Terms
& Conditions
Website Covered: www.avibay.com
THE AGREEMENT: The use of this website and services on this
website provided by Avibay Private Limited (hereinafter referred to as
"Owner") are subject to the following Terms & Conditions (hereinafter
the "Terms of Service"), all parts and sub-parts of which are
specifically incorporated by reference here. Following are the Terms of Service
governing your use of www.avibay.com (the "Website"), all pages on
the Website and any services provided by or on this Website
("Services").
By accessing either directly or through a hyperlink, the
Website, and/or purchasing something from us, you engage in our
"Service" and agree to be bound by the Terms of Service including
those additional terms and conditions and policies referenced herein and/or
available by hyperlink. These Terms of Service apply to all users of the site,
including without limitation vendors, buyers, customers, merchants, browsers
and/or contributors of content.
1) DEFINITIONS
The parties referred to in these Terms of Service shall be
defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and
publisher of the Website, makes the Website, and certain Services on it,
available to users. Avibay Private Limited, Owner, Us, We, Our, Ours and other
first-person pronouns will refer to the Owner, as well as all employees and
affiliates of the Owner.
b) You, the User, the Client: You, as the user of the
Website, will be referred to throughout these Terms of Service with
second-person pronouns such as You, Your, Yours, or as User or Client. For the
purpose of these Terms of Service, the term "User" or "you"
shall mean any natural or legal person who is accessing the Website. The term 'Your"
shall be construed accordingly.
c) Parties: Collectively, the parties to these Terms of
Service (the Owner and You) will be referred to as Parties.
2) ASSENT & ACCEPTANCE
By using the Website, You warrant that You have read and
reviewed these Terms of Service and that You agree to be bound by it. If You do
not agree to be bound by these Terms of Service, please leave the Website
immediately.
The Owner only agrees to provide use of this Website and
Services to You if You assent to these Terms of Service. Further, based on the
Services obtained by a User, additional terms and conditions in respect of the
specific Services may apply, which shall be deemed an agreement between the
Users and the Owner.
3) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to use this
Website, or any Services contained herein. By using this Website, You represent
and warrant that You are at least 18 years of age and may legally agree to
these Terms of Service. The Owner assumes no responsibility or liability for
any misrepresentation of Your age.
4) ABOUT THE SITE
The Website is an online store which carries out sales of
the following: Aerospace & Industrial Consumables. We reserve the right to
refuse service or refuse to sell the products on the Website at our sole
discretion to anyone for any reason at any time.
The Website does not screen or censor the users who
register on and access the Website. You assume all risks associated with
dealing with other users with whom you come in contact through the Website. You
agree to use the Website only for lawful purposes without infringing the rights
of or restricting the use of this Website by any third party.
5) LICENSE TO USE WEBSITE
The Owner may provide You with certain information as a
result of Your use of the Website or Services. Such information may include but
is not limited to, documentation, data, or information developed by the Owner,
and other materials which may assist in Your use of the Website or Services
("Owner Materials"). Subject to these Terms of Service, the Owner
grants You a non-exclusive, limited, non-transferable and revocable license to
use the Owner Materials solely in connection with Your use of the Website and
Services. The Owner Materials may not be used for any other purpose and this
license terminates upon Your cessation of use of the Website or Services or at
the termination of these Terms of Service.
You agree not to collect the contact information of other
Users from the Website or download or copy any information by means of
unsolicited access so as to communicate directly with them or for any reason
whatsoever.
Any unauthorized use by you shall terminate the permission
or license granted to you by the Website and You agree that you shall not
bypass any measures used by the Owner to prevent or restrict access to the
Website.
6) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the
Owner are the property of the Owner, including all copyrights, trademarks,
trade secrets, patents, and other intellectual property ("Owner IP").
You agree that the Owner owns all rights, title, and interest in and to the
Owner IP and that You will not use the Owner IP for any unlawful or infringing
purpose. You agree not to reproduce or distribute the Owner IP in any way,
including electronically or via registration of any new trademarks, trade names,
service marks or Uniform Resource Locators (URLs), without express written
permission from the Owner.
a) In order to make the Website and Services available to
You, You hereby grant the Owner a royalty-free, non-exclusive, worldwide
license to copy, display, use, broadcast, transmit and make derivative works of
any content You publish, upload or otherwise make available to the Website
("Your Content"). The Owner claims no further proprietary rights in
Your Content.
b) If You feel that any of Your intellectual property
rights have been infringed or otherwise violated by the posting of information
or media by another of Our users, please contact Us and let Us know.
7) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to
register with Us. When You do so, You will choose a user identifier, which may
be Your email address or another term, as well as a password. You may also
provide personal information, including, but not limited to, Your name. You are
responsible for ensuring the accuracy of this information. This identifying
information will enable You to use the Website and Services. You must not share
such identifying information with any third party and if You discover that Your
identifying information has responsible for maintaining the safety and security
of Your identifying information as well as keeping Us apprised been
compromised, You agree to notify Us immediately in writing. An email
notification will suffice. You are of any changes to Your identifying
information. The billing information You provide us, including credit card,
billing address and other payment information, is subject to the same
confidentiality and accuracy requirements as the rest of Your identifying
information. Providing false or inaccurate information or using the Website or
Services to further fraud or unlawful activity is grounds for immediate
termination of these Terms of Service. The Owner reserves the right to refuse
service, terminate accounts, or remove or edit content in its sole discretion.
8) PAYMENT & FEES
Should You register for any of the paid Services on this
website or purchase any product or service on this website, You agree to pay Us
the specific monetary amounts required for that product or those Services.
These monetary amounts ("Fees") will be described to You during Your
account registration and/or confirmation process. The final amount required for
payment will be shown to You immediately prior to purchase.
We reserve the right to refuse service or refuse to sell
the products on the Website at our sole discretion to anyone for any reason at
any time.
9) ACCEPTABLE USE
You agree not to use the Website or Services for any
unlawful purpose or any purpose prohibited under this clause. You agree not to
use the Website or Services in any way that could damage the Website, Services
or general business of the Owner.
a) You further agree not to use the Website or Services:
1) To harass, abuse, or threaten others or otherwise
violate any person's legal rights;
II) To violate any intellectual property rights of the
Owner or any third party;
III) To upload or otherwise disseminate any computer
viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling,
sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory
material;
VII) To publish or distribute any material that incites
violence, hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
You are prohibited from using the site or its content: (a)
for any unlawful purpose; (b) to solicit others to perform or participate in
any unlawful acts; (c) to infringe on any third party's intellectual property
or proprietary rights, or rights of publicity or privacy, whether knowingly or
unknowingly; (d) to violate any local, federal or international law, statute,
ordinance or regulation; ((e) to harass, abuse, insult, harm, defame, slander,
disparage, intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability; (f) to submit
false or misleading information or any content which is defamatory, libelous,
threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and
lascivious or pornographic, or exploits minors in any way or assists in human
trafficking or content that would violate rights of publicity and/or privacy or
that would violate any law; (g) to upload or transmit viruses or any other type
of malicious code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of
others; (i) to damage, disable, overburden, or impair the Website or any other
party's use of the Website; i) to spam, phish, pharm, pretext, spider, crawl,
or scrape; i) for any obscene or immoral purpose; or (k) to interfere with or
circumvent the security features of the Service or any related website, other websites,
or the Internet; (I) to personally threaten or has the effect of personally
threatening other Users. We reserve the right to terminate your use of the
Service or any related website for violating any of the prohibited uses. We
reserve the full authority to review all content posted by Users on the
Website. You acknowledge that the Website is not responsible or liable and does
not control the content of any information that may be posted to the Website by
You or other User of the Website and you are solely responsible for the same.
You agree that You shall not upload, post, or transmit any content that you do
not have a right to make available (such as, the intellectual property of
another party).
You agree to comply with all applicable laws, statutes and
regulations concerning your use of the Website and further agree that you will
not transmit any information, data, text, files, links, software, chats,
communication or other materials that are abusive, invasive of another's
privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading,
harmful, threatening, hateful or racially or otherwise objectionable, including
without limitation material of any kind or nature that encourages conduct that
could constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable local, state, provincial, national, or international law
or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove
content that we determine in our sole discretion are unlawful, offensive,
threatening, libellous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party's intellectual property or these Terms of
Service.
You may not use our products for any illegal or
unauthorized purpose nor may you, in thuse of the Service, violate any laws in
your jurisdiction (including but not limited to copyright laws).
10) COMMUNICATION
You understand that each time uses the Website in any
manner, you agree to these Terms. By agreeing to these Terms, you acknowledge
that you are interested in availing and purchasing the Services that you have
selected and consent to receive communications via phone or electronic records
from the Website including e-mail messages telling you about products and
services offered by the Website (or its affiliates and partners) and
understanding your requirements. Communication can also be by posting any notices
on the Website. You agree that the communications sent to You by the Website
shall not be construed as spam or bulk under any law prevailing in any country
where such communication is received.
11) PRIVACY INFORMATION
Through Your Use of the Website and Services, You may
provide Us with certain information. By using the Website or the Services, You
authorize the Owner to use Your information in India and any other country
where We may operate.
a) Information We May Collect or Receive: When You register
for an account, You provide Us with a valid email address and may provide Us
with additional information, such as Your name or billing information.
Depending on how You use Our Website or Services, We may also receive
information from external applications You use to access Our Website, or We may
receive information through various web technologies, such as cookies, log
files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered
from You to ensure Your continued good experience on Our website, including
through email communication. We may also track certain of the passive
information received to improve Our marketing and analytics, and for this, We
may work with third-party providers.
c) How You Can Protect Your Information: If You would like
to disable Our access to any passive information We receive from the use of
various technologies, You may choose to disable cookies in Your web browser.
Please be aware that the Owner will still receive information about You that
You have provided, such as Your email address.
If You choose to terminate Your account, the Owner may
store some information about You for future reference for the following number
of days: 30. After that time, it will be deleted
12) SALE OF GOODS/SERVICES
The Owner may sell goods or services or allow third parties
to sell goods or services on the Website. The Owner undertakes to be as
accurate as possible with all information regarding the goods and services,
including product descriptions and images. However, the Owner does not
guarantee the accuracy or reliability of any product information and You
acknowledge and agree that You purchase such products at Your own risk.
13) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any items You may purchase
from Us and You acknowledge and affirm that prices are subject to change. When
purchasing a physical good, You agree to provide Us with a valid email and
shipping address, as well as valid billing information. We reserve the right to
reject or cancel an order for any reason, including errors or omissions in the
information You provide to us. If We do so after payment has been processed, We
will issue a refund to You in the amount of the purchase price. We also may
request additional information from You prior to confirming a sale and We
reserve the right to place any additional restrictions on the sale of any of
Our products. You agree to ensure payment for any items You may purchase from
Us and You acknowledge and affirm that prices are subject to change. For the
sale of physical products, We may preauthorize Your credit or debit card at the
time You place the order or We may simply charge Your card upon shipment. You
agree to monitor Your method of payment. Shipment costs and dates are subject
to change from the costs and dates You are quoted due to unforeseen
circumstances. For any questions, concerns, or disputes, You agree to contact
Us in a timely manner at the following: sales@avibay.com.
If You are unhappy with anything You have purchased on Our
Website, You may do the following:
Customers can contact the Company using the email provided
on the website.
Once, the return is confirmed by the Company, the Company
will communicate further proceedings to return or refund the product.
We will make reimbursements for returns without undue
delay, and not later than:
i) 30 days after the day we received back from you any
goods supplied; or (ii) (if earlier) 30 days after the day you provide evidence
that you have returned the goods; or iii) if there were no goods supplied, 30
days after the day on which we are informed about your decision to cancel this
contract.
We will make the reimbursement using the same means of
payment as you used for the initial transaction unless you have expressly
agreed otherwise; in any event, you will not incur any fees as a result of the
reimbursement.
14) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or
disassemble any code or software from or on the Website or Services;
b) Violate the security of the Website or Services through
any unauthorized access, circumvention of encryption or other security tools,
data mining or interference to any host, user or network.
15) DATA LOSS
The Owner does not accept responsibility for the security
of Your account or content. You agree that Your use of the Website or Services
is at Your own risk.
16) INDEMNIFICATION
You agree to defend and indemnify the Owner and any of its
affiliates (if applicable) and hold Us harmless against any and all legal
claims and demands, including reasonable attorney's fees, which may arise from
or relate to Your use or misuse of the Website or Services, Your breach of
these Terms of Service, or Your conduct or actions. You agree that the Owner
shall be able to select its own legal counsel and may participate in its own
defence if the Owner wishes.
17) SPAM POLICY
You are strictly prohibited from using the Website or any
of the Owner's Services for illegal spam activities, including gathering email
addresses and personal information from others or sending any mass commercial
emails.
18) THIRD-PARTY LINKS & CONTENT
The Owner may occasionally post links to third-party
websites or other services. You agree that the Owner is not responsible or
liable for any loss or damage caused as a result of Your use of any third-party
services linked to or from Our Website.
19) MODIFICATION & VARIATION
The Owner may, from time to time and at any time without
notice to You, modify these Terms of Service. You agree that the Owner has the
right to modify these Terms of Service or revise anything contained herein. You
further agree that all modifications to these Terms of Service are in full
force and effect immediately upon posting on the Website and that modifications
or variations will replace any prior version of these Terms of Service unless
prior versions are specifically referred to or incorporated into the latest
modification or variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of
Service is held ineffective or invalid by any court of law, You agree that the
prior, effective version of these Terms of Service shall be considered
enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service
and refer to the Effective Date posted at the top of these Terms of Service to
note modifications or variations. You further agree to clear Your cache when
doing so to avoid accessing a prior version of these Terms of Service. You
agree that Your continued use of the Website after any modifications to these
Terms of Service is a manifestation of Your continued assent to these Terms of
Service.
c) In the event that You fail to monitor any modifications
to or variations of these Terms of Service, You agree that such failure shall
be considered an affirmative waiver of Your right to review the modified
Agreement.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between
the Parties with respect to any and all use of this Website. This Agreement
supersedes and replaces all prior or contemporaneous agreements or
understandings, written or oral, regarding the use of this Website.
21) SERVICE INTERRUPTIONS
The Owner may need to interrupt Your access to the Website
to perform maintenance or emergency services on a scheduled or unscheduled
basis. You agree that Your access to the Website may be affected by
unanticipated or unscheduled downtime, for any reason, but that the Owner shall
have no liability for any damage or loss caused as a result of such downtime.
22) TERM, TERMINATION & SUSPENSION
The Owner may terminate these Terms of Service with You at
any time for any reason, with or without cause. The Owner Specifically reserves
the right to terminate these Terms of Service if You violate any of the terms
outlined herein, including, but not limited to, violating the intellectual
property rights of the Owner or a third party, failing to comply with
applicable laws or other legal obligations, and/or publishing or distributing
illegal material. If You have registered for an account with Us, You may also
terminate these Terms of Service at any time by contacting Us and requesting
termination. Please keep in mind that any outstanding fees will still be due
even after termination of Your account. At the termination of these Terms of
Service, any provisions that would be expected to survive termination by their
nature shall remain in full force and effect.
23) NO WARRANTIES
You agree that Your use of the Website and Services is at
Your sole and exclusive risk and that any Services provided by Us are on an
"As Is" basis. The Owner hereby expressly disclaims any and all
express or implied warranties of any kind, including, but not limited to the
implied warranty of fitness for a particular purpose and the implied warranty
of merchantability. The Owner makes no warranties that the Website or Services
will meet Your needs or that the Website or Services will be uninterrupted,
error-free, or secure. The Owner also makes no warranties as to the reliability
or accuracy of any information on the Website or obtained through the Services.
You agree that any damage that may occur to You, through Your computer system,
or as a result of the loss of Your data from Your use of the Website or
Services is Your sole responsibility and that the Owner is not liable for any
such damage or loss.
All information, software, products, services and related
graphics provided on this site are "as is" and "as
available" basis without warranty of any kind, either expressed or
implied. The Website disclaims all warranties, expressed or implied including,
without limitation, all implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement or arising from a course of
dealing, usage, or trade practice. We makes no representation about the
suitability of the information, software, products, and services contained on
this Website for any purpose, and the inclusion or offering of any products or
services on this Website does not constitute any endorsement or recommendation
of such products or services.
The Website makes no warranty that the use of the Website
will be uninterrupted, timely, secure, without defect or error-free. You
expressly agree that the use of the site is at your own risk. The Website shall
not be responsible for any content found on the Website.
Your use of any information or materials on this site or
otherwise obtained through the use of this Website is entirely at your own
risk, for which we shall not be liable. It shall be your own responsibility to
ensure that any products, services or information available through this
website meet your specific requirements.
The Website assumes no responsibility for the accuracy,
currency, completeness or usefulness of information, views, opinions, or advice
in any material contained on the Website. Any information from third parties or
advertisers is made available without making any changes and so the Website
cannot guarantee accuracy and is not liable for any inconsistencies arising
thereof. All postings, messages, advertisements, photos, sounds, images, text,
files, video, or other materials posted on, transmitted through, or linked from
the Website, are solely the responsibility of the person from whom such Content
originated, and the Website does not control and is not responsible for Content
available on the Website.
There may be instances when incorrect information is
published inadvertently on our Website or in the Service such as typographical
errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and
availability. Any errors, inaccuracies, or omissions may be corrected at our
discretion at any time, and we may change or update information or cancel
orders if any information in the Service or on any related website is inaccurate
at any time without prior notice (including after you have submitted your
order).
We undertake no obligation to update, amend or clarify
information in the Service or on any related website, including without
limitation, pricing information, except as required by law. No specified update
or refresh date applied in the Service or on any related website should be
taken to indicate that all information inthe Service or on any related website
has been modified or updated.
The Website shall not be responsible for any interaction
between you and the other users of the Website. Under no circumstances will the
Website be liable for any goods, services, resources, or content available
through such third-party dealings or communications, or for any harm related
thereto. The Website is under no obligation to become involved in any disputes
between you and other users of the Website or between you and any other third
parties. You agree to release the Website from any and all claims, demands, and
damages arising out of or in connection with such dispute. You agree and
understand that while the Website has made reasonable efforts to safeguard the
Website, it cannot and does not ensure or make any representations that the
Website or any of the information provided by You cannot be hacked by any
unauthorised third parties. You specifically agree that the Website shall not
be responsible for unauthorized access to or alteration of Your transmissions
or data, any material or data sent or received or not sent or received, or any
transactions entered into through the Website.
You hereby agree and confirm that the Website shall not be
held liable or responsible in any manner whatsoever for such hacking or any
loss or damages suffered by you due to unauthorized access of the Website by
third parties or for any such use of the information provided by You or any
spam messages or information that You may receive from any such unauthorized
third party including those which are although sent representing the name of
the Website but have not been authorized by the Website) which is in violation
or contravention of this Terms of Service or the Privacy Policy.
You specifically agree that the Website is not responsible
or liable for any threatening, defamatory, obscene, offensive, or illegal
content or conduct of any other party or any infringement of another's rights,
including intellectual property rights. You specifically agree that the Website
is not responsible for any content sent using and/or included on the Website by
any third party.
The Website has no liability and will make no refund in the
event of any delay, cancellation, strike, force majeure, or other causes beyond
their direct control, and they have no responsibility for any additional
expense omissions delays or acts of any government or authority.
You will be solely responsible for any damage to your
computer system or loss of data that results from the download of any
information and/or material. Some jurisdictions do not allow the exclusion of
certain warranties, so some of the above exclusions may not apply to you.
In no event shall the Website be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages
whatsoever including, without limitation, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the site,
with the delay or inability to use the site or related services, the provision
of or failure to provide Services, or to deliver the products or for any
information, software, products, services and related graphics obtained through
the site, or any interaction between you and other participants of the Website
or otherwise arising out of the use of the Website, damages resulting from use
of or reliance on the information present, whether based on contract, tort,
negligence, strict liability or otherwise, even if the Website or any of its
affiliates/suppliers has been advised of the possibility of damages. If despite
the limitation above, We are found liable for any loss or damage which arises
out of or in any way connected with the use of the Website and/or provision of
Services, then the liability will in no event exceed, 50% (Fifty percent) of the
amount you paid to Us in connection with such transactions) on this Website.
You accept all responsibility for and hereby agree to
indemnify and hold harmless Us from and against, any actions taken by you or by
any person authorized to use your account, including without limitation,
disclosure of passwords to third parties. By using the Website, you agree to
defend, indemnify, and hold harmless the indemnified parties from any and all
liability regarding your use of the site or participation in any site's
activities. If you are dissatisfied with the Website, or the Services or any portion
thereof, or do not agree with these terms, your only recourse and exclusive
remedy shall be to stop using the site.
24) LIMITATION ON LIABILITY
The Owner is not liable for any damage that may occur to
You as a result of Your use of the Website or Services, to the fullest extent
permitted by law. The maximum liability of the Owner arising from or relating
to these Terms of Service
25) GENERAL PROVISIONS:
a) LANGUAGE: All communications made or notices given
pursuant to these Terms of Service shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW: Through Your
use of the Website or Services, You agree that the laws of India shall govern
any matter or dispute relating to or arising out of these Terms of Service, as
well as any dispute of any kind that may arise between You and the Owner, with
the exception of its conflict of law provisions. In case any litigation
specifically permitted under these Terms of Service is initiated, the Parties
agree to submit to the exclusive jurisdiction of the courts at New Delhi,
India. The Parties agree that this choice of law, venue, and jurisdiction
provision is not permissive, but rather mandatory in nature. You hereby waive
the right to any objection of venue, including assertion of the doctrine of
forum non-conveniens or similar doctrine.
c) SEVERABILITY: If any part or sub-part of these Terms of
Service is held invalid or unenforceable by a court of law or competent
arbitrator, the remaining parts and sub-parts will be enforced to the maximum
extent possible. In such condition, the remainder of these Terms of Service
shall continue in full force.
d) NO WAIVER: In the event that We fail to enforce any
provision of these Terms of Service, this shall not constitute a waiver of any
future enforcement of that provision or of any other provision. Waiver of any
part or sub-part of these Terms of Service will not constitute a waiver of any
other part or sub-part.
e) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and
sub-parts under these Terms of Service are for convenience and organization,
only. Headings shall not affect the meaning of any provisions of these Terms of
Service.
f) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency,
partnership, or joint venture has been created between the Parties as a result
of these Terms of Service. No Party has any authority to bind the other
to third parties.
g) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic
communications are permitted to both Parties under these Terms of Service,
including e-mail or fax. For any questions or concerns, please email Us at the
following address: sales@avibay.com.