YOUR ACCEPTANCE OF THIS AGREEMENT: This is an agreement between You ("you”,” your" or “user”) and ACONSZ CONSTROPRODUCTS PVT LTD ("ACONSZ" "we," or "our") that governs your use of the search, booking/request services or any other services offered by ACONSZ through its website www.aconsz.com ("Website"), SMS, WAP,APP or any other medium (collectively "portal" ). Use of the portal is offered to you conditioned on acceptance of all the terms, conditions and notices contained in these Terms, along with any amendments made by ACONSZ at its sole discretion and posted on the Website.
1) Membership Eligibility
Use of the Portal is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Aconsz portal and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Aconsz reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Aconsz notice or if it is discovered that you are under the age of 18 years.
2) Your Account and Responsibility
3) Transaction at ACONSZ Portal
i) Aconsz portal facilitates Seller and Users to interact with each other for the purposes of commercial/contractual transactions. In this transaction Aconsz is acting as an intermediary, by creating a bridge between Seller and Users of Aconsz enabling users to place orders/bookings/request through various portals.
ii) All commercial/contractual terms are offered by and agreed between You and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Aconsz does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the User and Seller.
iii) Aconsz does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on or through the Portal. Aconsz does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Aconsz accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
iv) Aconsz is not responsible for any non-performance or breach of any contract entered into between You and Sellers. Aconsz cannot and does not guarantee that the concerned Sellers and/or You will perform any transaction concluded on the Aconsz portal. Aconsz shall not and is not required to mediate or resolve any dispute or disagreement between Seller and You.
v) Aconsz does not at any point of time during any transaction between Seller and You on the Portal come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to You.
vi) Aconsz through its platform is acting as an intermediary between You and Seller by facilitating the online Search Services and Information for the users. These Search Services and Information provided are aimed at making several day to day tasks conveniently actionable and accessible to the users.
vii) Aconsz is only providing a platform for the purposes of transaction and communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between You and Seller.
viii) At no time shall Aconsz hold any right, title or interest over the products nor shall Aconsz have any obligations or liabilities in respect of any transaction between You and Seller. Aconsz is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable etc.
ix) Prices mentioned on the Aconsz portal are approximate and subject to change. You are hereby advised to check with Seller for the final price, availability of the product and shipping charges (if applicable)
x) Pricing on any product(s) as is reflected on the portal may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
xi) If the calculation of pricing of any product is insufficient to cover the actual cost of products/services which is paid by the Seller to its wholesaler/supplier, then the Seller is not obligated to fulfill the transaction placed by you. Where the Seller chooses not to absorb the additional fee, Seller will notify you that the calculations are different from real costs and may offer you the option of paying the difference and going ahead with the transactions placed by you. You may choose to proceed and pay the higher delivery fee or cancel the transaction placed at Aconsz portal.
4) Mode of payment
i) User may choose to make the payment for the Services/Products through their valid credit / debit and/ or any other cards including e-wallets, online banking facility to make payment against any transaction being effected at the portal. User shall be bound to use his/her own credit / debit and/ or any other payment cards, online banking accounts to make any payment. Aconsz shall not be liable and responsible for any credit/debit or any other card frauds, misuse of User’s card or any unauthorized payment transactions which has been processed by User’s Bank / third party payment processor.
ii) User accepts and acknowledges that payment processing portal is hosted by a third party payment processor and usage of such payment processing portal shall be subject to such additional terms and conditions which such third party payment processor may prescribe from time to time. Aconsz will not process, store or transmit credit/debit or any other card related information or any banking related information at its portal.
iii) In such event, it is Aconsz’s policy is to redirect User to a payment processing portal hosted by a third party payment processor.
iv) Aconsz will take adequate encryption and security measures to maintain the data secured generated via portal and it shall maintain high standards in relation to providing secure services to Users using Aconsz portal.
Membership on the Website is free for You. Aconsz does not charge any fee for browsing and buying or requesting any service provider from any of its portals however, we reserve our right to charge the fee and/ or change fee policy as may be applicable from time to time.
6) Returns or Refunds
If at any time you are not satisfied with the quality of the products you have purchased, you may email at firstname.lastname@example.org wherein your complaint will be noted and will be forwarded to the respective supplier for its resolution or you can complain to the seller directly and may claim for a credit, replacement or refund of the purchased damaged ,incorrect product and improper service provider. Further, you hereby confirm and agree that you will not any right to claim or allege anything against Aconsz in respect of the products/services which are provided to you by the Seller or Services Provider
7) Cancellation and Modification
Cancellation or modification requests of any Order or services should be made directly to the seller or service provider.
8) Content disclaimer
We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and we expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk.
We derive our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete, and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website.
Aconsz reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the portal. Where appropriate, we will endeavor to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
All those sections in the portal that invite reader participation will contain views, opinion, suggestion, comments and other information provided by the general public, and Aconsz will at no point of time be responsible for the accuracy or correctness of such information. Aconsz reserves the absolute right to accept/reject information from readers and/or users and impose portal access rules and regulations for any user(s).
While every attempt has been made to ascertain the authenticity of the content in the portal, Aconsz is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the content in the portal including but not limited to any decisions based on content in the portal resulting in loss of data, revenue, profits, property, infection by viruses etc.
9) Warranty Disclaimer
Any provider of products or services is entitled to register with Aconsz. Aconsz provides the goods/services related information on its portal which has been provided/shared by sellers. Before availing any products/services you must satisfy yourself about all relevant aspects prior to placing an order for goods or services or before entering into any transaction. Aconsz has also not negotiated or discussed any terms of engagement with any of the seller. Booking, purchasing and availing goods and services from sellers shall be at your own risk.
We do not represent the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the portal.
References that we make to any names, marks, products or services of third parties or hypertext links to third party sites or information do not constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the portal.
THE MATERIAL/INFORMATION/SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT UNLESS OTHERWISE AGREED BY ACONSZ IN WRITING. ACONSZ DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE PORTAL AND MATERIALS. ACONSZ DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ACONSZ DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, PRODUCTS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE PORTAL SUBJECT TO APPLICABLE LAW.
10) Additional Disclaimer
Users (You) using any of Aconsz service across the following portal i.e. through internet Website (www.aconsz.com), WAP, SMS, phone or any other medium are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before You (Users) rely, act upon, make any bookings or enter into any transaction with the Seller listed with Aconsz.
All the users are cautioned that all and any information/products or services of whatsoever nature provided or received from the Seller is taken in good faith, without least suspecting the bonafide of the Seller and Aconsz does not confirm, does not acknowledge, or subscribe to the claims and representation made by the seller listed with Aconsz. Further, Aconsz is not at all responsible for any act of Seller or Service Provider listed at Aconsz or any claims arising owing to or pursuant to such acts of the Seller or Service Provider.
11) IPR Infringement
If you notice that any Intellectual Property right has been violated by any of our sellers, you may follow the process as may specified under the infringement policy.
12) Unlawful Activity
We reserve the right (at our discretion) to investigate complaints or reported violations of the Terms and to take any action we deem appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your registration data, usage history, posted materials, IP addresses and traffic information etc.
13) Risk and Title
Risk in the products/services passes to you upon delivery of the products/services to the delivery address by the Seller or Service Provider. Aconsz does not have any liability and you shall have no claim against Aconsz, for any loss,damage or theft of the products/services provided to you.It may happen during transit of products/services or in case of theft by service provider at place of work.
In no event shall Aconsz, its officers, directors, employees, partners or suppliers be liable to You, the seller 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 or whether or not Aconsz has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or materials.
15) Limitation of liability
You acknowledge that Aconsz is an "as is site" and that Aconsz is not making and has not made any warranty or representation as to suitability, merchantability, quality of the products/services which will be supplied or delivered by its Seller or Service Provider for any particular purpose. You agree that in using Aconsz You are not relying on any statement or representation made by Aconsz which is not expressly contained in this Agreement.
IN NO EVENT SHALL ACONSZ BE LIABLE TO YOU ON ACCOUNT OF YOUR BOOKING, USE, MISUSE OR RELIANCE ON THE PORTAL: FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF ACONSZ IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE PORTAL, THE MATERIALS OR THE INTERNET GENERALLY, OR THE USE (OR INABILITY TO USE), RELIANCE UPON OR PERFORMANCE OF ANY MATERIAL CONTAINED IN OR ACCESSED FROM ANY PORTAL. ACONSZ DOES NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT, SERVICES OR PROCESS DISCLOSED ON THE PORTAL OR OTHER MATERIAL ACCESSIBLE FROM THE PORTAL.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS PORTAL AND THE INTERNET GENERALLY. THE FOREGOING LIMITATIONS SHALL APPLY.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
We at Aconsz may periodically change the Terms and the Website without notice, and you are responsible for checking these Terms periodically for any revisions. All amended Terms become effective upon our posting to the Website, and any use of the Website after such revisions have been posted signifies your consent to the changes. If any such change or modification is unacceptable to you, please refrain from using the services offered by the Website. If following any such change or modification you continue to use the Website or content, you will be deemed to have accepted those changes or modifications and no specific consent will be required.
You hereby confirm and acknowledge that the contact details, age and other details provided by you to Aconsz are accurate and can be used and forwarded by Aconsz to the Seller for which the call, enquiry or visit to Aconsz portal has been made by you to Aconsz.
18) General Instructions
Seller’s and Service Provider’s listed at Aconsz portal who have processed and delivered your ordered products/services are solely responsible for quality, delivery and billing of the goods/services. Aconsz only acts as a channel between you and the Seller.
We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the portal or its content for any particular purpose.
We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs.
We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the portal, which is beyond our control. For the avoidance of doubt, we do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website.
19) Force Majeure
Aconsz and its registered Sellers will be not be liable for breach of these Terms to the extent caused by or arising from prohibition, or restriction by law, or regulation or any government, fire, flood, storms, weather, strike, lock-out or other labour problems, accident, riots, acts of God or any other events which is beyond its control.
In the event a dispute arises between you and Aconsz as per these Terms, the parties shall attempt to amicably resolve the dispute through mutual discussions. Where the dispute is not resolved for a period of 90 days from the date of the dispute, either party can, upon giving a written notice to the other party, declare its intention to initiate arbitration proceedings. The arbitration will be conducted in English in accordance with the rules prescribed under the Arbitration and Conciliation Act, 1996. The venue for the arbitration shall be Pune. The arbitration shall be conducted by a sole arbitrator appointed by Aconsz. The award of the arbitrator shall be final and binding on the parties. Each party shall bear its own cost of arbitration.
21) Governing Law and Jurisdiction
These Terms shall be governed and construed in accordance with the laws in India. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts in Pune, India.
22) Provisions are severable
Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions.
Please exit Aconsz.com Website, if you don't agree to these Terms,
If you have any questions or concerns about this Agreement please contact us at email@example.com for more information.