Terms of use

Last updated 6th November 2020

These website terms of condition (“Terms of Use”) is an electronic record in the form of an electronic contract formed under information technology act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the information technology act, 2000. These Terms of Use do not require any physical, electronic or digital signature.

These Terms of Use are a legally binding document between user and Akbar International (both terms defined below). These Terms of Use will be effective upon Your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and Akbar International for the use of the website (defined below).

This document is published and shall be construed in accordance with the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011 under information technology act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.

Terms of use

These Terms of Use apply to the use of this website (including its accessibility through various desktop, laptop, tablet and mobile web browsers) and by accessing this website through various desktop, laptop, tablet and mobile web browsers, You agree to be bound by the Terms of Use set out below. If You do not agree to be bound by these Terms of Use, You may not use or access this website.

Definitions

Akbar International – It is a proprietorship having its registered offices at 289, Fatehabad road, Agra – 282 001, Uttar Pradesh, India and branch office at T(PD) Tajnagri, Phase-1, Agra – 282001, Uttar Pradesh, India

Conditions – means these Terms of Use.
Users – means the users of the website collectively.
We/us – means Akbar International
Website – means the website located at www.akbarinternational.com or any subsequent URL which may replace it.
You/Your – means a user of this website.

Access

You are provided with access to this website in accordance with these Terms of Use.

Eligibility of Use

The services are not available to minors under the age of eighteen (18) or to any users suspended or removed from the Akbar International system by Akbar International for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the services or use the website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the services under the laws as applicable. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with Your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Akbar International and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

Our rights

We reserve the right to:

User conduct/acceptable use policy and rules on the website

You agree, undertake and confirm that Your use of the website shall be strictly governed by the following binding principles from here on known as “The Agreement”:

You shall not use the website for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other users of Akbar International.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Akbar International by sharing multiple addresses and phone numbers or transacting with malicious intentions.
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 website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
You shall not violate any applicable laws or regulations for the time being in force within or outside India
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing services on the website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI id which is not lawfully owned by You, i.e. In any transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the privacy policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. Akbar International expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
For Your making payments for buying the products on the website, in addition to the agreement(s), the Terms of Use of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the products on website and Akbar International does not control the same and shall not be liable for the same.
You agree to pay in full all taxes and custom duties as applicable on the product(s) in Your country at the time of the importation of the products You have purchased from the website.
You agree that orders once placed on the website cannot be cancelled by You and no refunds will be issued for the same to You. Placing order means that you have completed the payment process successfully.
You understand, agree and acknowledge that Akbar International uses third party service providers to store and process Your personal information and other information which You provide to Akbar International (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and / or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over Akbar International. You agree and understand that Akbar International provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Akbar International shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Akbar International.
You and Akbar International are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Akbar International.
You are solely responsible for Your Information, and Akbar International and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:

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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
Harm minors in any way.
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 items.
Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
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.
Is false, inaccurate or misleading.
You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
You shall not create liability for Akbar International or cause Akbar International to lose or disrupt (in whole or in part) the services of our service providers or other suppliers.
The Agreement will continue to apply until terminated by either You or Akbar International as set forth below. If You want to terminate Your agreement with Akbar International, You may do so by (i) not accessing the website; or (ii) closing Your account for all of the services that You use, where Akbar International has made this option available to You.

Fraudulent user and bulk order/fraud orders

A user may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:

Akbar International reserves the right to cancel the fraudulent user order at our sole discretion.

Akbar International may cancel any order that classify as ‘bulk orders’/’fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘bulk order’/’fraud order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Akbar International:

Intellectual property and right to use

The website contains valuable trademarks and service marks owned and used by Akbar International, including but not limited to, Akbar International, the Akbar International design logo (collectively, the “Akbar International marks”).

You acknowledge and agree that all copyright, marks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us. Any use of the Akbar International marks without the prior written permission of Akbar International is strictly prohibited. The arrangement and layout of the website, including but not limited to, the Akbar International marks, images, text, graphics, buttons, screenshots, digitally downloadable files, and other content or material (collectively, the “site content”), are the sole and exclusive property of Akbar International.

You are permitted to use this material only as expressly authorised by us.

You acknowledge and agree that the material and content contained within the website is made available for Your personal non-commercial use only and that You may download any such material and content only on to one computer hard drive for such purpose. Any other use of the material and content of the website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, modify, upload, download, post, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

About Your orders

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Akbar International reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the website are subject to change without notice. Errors will be corrected when discovered and Akbar International reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders that constitute improper use of the website are described below. Akbar International reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account, including Your personal information, log-in id and password, and all related information, files and materials associated with or inside Your account (or any part thereof), and any user content uploaded by You, may also be restricted or terminated for any reason, at Akbar International’s sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Delivery related disclaimer- user agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Akbar International within 5 days from the alleged date of delivery of product reflecting through the tracking number provided to You , on the tracking websites of the courier companies such as and not restricted to ups, DHL, FedEx, TNT. Non-notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Akbar International disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the tracking websites of the courier companies such as and not restricted to ups, DHL, FedEx, TNT through the tracking number provided to You.

In case buyer purchases multiple products in one transaction,  Akbar International may deliver all such products together. However, this may not always be possible. If buyer purchases multiple products in a single transaction, then all the products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the products to different addresses, then buyer should purchase the products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the products can be made to the person who is present at the shipping address provided by You.

You are responsible for payment in full all taxes and custom duties as applicable on the product(s) in Your country at the time of the importation of the products You have purchased from the website.

You agree that orders once placed on the website cannot be cancelled by You and no refunds will be issued for the same to You. Placing order means that you have completed the payment process successfully.

About our prices

The “sale” tag on a product listing on our website signifies that we are selling the product at a discount from a price in the previous 1 day.

Prices of products listed on our website as “sale” may fluctuate during the “sale” promotion period for such products. For temporary “sale” pricing, such products may return to prices that are equal to or greater than their original prices upon expiration of the applicable “sale” promotion period.

Promotional codes can only be applied during purchase. Customer service will be unable to honor any promotional code adjustments post-order.

Communications with Akbar International

For all communications made to or with Akbar International, including but not limited to thank You notes/emails/letters, images of purchased products displayed/used at Your home sent to Akbar International via email/post, feedback, questions, comments, suggestions and the like: (i) You will have no right to confidentiality in Your communications and Akbar International will have no obligation to protect Your communications from disclosure; (ii) Akbar International will be free to reproduce, use, disclose and distribute Your communications to others without limitation; and (iii) Akbar International will be free to use any ideas, concepts, know-how, content or techniques contained in Your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.

User account, password, and security

If You use the website, 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 website.

You agree to:

Disclaimer of warranties

Akbar International does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the website.

Akbar International intends for the information and data contained in the website to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘as is’ and “as available”. You expressly agree that Your use of the website and any information contained therein is at Your sole risk. Accordingly, to the extent permitted by applicable law, Akbar International expressly disclaims all warranties of Use, express or implied, including without limitation, implied warranties of Use of title, non-infringement, accuracy, merchantability and fitness for a particular purpose, and any warranties of Use that may arise from course of dealing, course of performance or usage of trade. Some jurisdictions do not allow the disclaimer of warranties or conditions so such disclaimers may not apply to You.

To the maximum extent permitted by applicable law, Akbar International will have no liability related to user content and / or third-party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Akbar International also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third-party content.

You expressly understand and agree that, to the maximum extent permitted by applicable law Akbar International will not be liable for any loss that You may incur as a consequence of unauthorized use of Your account or account information in connection with the website or any services, either with or without Your knowledge. Akbar International has endeavoured to ensure that all the information on the website is correct, but Akbar International neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Akbar International shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Akbar International shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Akbar International ‘s control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Akbar International is not responsible for any typographical error leading to an invalid coupon. Akbar International accepts no liability for any errors or omissions, with respect to any information provided to You whether on behalf of itself or third parties.

Termination

Your ability to access and use the website remains in effect until terminated in accordance with these Terms of Use. You agree that Akbar International, in its sole discretion, may terminate Your account and Your use of the website and may remove and delete Your user content if Akbar International believes that You have violated or acted inconsistently with these Terms of Use or for any other reason. Akbar International also may in its sole discretion and at any time discontinue providing the website, or any part thereof, with or without notice. You agree that any termination of Your access to the website may be affected without prior notice and You acknowledge and agree that Akbar International may bar any further access to the website. Further, You agree that Akbar International will not be liable to You or any third-party for any termination of access to the website.

The provisions of the intellectual property rights, user account, user-generated content, acceptable use policy, disclaimer of warranties, indemnity, limitation of liability, legal dispute sections, together with and any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

Outages

Akbar International periodically schedules system downtime for the website for maintenance and other purposes. Unplanned system outages also may occur. You agree that Akbar International has no responsibility and is not liable for: (a) the unavailability of any of the website; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the website, any internet service providers or otherwise.

Indemnification and limitation of liability

You agree to indemnify and hold harmless Akbar International, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your use of the website , Your breach of these Terms of Use, privacy policy and other policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party/another user.

Notwithstanding anything to contrary in the agreement(s), Akbar International’s entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian rupees one hundred (INR 100) or the amount of fees, if any, paid by You to Akbar International under the relevant order to which the cause of action for the liability relates.

Notwithstanding anything to contrary in the agreement(s), in no event shall Akbar International, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of Use, data or profits, whether or not foreseeable or whether or not Akbar International has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the website, services or content.

Force majeure: if performance of any service or obligation under these Terms of Use or other agreement by Akbar International is, or other third parties in fulfilment of any purchase or sale transaction (for e.g.: logistics service provider, fulfilment centre, payment gateways etc.) Are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of god, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Akbar International or its third parties performing such services as sub-contractor to Akbar International and could not have been prevented by reasonable precautions (each, a “force majeure event”), then Akbar International shall be excused from such performance to the extent of and during the period of such force majeure event. Akbar International shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

General information

No waiver of any provision or any breach of this agreement will constitute a waiver of any other provisions or any other or further breach. In the event that any provision of this agreement is determined to be illegal or unenforceable, the balance of the agreement shall continue to be fully valid, binding, and enforceable. These Terms of Use set forth the entire agreement between You and Akbar International with respect to use of the website and supersede any prior agreements between You and Akbar International relating to such subject matter. The terms are not assignable, transferable or sublicensable by You except with Akbar International’s prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use. Any heading, caption or section title contained herein is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. Akbar International’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Akbar International’s right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the website or information provided to or gathered by Akbar International with respect to such use. A printed version of these Terms of Use and of any notices given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties agree that all correspondence relating to these Terms of Use must be written in the English language.

Compliance with laws

The website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the website.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the website, these Terms of Use, the agreement(s) or any transactions entered into on or through the website or the relationship between You and Akbar International shall be subject to the exclusive jurisdiction of the courts at Agra, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law.

Grievance officer

In accordance with information technology act 2000 and rules made there under and the consumer protection (e-commerce) rules, 2020, the name and contact details of the grievance officer are provided below:

Mr. Manish Kumar
Designation: Assistant Manager
Phone:
Unit 1 : +91 (562) 4026600, Unit 2 : +91 (562) 4023581
Time:
Mon – Sat (10:00 – 18:00) Indian Standard Time (IST)

Contact

[email protected]

Registered office: Akbar International, 289, Fatehabad road, Agra 282 001, Uttar Pradesh, India.

Phone: Unit 1 : +91 (562) 4026600,     Unit 2 : +91 (562) 4023581

© Copyright Akbar International 2020

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