ASLAN & SIMBA

LEGAL

Terms of use:

Welcome to Aslan and Simba. This document is an electronic record in terms of Information Technology Act, 2005 and in accordance to provisions in Rule 3 of Information Technology Rules(Intermediaries guidelines) 2011 which mandates us to publish the Terms of use for www.aslanandsimba.com (Hereinafter referred to as Website). Aslan and Simba is owned by Aslan and Simba Enterprises Pvt. Ltd (Hereinafter referred to as ASEPL), the owner of this Website. The use of this website is governed by the following terms and conditions:

1. For the purposes of this Terms and Conditions the words ‘you’ or ‘user’ shall refer to any natural person or legal person who has agreed to the terms and conditions of this Website. The words ‘us’ or ‘our’ or ‘we’ shall refer to ASEPL and its affiliates.
2. ASEPL reserves the right to change, modify, delete, add or remove all or part of these terms and conditions without any prior notice. Users are advised to review the terms and conditions from time to time for any updates, modifications or changes made. The User also accepts to be bound by the terms and conditions, privacy policies and other conditions including but not limited to, which may be amended from time to time by usage of this Website. ASEPL reserves the right to terminate access to any or all of the services and usages to Users effective immediately upon non-compliance of the this document.
3.User Conduct and Rules on this Website: The User is bound to Strictly adhere to the following rules of conduct: By usage of the services provided by Us through this website including but not limited to, you will be subject to the terms and conditions, privacy policies and or any other conditions applicable to such services and shall be deemed to be incorporated in the terms and conditions as part and parcel of this agreement. the User shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which the user does not have any right to.
(b) 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 whatsoever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resources.
(j) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation
(k) Transmits “junk mailing” or “chain letters” or unsolicited mass mailing or “spamming”.
(l) tries to gain unauthorised access or exceeds scope of authorised access to the Website or profile information, pictures, profiles, or tries to solicit personal data of other Users for commercial and other purposes.
(m) Shall create liability to Us or cause Us to lose(in part or whole) the services of our Internet Service Provider ISP’s or our suppliers.
(n) Provides any kind of information on illegal weapons, goods or activities and violating other User’s privacy and/or creating or facilitating computer viruses.

User will be deemed to be Fraudulent or loss of business for fraudulent reasons if:
(a) the information provided is misleading and false
(b) if the User provides information of a third party or another User.
(c) if the User does not provide legitimate shipping address and postal address.
(d) if the User orders in bulk at fake address/Email ID and personal information.
(e) if the user tries to get refund for used products
(f) if the user refuses to pay for the order
(g) if the user returns the wrong product
(h) if the user involves in snatch and run off with product

The Website may cancel the order at any time if the User does not meet the above mentioned criteria and cancel or block the User from using the services and website permanently or until further notice. User shall not engage in solicitation and advertisement of any other products or services including but not limited to, the Repeated requests for refund for fake/used/wrong product. if malpractice is used to place an order products and services offered and displayed by the Website or any other products and services related to ASEPL and its affiliates.

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, 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. Jurisdiction: Unless otherwise mentioned the products and services displayed on the Website is solely for the purpose of sale in India. The Website makes no express or implied representation of supply or sales outside the territory and jurisdiction of India. Any Users who are accessing this Website from locations outside the territory of India is at their own risk and discretion. The Website is not responsible for sales, delivery or refunds for products and services displayed as such from locations/countries other than India which are in compliance to local laws for the time being in force.

Governing Law: The Terms and conditions, privacy policies and any other conditions included but not limited to, shall be construed in accordance to laws governing in India. Any conflict of laws and principles and/or disputes arising hereto shall be subject to exclusive jurisdiction of courts, tribunals, fora applicable to authorities at Bengaluru. The Place of Jurisdiction shall exclusively be Bengaluru.

Disclaimer, Warranties and Liability: All products and services provided through the Website is on “as is” and “as available” basis. ASEPL and its affiliates do not represent any warranties express or implied except specified in writing. ASEPL does not guarantee that the Website will be available constantly or at all or that the information provided is true, accurate and not misleading. ASEPL and its affiliates disclaims any guarantee on the colour, size, shape, quality, finish, appearance and exactness of the products displayed and ordered by the Users. You agree and acknowledge to access this Website at you own risk and using your own reasonable prudent judgment before entering into any transactions on this website. ASEPL is not responsible and/or liable for actions and inactions of the sellers and representations (either price or product description and/or any other product information) and warranties by sellers or manufacturers on the size, fit, quality, finish, appearance, colour of the products and services displayed and hereby disclaim any and all responsibility and liability thereof. ASEPL is not responsible or liable for any disputes arising between the Users and sellers and/or manufacturers. We disclaim any and all responsibility and liability for accuracy, sustainability, timelines, performance, completeness and safety or legality of any products and services displayed on our Website. Though precautions are taken to eliminate any inaccuracies however, at no time there shall arise any claim, title or interest for the products and services displayed on this Website. All products sold on the Website are governed by different State laws and Hence ASEPL is not liable for delay in delivery due to implications of different state laws. The Seller will return or credit the advance amount paid after satisfactory inspection and verification by the seller. ASEPL and its affiliates are not responsible for any damages, punitive, incidental, special or consequential or any other damages arising out of loss for inability to use the products and services on the Website or for unauthorised access and/or altercation to user’s data or breach of condition and/or warranties by the manufacturer’s products. ASEPL will not be held liable for user’s inability to use the Website due to periodic maintenance or unplanned suspension. The User agrees that they are solely responsible for any loss of data or damage to their mobile or other devices on which the user accessed the Website due to downloading data from the Website. ASEPL’s liability to the maximum extent under law is equal to the amount of the value of product or services purchased by you. ASEPL will not be liable for any dispute or disagreement arising between users and/or between Users and third party.

Indemnity: The User will indemnify and hold harmless, ASEPL, its owner, affiliates, licensee, subsidiaries, group companies, officers, agents, employees from any demands or claims made by third party including reasonable advocate’s fee for inconvenience, loss, damage or penalty arising out of your breach of these Terms and conditions, policies and any other conditions included but not limited to, violation of any laws including infringement of intellectual property rights of a third party.

Intellectual Property Rights: This Website is owned, controlled and operated by ASEPL. The products sold on this Website are by Sellers. All material on the Website including logo, brand name, tags, images, audio clips, video clips, illustrations are protected by trademarks, copyrights and other intellectual property rights. The material on this Website is solely for your personal use and not for commercial use. Any infringement of the said intellectual property rights by Users or anyone who accesses this Website in the form of copy, reproduction, distribution, transmission via email or any other electronic means directly or indirectly will be prosecuted according to the appropriate laws in India for the time being in force. The Users are strictly advised not to infringe any of the intellectual property rights without the consent of the owner in writing. The Users are not allowed to alter, change, remodel, or copy or use the material on this Website for personal or commercial purposes or use it for other products and services without the consent of the owner. Any remuneration gained by use of the material monetary or otherwise is construed as commercial use for the purposes of this clause. The User will retain ownership of any material uploaded, stored or transmitted while using our Website in the form of images, videos, text, audio clips. However, ASEPL shall retain the rights to use or reproduce any content stored/uploaded by You and You agree to grant ASEPL royalty free, irrevocably, unconditionally perpetually and worldwide rights to use your content for reasonable business purposes. Users shall refrain from uploading, reproducing, copying, transmitting advertising any or all content of third party and/or pass off as their own which is protected under intellectual property laws. ASEPL is not liable for any damages either punitive, incidental, special, consequential or any other damages including reasonable advocate’s fees arising out of disputes/disagreements arising out of Your misuse of third party’s intellectual property on our Website.

Communication: You agree and understand that this Website is an online platform that enables You to purchase products and services at the price and availability at any time. You further agree and acknowledge that this Website is only a facilitator and does not and cannot be a party and control the manner of transactions on this Website.

Returns Policy: Conditions to return items/services purchased are hereunder:
- The Website must be notified of receipt of such damaged/ or missing product or if the product is significantly different from what was purchased within 5 days from the date of delivery.
- Products should be returned unused and along with original packaging including tags, boxes, labels, bar code, freebies, accessories warranty cards and invoice. if any of these essentials are missing Your return request will not be processed.
- Return products should be packaged adequately so that there is no damage to the product during transit.
- Return products are subject to verification and quality checks conducted by the sellers. Refund of the order will only be processed if the returned goods pass the verification and quality check.
- No refund will be entertained if the product is found to be deliberately tampered with in order to claim refund.
- Reasons for return of the product should be clearly explained in the refund form. Frivolous reasons will not be entertained and ASEPL reserves the right to suspend such User’s account until further notice.
In case of quantity of items purchased below five per product the following conditions in conjunction with any specific terms and conditions applicable on the product must be complied with by the User:
- You agree and acknowledge that the seller or manufacturer is solely responsible for any damaged products purchased or if the product is significantly different from what You have purchased. The Website is only a connecting link and intermediary and therefore shall not be held liable in whatsoever manner for the same.
- Cancellation requests can be processed only if the request is placed within 24 hours from the time of placing the particular order.
Non-Returnable Products:
- Deliberately damaged products.
- used products and services
- products missing original packaging and other accessories
- Custom-made products
- personalised or engraved or Altered products
- Products sold in sets or combinations cannot be returned individually
• In case of quantity of items purchased above five per product the following conditions in conjunction with any specific terms and conditions applicable on the product must be complied with by the User:
- We provide a platform for Users to purchase products and services in bulk. We also cater to customisation and branding of products upon User’s request. Since the nature of the service provided by our Website is such that the manufacture and production of such products are order based, therefore, CANNOT be retuned.
- No cancellation requests will be entertained. If due to unavoidable circumstances which defeats the purpose of such order then such cancellation requests shall be made within 24 hours from the time of placing the order for the said product.
- In cases of delivery of product within 72 hours, no cancellation requests will be entertained.
- Payment of products under this category shall be made within 15 days prior to the date of delivery. The Website will not entertain any requests for return in case of any fault by the seller or manufacturer. While we take care that all the sellers are genuine and legitimate however, ASEPL will not be responsible or liable for any actions or inactions or any disputes/disagreements arising between users and sellers and/or manufacturers. ASEPL will not be responsible or liable for any damages punitive, incidental, special, consequential or any kind of damages arising out of disputes between Users and sellers ans manufacturers.