Terms of Use
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Usage for access or usage of www.athyeka.com (the “Website”), including the related mobile site and mobile application (collectively hereinafter referred to as the “Platform”). Your use of the Platform and services are governed by the following terms and conditions ("Terms of Service" or “Terms of Usage”) as applicable to the Platform including the applicable policies, Disclosures and Disclaimers which are incorporated herein by way of reference and mentioned on the Website in detail.
The Platform is owned by Athyeka Heritage, a proprietorship concern, having GST: 09CIIPS5915E2ZX and its registered office at H – 33, Block A, Sector 104, Noida, Uttar Pradesh 201304 (hereinafter referred to as " Athyeka ").
The term "We", "Us", "Our" shall also mean Athyeka.
If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Athyeka and these terms and conditions including the policies constitute Your binding obligations with Athyeka. For the purpose of these Terms of Usage, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer of the products on the Platform by providing the relevant information while registering on the Platform as Registered User using the computer systems or other electronic gadgets. Athyeka also allows the User to access the Platform without registering on the Platform.
We reserve the right, at Our sole discretion, to change, modify, add, remove or amend any portions of these Terms of Usage, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Usage periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the updations/revisions/deletion. As long as You comply with these Terms of Usage, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.
Transaction on the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 or any other law as applicable. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including but not limited to persons who are below 18 years of age or un-discharged insolvents etc. are not eligible to use the Platform.
If You use the Platform, You shall be responsible for maintaining the confidentiality of your information including your name password and You shall be responsible for all activities that occur under your name and password. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times.
You agree that if You provide any information that is untrue, inaccurate, not updated or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, or not in accordance with this Terms of Usage, We shall have the right to indefinitely suspend or terminate or block access of your account on the Platform and refuse to provide You with access to the Platform. You agree that Athyeka shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your updated mobile phone number and/or e-mail address on the Website Platform. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
When You use the Platform or send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise.
1. 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 Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
4. You shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Athyeka.
5. You agree not to use any device, software, or router to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You will not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Usage, or to solicit the performance of any illegal activity or other activity which infringes the rights of Athyeka and/or others.
8. 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 and International Laws, Foreign Exchange Laws, Companies Act 2013, 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 of products. In the event of any violation of any laws, you as buyer or seller take complete responsibility and shall be held responsible for any legal consequences. You further undertake to indemnify Athyeka, its affiliates, subsidiaries, including parent company, if any, its promoters, distributors, agents and employees to that effect.
9. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Usage and Privacy Policy applicable to use of the Platform.
10. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
11. Athyeka prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.
12. We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Athyeka shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Service. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Athyeka views. In no event shall Athyeka 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 Platform. 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.
13. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
14. Except as expressly provided in these Terms of Usage, no part of the Platform and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without Athyeka's express prior written consent.
15. Some content offered on the Platform may not be suitable for some viewers and therefore viewer discretion is advised. Also, some content offered on the Platform may not be appropriate for viewership by children. parents and/or legal guardians are advised to exercise discretion before allowing their children and/or wards to access content on the Platform.
16. Athyeka is not responsible for examining or evaluating any business or information available on the Platform, and We do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their respective websites.
17. The User shall always keep Athyeka, its affiliates, subsidiaries, including parent company, if any, its promoters, distributors, agents and employees indemnified against any claim in connection with or arising from any reasons attributable to the information posted on the Platform or taken from any expert.
18. This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site 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 Athyeka does not warrant that the information on this Platform is complete, true, accurate or non-misleading.
19. Athyeka will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with the Platform. Athyeka does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
20. Nothing on Platform constitutes, or is meant to constitute, advice of any kind.
21. You will be required to enter a valid phone number while registering on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any transaction related updates.
22. Athyeka does not assume any responsibility or liability for the actions, products, services, or content of any of the third parties assisting with the transactions undertaken by Users on the Platform. You can tell when a third-party is involved in your transactions, and You acknowledge, and confirm that We may share your information with such third parties. Therefore, You should carefully review their privacy statements and other conditions of use.
23. You hereby consent to sharing your information with third parties unless You specifically opt out. In addition, your access to the services and the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restrictions.
24. While availing any of the payment method/s available on the Platform, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to i) Lack of authorization for any transaction/s, or ii) Exceeding the preset limit mutually agreed by You and between "Bank/s", or iii) Any payment issues arising out of the transaction, or iv) Decline of transaction for any other reason/s
25. All payments made against the purchases/services on Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not support transaction with respect to any other form of currency with respect to the purchases made on Platform.s
26. Use of the payment facility shall not render Athyeka liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, or fraud as regards the products displayed on Athyeka's Platform.
27. You have specifically authorized Athyeka or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically to and from other Users in respect of transactions through payment facility.
28. You as a User confirm and undertake that You are making the payment towards purchase of product or any other asset on the Platform through your own bank account and from source of income which is legal in India.
29. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
30. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support payment facility to provide these services to the Users. All such Online Bank Transfers on payment facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
31. You shall indemnify and hold harmless Athyeka, 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, (i) made by any third party or (ii) resulting from or in connection with any transaction undertaken on the Platform or (iii) penalty imposed due to or arising out of Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party or (iv) Your breach of these Terms of Service, Privacy Policy and other policies, or (iv) unauthorized, improper, illegal or wrongful use of your Athyeka account (including by You or by any person, including a third party, whether or not authorized or permitted by You). This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the service.
32. IN NO EVENT SHALL ATHYEKA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USAGE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
33. You agree that Athyeka shall be under no liability whatsoever to you in the event of non-availability of the Platform and/or any of the services or any portion thereof, occasioned by an Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Athyeka (including any event which is caused by the failure of transaction or non-performance or the Platform partners).
34. Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform by writing to Us on support@athyeka.com .
35. 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:
The Compliance Officer
H33, Block A, Sector 104, Noida, Uttar Pradesh 201304
Email: support@athyeka.com
Phone: +91-8700229498
36. Terms of Usage shall be governed by and interpreted and construed in accordance with the laws of India. Notwithstanding the foregoing, You agree that (i) Athyeka has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts in Delhi, India.
37. If any provision of these Terms of Usage or Privacy Policy or other policies is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions shall be given full force and effect.
38. These Terms of Usage, the Privacy Policy and any other terms or policies or disclaimers as may be prescribed by Athyeka from time to time, constitute the entire agreement between You and Athyeka, which will govern your use of or access to the services and/or the Platform, superseding any prior understanding or agreements between You and Athyeka regarding such use or access.
You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law shall survive the efflux of time and the termination of these Terms.
