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Terms & Conditions

Terms and Conditions

Terms and Conditions

1. Use of Platform

Restore Systems Pvt Ltd (“RSPL”) is the licensed owner of the website awenest.in (”The Site”) . As a visitor to the Site/ Customer, you are advised to please read the Term & Conditions carefully. By accessing the services provided by the Site you agree to the terms provided in this Terms & Conditions document.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

The Platform is only for your personal, non-commercial information and use. These Terms and Conditions (hence " Terms of Use "), as well as the Privacy Policy, Shipping Policy, and Cancellation, Refund, and Return Policy (collectively " Policies "), as modified and amended from time to time, govern your use of the Platform's services and features. 

By simply accessing or using the Platform, you agree to be bound by these Terms of Use and Policies, without restriction or qualification, whether or not you have read them. Please read this agreement carefully before proceeding because accessing, browsing, or otherwise using the platform indicates your unconditional agreement to all of the terms and conditions in this agreement.

Please do not use the Platform if you do not agree to any of the terms listed in the Terms of Use or Policies. You are responsible for ensuring that your access to this Platform and the content available on or through it is legal in each jurisdiction in which you access or view the platform or such content. 

Transaction on the Platform 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 un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. RSPL reserves the right to terminate your transaction and / or refuse to provide you with access to the Platform if it is brought to RSPL’s notice or if it is discovered that You are a minor and transacting on the Platform.

The Users represent that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations

RSPL retain the unilateral right to amend the particulars contained in the Terms of Use or the Policies from time to time and at any moment, without notification to its users and in its sole discretion. RSPL will post the new version of the Terms of Use or Policies on the Site. Any change or modification to the Terms of Use and Policies will take effect as soon as the Terms of Use and Policies are uploaded to the Site. Whether or whether you have read the new Terms of Use and Policies, your continuing use of the Platform after they have been modified represents your acceptance of the modified Terms of Use and Policies. As a result, you should examine these Terms of Use, our Guidelines and Rules, and any other applicable policies, including their dates, on a regular basis to ensure that you are aware of the terms and circumstances that govern your use of the Site.

These terms apply to all visitors, users and others who access or use the service. By simply accessing or using the Website, you agree to abide by these Terms of Use and Policies, without restriction or qualification, whether or not you have read them. Please read this agreement carefully before proceeding because accessing, browsing, or otherwise using the website indicates your unconditional agreement to all of the terms and conditions in this agreement. Please do not use the website if you do not agree to any of the terms listed in the Terms of Use or Policies.

2. Accounts

When you set up an account with us, you must always provide us with information that is always accurate, complete, and up to date. Failing to do so amounts to a breach of the Terms, and your account on our service may be terminated immediately. 

You are solely responsible for the security of the password you use to access the Service, as well as any activities or actions carried out under your password, whether your password is with our Service or a third-party service. 

If you are accessing, browsing, or using the Site on behalf of another person, you indicate that you have the authority to bind that person to all of the terms and conditions set forth in this document. If the person refuses to be bound by the Terms of Use as the principal, you agree to assume responsibility for any harm caused by any wrongful usage of the Site resulting from such access or use, regardless of nature.

You agree not to reveal your password to anyone else. You must notify us immediately if you become aware of any security breach or unauthorised use of your account.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in RSPL’s and RSPL’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

3. Information On Products And Services

We make every effort to be as truthful as possible when describing products on the Platform. RSPL does not, however, guarantee that the Platform's product descriptions, colors, information, or other content is accurate, comprehensive, reliable, current, or error-free. The Site may contain typographical mistakes or inaccuracies, and it is not guaranteed to be complete or up to date. The product images are for illustration purposes only and may not represent the actual product. 

RSPL maintains the right, without prior notice, to rectify, change, or update information, mistakes, inaccuracies, or omissions at any time (even after an order has been submitted). Please keep in mind that the pricing and availability of the goods or services may also be affected by such errors, inaccuracies, or omissions.

4. Product Use and Services

The Platform's products and services, as well as any samples it may provide you, are intended solely for your personal and/or professional use. You may not sell or resell any of the products or services, including samples, that you may get from us.

RSPL is not responsible for any manufacturing side-effects or service provider, and the manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints if any products or beauty services purchased, received, or availed cause side effects or do not suit you. Before using any of the products or beauty services, you should carefully read the unique terms and conditions and see a specialist.

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

5. Recommendation of Products and Services

Any recommendation provided to you in the Site during your use of the Site is just for informational purposes and for your convenience and does not imply that RSPL or any of its associates endorses the goods or services in any way.

6. Pricing of Products

We make every effort to offer accurate product and pricing information, but mistakes sometimes happen. We will not be able to confirm the price of the item until you place an order. Without limiting the generality of Clause including Cancellations, Refunds, and Returns if a product or service is listed at an incorrect price or with incorrect information due to a technical error, RSPL reserves the right, in its sole discretion, to refuse or cancel any orders placed for that product or service, unless the product has already been delivered or the service has already been used by you. RSPL may, at its option, contact you for instructions or cancel your order and notify you of such cancellation if an item is incorrectly priced. RSPL reserves the right to modify the price of the product/service and contact you for further instructions using the e-mail address provided by you during registration or placing an order, or cancel the order and notify you of such cancellation unless the product ordered by you has been delivered and the services have been utilized.

If we accept your order, the amount will be deducted from your credit/debit card account and you will be notified via email that the payment has been processed. RSPL has the right to process your payment before sending you the product you ordered. If we have to cancel an order after the money has been received, the amount will be refunded to your credit or debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF RSPL. We may revise and cease to make available any product/ services at any time. In the event, RSPL is unable to deliver the product to you on time or at all, you will be notified by e-mail and your order will be automatically canceled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. RSPL shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

7. Links To Other Websites

Links to third-party websites or services that are not owned or managed by us may appear on our Service. We have no control over and assumes no responsibility for, any third-party websites or services, including their content, privacy policies, or practices. You further acknowledge and agree that we will not be liable, directly or indirectly, for any damage or loss caused or claimed to be caused by or in connection with the use of or reliance on any such content, products, or services accessible on or through any such web sites or services.  We are not responsible for such pages and websites' activities, content, products, or services, including, without restriction, their privacy laws and terms and conditions. 

All off-website pages and other websites that you visit using the site should have their terms and conditions and privacy policies carefully reviewed.

8. Termination

We reserve the right to terminate or suspend your access to our Service at any time, without warning or responsibility, for any reason, including but not limited to, if you violate the Terms. 

All provisions of the Terms that, by their nature, should survive termination, such as ownership provisions, warranty disclaimers, indemnification, and liability limits, shall survive termination. 

We reserve the right to terminate or suspend your account at any time, without warning or liability, for any reason, including but not limited to if you violate the Terms. Your right to use the Service will be immediately terminated upon deactivation. You can simply stop using the Service if you want to close your account. All provisions of the Terms that, by their nature, should survive termination, such as ownership provisions, warranty disclaimers, indemnification, and liability limits, shall survive termination. To safeguard the interests of the website and/or other visitors to the website, it has the right to prohibit access to certain users, to any/all of them, on its Platform without prior warning or explanation. 

9. Modifications 

We reserve the right to change or update these Terms at any time at our sole discretion. If the change is significant, we will endeavor to give you at least 30 days' notice before the new terms take effect. We shall decide what constitutes a material change at our sole discretion. You agree to be bound by the updated terms if you continue to access or use our Service after they become effective. Please cease using the Service if you do not agree to the revised conditions.

10. Chat Functionality and other Tools

The Chat feature has been added to assist you with any and all Site-related issues. The following terms and conditions apply to any use of this service: 

  • RSPL reserves the right to terminate the chat service at any moment and without warning. 

  • RSPL and its executives are not liable for any delays in responding to or answering chat concerns. 

  • RSPL may store chat communications for future reference, and the user of such a service will not have the right to view such information at any time in the future.

  • ​​You may not convey any objectionable content, such as unlawful, threatening, abusive, defamatory, or obscene information, while 'chatting.' 

  • The chat room may not be used to promote items, make business recommendations, or engage in any other sort of solicitation. 

  • If you agree to the above terms and conditions, you may continue to speak with our online customer service representative

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

11. Intellectual Property Rights

Nothing in this document gives the User the right to use any of the Platform's trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, or other distinctive brand features unless expressly agreed to in writing, except as provided in these Terms. All logos, trademarks, brand names, service marks, domain names, and other unique brand aspects of the Platform, including material, designs, and visuals created and developed by the Platform, are the property of the Company or the applicable copyright or trademark owner. Furthermore, with respect to the Platform produced by the Company, the Company shall be the sole owner of all designs, graphics, and other materials associated with the Platform.

The User understands that all intellectual property connected to said services, including but not limited to copyrights, remains with the owners and that no such intellectual property is ever transferred from the aforementioned authors to the Company or any other User. The User understands that the Company just provides a platform for Users to communicate and organize meetings, and that, aside from produced graphics and defined material, the Company/Platform does not control any intellectual property relating to the independent content presented on the Platform.

The User is furthermore aware that any replication or infringement of the aforementioned owners' intellectual property by the User will result in legal action being taken against the User by the respective owners of the intellectual property infringed upon. The Parties have agreed that the contents of this Section will continue to apply even if the Terms and/or Policy are terminated or expire.

12. Site Protection

You are forbidden from breaching or attempting to violate the Site's security, which includes, but is not limited to:

  1. gaining access to data that is not meant for you or connecting onto a server or account that you are not allowed to use;

  2. attempting to disrupt service to any other user, host, or network, including by uploading a virus to the Site, overloading, "flooding," "spamming," "mail bombing," or "crashing;"

  3. attempting to probe, scan, or test a system's or network's vulnerability, or to circumvent security or authentication mechanisms without proper authority;

  4. sending unsolicited email, including product or service marketing and/or advertising; or

  5. In any email or newsgroup posting, forging any header or part of the header information is prohibited. System or network security violations may result in legal or criminal responsibility.

13. Content

The information, photo, image, chat communication, text, software, data, music, sound, graphics, messages, videos, or other materials transmitted, uploaded, posted, emailed, or otherwise made available to us (" User Content "), are entirely your responsibility and we will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating, or sharing any information that

  • belongs to another person and to which the user does not have any right to;

  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever;

  • harm minors in any way;

  • infringes any patent, trademark, copyright or other proprietary rights;

  • violates any law for the time being in force;

  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

  • impersonate another person;

  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  • threatens the unity, integrity, defence, 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 offence or is insulting any other nation.

RSPL shall in no way be held responsible for examining or evaluating User Content, nor does it assume any responsibility or liability for the User Content. RSPL does not endorse or control the User Content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of User Content is not guaranteed by us. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, emailed or otherwise made available via the Site. You hereby waive all rights to any claims against RSPL for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.

You hereby acknowledge that RSPL has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, RSPL has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.

If you wish to delete your User Content on our Site or in connection with our mobile applications, please contact us by email at support@awenest.in and request you to include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Site and/or mobile applications, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are unable to provide such information to us. Please allow up to 30 business days to process your deletion request.

 

Feedback and Reviews

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

14. Limitation of Liability:

The Company/Founders/Promoters/Partners/Employees/Associated Platform's People are not liable for any damages resulting from the following events: 

  • If the Platform is unavailable or unresponsive due to any internet connectivity issues, including but not limited to sluggish connections, no connectivity, or server failure; 

  • If the User has provided wrong information or data, or if data has been deleted; 

  • If there is a significant delay or inability to communicate by email;

  • If any of the Services managed by Us have a flaw or problem; 

  • If any other Platform service fails, you will be notified. 

The Platform assumes no responsibility for any errors or omissions on its part, or for any harm caused to the User, the User's possessions, or any third party as a result of the User's use or abuse of the Platform or any service obtained via the Platform. The service, as well as any Content or material displayed on it, is provided "as is," with no promises, conditions, or warranties as to its correctness, suitability, completeness, or reliability. The Platform will not be liable to you if the Platform is unavailable or fails.

Users must abide by any laws that apply to them or their activity, as well as all Policies, which are hereby incorporated by reference into this Agreement. 

The Platform expressly disclaims any and all liability for any loss or damage suffered by you in connection with the Platform that was not reasonably foreseen by the Platform, including loss of profits, as well as any loss or damage incurred by you as a result of your breach of these terms. The Platform is not liable to you or any other party for any loss or damage, regardless of the form of action or basis of such claim, to the fullest extent permitted by law. You understand and agree that your sole and exclusive recourse in the event of a disagreement with us is to stop using the Platform.

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF RSPL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

This disclaimer constitutes an essential part of this Terms of Use.

You agree to indemnify, defend and hold harmless RSPL and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

15. User Obligations and Code of Conduct

The User understands and agrees that they are a limited user of this Platform and that they: 

  • Accept to submit valid credentials during the Platform signup process. You are not permitted to register under a false name. If the User provides erroneous information, the Company is not accountable. 

  • Agree to keep your information correct and up-to-date by ensuring that the Name, Email address, Address, Mobile number, and any other information provided at account registration is valid at all times. 

  • Users acknowledge that they are entirely responsible for the security of their account password. You promise to tell us promptly if your account is used without your permission. The company maintains the right to close your account for any reason at any time. 

  • Understand and accept that the information you provide will be manually entered into the Platform's database. The User additionally recognizes that the data submitted into the database is for the User's simple and quick reference, as well as to streamline the Platform's Services. 

  • Authorise the Platform to use, store, or otherwise process certain personal information, as well as all published Content, Client responses, Client locations, User comments, reviews, and ratings, for personalization, marketing, and promotional purposes, and to improve User-related options and Services.

  • Are obligated to not cut, duplicate, modify, reproduce, reverse engineer, distribute, disseminate, post, publish, or create derivative works from any information or obtained from the Platform, nor to transfer or sell any information or obtained from the Platform. Any such use/limited use of the Platform will be permitted only with the Company's prior express written approval. 

  • Expressly accept and understand that the Company does not own the Content created by Users and displayed on the Platform, and that the Company is not responsible for its content. The User may, however, report any offensive or objectionable content, which the Company may, in its sole discretion, remove from the Platform. 

  • Expressly agrees to abide by the terms and conditions, as well as the policies, of the Vendor linked with the Company, from whom the Users are obtaining services.

Furthermore, the User agrees not to: 

  • Engage in any action that obstructs or disrupts access to the Platform or its Services (or the servers and networks that are connected to the Platform); 

  • Impersonate another person or entity, or falsely assert or otherwise falsify a person's or entity's association;

  • Probe, spam, phish, pharm, pretext, spider, crawl, or scrape, scan, or test the Platform or any network connected to the Platform's vulnerability, as well as the Platform's or any network connected to the Platform's security or authentication methods. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, a visitor to, or viewer of the Platform, including any User account maintained on the Platform that is not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform in any way;

  • Disrupt or interfere with the Platform's or any affiliated or linked Platform's security, or otherwise harm the Platform, its systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform. 

  • Use the Platform or any of its materials or content for any purpose that is illegal or forbidden by these Terms, or to solicit the performance of any illegal or other action that infringes on the rights of this Platform or any other third party (s);

  • Any rule of conduct or guideline that may apply to or to any specific service supplied on the Platform is violated; 

  • Violate any present or future Indian or international laws, rules, or regulations; 

  • Violate any part of these Terms or the Privacy Policy, including, but not limited to, any applicable Platform extra terms provided herein or elsewhere, whether amended, modified, or otherwise;

  • Commit any conduct that causes the Company to lose (in whole or in part) its Internet Establishment ("ISP") services, or interrupts the services of any other Company/Platform supplier/service provider

  • use this site for any unlawful purpose

  • solicit others to perform or participate in any unlawful acts;

  • violate any international, federal, provincial or state regulations, rules, laws, or local ordinances

  • infringe upon or violate our intellectual property rights or the intellectual property rights of others

  • harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability

  • submit false or misleading information

  • upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet

  • collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape

  • interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet

16. Disclaimer of Warranties and Liabilities

Before availing of any service featured on the Platform or accessing/using any information published thereon, the User agrees and undertakes that they are accessing the Platform at their own risk and that they are using their best and prudent judgement. 

The User acknowledges that any information, resources, activities, or recommendations obtained/availed from Platform, whether written or oral, do not constitute a warranty, and the Platform disclaims any liability arising from them. 

You agree to defend, indemnify and hold harmless RSPL, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, interns, suppliers, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to RSPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, 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 other rights. This clause shall survive the expiry or termination of the Terms of Use.

The Platform does not guarantee that the Platform's Services will be available without interruption or error, or that the Platform or its server will be free of viruses or other harmful components, and the User fully acknowledges any risks associated with the Platform's use. The Parties have also agreed that the contents of this Section will survive the termination or expiration of the Terms and/or Policy.

 

17. Miscellaneous Provisions

Complete and Final Contract: These Terms, when read in conjunction with the Policy, constitute the entire and final contract between the User and the Company with respect to the subject matter hereof, superseding all prior communications, representations, and agreements (whether oral, written, or otherwise). 

Waiver: Either Party's failure to require execution of any term of these Terms at any time does not affect that Party's right to enforce that provision at a later time. No waiver of any breach of these Terms, whether by behaviour or otherwise, by either party in any one or more instances shall be interpreted or construed as a further or continuing waiver of that breach, or a waiver of any other breach of these Terms.

Severability: If any provision or clause of these Terms is found to be invalid, illegal, or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms will not be harmed or impaired, and each such provision/clause of these Terms will be valid and enforceable to the fullest extent permitted by law. In that instance, these Terms will be reformed to the degree necessary to address any invalidity, illegality, or unenforceability, while retaining the Parties' original rights, intents, and commercial expectations, as described herein, to the greatest extent possible.

18. Term

These Terms will continue to be a valid and binding contract between the Parties until the User stops accessing and using the Platform. Users have the option to stop using the Platform at any time. 

If any discrepancy or legal issue emerges, the Company may terminate these Terms and close any account without notice, and/or suspend or terminate a User's access to the Platform at any time and for any reason.

Such suspension or termination does not preclude the Company from taking any other action against you that it deems appropriate. It is further stated that the Company reserves the right to terminate the Services and Platforms at any time without notice.

19. GOVERNING LAW AND JURISDICTION

The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Mumbai shall have exclusive jurisdiction.

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai.

Without any prejudice to particulars listed in Clause 13 above, RSPL shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.

 

20. General Terms

The Users' use of this Platform is governed solely by these Terms, the Company's Privacy Policy, and any other policies that may be uploaded on the platform for the purpose of the Users' effective application, as well as any modifications or amendments made thereto by the Company, at its sole discretion, from time to time. If you continue to access and use this Platform as a User, you agree to follow and be governed by the accompanying Terms and Conditions, Privacy Policy, and any other policy that may be available and applicable to Platform Users. 

The User fully accepts and acknowledges that these Terms and Policy are co-terminus in nature, and that if one expires or terminates, the other will as well. 

The User unambiguously agrees that these Terms and the aforementioned Policies form a legally binding agreement between the User and the Company, and that the User will be bound by the rules, guidelines, policies, terms, and conditions that apply to any service provided by the Platform, which will be deemed to be incorporated into these Terms and treated as part and parcel of the same. The User acknowledges and agrees that these Terms and the Policy are not binding on the User unless and until the User signs or expressly agrees to them, and that the User's act of visiting any part of the Platform constitutes the User's full and final acceptance of these Terms and the aforementioned Policy. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

The Company has the sole and exclusive right to amend or modify these Terms at any time without prior notice or approval from the User, and the User expressly acknowledges that any such revisions or modifications will take effect immediately. If the User does not accept the modifications, they must immediately cease using the Services. Continued use of the Services constitutes acceptance of the revised terms.

Contact Us

If you have any questions about these Terms, please contact us on +91-9920843845 or mail us at support@awenest.in

 

21. Returns

You have 7 days from the date of purchase to return an item excluding any food items. All food products can be returned up to 48 hours after the delivery date. 

The product you purchased must be unused, still in its original packaging, and in the same condition as when you bought it to be eligible for a return at awenest. 

To be eligible for a return, you must also have the original receipt or proof of purchase.

To initiate a return of any products, you need to write an email to support@awenest.in giving details of order number, delivery date,  item number and description, reason for returns. 

Any products returned due below reasons will be eligible for complete refunds without any deductions , for all other cases logistics charges will be deducted.

  1. Wrong product shipped.

  2. Damaged or defective 

 Your refunds will be processed once the return is received by the seller. Refunds will be processed by deducting charges for onward and return logistics costs if applicable  which will be notified to you in email communication.

22. Refunds

When we get your purchased item, we will notify you that we have received it and are reviewing whether it is in the same condition as when it was shipped to you. As soon as we've done reviewing your purchased item, we'll let you know the status of your refund. Only upto 48 hours after delivery can food products can be returned for reimbursement. 

If your refund is approved, it will be credited to your original payment medium in 7 working days.

23. Cancellation:

Cancellation of any item is allowed till the product is not shipped by the seller, which is typically the first 24 hrs of order confirmation. In case the seller has already shipped products, order or any item within order cannot be cancelled. Post  cancellation, your refund will be processed and a credit will be promptly credited to your original payment medium within 7 days.

24. Exchanges (if applicable)

Only when products are defective or damaged at the time of purchase will we replace them. Send us an email at support@awenest.in if you need to exchange it for the same item.

25. Shipping

You will be charged Rs 45 for all purchases below Rs 500. Free Shipping is applicable for orders above Rs 500.

For all Cash on Delivery Orders (COD), an additional fee of Rs. 40 will be charged as a convenience fee

Shipping will be free for awenest membership program for any purchases.

Orders are packed within 24 working hours of order placement and are made ready to ship be our partners. We try to get you your orders within 5-7 days of order placement through our delivery partners. If there is any issue or delay, you can email us at support@awenest.in You can check the status of the order in the My Orders section in your account.

Membership Policies

26. Promotional Trial Memberships:

We may occasionally offer consumers free trials or other promotional memberships, which are subject to these Terms unless otherwise mentioned in the relevant promotional offers. These trial or promotional memberships may be subject to RSPL's terms and conditions. These relevant terms and conditions, as well as the term/tenure of such promotional memberships, may differ from the Terms.

27. Membership Term:

awenest membership may be available for a variety of periods and durations. The following are the essential membership terms: 

Membership Plan

Term

Fee

Annual Membership

Yearly (valid for 12 months from date of activation)

Rs. 799

Three Month Membership

valid for 90 days from date of activation

Rs. 300

You can choose the awenest membership plan that best suits your needs, and you can modify it at any time. The payment method(s) that are eligible to be used for different membership plans may differ, and we have exclusive discretion over which payment methods are eligible for each membership plan.

28. Fees:

The awenest membership cost is given above for various membership terms, such as annual or monthly membership, that are available. Except as clearly stated in these Terms, the membership fee is non-refundable. In one or both of the membership fees, all applicable taxes are included. 

After the period ends, your membership will be automatically discontinued and will not be renewed. To continue to enjoy the benefits of an awenest member, you will need to renew your membership.

By joining awenest, you are confirming that you are a resident of India. Any membership cost for awenest cannot be paid with a credit or debit card issued outside of India. Pay on Delivery is not an option for paying the membership fee (POD). Payment authorisation through the awenest.in website is required for paid membership to take effect (as the case may be).

29. Delivery Benefits and Eligible Purchases for awenest Membership:

The availability of awenest  Delivery Benefits is contingent on inventory, order deadlines, and delivery address. They're only available for a few things on the awenest website. awenest membership-eligible products will be marked as such on their product pages. awenest membership clients will receive free standard delivery on all items. Additional discounts for membership-eligible products will be displayed wherever applicable

30. Other Limitations:

  • In our sole discretion, we have the right to accept or reject membership applications. 

  • We may send you email and other messages about awenest subscription and your membership in awenest (regardless of any settings or preferences related to your awenest account). 

  • Except as expressly permitted in these Terms, you may not transfer or assign your awenest membership benefits. 

  • Members of the awenest subscription are not entitled to use awenest benefits to purchase things for resale, rental, or shipping to customers or potential consumers. 

  • awenest may, at its sole discretion, add or delete awenest membership advantages from time to time.

 

Questions about the Terms and Conditions can be sent to support@awenest.in