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This document
is an electronic record in terms of the Information Technology Act, 2000 and
rules there under as applicable and the amended provisions pertaining to
electronic records in various statutes as amended by the Information Technology
(Amendment) Act, 2008 and amendments from time to time. This electronic record
is generated by a computer system and does not require any physical or digital
signatures.
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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 agreement for access and/or
transacting and/or usage of www.aetherdigital.in and sets out the terms and
conditions governing it and the disclaimer (“Terms & Conditions”).
·
Use of this
Website is regulated by the Terms & Conditions provided herein. The
Customers visiting, dealing, transacting and/or otherwise using this Website
shall be treated as Customer run conditional acceptance of these Terms &
Conditions in entirety. There is an option given during the course of every transaction
to enable the Customer to express his/her acceptance of these Terms &
Conditions. Please exercise the said option during the course of any
transaction after going through these Terms & Conditions, as Customer
acceptance by clicking on “I Agree” shall be deemed that Customer has/ have
accepted these Terms & Conditions fully and Customer has/ have gone through
and understood these Terms & Conditions completely and these Terms &
Conditions shall be treated as legally binding and enforceable agreement
between the Company and Customer.
·
The
information, products and services, offered on this Website or through other
mediums, whether now known or hereafter developed, is solely for the Customer’s
information and subject to the Customer’s acceptance without modification of
the terms, conditions and notices contained herein and should not be considered
as a substitute for professional advice. Customer’s use of the Website and/or
services is subject to the additional disclaimers and caveats that may appear throughout
the Website. The Company, its affiliated companies, associate companies,
subsidiaries, consultants, contractors, advisors, accountants, agents, partners
and/or suppliers assume no responsibility for any consequence relating directly
and/or indirectly to any action and/or inaction that the Customer take based on
the information, services, Products and other materials offered on this
Website. While the Company strives to keep the information relating to the
Products offered on this Website accurate, complete and up-to-date, the
Company, its subsidiaries, affiliates, associate companies, accountants,
advisors, agents, consultants, contractors, and suppliers cannot guarantee, and
will not be responsible for any damage and/or loss related to, the accuracy,
completeness or timeliness of the information or product expiry date.
·
The Company
reserves the sole right and discretion to add, alter, amend, and revise the
terms and conditions from time to time.
·
The Company
may change, suspend and/or discontinue the Product(s) at any time, including
the availability of any feature, Pricing Policies/Rate Cards, database etc and
content on the Website. The Company may also impose limits on certain features
and services and/or restrict Customer’s access to parts and/or all of the
services without notice and/or liability to the Customers.
·
Customer
shall be entitled to use his/her valid credit/debit and/ or any other payment
cards, online banking facility to make payment against any transaction being
effected at the Website. Customer shall be bound to use his/her own
credit/debit and/ or any other payment cards, online banking accounts to make
any payment. Customer undertakes and confirms that he/she would furnish
correct, complete and accurate detail of credit/ debit and/or any other payment
cards, online banking accounts and shall be solely responsible for any cost,
expense, loss and/or damage which may suffer to Customer due to furnishing of
wrong detail/information relating to his/her credit/debit and/ or any other
payment cards or online banking accounts.
·
Customer
expressly agrees and declares that the Company shall not be liable for the loss
of any nature whatsoever including without limitation indirect, consequential,
special and/or incidental to the Customer arising, directly or indirectly, out
of decline of authorization for any transaction, resulting from the Customer
exceeding his/her preset permissible payment limit under the credit/debit
and/or any other payment cards and/or online banking accounts.
·
The Company
confirms that the details provided by Customer in this regard shall be kept
confidential and shall not be disclosed to any third party except to the extent
required under the rules of any stock exchange and/or by applicable laws,
regulations and/or processes of any government authority and/or in connection
with any judicial process regarding any legal action, suit and/or proceeding
arising out of and/or relating to this Agreement.
·
The Company
captures certain information during the online payment process, including time,
date, IP address, and other information that will be used to locate and
identify individuals committing fraud. If any order is suspected to be
fraudulent, all records will be submitted with or without a subpoena to all law
enforcement agencies and to the credit/debit/cash card Company for fraud
investigation. The Company will cooperate with authorities to prosecute
offenders to the full extent of the law.
·
The Company
shall take all reasonable precautions to protect the information provided by
the Customer. However, it is expressly provided and accepted by the Customer
that the Company shall not be responsible in any manner whatsoever for any
third party action which results in the information provided by the Customer
being exposed and/or misused by such third party who accessed such information
without any authorisation from the Company.
·
In respect of
any failed transaction processed online, the transaction failure charges
payable to the payment gateway and/or respective banks/financial institutions
in respect of the failed transaction shall be charged by the Company to the
Customer.
·
In case of
online transaction wherein any amount deducted from the customer’s account and
not received by the Company, the customer shall get the same addressed and
resolved with its/their banks/financial institutions, the Company shall not be
liable and responsible in respect thereof for any reason whatsoever. In case
any interest/penalty arising out of any delay in transmitting the payments by
the customer and its banks/financial institution to the Company in respect
thereof, the same shall be paid by the Customers only.
·
The Customer
shall be liable and responsible to comply with laws, rules and regulations
applicable to purchase, as applicable. The Company shall not be held liable and
responsible for the same and the customer shall keep the Company indemnified in
case of any breach in respect thereof.
·
The Customer
shall be liable and responsible for any rules regulations, circulars issued by
Reserve bank of India (RBI) and all other applicable Acts and Statutes.
·
The Company
shall not be liable and responsible for the source of funds of the Customers
and/or any tax and statutory/legal implications applicable to the Customers.
·
The Customer
shall only visit the website and shall not use the domain name www.aetherdigital.in.
The proprietary right of the domain name shall always be with the Company.
·
The Customer
shall not use, download, copy or imitate any pictures, materials from the
Website in violation and contravention of the Trademark Laws in India.
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In the event
of any wrong pricing or invoicing due to any technical reasons whatsoever, then
in that event, the Company shall have the right to rectify and recover the
right price and the Customer shall be bound by the same.
·
The Customer
will get a discount coupon of 10% at the time of logging on to the Website and
after filling their name, delivery address, mobile number and email address.
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Prices of the
goods indicated on the Website are inclusive of all taxes.
·
The Company
shall not have any liability in case it does not deliver the goods on estimated
delivery date.
· Courts at Mumbai shall have exclusive jurisdiction with respect to a dispute arising between the Company and the Customer.