This Terms of Use is drafted in order to regulate the terms and conditions of usage and access to Website (defined hereinafter) and the Services (defined hereinafter). No physical or digital signature is necessitated in order to validate this Agreement.
INTRODUCTION AND ACCEPTANCE
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The Website is owned by AVJ Baby Needs LLP. with its office situated at a Sri Kalki Arcade, 404, RBI Colony, Phase 2, Kavuri Hills, Madhapur, Hyderabad, Telangana 500081 (hereinafter referred to as "avjbabyneeds", "we", "us", "our"). The Website, www.avjbabyneeds.com ("Website"), is a platform that enables the user to order items for home delivery. ("Services").
- Your use of the Website is governed by the following terms and conditions ("Terms of Use"/ "Terms") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. By mere use of the Website, you shall be contracting with the avjbabyneeds.com and these Terms.
- For the purpose of these Terms of Use, wherever the context so requires "you" or "User" or "your" or shall mean any natural or legal person who visits our Website by browsing.
- The Website is made available for your own, personal use. The Website must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. 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 Website for availing the Services. When you use the Website you must comply with AVJ Baby Needs 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. The most current version of the Terms will supersede all previous versions. You understand that your use of the Service after any changes to the Terms of Use or addition of new policies constitutes your acceptance to be bound by the most recent version of the policies. It is your responsibility to review these Terms of Use periodically for updates / changes.
- Your accessing, browsing or otherwise using the Website indicates your agreement to all the terms and conditions under these terms. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by the Privacy Policy and all other policies and terms mentioned on Website. If the Terms of Use (including changes and additions thereto) are not acceptable to you, you shall immediately stop browsing/using our Website without any delay.
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You, hereby, expressly consent to receive communications and newsletters from us by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from us at any time by sending us an email at grievance@avjbabyneeds.com.
USE OF WEBSITE
You agree that when using the Website, you will comply with all applicable laws and these Terms. In particular, but without limitation, you agree not to:
- Use the Website in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
- Attempt to gain unauthorized access to the Website or any networks, servers or computer systems connected to the Website, or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means; or
- Modify, adapt, translate or reverse engineer any part of the Website or re-format or frame any portion of the pages comprising the Website, save to the extent expressly permitted by these Terms or by law; or
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website.
- You shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to Website, or any other customer, including any account on the Website not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website; or
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the terms of Website or otherwise engage in any conduct or action that might tarnish the image or reputation, of avjbabyneeds.com or otherwise tarnish or dilute any the trade or service marks of avjbabyneeds.com, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or its systems or networks, or any systems or networks connected to avjbabyneeds.com.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
PAYMENT
- Avjbabyneeds.com makes available the Services and, either directly or through a third party service provider, processes payment transactions for purchases on behalf of merchants as the agent of the merchants through the payment networks.
- When you make a purchase, you authorize us, as agent for the Merchant, to submit the charge in the amount of the purchase (including any gratuities, fees and taxes) to your payment method as well as any credits in connection with chargebacks, reversals, refunds or adjustments. Upon receiving the proceeds of the transaction, your payment obligation to the Merchant will be deemed completed (except in the case of a later chargeback or reversal).
- You must provide a valid payment method to pay for your purchases made through any of the Services. You authorize us to confirm your payment method is in good standing with the issuing financial institution. In order to do so, we may obtain an authorization to charge your payment method for a payment transaction. This authorization may reduce your available funds balance by the authorization amount until the payment transaction is actually charged to your payment method and the proceeds are processed and settled. Please contact your payment method issuer if you have questions regarding the status of an authorization or of a charge to your payment method. You agree that avjbabyneeds.com, on behalf of the merchant, may resubmit a payment transaction for processing to a payment network in the event a prior Payment Transaction was declined or returned.
- If you choose to store payment method information with us for your convenience and use in future transactions, you agree that we may receive up-to-date information on your payment method information (such as card number or expiration date) through services available from the card networks and may update your payment method credentials stored with us (if you choose to store your Payment Method credentials) from time to time.
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We may delay processing of or hold or cancel processing of any payment transaction upon the direction of the merchant or if we believe, in our sole discretion, that the transaction is invalid, suspicious, involves misconduct or fraud, or otherwise violates applicable law and rules, these Terms of Use, or any other policies.
- Payments made through the Services are also subject to the terms of your agreement with your payment method issuer. You are solely responsible for any charges or fees that may be imposed by your payment method issuer as a result of using the Services.
DISCLAIMER AND LIMITED LIABILITY
- Use of the Website is at your own risk. The Website is provided on an "as is" basis. To the maximum extent permitted by law:
We disclaim all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to the Website; and
All implied warranties, terms and conditions relating to the Website (whether implied by statute or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are, as between avjbabyneeds.com and you, hereby excluded in particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the Website; or any damage or injury to users or their equipment as a result of or relating to their use of the Website in no event shall the company be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use and usage of the Website. -
You agree, understand and acknowledge that AVJ Baby Needs/avjbabyneeds.com assumes no responsibility with regard to acts/omissions of the Third Party Service Providers ("TSPS") such as delivery partners and shall not be liable in any manner whatsoever for any liability, loss, damage or compensation that is legally attributable to the TPSPs of the Services. AVJ Baby Needs/avjbabyneeds.com shall not be liable towards you or any person acting on your behalf, with regard to the quality, suitability or the intended use of the Services availed through the Website (whether directly or indirectly).
- Avjbabyneeds.com assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of Website.
- Avjbabyneeds.com has exerted reasonable efforts to ensure that all information published on the Website is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We further reserve the right to modify or withdraw any part of the Website or any of its content at any time without notice at our role discretion.
- Avjbabyneeds.com does not warrant or endorse the effectiveness, quality or safety of the Service available on its Website. Avjbabyneeds.com accepts no responsibility for any loss or damage suffered due to your reliance on the Service reviews posted by other users/visitors of the Restaurant.
LINK TO THIRD PARTY SITES
- These Terms apply to all the users of the Service. The Website may entail links to third party websites/app that are neither controlled not owned by Avjbabyneeds.com. Avjbabyneeds.com has no control over the content on such websites and therefore devolves itself of all the responsibilities for the text, software, scripts, graphics, photos, sounds, music, videos, audio-visual combinations, interactive features and miscellaneous materials you may come across /access through, or contribute to the service and the privacy policies, terms of service or practices of any third party websites/app. Further, Avjbabyneeds.com is not authorized to edit any third party's content. By using the Service, you expressly devolve the Restaurant of all its liability arising from your usage of any third-party website.
INDEMNITY
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You, hereby, agree to indemnify and hold harmless AVJ Baby Needs from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by you directly or indirectly by reason including but not limited to the following:
Your use/misuse of or access to the Website;
Your violation of these Terms;
Any activity related to your internet account (including negligent or wrongful conduct) by you or any other person accessing the Website using your internet account;
From any transaction you conduct as a result of the contact facilitated by the Website; From your infringement of any intellectual property rights in any posting to or transmission via the Website.
RIGHTS OF AVJBABYNEEDS.COM
- If Avjbabyneeds.com has suspicion or knowledge, that any of its users are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Avjbabyneeds.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Services of such user and /or disqualify that user and any related users from availing Services through the Website.
- Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other ruler and policies, we reserve the right to recover any amounts due by you to us and to take strict legal action against you.
INTELLECTUAL PROPERTY RIGHTS
- All material on this Website, including but not limited to images, pictures, logos, Contents ("Intellectual Property") are protected by copyrights, trademarks, and other intellectual property rights.
- All existing and future Intellectual Property in the nature of unregistered or registered rights to any and all patents, copy rights, trademarks of Avjbabyneeds.com, shall be the sole property of the Avjbabyneeds.com.
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You acknowledge and agree not to use, reuse, and challenge any of our applications, registration of any of our Intellectual Property, anywhere in the world. You shall not copy, reproduce, republish, upload, post, transmit or distribute our Intellectual Property in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so.
DECLARATIONS AND ACKNOWLEDGEMENT BY USER
- Some Services displayed on this Website may be offered by Third Party Service Providers.
- Avjbabyneeds.com shall not in whatsoever manner resolve or mediate any dispute or disagreement between the user/Start-ups and Third Party Service Providers.
- This Website does not make any representation to the services offered by the Third Party Service Providers displayed in this Website.
- You understand, acknowledge and accept that Avjbabyneeds.com shall not held liable in whatsoever manner for any but not limited to actions, commissions, misconduct, fraud or negligence of Third Party Service Providers.
- This Website shall not guarantee the service quality, damage, price estimates etc. However, the Website may only display an estimate for Services.
PRIVACY
We view protection of your privacy as a very important principle. We understand clearly that you and your sensitive personal information is one of our most important assets. We store and process your information including any sensitive financial information collected if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures. You are advised to go through our Privacy Policy placed in our Website.
NOTICES AND SERVICES MESSAGES
- You hereby agree that we may provide notices to you in the following ways:
A banner notice on the service; or
An email sent to the email id mentioned by you; or
Through other means including but not limited mobile no, other contact no provided by you. - You, hereby, expressly consent to receive communications and newsletters from Avjbabyneeds.com by SMS and e-mails and in any other manner provided hereinabove. You can unsubscribe / opt-out from receiving communications from Avjbabyneeds.com at any time by sending us an email at grievance@Avjbabyneeds.com.
GOVERNING LAW
These Terms and your use of the Service are governed by and construed following the Jurisdiction of India.
FORCE MAJEURE
We shall not be liable for any failure to perform any Services, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of Avjbabyneeds.com and in such case our obligations with regard to the Services shall be suspended for so long as such event continues.
SEVERABILITY
If any term or provision in this Terms shall be held illegal or enforceable, in whole or part, under any enactment or rule of law, such provision or part to that extent be deemed not to form the part of this agreement, but the validity and enforceability of the remainder of this agreement shall not be affected.
GRIEVANCE MECHANISM
The name and contact details of the Grievance Officer are provided below:
Name: Mr. Ashwani Chalasani
Email: grievance@avjbabyneeds.com