Terms of Service
In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
(a) The domain name www.awedio.in(hereinafter referred to as "Website") is owned by Forena Electronics Private Limited, a private company incorporated under the Companies Act, 1956/ Companies Act 2013 (including without limitation any amendments/subsequent legislations), having its office at A/301, Sheetal Home, Sheetal Nagar, Mira Road East, Thane District, Maharashtra - 400 055, India, where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
(c) The term "We", "Us", "Our" shall mean www.awedio.in. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
(d) The use of this Website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that you have read and agreed to be bound by all of the policies.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
(e) We hold the sole right to modify the Terms of Service without prior permission from you or informing you. The relationship creates on you a duty to periodically check the terms and stay updated on its requirements. If you continue to use the website following such a change, this is deemed as consent by you to the so amended terms. As long as you comply with these Terms of Service, we grant you a personal, non-exclusive, non-transferable, limited, revocable privilege to enter and use the website.
(f) The Website is an online source for information on electronic products such as Bluetooth headphones, audio instruments, speakers, etc. including the features, images, quality, design, technical specification, how to use the products, etc. The Website will contain links to third party websites from where users can purchase the featured products. Please note that the images on the website are only for representation and the actual product may differ from the images on the website. Users may also claim warranty on the featured products and submit complaints regarding the products on the Website.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under these documents and all other policies followed by us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
The usage of this website is free of cost and you shall not be charged for the services provided by the website. However, we reserve the sole right to amend or alter our Policy without prior notice to the you.
THIRD PARTY INFORMATION
The website shall host various include hyperlinks to other websites, content, resources and/or advertisements of third parties, which would be solely the intellectual property of the third party and the you are advised to use your own discretion before accessing any such third party content hosted on the website.
You are a restricted user of this website.
5.1 You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer or sell any material, information or software obtained from the website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes including educational purposes and unwarranted modification of data and information within the content of the Website is not permitted.
5.2 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content by sending an email to firstname.lastname@example.org.
5.3 You shall not:
a) Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation, thereby ensuring all information provided to the Website is true and correct. Non-compliance of the same requirement shall lead to immediate suspension of your account.
b) 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 may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any Website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
c) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated or linked sites;
d) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
e) Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
f) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
g) Violate any applicable laws or regulations for the time being in force within or outside India;
h) Violate the Terms of Service including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere;
i) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
j) Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
k) Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
l) Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.
5.4 This website contains material which is owned by us. This material includes, but is not limited to, details about the products featured, information on how to use the products; the design, layout, look, appearance of the website; questions, answers, reports and graphics. Reproduction is prohibited other than in accordance with the Intellectual Property notice, which forms part of these terms and conditions.
5.5 You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us.
5.6 You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Services to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.
5.7 Intellectual Property Rights: Unless the Website has otherwise agreed, nothing herein gives the User a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of this Agreement. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the website and other distinctive brand features of the Website are a property of the Company. Furthermore, with respect to the Website created by the company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. In no event shall We assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content from the Third Party on the Website. You hereby represent and warrant that You have all necessary rights in and to all information you provide it contains and that such information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
DISCLAIMER OF WARRANTIES AND LIABILITIES
You expressly understand and agree that, to the maximum extent permitted by applicable law:
The website, services and other materials are provided by this website is on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, The Website makes no warranty that:
(i) Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
(ii) the reviews provided about the latest mobiles and gadgets are error free; and
(iii) any errors or defects in the website, services or other materials will be corrected.
To the maximum extent permitted by applicable law, we will have no liability related to third party related content arising under Intellectual Property Rights, libel, privacy, publicity, obscenity or other laws. The Website also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
The User understands and agrees that search and comparison of the products listing undertaken, provided by the website, is done entirely at their own discretion and risk and they will be solely responsible for any consequences whatsoever that arise out of it. The Website accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
We shall not be liable for any third party product or services. The advertisement available on e-mail or website with respect to the third party website or the products and services are for information purpose only.
INDEMNIFICATION AND LIMITATION OF LIABILITY
In no event shall we, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the website, services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
LIMITED TIME TO BRING YOUR CLAIM
You and the Company agree that any cause of action arising out of or related to the website, only, must commence within one (1) year after the cause of action accrues otherwise, such cause of action will be permanently barred.
DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
9.1 Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole arbitrator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties. However, the parties in good faith will attempt to bind by the decision.
9.2 Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in the state of NCT of Delhi. The mode of appointment of the arbitrators is as provided above.
In the event of the dispute resolution mechanism failing, the matter shall be subject to Indian laws in the jurisdiction of the courts of Mumbai, Maharashtra, India.