1. User Account, Password, and Security:
If You use the Mr. Ajay Kumar, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Mr. Ajay Kumar.
You agree to
(a) immediately notify Mr. Ajay Kumar of any unauthorized use / breach of your password or account and
(b) ensure that you exit from your account at the end of each session.
2. Services Offered:
3.Platform for Transaction and Communication:
The Mr. Ajay Kumar is a platform that Users utilize to meet and interact with one another for their transactions. Mr. Ajay Kumar is not and cannot be a party to or control in any manner any transaction between the Mr. Ajay Kumar's Users. Henceforward, all commercial/contractual terms are offered by and agreed to between Mr. Ajay Kumar and Users alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
4. User Conduct and Rules on the Mr. Ajay Kumar:
You agree, undertake and confirm that Your use of Mr. Ajay Kumar shall be strictly governed by the following binding principles:
a) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is misleading in any way;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Mr. Ajay Kumar or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Mr. Ajay Kumar or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- interferes with another USER's use and enjoyment of the Mr. Ajay Kumar or any other individual's User and enjoyment of similar services;
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- threatens the unity, integrity, defence, 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;
- shall not be false, inaccurate or misleading;
- shall not 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;
b) You shall not use any "deep-link", "page-scrape", "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 Mr. Ajay Kumar or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Mr. Ajay Kumar or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Mr. Ajay Kumar. We reserve Our right to bar any such activity.
c) You shall not attempt to gain unauthorized access to any portion or feature of the Mr. Ajay Kumar, or any other systems or networks connected to the Mr. Ajay Kumar or to any server, computer, network, or to any of the services offered on or through the Mr. Ajay Kumar, by hacking, password "mining" or any other illegitimate means.
d) You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
e) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
f) From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
g) You shall not engage in advertising to, or solicitation of, other Users of the Mr. Ajay Kumar to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Mr. Ajay Kumar or related to us.
h) The Content posted does not necessarily reflect Mr. Ajay Kumar views. In no event shall Mr. Ajay Kumar 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 on the Mr. Ajay Kumar. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
i) Mr. Ajay Kumar hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Mr. Ajay Kumar Return & Exchange Policy stands by in all cases. In case of return of the purchased item, please refer to the "Return Policy" on our Mr. Ajay Kumar.
5. Contents Posted on Mr. Ajay Kumar:
You may not use information on the products and services purposely made available on the Mr. Ajay Kumar for downloading. You may not
(1) remove any proprietary notice language in all copies of such documents,
(2) use such information for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
(3) make modifications to any such information, and
(4) make any additional representations or warranties relating to such documents.
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may share personal information with our other corporate entities and affiliates.
a. Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:
• Children under the age of 18: Use of the Mr. Ajay Kumar is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Mr. Ajay Kumar. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Mr. Ajay Kumar. Mr. Ajay Kumar and shall not transact on or use the Mr. Ajay Kumar. As a minor if you wish to use or transact on Mr. Ajay Kumar, such use or transaction may be made by your legal guardian or parents on the Mr. Ajay Kumar.
- Personal Information: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.
- Financial Information: credit/ debit card details including card number and expiry date in encrypted form, details for net banking services and Wallet services. Please be advised that Mr. Ajay Kumar ensures the highest degree of data security, while encrypting as per the guidelines specified by Payment Cards Industry Data Security Standard (PCI DSS).
- Payment and Account Information: Your account history with us including (without limitation) all billing information and communications, payment history etc. We maintain this in encrypted form on secure servers. However, your transactions details may be preserved by Mr. Ajay Kumar for purposes of tax or regulatory compliance.
- Transactional Information: Order ID, transactional history (other than banking details) about your e-commerce activities on our Mr. Ajay Kumar.
- User IDs: Your usernames, passwords, email addresses, contacts, account including third-party accounts and other security-related information used by you in relation to our Services.
- Stored Information: Data either created by you or by a third party and which you wish to store on our servers such as image files, documents etc.
- Shared Information: What types of information are not allowed on Mr. Ajay Kumar?
- Nudity or other sexually suggestive content
- Hate speech, credible threats or direct attacks on an individual or group
- Content that contains self-harm or excessive violence
- Fake or impostor profiles
b. Operational Use. We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Mr. Ajay Kumar. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Mr. Ajay Kumar.
Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.
c. Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.
Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Mr. Ajay Kumar is at your own risk. We recommend that you do not disclose your password to anyone.
e. Third Party. At times, We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.
We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
7. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Mr. Ajay Kumar are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Mr. Ajay Kumar does not warrant that: Mr. Ajay Kumar will be constantly available, or available at all; or The information on Mr. Ajay Kumar is complete, true, accurate or non-misleading. All the Products sold on Mr. Ajay Kumar are governed by different state laws and if we are unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Mr. Ajay Kumar. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
9. Trademark, Copyright and Restriction:
Mr. Ajay Kumar is controlled and operated by Aqurator Designs Private Limited and products are sold by Aqurator Designs Private Limited . All material on Mr. Ajay Kumar, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Mr. Ajay Kumar is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Mr. Ajay Kumar or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
10.Limitation of Liability:
In no event shall Mr. Ajay Kumar be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
(a) the use or the inability to use the Services or Products;
(b) unauthorized access to or alteration of the user's transmissions or data;
(c) breach of condition, representations or warranties by the manufacturer of the Products
(d) any other matter relating to the services; 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 Mr. Ajay Kumar or Service. Mr. Ajay Kumar shall not be held responsible for non-availability of the Mr. Ajay Kumar during periodic maintenance operations or any unplanned suspension of access to the Mr. Ajay Kumar. The User understands and agrees that any material and/or data downloaded at Mr. Ajay Kumar is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Mr. Ajay Kumar’s liability shall be limited to an amount equal to the Products purchased value bought by You. Mr. Ajay Kumar shall not be liable for any dispute or disagreement between Users.
a. Mr. Ajay Kumar may suspend or terminate your use of the Mr. Ajay Kumar or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Mr. Ajay Kumar chooses to terminate them.
b. If You or Mr. Ajay Kumar terminates your use of the Mr. Ajay Kumar or any Service, Mr. Ajay Kumar may delete any content or other materials relating to your use of the Service and Mr. Ajay Kumar will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Mr. Ajay Kumar for purposes of tax or regulatory compliance.
c. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
d. If Mr. Ajay Kumar unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.
12. Fraudulent/Declined Transactions:
Mr. Ajay Kumar may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Mr. Ajay Kumar reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, Mr. Ajay Kumar reserves the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
Mr. Ajay Kumar shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
13. Credit Card Details:
User agrees, understands and confirms that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
14. Billing Details:
The price of our merchandise is inclusive of the GST. The GST charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges wherever applicable. For international orders, shipping charges/ courier charges and exchange rates varations will be included in the billing. For international orders, import duties/ taxes will have to be borne by the customer if any.
We endeavour but do not guarantee to deliver the products to Users within 3-4 weeks from the time of placing the order depending upon the shipping location. We work with different delivery partners and the delivery time to Users is subject to location worldwide. Other factors include delay in delivery through the courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by instalments. If the goods are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us of our obligation, and transfer of responsibility in the same way. Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.
Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
(i) unavailability of the material, printing/embroidery faults that needs to be corrected;
(ii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
(iii) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option. For international orders, import duties/ taxes will have to be borne by the customer if any.
- The basic silhouette cannot be changed.
- Prints can be interchanged (unless they are placement prints). All customization will be subjected to availability.
- Fabric bases will not be allowed to change.
- Customization will be accepted in terms of adding a sleeve/ making it sleeveless, covering a sheer part, measurements and increasing/decreasing the length (upto a certain extent). Any customisations that changes the original design to a major extend will not be allowed.
- Any embroidery will be on a chargeable basis.
- All customization will be subjected to availability.
- All custom made order will be non-refundable/exchangeable.
- Mr. Ajay Kumar has the right to cancel or withdraw the offer at any given point of time without any prior notification.
17. Jurisdictional Issues/Sale in India Only:
The products on the Mr. Ajay Kumar is presented solely for the purpose of sale worldwide in countries where our shipping is possible by our courier partner. We work with Aramex, DTDC, Fedex and DHL.
18. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.
19. Contacting Us:
At Mr. Ajay Kumar, we are committed towards settling any disputes amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that you wish to contact Mr. Ajay Kumar, You may reach out to customer support at +91-8951888518 or access help center at https://www.Mr. Ajay Kumar.com/contactus.