Terms & Conditions
In using the website service of the www.aktiwari.com (which shall be referred to herein as “we”, “us” or “www.aktiwari.com”), you are deemed to have accepted the terms and conditions listed below:
All products, services, treatment, content and/or other information (collectively, the “Content”) displayed on our website (“Site” constitute only an "invitation to offer", which means any attempt to purchase any Content on the Site shall constitute your "offer" to purchase, and shall be subject to the terms and conditions as listed below. Company reserves the right to accept or reject any such offer or request. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your request and email you again to confirm details if and when we agree to fulfill your request. No act or omission of www.aktiwari.com prior to the actual processing of your request will constitute acceptance of your offer.Membership Eligibility
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including un-discharged insolvents and minors under the age of 18, etc., are not eligible to use the Site.
The Site www.aktiwari.com is not available to persons whose membership has been suspended or terminated by www.aktiwari.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. www.aktiwari.com makes no representation that any of the Content referred to on the Site are appropriate for any specific use, or available outside India. Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. www.aktiwari.com will deliver the services only within India and will not be liable for any claims relating to any services outside India.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any request submitted. By using the services of www.aktiwari.com you agree to be bound by the Terms and Conditions.Account and Registration Obligations
- Provide true, accurate, current and complete information about yourself as prompted by www.aktiwari.com's registration form (such information being the "Registration Data").
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if www.aktiwari.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, www.aktiwari.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
While www.aktiwari.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. www.aktiwari.com cannot confirm the price service until after you submit your request. In the event that a service is listed at an incorrect price or with incorrect information due to an error in pricing information, www.aktiwari.com shall have the right, at its sole discretion, to reject any request(s) placed for that service, unless the service has already been received/availed by the member.
Unless the product or service requested by you has been received by you, your offer will not be deemed accepted and www.aktiwari.com will have the right to modify the price of the product and contact you for further instructions prior to acceptance by using the e-mail address provided by you during the time of registration, or rejecting the order and notify you of such rejection.Third Party Products
You understand and agree that there may be certain products and services sold by third party vendors (“Vendors”) on the Site. www.aktiwari.com may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. When you buy such products or services from Vendors on the Site the following additional terms and conditions will become applicable:
www.aktiwari.com is not responsible for any non-performance or breach of any contract or other obligation between you and the Vendor. www.aktiwari.com cannot and does not guarantee that any Vendor will perform any transaction concluded on the Site.
www.aktiwari.com does not make any representation or warranty as to the attributes (such as quality, worth, marketability etc.) of the products or services offered by a Vendor on the Site. In particular, www.aktiwari.com does not implicitly or explicitly support or endorse the sale of any products or services by a Vendor on the Site. www.aktiwari.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
You release and indemnify www.aktiwari.com and/or any of its officers, directors, employees, agents and representatives from any cost, damage, liability or other consequence of any of the actions or omissions of any Vendor and specifically waive any related claims that you may have under any applicable law. Notwithstanding its reasonable efforts, www.aktiwari.com cannot control the information provided by Vendors which are made available on the Site. You may find a Vendor’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense. All other terms and conditions of this User Agreement are applicable to such transactions.
www.aktiwari.com reserves the right to include or remove any Vendor from the Site at any time and for any reason without notification to the members and/or customers.Credit/debit card Details
You agree, understand and confirm that the credit/debit card details provided by you for availing of services on www.aktiwari.com will be correct and accurate and you shall not use the credit/debit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit/debit card details to www.aktiwari.com. Such information will not be utilized and shared by www.aktiwari.com with any third parties unless required by law, regulation or court order. www.aktiwari.com will not be liable for any credit/debit card fraud. You shall bear any liability for fraudulent or other improper use of a credit/debit card, and any obligation to prove that such use is not fraudulent or improper shall be exclusively yours. You may please note that www.aktiwari.com does not store any information of your credit/debit card in its systems, or its applications, or its databases.Fraudulent /Declined Transactions
When you visit the Site or send us emails, you are communicating with us electronically and shall be deemed to consent to receive communications from us electronically.. We will communicate with you by email or by posting notices on the Site, in addition to other forms of communication. 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.You Agree and Confirm
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by www.aktiwari.com for re-delivery shall be recoverable from you.
- That you will use the services provided by www.aktiwari.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
- You will provide authentic and true information in all instances where such information is requested of you. www.aktiwari.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), www.aktiwari.com has the right in its sole discretion to reject the registration and debar you from using the services of www.aktiwari.com and/or other affiliated websites without prior notice.
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. That the address at which delivery of the products or services ordered by you is to be made will be correct And proper in all respects.
- That before placing a request you will check the product or service description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
- 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.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Site.
- Breaching any applicable laws;
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.Modification of Terms and conditions of Service
www.aktiwari.com may at any time modify the User Agreement without any notification to you. You can access the latest version of the User Agreement at any given time on our website. You should regularly review the User Agreement on our website. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Gautam Buddha Nagar, Uttar Pradesh shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference, either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by www.aktiwari.com and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitration shall be held in District Gautam Buddha Nagar, Uttar Pradesh. The Courts at Gautam Buddha Nagar, Uttar Pradesh alone shall have the jurisdiction and the Laws of India shall apply.Reviews, Feedback, Submissions
Reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to www.aktiwari.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain www.aktiwari.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to www.aktiwari.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, www.aktiwari.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments.
www.aktiwari.com will 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. www.aktiwari.com is and shall be under no obligation:- to maintain any Comments in confidence;
- to pay you any compensation for any Comments; or
- to respond to any Comments.
You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
You further agree that no Comments submitted by you to the Site will 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".
www.aktiwari.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant www.aktiwari.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email 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 www.aktiwari.com and its affiliates for all claims resulting from any Comments you submit. www.aktiwari.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.Copyright & Trademark
www.aktiwari.com and its affiliates and their suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of www.aktiwari.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to www.aktiwari.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of www.aktiwari.com. You may not modify, distribute or re-post anything on this website for any purpose.
The website www.aktiwari.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of our www.aktiwari.com or its affiliated partners. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply www.aktiwari.com endorsement, sponsorship or recommendation of the third party, information, product or service.
www.aktiwari.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
Materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of www.aktiwari.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by www.aktiwari.com, one of its affiliates or by third parties who have licensed their materials to www.aktiwari.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of www.aktiwari.com and is also protected by Indian and international copyright laws.Objectionable Material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, www.aktiwari.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.Indemnity
You agree to defend, indemnify and hold harmless www.aktiwari.com, its employees, directors, officers, agents and their successors and assigns 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, which may result in any loss or liability to www.aktiwari.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.Termination
This User Agreement is effective unless and until terminated by either you or www.aktiwari.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site or any products or services offered by www.aktiwari.com on the Site. www.aktiwari.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to www.aktiwari.com. Upon any termination of the User Agreement by either you or www.aktiwari.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. www.aktiwari.com’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the service already availed from the Site or affect any liability that may have arisen under the User Agreement.Limitation of Liability and Disclaimers
The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while www.aktiwari.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. www.aktiwari.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, www.aktiwari.com shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of www.aktiwari.com to you for all liabilities arising out of this User Agreement is limited to the value of the service offered to you.
www.aktiwari.com, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, www.aktiwari.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" sending unsolicited email, including promotions and/or advertising of products or services; or forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. www.aktiwari.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from www.aktiwari.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and www.aktiwari.com with respect to the www.aktiwari.com sites and services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.aktiwari.com with respect to the www.aktiwari.com sites/services. www.aktiwari.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.CANCELLATION / REFUND POLICY Rejection by www.aktiwari.com
Please note that there may be certain requests that we are unable to accept and must reject. We reserve the right, at our sole discretion, to reject or refuse any request for any reason. Some situations that may result in your offer being rejected include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or other problems we identify. We may also require additional verification or information before accepting any request. We will contact you on the email id or phone number provided at the time of registration if all or any portion of your request is rejected or if additional information is required to accept your request. If we have to cancel the request after we have processed the payment, the said amount will be reversed back to your credit/debit card/ bank account in accordance with our Refund Policy.Cancellations by the Customer