Terms and Conditions
This document is an electronic record and is published in accordance with Rule 3 (1) of The Information Technology (Intermediaries guidelines) Rules 2011 issued under Information Technology Ac, 2000. This website is operated by AinMane. Throughout the site, the terms “we”, “us” and “our” refer to AinMane. AinMane offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you avail our “Service” and agree to be bound by the terms and conditions contained herein (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store and all and any update and upgrading of website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. If you donot agree with any of the Terms and Conditions, please do not use the website AND use of the website is subject to intellectual property rights and shall not be copied or imitated either in whole or in part in any manner.
Section 1 - Online store terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) and any service rendered is personal service. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services and may attract legal consequences.
Section 2 - General conditions
Online services are subject to Cyber laws which are in force at the relevant point of time of India. We reserve the right to refuse offer and service to anyone for any reason at any time, without assigning any reason. You understand that your content (including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. You shall use the website and the products purchased online, for personal and non commercial use only and shall not, be sold, resold, bartered or in any way used for any commercial purposes or for profit or assign the order/products and the products purchased using this website is/are not transferable to any third party for profit and browsing of this site and placing order on this site, means for non commercial purpose and personal consumption only, unless otherwise expressly agreed to by us.
Section 3 - Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site and authenticity regarding the information provided or which will be provided on the site.
Section 4 - Modifications to the service and prices
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Section 5 - Products of services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only as per Indemnification clause. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where such products are banned or prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. Our website may contain third party products also. In respect of third party products, our responsibility is limited to marketing only without any liability or responsibility towards such products and such liability or responsibility lies with the third party manufacturer/supplier only. In respect of single Orders for multiple products, we hereby reserve our right to deliver the same in one consignment or in different consignments, based on required quantity and availability of products. In the case of different consignments for single order, the products will be delivered to the address found in the order placed only.
Section 6 - Accuracy of billing and account information
We reserve the right to refuse any offer for order or order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that, we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address /phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 7 - Optional tools
We may provide you with access to third-party tools over which we neither have any control nor input nor we will be monitoring the same. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools and will be purely a facilitating tool without any liability or responsibility. Service availers, browsers and customers, are advised to ascertain the accuracy, correctness, authenticity and effect of use, of such tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Section 8 - Third -party links
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct either directly or through links or in whichever manner, as the case may be, you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 9 - User comments, feedback and other submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request or otherwise, from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation, royalty or remuneration of any type of any kind whatsoever, for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal information
Section 11 - Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to products, product names, product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Sections 12 - Prohibited uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Section 13 - Disclaimer of warranties, limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement. You agree to indemnify, defend and hold harmless AINMANE, agents and its directors, officers, employees and agents (collectively called “Indemnified Parties’) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interest, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon in respect of the products and service provided or agreed to be provided in respect thereof), asserted against or incurred by the indemnified parties that arise out of, result from or in connection with (i) Your breach of the agreement/s, (ii) any claims made by any third party due to or in connection with or arising out of or in connection with, use of the website or products of AINMANE (iii) your violation of any rights of another, including any intellectual property rights. In no case shall AinMane, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. AINMANE is not liable or responsible for any delay in delivery of products on account of any delay caused on the part of the delivery service providers including logistics and parcel services or on account of damage caused to the products or its boxes, as the case may be, by such service providers.
Section 14 - Indemnification
You agree to indemnify, defend and hold harmless AinMane and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party. AINMANE shall indemnify you in respect of the products and such indemnification shall not exceed twice the value of products for which order is placed or replacement of such damaged products, which damage shall be on account of the omission and commission on the part of AINMANE, excluding the damage which may be caused by service providers as stated above, at the sole discretion of AINMANE.
Section 15 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable or frustrated of performance, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of any agreement for legal and compliance purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you discontinue/cease using our site, subject to accrued rights as stated above. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 17 - Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The products and Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 18 - Governing law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Madikeri – 571 201, Kodagu District, Karnataka State, India.
Section 19 - Changes to terms of service
You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, modify, alter, or replace any part of the Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Section 20 – Intellectual property rights 20 (1)
The website and the processes and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code, (together called “The Content”) on th website is owned and controlled by AINMANE or its licensors and the design, structure, selection, coordination, expression look, feel and arrangement of such content is protected by copyright, patent and trademark laws and various other intellectual property rights. Through use of this website, by no means or manner, are any rights impliedly or expressly granted to you in respect of such content and AINMANE reserves the right to change or modify the content of the site from time to time at its sole discretion.
20 (2) The trademarks, logos and service marks displayed on the website (together called “Marks”) are the property of AINMANE and you shall not use the said marks 20(3) You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium, unless otherwise expressly permitted by AINMANE.
Section 21- Force majeure
Any delays in or failure of performance by any party under this Agreement shall not constitute default hereunder or give rise to any claims for damages if, and to the extent, caused by the following occurrences beyond the control of either party affected - fire, floods, explosions, acts of God, accidents, epidemic, riots, embargoes, outbreak of hostilities, enemy action, pandemics, logistics delays, parcel service provide delays, any legislative prohibitions or restrictions imposed by any Government or Authority.
Section 22 - Contact information and grievance officer
Any grievance regarding the service availed or regarding quality of the products or other grievances relating to products can be lodged with Mr.Sachin with email address email@example.com who will be the Grievance Officer of AINMANE and AINMANE may change the grievance officer under intimation in this website. Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.