Eligibility

The services of the website are available only to persons who are competent to enter into a legally binding contract under the Indian Contract Act, 1872. Persons who are incompetent to enter into a contract under the Indian Contract Act, 1872, including un-discharged solvents, etc. are eligible for the services provided by this website. In case of a minor i.e.,  under the age of 18 years you may use this website only under the supervision or with consent of a parent or legal guardian who agrees to be bound by these Terms of Use and can transact on behalf of the minor if they are the registered users. Also, The parent or legal guardian is solely responsible for maintaining the confidentiality of their account and password, as well as for restricting access to their computer. They shall also be held accountable for all activities that take place under their account and password.

You are prohibited from utilizing our products for any unlawful or unauthorized purposes. Any breach or violation of these Terms will lead to the immediate termination of your access to our services, and you shall not be permitted to register as a user or engage in transactions on this website.

Definitions:

The following terminology applies to these Terms and Conditions, Privacy policy and Disclaimer Notice and all Agreements:

1. “Customer”, “User”, “You”; and “Your”, shall mean any natural or legal person who is accessing the Website, its contents and using the products, services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter).
2. “Registration Data”, shall mean while registering on the Website as Registered User / Guest User using the computer systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing phone number and email id.
3. “We”, “us”, “our”; and “Acadour” shall mean and include its associates and affiliates.
4. “Intellectual Property Rights” means all patents, designs and drawings, trademarks, service marks, logos, domain names and utility models, copyrights, inventions, brand names and business names and any similar rights and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or otherwise, and includes applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world);
5. “Applicable Law” means all laws, ordinance, statutes, rules, orders, decrees, injunctions, licenses, permits, approvals, authorizations, consents, waivers, privileges, agreements and regulations of any governmental authority/court of law having jurisdiction over the relevant matter including any interpretations thereof, in effect;

Absolute Consent:

Upon “Acceptance”, this User Agreement shall be effective and binding upon you along with any amendments made by the website at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely on the grounds that this MOU is being concluded electronically. For the aforesaid purposes, “Acceptance”,  shall mean your affirmative action in clicking on the “Register” button ; as provided on the registration page or clicking on “Buy now” button, while transacting as Guest User or any act which reflects your use of the Website or the services provided by the Website or any such other actions that implies your acceptance.

You hereby further agree that this User Agreement is being concluded and executed at New Delhi. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do not click on the “Register” button and/or “ Buy Now” button and do not seek to obtain access to or otherwise use the Website.

Privacy and Use of Cookies:

We employ the use of cookies. By accessing www.acadour.com, you agreed to use cookies in agreement with the Acadour’s Privacy Policy, ______.  Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

Intellectual Property Rights:

All Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or by Acadour or by third parties who have licensed their materials to Acadour and are protected by Indian and international copyright laws. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this website may be viewed, downloaded, reproduced or distributed in unmodified form for personal non- commercial use only. Any other use of the content, including but not limited to distribution, reproduction, modification, display without written consent of Acadour is strictly prohibited.

The Website is owned by M/s. Acadour and is subject to and protected by various intellectual property rights, including but not limited to copyright, trade secrets, trademarks, service marks, brand names and other proprietary rights whether under contract, statute or any similar provisions (“IP Rights”). All IP Rights are and shall remain the exclusive property of Acadour, its respective third-party licensors or third parties to whom it is attributed and in using the Website individual users shall not obtain any rights, title or other interest in or to any information on the Website or related IP Rights.

Amendments:

We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice to you. It is your responsibility to review this User Agreement periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with the provisions of this Agreement, we grant you a personal, non- exclusive, non-transferable, limited privilege to enter and use the Website.

Managing the Rights of Website Users:

The access and utilization of the Website by you is governed by us, including any images, text, illustrations, designs, icons, photographs, programs, downloads, systems and methods of trading, video clips, graphics, user interfaces, visual interfaces, information, data, tools, products, written materials, services and other content (together, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of the Content available on or through the Website. Acadour grants you a limited right to use the Website. The individual user shall not use the Website in any way that is fraudulent or unlawful. Your right to use the Website is subject to your agreement to abide by the Terms and Conditions of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions, privacy policy that govern all or any portion of the Website. At any time and for any reason Acadour may revoke your right to use all or any portion of the Website.

The Website and the Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

Website Security:

You may not violate or attempt to violate the security of the Website. It is strictly prohibited to breach or attempt to breach the security of the Website. This includes altering any part of the Website, providing false or inaccurate information, pretending to be someone else, or engaging in fraudulent activities on the Website, whether directly or through third-party agents. These actions are in violation of the Terms and Conditions of Use. You are prohibited from violating or attempting to violate the security of the Website, including, but not limited to; (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) disabling, removing, defeating, or avoiding any security device or system, including, without limitation, any password and login functionality used to authenticate users; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, flooding, spamming, mailbombing or crashing (e) sending unsolicited email, including promotions and/or advertising of products or services; (f) forging any TCP/IP packet header or any part of the header information in any email or posting; (g) using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents available on the Website and other than generally available third party web browsers; (h) reverse engineering, decompiling or disassembling the underlying software; (i) removing any notices, warnings, labels, annotations or instructions from any portion of the Website or any related material, including, without limitation, any patent, trademark, copyright, or other proprietary notices or license provisions; or (j) otherwise invading the privacy of, obtaining the identity of, or obtaining any personal information about any user of the Website.

If you attempt to intentionally access a computer without authorization or exceed your authorized access level, it may result in civil and criminal charges, as per applicable laws. Acadour reserves the right to investigate any occurrences that may involve such violations and may cooperate with law enforcement authorities in prosecuting users who are found guilty of such violations. We may restrict or terminate the access of any user to the Website, without any prior notice or warning, if we determine that such restriction or termination is necessary to prevent or contain a virus, security breach, or system malfunction from spreading further. Therefore, it is important that you comply with the security protocols and guidelines set by the Website to avoid any legal or other consequences. As a user accessing the Website, it is important to note that the internet is generally not considered a secure environment, and any data sent via the internet may be accessed by unauthorized third parties, which could result in disclosures, content changes, or technical issues. It is also possible for data to be transmitted across international borders, even if both sender and receiver are located within the same country. Please be aware that Acadour cannot be held responsible or liable for the security of data while it is in transit over the internet. Therefore, it is advisable that you take necessary precautions to ensure the security of your data while accessing the Website.

Please note that the Website may contain links that, when activated, may redirect you away from the Website. These links are provided solely for your convenience and information, and using them is entirely at your own risk. It is important to understand that Acadour has not reviewed the websites linked to or connected with the Website. Therefore, we cannot be held responsible for the content, accuracy, or any other aspect of these external websites. As a user, you should exercise caution and discretion when accessing any external links and understand that any actions taken are at your own risk.

Ownership of Website’s content:

Individual users are entitled to view the Information on the Website and to download and print such information for personal use. Individual users are not permitted to sell or distribute or otherwise deal with the Information on the Website or any deviations of such information without the prior written consent of Acadour.

No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content or the Website.

Nothing on the Website shall be interpreted as granting any license or right to use any image, trademark, trade dress, logo or service mark on the Website. Acadour reserves all rights with respect to copyright and trademark ownership of all material on the Website, and will enforce such rights to the full extent of the law.

Acadour grants you a limited right to use the Website. The individual user shall not use the Website in any way that is fraudulent or unlawful. Your right to use the Website is subject to your agreement to abide by the Terms and Conditions of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website., its respective third-party licensors or third parties to whom it is attributed and in using the Website individual users shall not obtain any rights, title or other interest in or to any information on the Website or related IP Rights.

Reliability of Information,  Products and Prices listed :

The Information provided on this Website is intended solely for informational purposes. Any reliance on the content found on this site is undertaken at your own risk. The products or services may have limited quantities and are not liable to any return or exchange.  

At Acadour, we make every effort to provide accurate descriptions of our products on the platform. Nevertheless, we cannot guarantee that the product descriptions, colors, information, or any other content on the platform is entirely accurate, comprehensive, dependable, up-to-date, or free from errors. Additionally, the product images are for reference purposes and may not precisely match the actual product.

Acadour reserves the right to rectify, modify, or update information, addressing errors, inaccuracies, or omissions at any point, including after an order has been placed, without prior notice. It is important to be aware that these inaccuracies, omissions, or errors may pertain to product or service pricing and availability as well.

Also, the prices displayed on this website are subject to change without prior notice. The prices that are in effect at the time of order commencement will be applicable. The posted prices also encompass associated charges and taxes. If there are any additional charges, they will be clearly communicated on the website .

About Shipping, handling and risk of loss:

At Acadour, our commitment to delivering quality services is paramount. We make every effort to expedite the shipment of your products. However, the duration of the shipping process may vary and could take up to ____ n umber of business days, depending on various factors. Additionally, please be aware that we reserve the right to cancel any orders placed by you based on the availability of the respective products.

Upon placing an order, we will initiate the necessary shipping arrangements to deliver the products to you. However, it’s important to note that we cannot be held responsible for any delays in the shipping process. Furthermore, please be aware that the risk of loss is transferred to you once the product has been dispatched, shipped, or is in the process of being delivered to your location.

However, in case of any damaged product, it may be eligible for replacement, subject to acceptance and approval of the conditions outlined in our return/refund/replacement policy. 

No Warranty; Limitation on Liability:

1. No Warranties: Acadour, provides its products and services, including this website, on an “as-is” and “as-available” basis. It expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
2. No Guarantee of Accuracy: We make no representation or warranty regarding the accuracy, completeness, reliability, or timeliness of the content, information, or materials provided on this website. You acknowledge that any reliance on such information is at your own risk.
3. No Warranty of Product Performance: We do not warrant or guarantee the performance, efficacy, or suitability of its products for any specific purpose or application. Individual experiences with the products may vary.
4. Exclusion of Damages: To the fullest extent permitted by applicable law, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising out of your access to or use of this website or Acadour’s products.
5. Limitation of Liability: In no event shall the total liability for any claims arising from or related to this website or its products exceed the amount paid by you for the specific product or service giving rise to the claim.

Third Party Content and Linked Websites:

References on this Website to any names, marks, products or services of third parties, or hypertext links to third party websites or information or Content provided by third parties, are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, its information, materials or services. We are not responsible for the practices or policies of such third parties, nor the Content of any third party sites, and do not make any representations regarding third party materials or services, or the Content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.

Warning Regarding Web Fraud and Phishing:

Misuse of our name, brands and reputation by imposters and frauds publishing fake websites and engaging in “phishing” scams seeking personal or confidential information. When communicating with Acadour through digital media, please:

1. Confirm you are visiting Acadour’s authorized web site.
2. Do not share your password and login ID with anyone, including anyone from Acadour. Acadour’s website is private, available only to customers through secure log-in procedures. Apart from allowing you to use your password and log-in to enter an authorized web site, Acadour will never ask you for your password or login information. (If you forget your password or login, we will issue you new ones.)
3. Do not communicate or deal with personnel who are not affiliated with an authorized office. The authorized office location is listed on our contact page. No other office location is the authorized office of Acadour.
4. Do not send emails to anyone with an address other than authorized Acadour’s e-mail address as is mentioned on the Website.

Indemnity:

You agree to indemnify and hold harmless Acadour and (as applicable) its subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorney’s fees asserted against or incurred by Acadour, made by any third party arising out of your breach or non-performance of terms of the User Agreement, rules and policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or the rights of a third party or any other right. The indemnity obligations set forth in this Agreement shall survive the termination or expiration of this Agreement for any reason.

Severability:

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

Entire Agreement:

This Agreement sets forth the entire understanding and agreement between you and Acadour with respect to the subject matter hereof.

Grievance Officer:

In accordance with Information Technology Act, 2000 and rules made there under, the contact details of the Grievance Officer is published herewith: _____ 

Arbitration:

Any dispute arising out of or in connection with or in relation hereto shall so far as possible, in the first instance, be amicably settled by and between the parties. In the event of disputes, claim/or differences which are not being amicably resolved, such disputes shall be referred to arbitration by a sole Arbitrator, nominated and appointed by mutual consent of both the parties or if mutual consent of both parties is not possible then each party shall appoint one arbitrator each who then jointly and amicably shall appoint the Presiding Arbitrator, whose decision shall be binding upon both parties. The arbitration proceedings shall be conducted in the English Language and shall be governed by Arbitration & Conciliation Act, 1996, as amended from time to time, or rules made thereunder. The place of Arbitration shall be New Delhi, India.

Governing Law:

The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to clause of Arbitration above, all disputes arising under this Agreement between you and Acadour shall be subject to the exclusive jurisdiction of courts at New Delhi, India.

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