TERMS OF USE

This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This legal document is published in accordance with the provisions of Rule 3 (1) of the Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable security practices and procedures and sensitive personal data or information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional website.

This website is created and operated by M/s Adarsh Sellutions Private Limited (hereinafter referred to as “We”, “Our”, and “Us”) a Private Limited Company incorporated and registered under the provisions of the Companies Act, 2013. We intend to ensure your steady commitment to the usage of this website and the services provided by us through our website “www.akhifi.com” (“website”)

For the purpose of these Terms of Use (“Terms”), wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the website. “You”, “Your”, “Yourself”, “User” shall mean and refer to natural and legal individuals who shall be users of this website and wish to avail the services provided by us and who are competent to enter into binding contracts, as per Indian laws. “Services” means and refers to the website providing you the services of purchasing electronic goods through the Website. “Third Parties” refer to any website, platform or individual apart from the users and the creator of this website.   

GENERAL TERMS

i. The headings of each section in these Terms and the Privacy Policy are only for the purpose of organizing the various provisions under these Terms and the Privacy Policy in an orderly manner and shall be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall have legal or contractual value on your usage of the website. ii. The use of this website is solely governed by these Terms and the Privacy Policy that shall be uploaded on the website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a user continue to access and use this website, you are agreeing to comply with and be bound by the Terms and Conditions of the website that shall be available on these Terms and the Privacy Policy. iii. You expressly agree and acknowledge that these Terms and Privacy Policy are co- terminus in nature and that expiry/termination of either one will lead to the termination of the other. iv. You unequivocally agree that these Terms and the Privacy Policy constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the website, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms and the Privacy Policy binding on you and that your act of visiting any part of the website constitutes your full and final acceptance of these Terms and the Privacy Policy. v. We reserve the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the website at once. Your continued use of the website will signify your acceptance of the changed terms.                                                                                                   

WEBSITE OVERVIEW

We are an online e-commerce platform who shall engage directly with the registered users of the website for the purpose sale of including but not limited to merchandise, electronic goods and all other products. Our main motto and intention are to remove the intermediaries involved while purchasing the products and we strive to provide you with a high quality and affordable Products. All the products listed shall be sold at the prices specified on the website. We will undertake to procure the orders and dispatch it from our warehouse. The user can additionally undertake to raise queries and seek clarification on the products and listing by emailing us at our customer care available on the Contact Us below.      

REGISTRATION

In order to make any purchases on the website, you will be required to register on the website. For the purpose of registration, we will undertake to seek the following information from your end.

1. Name
2. Email Id
3. Contact Number
4. Address

ELIGIBILITY

a) You represent and warrant that you are competent and eligible to enter into legally binding agreements and that you have the requisite authority to bind yourself to these Terms or represent a minor as a legally authorized parent or guardian following the law. All acts of minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.

b) You further represent that you will comply with these Terms and all applicable local, state, national and international laws, rules and regulations.

c) You shall not use the website if you are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.

PAYMENT GATEWAY

For making all payments for purchases on the website, we may require you to provide such payment and financial details and we may redirect you to a third-party payment gateway that we have an arrangement. The payment gateway may additionally seek information from you to process the payment and additionally may charge you the payment gateway charges that may be applicable. The payment gateway may provide you with the following modes to undertake payment which shall include but not limited to Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.

Further, we have undertaken to ensure a smooth transaction for you and hence have provided you with an Easy Installment Services through ZestMoney which will undertake to generate its own terms and conditions towards the receipt of your payment in installments or you can visit Terms and Conditions – ZestMoney.

CANCELLATION,RETURN, REFUND AND SHIPMENT  TERMS

Cancellation Terms: As a user and customer of the Website, you shall have a right to cancel the order upon the order being placed online through our website. For the purpose of Cancellation, you will be required to email us through the contact us form for cancellation request within 24 hours from the time of placing the order. For all orders cancelled by the user before shipment, we will try our best to cancel from our end however, the cancellation request will not be entertained once the orders have been shipped. In case the third party has already delivered the products, we will get in touch with you as soon as we can and give you the address to which you need to send your return. You need to make sure you send the product in a perfect, unused condition, and we will refund you the amount you paid by the same method as your original payment.

Return and Refund Terms: As a user, you shall be provided with an option to return the product after the delivery and request a refund if the order delivered is damaged on the delivery of the product. To initiate a return request, you shall undertake to raise a Return Request on the return & replacements section provided by the website. The user shall additionally undertake to provide such proof in the form of videos and photos to substantiate the return request. A failure to provide proof in the form of video and photo will result on the website cancelling the return request. Further, the request shall be placed within 24 hours from the receipt of the order. All returns and refunds shall be encouraged and accepted at the discretionary powers vested with the website. As a website that ensures to priorities its customer, we will however encourage a refund request at any given point of time post the order being placed, however we would only accept the request if you fulfill your obligation of ensuring the product ordered to be in the stains factory condition.

Shipment Terms: We will undertake to dispatch all the orders placed by you through our website within 48 hours from the time of placing the order.Once your order has been dispatched, you will receive an email with the details of the tracking number, Further you can also find tracking information on the website under “Track Your Order” section.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and we have no control and make no guarantees regarding the quality, the accuracy, integrity or genuineness of such content or such other information provided on the website. All the Content displayed on the website is subject to copyright and shall not be reused by you (or a third party) without the prior written consent from us and the copyright owner. You are solely responsible for the integrity, authenticity, quality, and genuineness of the content provided on the website and whilst feedback and comments by you can be made via the website, we bear no liability whatsoever for any feedback or comments made by the other users or made in respect of any of the content on the website. Further, the website reserves its right to suspend the account of any user for an indefinite period to be decided at the discretion of the website or to terminate the account of any user who is found to have created or shared or submitted any content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the website. You shall not copy, adapt, and modify any content without written permission from us.

INDEMNITY

You agree to indemnify, defend and hold harmless us, and our respective directors, officers, employees and agents (collectively, “Parties”), from and against any losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or maybe payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed according to these Terms. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

a. Your use of the website,

b. Your violation of these Terms. c. Your violation of any rights of another user. d. Your alleged improper conduct according to these Terms. e. Your conduct in connection with the website.

You agree to fully cooperate in indemnifying us at your expense. You also agree not to settle with any party without consent from us. In no event shall we be liable to compensate you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with your use of or access to the website and/or the services or materials contained therein.

LIMITATION OF LIABILITY

a. We are not responsible for any consequences arising out of the following events: i. If the website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure. ii. If you have fed incorrect information or data or for any deletion of data. iii. If there is an undue delay or inability to communicate through email. iv. If there is any deficiency or defect in the services managed by us. v. If there is a failure in the functioning of any other service provided by us.

b. The website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any third party, resulting from the use or misuse of the website or any service availed of by us through the website. The service and any content or material displayed on the service is provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the website. c. You are to comply with all laws applicable to you or your activities, and with all

policies, which are hereby incorporated into this Terms by reference. d. The website expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the website and which is incurred by you in connection with the website, including loss of profits; and any loss or damage incurred by you as a result of your breach of these Terms. e. To the fullest extent permitted by law, we shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the website.

TERM

a. These Terms shall continue to form a valid and binding contract between us and shall continue to be in full force and effect until you continue to access and use the Website. b. You may terminate your use of the website at any time. c. We may terminate these Terms and close your account at any time without notice and/or suspend or terminate your access to the website at any time and for any reason, if any discrepancy or legal issue arises. d. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate. e. It is also hereby declared that we may discontinue the services and website without any prior notice.

TERMINATION

a. We reserve the right, in its sole discretion, to unilaterally terminate your access to the website, or any portion thereof, at any time, without notice or cause. b. We also reserve the universal right to deny access to you, to any/all of are on its website without any prior notice/explanation to protect the interests of the website and/or other users to the website. c. We reserve the right to limit, deny or create different access to the website and its features concerning different users, or to change any of the features or introduce new features without prior notice. d. You shall continue to be bound by these Terms and the Privacy Policy, and it is expressly agreed to by you that you shall not have the right to terminate these Terms or the Privacy Policy till the expiry of the same.

COMMUNICATION

By using this website and providing your identity and contact information to us through the website, you agree and consent to receive calls, e-mails, or SMS from us and/or any of its representatives at any time. You can report to “yourfriends@iakhifi.in” if you find any discrepancy about the website or content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time is taken for investigation. You expressly agree that notwithstanding anything contained herein above, it may be contacted by us relating to any services availed by you on the website or anything pursuant thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to by us that any information shared by us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

You agree and acknowledges that you are a restricted user of this website and you:

a. Agree to provide genuine credentials whenever required on the website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.

b. Agree to ensure the Name, Email address, Mobile Number, Address and any such other information that may be provided and shall keep your information accurate and up to date.

c. Understand and acknowledge that the data submitted is entered into the database of the website.

d. Understand and agree that, to the fullest extent permissible by law, the website or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the website or this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.

e. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute,

disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the website. Any such use/limited use of the website will only be allowed with the prior express written permission.

f. Agree not to access (or attempt to access) the website and/or the materials or services by any means other than through the interface provided by the website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the website will lead to suspension or termination of your access to the website. We disclaim any liabilities arising concerning such offensive content on the website.

g. Expressly agree and acknowledge that the Content generated by the users and displayed on the website is not owned by us and that we are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the website, at our sole discretion.

You further undertake not to:

1. Engage in any activity that interferes with or disrupts access to the website or the services provided therein (or the servers and networks which are connected to the website).

2. Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity.

3. 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. The user may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the website, or any other viewer of the website, including any user account maintained on the website not operated/managed by the user, or exploit the website or information made available or offered by or through the website, in any manner.

4. 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 website or any affiliated or linked Websites.

5. Use the website or any material or content therein for any purpose that is unlawful or prohibited by these Terms of use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or any other third party (s).

6. Violate any code of conduct or guideline which may apply for or to any particular service offered on the website.

7. Violate any applicable laws, rules, or regulations currently in force within or outside India.

8. Violate any portion of these Terms of use or the Privacy Policy, including but not limited to any applicable additional terms of the website contained herein or elsewhere, whether made by amendment, modification or otherwise.

9. Commit any act that causes us to lose (in whole or part) the services of its Internet Establishment (“ISP”) or in any manner disrupts the services of any other supplier/service provider of the website.

10. You hereby expressly authorize us to disclose all information relating to you in our possession to law enforcement or other government officials, as we may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the website might be directed to disclose any information (including the identity of persons providing information or materials on the website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.

11. By indicating your acceptance to use any services offered on the website, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.

12. You agree to use the services provided by us, our affiliates, consultants and contracted companies, for lawful purposes only.

13. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the registration and debar you from using the website without prior intimation whatsoever.

14. You agree not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that: i .belongs to another person and to which you have no right to; ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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; iii. is in any way harmful to minors; iv. infringes any patent, trademark, copyright or other proprietary rights; v. violates any law for the time being in force; vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing; vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others; viii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; ix. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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; x. Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

                                                                                                 SUSPENSION OF USER ACCESS AND ACTIVITY

Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either

temporarily or indefinitely, or suspend/terminate your association with the website, and/or refuse to the usage of the website, without being required to provide you with notice or cause: a. If you are in breach of any of these Terms or the Privacy Policy. b. If you have provided wrong, inaccurate, incomplete, or incorrect information. c. If your actions may cause any harm, damage or loss to the other users or us, at our sole discretion.

INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information, and other distinctive brand features, save according to the provisions of these Terms that shall be available on the website. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the website or such other third party and other distinctive brand features of the website are the property of the website or the respective copyright or trademark owner. Furthermore, concerning the website, we shall be the exclusive owner of all the designs, graphics and the like, related to the website and you shall not use any of the intellectual property displayed on the website in any manner that is likely to cause confusion among existing or prospective users of the website, or that in any manner disparages or discredits the website, to be determined in the sole discretion. You are aware all intellectual property, including but not limited to copyrights, relating to said services resides with the owners, and that at no point does any such intellectual property stand transferred from the creators. You are aware that we provide the website for shopping and making purchases for the products listed on the website and we do not own any of the intellectual property relating to the independent content otherwise displayed on the website, apart from created graphics and specified content. You are further aware that any reproduction or infringement of the intellectual property of the owners by you will result in legal action being initiated against you by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by you that the contents of this section shall survive even after the termination or expiry of these Terms and/or Privacy Policy.

DISCLAIMER OF WARRANTIES AND LIABILITIES

a. You further agree and undertake that you are accessing the website at your sole risk and are that you are using the best and prudent judgment before availing of any features on the website or accessing/using any information displayed thereon. b. You agree that any kind of information, resources, activities, recommendations obtained/availed from the website, written or oral, will not create any warranty and we disclaim all liabilities resulting from these. c. We do not guarantee that the features and content contained on the website will be uninterrupted or error-free, or that the website or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the website. d. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms and/or Privacy Policy.

FORCE MAJEURE

We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of god, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by you hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through Arbitration. It is further agreed to by you that the contents of this section shall survive even after the termination or expiry of the Terms and/or Privacy Policy. If the Parties are unable to amicably resolve a dispute, the said dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the award passed by such sole arbitrator will be valid and binding on all parties. All cost of the Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Amritsar, Punjab, India. You expressly agree that the Terms, Privacy Policy and any other agreements entered between the Parties are governed by the laws, rules, and regulations of India.

MISCELLANEOUS PROVISIONS

a. Entire Agreement: These Terms, read with the Privacy Policy, form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.

b. Waiver: The failure at any time to require performance of any provision of these Terms shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

c. Severability: If any provision/clause of these Terms is held to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforce-ability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality, or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.

d. We reserve the right to revise  and/or discontinue any products shown on our website at any time without notice. By entering into the agreement , you agree and aware that the products shown on our website may not be available from time to time, or may have limited availability.

e. We will make our best efforts to source the Products specified in the agreement. However , if such products are not available at the time of delivery owing to circumstances  beyond our control:

a) We may offer to substitute similar products (as to type, specifications and standard) (“Substitute Products”), and at the same price, for the Products specified in the  agreement, and if you accept that offer such Substitute Products will become subject to the terms of the agreement in the place of the Products as if the Substitute Products had originally been named as the Products in the agreement We will send to you a notice confirming any such change to the agreement; or

b) If we are unable to offer any Substitute Products or you do not accept the offer of Substitute Products, then we will cancel the agreement and we will repay all monies paid to us by you.

Delivery

a) We will deliver the products to your residential address within ten(10) working days excluding affecting external factors like- natural calamities or any after receiving the payment as per payment mode.

b)You must ensure someone is present to accept delivery of the Products during the delivery period.

c) If you are not available to collect your delivery or for any other reason we are unable to make delivery to the delivery address provided, we may hold the Products you have purchased until we can make contact with you to confirm your current delivery address or until we are able to make delivery.

d) If no one is present to accept delivery of the Products during the delivery period, and we agree with you to attempt delivery a second time, you may be liable to pay for the actual cost incurred by us from our Third Party dispatch team.

e) If a Product is damaged in transit, we will arrange for a replacement Product to be provided.

f) We will not be liable for any Products missing, lost or damaged after they have been delivered to the correct delivery address.

g) Your delivery address must be registered with INDIA Post.

h) Rural deliveries may need to be made to INDIA post or any other agreed location and collected by you to avoid the products going missing or being damaged upon delivery.

j). Contact us: If you have any questions about these Terms, the practices of the website, or your experience, you can contact us by emailing at yourfriends@akhifi.com or Adarsh Sellutions Private Limited47, Mohindra Colony, Near Mata Ka Mandir, Amritsar, Punjab – 143 001, India