasplus.com/ .
  6. ERRORS ON THE WEBSITE
    • Mispricing and other errors (such as mistakes in product descriptions, availability, or any similar matter) will be corrected where discovered, and we reserve the right in our complete discretion to cancel any effected orders and refund any amounts paid in full, including after an order has been submitted and whether or not the order has been finally confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
  7. INTELLECTUAL PROPERTY – LICENSES, COPYRIGHT AND TRADEMARKS
    • All content included in or made available through the aksasplus Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AKSAS or another third party and is protected by local and international intellectual property laws. The compilation of all content included in or made available through https://aksasplus.com/ is the exclusive property of AKSAS and protected by local and international intellectual property laws.
    • In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the aksasplus Website are trademarks of AKSAS and other third parties and may not be used in connection with any other product or service or in any manner that is likely to confuse customers, or in any manner that disparages or discredits AKSAS and its third-party partners. All other trademarks not owned by AKSAS that appear on https://aksasplus.com/  are the property of their respective owners.
  8. PRIVACY POLICY
  9. INDEMNIFICATION
    • By accessing / ordering and purchasing from the aksasplus Website, you agree to defend, indemnify, and hold AKSAS and any of its parent company, subsidiaries, affiliates, officers, directors, employees, and agents harmless to the fullest extent permitted by law from and against any claims, costs, damages, losses injury, liabilities, and expenses, which may be suffered, incurred, or sustained arising out of. relating to, or in any way connected with:
    • Any act or omission (including negligence);
    • Violation or breach of these terms & conditions or any applicable law or regulation, whether referred to in these conditions or not;
    • Violation of any rights of any third party including third party intellectual property rights infringement;
    • Use or misuse of the website;
    • Violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or how you use the website, including, without limitation, the information you post, intellectual property rights of any third party or that the content of your listings is slanderous, defamatory, obscene or violates any other rights (including privacy rights) of any third party (including other website users).
  10. DISCLAIMERS & LIMITATION OF LIABILITY
    • By using the aksasplus.com Website, you expressly agree that the use of the aksasplus Website is at your sole risk. Neither the aksasplus Website and AKSAS, nor its parent company, affiliates, subsidiaries, or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, Associates) warrant that use of the aksasplus Website will be uninterrupted or error-free. Neither the aksasplus Website nor its Associates warrant the accuracy, integrity or completeness of the content provided on the aksasplus Website or the products or services offered for sale on the aksasplus Website. No oral or written information given by the aksasplus Website, or its Associates shall create a warranty.
    • Under no circumstances shall the aksasplus Website or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of, or inability to use, the aksasplus Website including but not limited to reliance by you on any information obtained from the aksasplus Website that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, cancellations of orders, delivery delays, or any failure of performance by AKSAS or the aksasplus Website of any kind. This Limitation of Liability shall apply in any action, whether in contract or any other claim, even if an authorized representative of the aksasplus Website has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the aksasplus Website.
    • The total liability applicable to us, our parent company, subsidiaries, and affiliates and our, and their directors, officers, agents, employee, suppliers, subcontractors, or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms& Conditions shall be limited to the price of the Product sold for and its original shipping costs.
  11. SUSPENSION, TERMINATION & CANCELLATION
    • We may, at our sole discretion, without prejudice to any of our rights and remedies and any liability to you, limit, suspend, or permanently withdraw your access to the Website, cancel any product(s) order, and/or remove hosted content submitted by you for any reason including, without limitation, the following:
    • We believe that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms& Conditions;
    • You use the Website for any unlawful and fraudulent purposes or in connection with a criminal offence or abuse our policy and rules;
    • You are suspected of inventory abuse or placing bulk orders. The following shall (without limitation) constitute inventory abuse or placing bulk order; invalid address given in order details;
    • Any order placed using a technological glitch/loophole;
    • You file invalid and/or false claims or provide false, incomplete, or misleading information;
    • You do not reply to the payment verification mail sent by us;
    • You fail to produce adequate information during the payment details verification;
    • You misuse credentials not belonging to you; you use an invalid address, email, and phone no; you abuse or harass the delivery staff;
    • If your access to the Website is terminated for any reason, we may delete any content or other materials relating to your use of the Website and we will have no liability to you or any third party for doing so.
  12. REPORTING VIOLATIONS OF TERMS&CONDITIONS
    • We are committed to ensuring that the listed Products and content of our Website comply with these Terms & Conditions. If you believe that a listed Product or content breaches these Terms & Conditions, please notify us at info@aksasplus.com.
  13. GENERAL PROVISIONS
    • 14.1  COMMUNICATIONS
      •  You may contact us through email, social media, or live chat on the Website;
      • By agreeing to the Terms & Conditions, it is deemed that you have consented to receive telephonic calls, SMS, and/or emails from us at any time we deem fit. Such communications shall be sent to you on the telephone number and/or email address. Such communications are for purposes that inter alia include clarification calls, marketing calls, and promotional calls. In case you wish to stop receiving notifications from us with regard to marketing and promotional calls, you may do so by sending an email to info@aksasplus.com;
      • When you use the aksasplus Website or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or and you can retain copies of these communications for your records. 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.
    • 14.2  THIRD-PARTY RIGHTS
      • A person who is not a party to these Terms & Conditions has no right to enforce any of its terms.
    • 14.3  PARTNERSHIP
      • Nothing contained in these Terms & Conditions shall be deemed or construed to create a partnership or joint venture between the parties hereto.
    • 14.4  FORCE MAJEURE
      • The Company shall not be in breach of these Conditions nor liable for delay in performing or failure to perform, any of its obligations under these Conditions if such delay or failure is caused by an event of Force Majeure. In the event of Force Majeure, we shall be entitled to a reasonable extension of time for performing our obligations. If the period of delay or non-performance continues for two (2) months, the User may terminate its Subscription by serving ten (10) business days’ written notice.
    • 14.5  ASSIGNMENT
      • The Company reserves the right to assign, novate, or otherwise transfer any of its rights, obligations, or interests under and in connection with these Terms & Conditions.
      • The User shall not assign, novate, or otherwise transfer any of his rights, obligations, or interests under and in connection with these Terms & Conditions.
    • 14.6  AMENDMENT
      • We reserve the right to change, amend, modify, and revise these Terms & Conditions at any time at our sole discretion, the User is responsible for reviewing and checking these Terms & Conditions periodically. Any continued use of the Website after a modified version of these Terms & Conditions is posted, is considered an acceptance to such amended or modified Terms & Conditions and that User agrees to be bound by such amended or modified Terms & Conditions. In either case, if the User does not wish to be governed by the updated version of these Terms & Conditions, he must send us a termination notice and immediately cease to use the Website.
    • 14.7  NOTICES
      • AKSAS may give notice using email in English to the user’s email address on record or by written communication sent by post to the User’s postal address on record. The User may give notice by means of email in English to legal@aksasplus.com.
    • 14.8  SEVERANCE
      • If the provision or part-provision of these Terms & Conditions is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
    • 14.9  WAIVER
      • No failure or delay by the Company to exercise any right or remedy provided under these Terms & Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
    • 14.10 ENTIRE AGREEMENT
      • These Terms & Conditions as amended from time to time constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations, and understandings between them, whether written or oral, relating to its subject matter.
    • 14.11 HEADINGS
      • The headings in these Terms & Conditions are included for convenience only and shall not affect their interpretation.
    • 14.12 GOVERNING LAW
      • These Terms & Conditions shall be governed by and construed by the laws of India and the applicable Federal Laws of the India.
    • 14.13 DISPUTE RESOLUTION
      • The parties shall, in good faith and with the spirit of cooperation, use all reasonable efforts to amicably settle any dispute that arises out of or about these Conditions or the breach, termination, or validity thereof through constructive discussions and negotiations.
      • If the Dispute is not settled amicably within nighty (90) days from the date the Dispute is first notified in writing to the other party, any party may have such Dispute settled exclusively by the courts of Dubai, which shall have exclusive jurisdiction to hear and determine any action or proceeding and to settle any disputes which may arise out of or about these Terms & Conditions.
    • 14.14 SURVIVAL
      • These Terms & Conditions shall survive termination of the User’s Subscription and/or the User leaving the Site following the One-off purchase.

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