1. User Account, Password, and Security:
If You use Aqurator, 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 Aqurator.
You agree to
(a) immediately notify Aqurator of any unauthorised 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:
Aqurator provides a number of Internet-based services through the its website (www.aqurator.com). One such Service enables Users to purchase original, authentic and custom-made products such as clothing, footwear, accessories, jewellery, home decor, home furnishings, perfumes and toiletries from our portfolio brands and other sellers registered on our portal(collectively, "Products"). The Products can be purchased through the Aqurator through various methods of payments offered (credit card, debit card, net banking and direct bank transfer).
3. Platform for Transaction and Communication:
The Aqurator is a platform that Users utilise to meet and interact with one another for their transactions. Aqurator is not and cannot be a party to or control in any manner any transaction between the Aqurator's Users. Henceforward, all commercial/contractual terms are offered by and agreed to between Aqurator 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 Aqurator:
You agree, undertake and confirm that Your use of Aqurator 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:
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 Aqurator or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Aqurator or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Aqurator. We reserve Our right to bar any such activity.
c) You shall not attempt to gain unauthorised access to any portion or feature of Aqurator, or any other systems or networks connected to the Aqurator or to any server, computer, network, or to any of the services offered on or through Aqurator, 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 Aqurator to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Aqurator or related to us.
h) The Content posted does not necessarily reflect Aqurator views. In no event shall Aqurator 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 Aqurator. 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) Aqurator hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Aqurator Return & Exchange Policy stands by in all cases. In case of return of the purchased item, please refer to the "Return Policy" on our Aqurator.
5. Contents Posted on Aqurator:
You may not use information on the products and services purposely made available on the Aqurator for downloading. You may not
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:
b. Children under the age of 18: Use of Aqurator 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 Aqurator. If you are a minor i.e. under the age of 18 years, you shall not register as a User of Aqurator. Aqurator and shall not transact on or use the Aqurator. As a minor if you wish to use or transact on Aqurator, such use or transaction may be made by your legal guardian or parents on the Aqurator.
c. 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 Aqurator. You acknowledge and agree such update is for Your interests and for improving personalisation and service efficiency of the Aqurator.
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.
d. 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 Aqurator is at your own risk. We recommend that you do not disclose your password to anyone.
f. 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 Aqurator 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, Aqurator does not warrant that: Aqurator will be constantly available, or available at all; or The information on Aqurator is complete, true, accurate or non-misleading. All the Products sold on Aqurator 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 Aqurator. 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:
Aqurator is controlled and operated by Aqurator Designs Private Limited and products are sold by Aqurator Designs Private Limited . All material on Aqurator, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Aqurator 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 Aqurator 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 Aqurator 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) unauthorised 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 Aqurator or Service. Aqurator shall not be held responsible for non-availability of the Aqurator during periodic maintenance operations or any unplanned suspension of access to the Aqurator. The User understands and agrees that any material and/or data downloaded at Aqurator 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, Aqurator’s liability shall be limited to an amount equal to the Products purchased value bought by You. Aqurator shall not be liable for any dispute or disagreement between Users.
a. Aqurator may suspend or terminate your use of the Aqurator 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 Aqurator chooses to terminate them.
b. If You or Aqurator terminates your use of the Aqurator or any Service, Aqurator may delete any content or other materials relating to your use of the Service and Aqurator will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Aqurator 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 Aqurator 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:
Aqurator 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. Aqurator 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, Aqurator 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.
Aqurator shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation 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 utilised 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 variations 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. 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 herein-above 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.
17. Jurisdictional Issues/Sale in India Only:
The products on the Aqurator 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 Kolkata.
19. Contacting Us:
At Aqurator, 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 Aqurator, You may reach out to customer support at +91-8951888518 or access help centre at https://www.Aqurator.com/contactus.