Terms & Conditions
Last updated on 17 May 2017.
The terms and conditions explain the nature and scope of the relationship with Asaan Ecommerce Private limited here in referred to as “Asaan Ecommerce Private Limited” or “Asaan ”(as owner and management for the program).The terms and conditions cover limitations and exclusions on the liability of Asaan Ecommerce Private Limited, Asaan and the Asaan Ecommerce Private Limited outlet partners.
“Asaan Ecommerce Private Limited” or “Asaan” shall mean Asaan Ecommerce Private Limited, a company with registered office at Asaan Ecommerce Private Limited 5574-A, First Floor, Durga Complex, Kolhapur Road, Kamla Nagar, Delhi-110007, INDIA.
This Terms of Service Agreement made between Asaan ecommerce Pvt.Ltd. (henceforth Asaan) online service of the first part and You of the second part is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of.Your agreement with Asaan will always include, at a minimum, the terms and conditions set out in this document.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
1. www.asaan.com("Website/Asaan Application")is an Internet based portal owned and operated by Asaan Ecommerce India Pvt.Ltd., a company incorporated under the laws of India, with its registered office at Asaan Ecommerce Private Limited, 5574-A, First Floor, Durga Complex, Kolhapur Road, Kamla Nagar, Delhi-110007, India.Use of the Website is offered to You conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by Asaan at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
4. Asaan does not undertake to deliver the merchandise ordered by you. The website/app/platform/store you order/purchase from will do the same. This shall be governed by their policies. Asaan shall not be liable to deliver any merchandize or Services purchased by Users.
5. asaan.com reserves the right to extend/terminate/amend/add/remove/modify(in whole or part)the offers/sale, without further information at any point of time and Asaan’s decision in this regard shall be final and requires no intimation to the customer of any sort.
Asaan does not sell its own products or services but merely acts as a platform to other service-providers.
The Website is a platform that facilitates the online sale and purchase of branded and non-branded merchandise and services offered by Asaan's various affiliate/registered merchants/vendors/service providers at a discounted or non-discounted price.The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services.
C. Eligibility to Use
If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
1. The Services are not available to any Users suspended or removed from the Asaan system by Asaan for any reason whatsoever.If You are below the age of eighteen(18) years, You may avail the Services provided by Asaan through your legal guardian in accordance with the applicable laws.
2. Asaan reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
3. You shall not have more than one active Account on the Website.Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party.
D. Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Asaan, you agree and understand that You are communicating with Asaan through electronic records and You consent to receive communications via electronic records from Asaan periodically and as and when required.Asaan may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership/Registration on Asaan is free.Asaan does not charge any fee for browsing and transacting on Asaan.However, Asaan reserves the right to charge fee and change its policies from time to time.In particular, Asaan may at its sole discretion introduce new services and modify some or all of the existing services offered on the Asaan.In such an event Asaan reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be.Changes to the Fee and related policies shall automatically become effective immediately once implemented on Asaan.Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Asaan.
G. User Obligations
3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials(such as the product catalogues)that You access on the Website in accordance withSection 7.
4. You agree not to access(or attempt to access)the Website and the materials or Services by any means other than through the interface that is provided by Asaan.You shall not use any deep-link, 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 Content(as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
5. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable.Asaan disclaims all liabilities arising in relation to such offensive content on the Website.Further, You may report such offensive content to Asaan.
6. If Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and in accordance with applicable laws.Further, you undertake not to:
I. Defame, abuse, harass, threaten or otherwise violate the legal rights of others
II. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
III. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword
IV. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents
V. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
VI. Engage in any activity that interferes with or disrupts access to the Website or the Services(or the servers and networks which are connected to the Website);
VII. Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Asaan server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
VIII. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Asaan, including any Asaan Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
IX. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
X. Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
XI. Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
XIII. Conduct or forward surveys, contests, pyramid schemes or chain letters;
XIV. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
XV. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
XVI. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
XVII. Violate any applicable laws or regulations for the time being in force within or outside India;
XIX. Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
8. You agree and acknowledge that Asaan is not the seller of the products and the services and Asaan shall in no manner be deemed to be the seller of the products or services on this Website.Asaan is only facilitating purchase of the products or services by You from the vendor by providing the Services to You.
9. You agree that Asaan may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
H. Responsibility for User Contents Posted on Site
Users are responsible for what they post on Asaan. Asaan has no tolerance for objectionable content or abusive users. Such content will be removed. Users posting such content will be warned at first, and later will be disabled, removed or ejected from Asaan. Action taken against such users may not be limited to the above steps and appropriate legal action may be initiated against these users if warranted or deemed necessary.
I. Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code(collectively,"Content"), including but not limited to the design, structure, selection, coordination, expression,"look and feel"and arrangement of such Content, contained on Asaan is owned, controlled or licensed by or to Asaan Ecommerce Private Limited, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Asaan products and services purposely made available by Asaan for downloading from the Site, provided that You
(1) do not remove any proprietary notice language in all copies of such documents; or
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
(3) make no modifications to any such information; or
(4) do not make any additional representations or warranties relating to such documents.
J. Other Businesses
Asaan does not take responsibility or liability for the actions, products, content and services on Asaan website, which are linked to Affiliates and/or third party websites using Asaan APIs or otherwise.In addition, Asaan may provide links to the third-party websites of affiliated companies and certain other businesses for which, Asaan assumes no responsibility for examining or evaluating the products and services offered by them, and Asaan does not warrant the offerings of, any of these businesses or individuals or the content of such third-party website(s).Asaan does not in any way endorse any third-party website(s)or content thereof
Asaan welcomes links to this Website.You may establish a hypertext link to Asaan website, provided that the link does not state or imply any sponsorship or endorsement of your site by Asaan.You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Asaan, including any logos or characters, without the express written consent of Asaan and the owner of the mark or materials.You must not frame or otherwise incorporate into another third-party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Asaan website without Asaan's prior written consent.
M. Disclaimer of Warranties & Liability
You expressly understand and agree that, to the maximum extent permitted by applicable law:
1. The website, services and other materials are provided by Asaan on an"as is"basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose.Without limiting the foregoing, Asaan makes no warranty that
(i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free;
(ii) the results that may be obtained from the use of the website, services or materials will be effective, accurate or reliable;
(iii) the quality of the website, services or other materials will meet your expectations; or that
2. To the maximum extent permitted by applicable law, Asaan will have no liability related to user content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws.Asaan also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.
3. Asaan 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 or materials, either with or without your knowledge.Asaan has endeavoured to ensure that all the information on the website is correct, but Asaan neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service.Asaan 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, Asaan 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 Asaan 's control.
4. 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.
5. Asaan is not responsible for any typographical error leading to an invalid coupon.
6. Asaan accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
7. Asaan shall not be liable for any third-party product or services.The advertisement available on e-mail or website with respect to the third-party website or the products and services are for information purpose only.
All materials and services on the site are provided on an"as is"and"as available"basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.Without limiting the foregoing, we make no warranty that(a)the services and materials will meet your requirements,(b)the services and materials will be uninterrupted, timely, secure, or error-free,(c)the results that may be obtained from the use of the services or materials will be effective, accurate or reliable.
The site could include technical or other mistakes, inaccuracies or typographical errors.We may make changes to the materials and services at the site at any time without notice to you.The materials or services at the site may be out of date.We make no commitment to update such materials or services.
Your use of any services or the downloading or other acquisition of any materials through the site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, electronic and digital files or loss of data that may result from such activities.
Through your use of the site, you may have opportunities to engage in commercial transactions with other users and vendors.You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/purchaser of such merchandise or services and you.You agree that neither Asaan nor its affiliates shall be a party to any commercial contract between you and any sellers/purchasers.
We make no warranty regarding any transactions executed through, or in connection with the site, and you understand and agree that such transactions are conducted entirely at your own risk.Any warranty that is provided in connection with any products, services, materials, or information available on or through the site from a third party is provided solely by such third party, and not by us or any of our affiliates.
2. You agree that Asaan may, in its sole discretion, and without prior notice, terminate Your access to the Website, for cause, which includes (but is not limited to):
(1) requests by law enforcement or other government agencies;
(2) a request by You (self-initiated account deletions);
(3) discontinuance or material modification of the Website or any service offered on or through the Website; or
(4) unexpected technical issues or problems.
Without limiting other remedies, Asaan may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide You with access to the Asaan website in the event, but not limited to:
II. If Asaan is unable to verify or authenticate any information You provide; or
III. If it is believed that your actions may cause legal liability for You, other Users or Asaan.Asaan may at any time at its sole discretion reinstate suspended Users.
Q. Jurisdictional Issues / Sale in particular Countries
Asaan makes no representation that materials in Asaan are appropriate or available for use in other locations/Countries than those shown for those products. Even this may not be accurate due to errors by Users who generated the content. Those who choose to access this site from any location/Country do so on their own initiative and Asaan is not responsible for supply of goods/refund for the goods ordered from any location/Country. Users of Asaan must exercise due diligence and appropriate caution when purchasing products from the domains / websites that they have been redirected to for the purchase of these products.
R. Trademark, Copyright and Restriction
This site is controlled and operated by Asaan.All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Asaan or by other parties that have licensed/provided their material to us.Material on Asaan web site owned, operated, licensed or controlled by Asaan 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 e-mail 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 web site 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.
S. Copyright complaint
We at Asaan respect the intellectual property of others.In case You feel that your work has been copied in a way that constitutes copyright infringement, You can write to us at email@example.com
T. Product Description
Asaan tries to be as accurate as possible on behalf of its vendors and partners.However, Asaan does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.Users are free to post content on Asaan and Asaan undertakes no guarantee and makes no claim regarding the authenticity of any data on the website, whether posted by users, or Asaan. You must verify the data on the website through which you intend to make the final transaction, prior to making any transaction.
U. Store content
Asaan does not guarantee the prices listed in store content or the availability of all products or fabrics or styles at any store. All prices listed on the Site are correct at the time of publication, and have been placed as given or received from the Store. While we take great care to keep them up to date, the final price charged to you by the Store may change at the time of purchase. In the event of a conflict between price on the Site and price charged by the Store, the price charged by the Store shall be deemed to be the correct price
All store names, products are/may be registered trademarks/copyrights of respective owners. Unless stated otherwise, all pictures and information contained on this website are believed to be in the public domain as either promotional materials, publicity photos, social media releases or press media stock. Please email a Takedown Request (by using the Contact Us on the home page) if you are the copyright owner of any content on this website and you think the use of the above material violates your copyright. Please indicate the exact URL of the webpage in your request. In case you are a Store Owner and wish to remove the listing of your store , please send us a removal request at firstname.lastname@example.org
All images shown here have been digitised by Asaan. No other party is authorised to reproduce or republish these digital versions in any format whatsoever without the written permission of Asaan.
V. Reward Program
It is our constant endeavour to provide excellent service to our customers.In an effort to achieve the same, certain changes may be made over time to our policies and service agreements.We reserve the rights to modify, change, cancel or terminate the rewards program at any time without any prior notice.Your use of our services post the revisions have been posted online signifies your consent to the changes.
W. Pricing/Typographical error
If Asaan.com comes across any difference in pricing resulting from typographic errors w.r.t.pricing or product information, Asaan.com shall have the right to rectify the same without requiring to inform You before or after the correction.
II. Asaan is required to do so by law(for example, where the provision of the Services to You is, or becomes, unlawful);
III. The provision of the Services to You by Asaan is, in Asaan's opinion, no longer commercially viable;
IV. Asaan has elected to discontinue, with or without reason, access to the Website, the Services(or any part thereof);
3. Asaan may also terminate or suspend all or a portion of Your account or access to the Services with or without reason.Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i)removal of access to all offerings within the Website or with respect to the Services;(ii)deletion of Your materials and Account Information, 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(iii)barring of further use of the Services.
4. You agree that all terminations shall be made in Asaan's sole discretion and that Asaan shall not be liable to You or any third party for any termination of Your Account(and accompanying deletion of Your Account Information), or Your access to the Website and Services.
6. If You or Asaan terminates Your use of the Website, Asaan may delete any content or other materials relating to Your use of the Website and Asaan will have no liability to You or any third party for doing so.
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Policies. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
Y. Governing Law
1.The Site (excluding any linked sites) is controlled by us from our office in NCR. It can be accessed from all states of India, as well as from other countries around the world. As each of these places has laws that may differ from those of India, by accessing the Site, both of us agree that the statutes and laws of India, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the Site and the purchase of products and services available through the Site.
All notices to a party shall be in writing and shall be made either via email or via conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com, if by email, or at our given address, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
Z. Report Abuse
Asaan reserves the right to disqualify any customers from the benefits mention herein above.In case of any fraudulent activity, prosecution will be carried out against the concerned customer.
Please send any questions or comments (including all inquiries unrelated to copyright infringement)regarding this site to firstname.lastname@example.org