Terms of Service
By accessing our ‘Abyahi Complete Puja Material website www.abyahi.com (“Website”).you agree to be bound by the provisions of these Terms of Service. The domain name, Website is owned, registered and operated by “Abyahi Solutions LLP.,”a Limited Liability Partnership company incorporated under the (Indian) Companies Rules, 2009, and having its registered office at WZ-497 Sri Nagar Shakurbasti, New Delhi and its corporate office at RZ D93 Ground Floor Gali No. 4 Mahavir Enclave, New Delhi India (hereinafter referred to as “Abyahi Solutions” or“us” or “our” or “company”).
The domain name, Website is owned, registered and operated by Abyahi Solutions LLP., a Limited Liability Partnership company incorporated under the (Indian) Companies Rules, 2009, LLP Identification Number: ACD-9536, and having its registered office at WZ-497 Sri Nagar Shakurbasti, New Delhi, and its corporate office at RZ D93 Ground Floor Gali No. 4 Mahavir Enclave, New Delhi (hereinafter referred to as “Abyahi Solutions” or “ us” or “we” or “our” or “Company”).
These terms and conditions of use (“Terms of Use”), are between the Company, and the User(s), who are registered with us, or who use the Website (hereinafter referred to as “You” or “Your” or “ User(s)”). The User can be:
- A person, utilizing the service of Abyahi Solutions
Please read these Terms of Service as they shall govern your use of the Abyahi website. By using or visiting the Abyahi website, or any Abyahi products, software, data feeds, and services provided to you on, from, or through the Abyahi website (collectively the “Service”) you signify your agreement to (1) these “Terms of Service”, (2) Bada Business’s Privacy Policy, found at abyahi.com/privacy-and-policy and incorporated herein by reference and any other terms that are updated from time to time. If you do not agree to any of these terms, the Privacy Policy, please do not use the Service.
These Terms of Service are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the Website and/or App.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version www.abyahi.com. Abyahi Solutions may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Services post any modification of the Terms of Service shall be taken as your consent and acceptance to such modifications. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
Service
- These Terms of Service apply to all Users of the Service.The Service includes all aspects of Abyahi website which includes but is not limited to products, software and services offered via the Abyahi website, such as the Abyahi online E-Commerce platform, that Abyahi introduces from time to time.
- The Website is an online E-Commerce platform that supports and facilitates the online Complete Puja Material.
- The Service may include or contain links to any third party websites that may or may not be owned or controlled by Abyahi. Abyahi has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Abyahi will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Abyahi from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third party service or website you read and understand the terms and conditions and privacy policy of each such website that you visit.
- Subject to these Terms of Service and the Privacy Policy, Abyahi hereby grants the user a limited, non-transferable, non-exclusive, limited privilege to use this Website.
- You agree and acknowledge that Abyahi shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, the User Content, hours of availability and equipment needed for access or use. Further, Abyahi may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics. Abyahi reserves the right to refuse access to the Website, terminate Accounts, remove or edit service without any notice to You.
Payment terms
Payments shall be made within the timelines that are communicated to you. All payments made herein, shall be subject to applicable taxes and non refundable.
Electronic Communication
When you visit Abyahi or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on this site. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
Confidentiality
You will not without obtaining prior written consent of Abyahi, disclose to third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Service.
For the purpose of this clause Confidential Information shall include but shall not be limited be limited to pricing, payment terms, employee details, user list, business model, processes, ideas, concepts etc. relating to Abyahi which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Abyahi and any breach of the same shall cause irreparable damage to us.
Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ABYAHI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, ABYAHI EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON ABYAHI, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ABYAHI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ABYAHI WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ABYAHI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE AT ABYAHI, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, ABYAHI LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT ABYAHI SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SERVICE IS CONTROLLED AND OFFERED BY ABYAHI FROM ITS FACILITIES IN INDIA. BADA BUSINESS MAKES NO REPRESENTATIONS THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Abyahi, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms of Service and your use of the Service.
Eligibility to use and Acceptance of the Terms of Service
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 years of age, then please talk to your parents before using this website.
Abyahi reserves the right to refuse access to use the Services offered at the Website and/or App to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them. You agree and acknowledge that your use of the Website and the Services is subject to the most current version of the Terms of Service made available on the Website at the time of such use.
Force Majeure
Abyahi shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond the its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather.
Information Technology Act
Certain laws in India prohibit and impose restriction on use of the Website and you are advised to make familiar with those laws and not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
Other Laws
Certain laws require to maintain data with respect to the services, Goods and other personal information in a prescribed format and Abyahi will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
Governing Law and Jurisdiction
The Terms of Service are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the Exclusive Jurisdiction of National Capital Region of Delhi, India.
General
If any part of these Terms of Service is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the Services shall be in writing to the registered office of Abyahi. We do not guarantee continuous, uninterrupted or secure access to our Service, and operation of the Service may be interfered withy by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of abyahi.com The User hereby agrees to receive Whatsapp, sms and email notifications on his/her registered mobile number. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
