Atvenco is a proprietory firm. It owns www.atvenco.com, an internet based online shopping website. Use of the Website is offered to you, if and only if, you unconditionally accept all the following terms and conditions along with any amendments made by Atvenco at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a Service.
Atvenco shall not be required to notify you, whether as a registered user or not, of any changes made to the Terms and Conditions. The revised Terms and Conditions shall be made available on the Website from time to time. Your use of the Website and the Services is subject to the most current version of the Terms and Conditions made available on the Website at the time of such use. You are requested to regularly visit the home page www.atvenco.com to view the most current Terms and Conditions. It shall be your responsibility to check these Terms and Conditions periodically for changes. Atvenco may require you to provide your consent to the updated Terms and Conditions in a specified manner prior to any further use of the Website and the Services provided on the Website. If no such separate consent is sought, your continued use of the Website, following changes to the Terms and Conditions, will constitute your acceptance of those changes.
By either using this Website or any facility or service provided by this Website in any way or merely browsing the Website, you agree that you have read, understood and agreed to be bound by these Terms and Conditions and the Website's Privacy Policy which is available on the home page of www.atvenco.com
Atvenco agrees to deliver the merchandise ordered by you only at locations which are as per the Order Confirmation Form.
The Website is an internet platform that facilitates the online sale and purchase of merchandise and services offered by atvenco.com's various affiliates/registered merchants/vendors/service providers. The Services are offered to the Users through various modes which shall include, issue of coupons and vouchers that can be redeemed for various services. The purchase of products and services on the Website shall be governed by the following terms.
Use of the Site is available only to persons who can form legally binding contracts under applicable law. 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 site. If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited.
Atvenco.com reserves the right to terminate your membership and refuse to provide you with access to the Site if atvenco.com discovers that you are under 18 years of age. The Site is not available to persons whose membership has been suspended or terminated by atvenco.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of atvenco.com you agree to be bound by the Terms and Conditions.
If any Service requires you to open an account (“User Account”), you must complete the registration process by providing us with current, complete and accurate information (including your email address and other contact details) as prompted by the applicable registration form.
You represent and warrant that all information provided by you in connection with your User Account, including any payment, contact or shipment details generally or in connection with an order, are true, complete and accurate. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to wrong, false, inaccurate or incomplete information provided by you.
All communication to you will be carried out through the contact details provided by you while opening an account. You are responsible to report any change in your User Account details by writing to us at atvenco@gmail.com. The site is not responsible for any changes in User Account details once an order is placed.
You are responsible for maintaining the confidentiality of your User Account password and other account details and are entirely responsible for any and all activities that occur under your User Account. In case you suspect or identify any abuse of your User Account or any transaction through your User Account that is not carried out by you, you should immediately notify us in writing at atvenco@gmail.com.
Where any Service utilizes the account management of any other social networking site (e.g., Facebook, Twitter, LinkedIn, MySpace), you are responsible for maintaining the confidentiality of your password and account on such social networking site, and are fully responsible for all activities that occur under such account.
All information shared by you while creating your User Account or accessing the Site shall be protected in accordance with our Privacy Policy.
You represent that you are of legal age to form a binding contract with Atvenco and are not disqualified in any manner from receiving services or from entering into a contract under the Indian Contract Act, 1872 and other laws as applicable in India.
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable information or material. Transmitting information or material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. Gaining unauthorized access to other computer systems. Interfering with any other person's use or enjoyment of the Site. Breaching any applicable laws; Interfering or disrupting networks or web sites connected to the Site. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law(s) and we reserve the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Atvenco.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt 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 this Site other than the search engine and search agents available from atvenco.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of atvenco.com. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
atvenco.com may commence or suspend live support service of any nature including "live chat", at any time without notice.
atvenco.com or its executives are not responsible for any delay caused in attending to or replying to the queries via chat. Any communication through chat may be stored by atvenco.com for its own reference; customer would not have the right to access this information at a later date. While chatting you may not put on any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information or material.
The chat room will not be used for selling of any products or advising on business opportunity or any other form of solicitation. You may proceed further, and chat with our online customer care executive only if you agree to the above terms and conditions.
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Firm shall not be liable for any damages to the User's equipment resulting from the use of the Site.
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by atvenco.com for redelivery shall be claimed from you. That you will use the services provided by atvenco.com, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site. You will provide authentic and true information in all instances where such information is requested of you. Atvenco reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Atvenco.com has the right in its sole discretion to reject the registration and debar you from using the Services of Atvenco.com and / or other affiliated websites without prior intimation whatsoever. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects. That before placing an order you will check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.
Atvenco.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from atvenco.com will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 7 days of it being sent to you. atvenco.com may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
While we have made every effort to display color(s) of products on our site as accurately as possible, we cannot guarantee that your monitor or screen’s display of any color will be absolutely accurate, as display by computer monitors and screens of electronic devices vary.
While atvenco.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. atvenco.com cannot confirm the price of a product until after you order.
In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, atvenco.com shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is incorrectly priced, atvenco.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and atvenco.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that atvenco.com accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to atvenco.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your card account.
We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.
You agree, understand and confirm that the credit card/card details provided by you for availing of services on atvenco.com will be correct and accurate and you shall not use the credit card/card which is not lawfully owned by you, i.e. in a credit card/card transaction, you must use your own credit card/card. You further agree and undertake to provide the correct and valid credit card/card details when making payment on atvenco.com. Your credit card/card information never reaches atvenco.com, we just get pass, hold or fail message from our payment gateways. The said information will not be utilized and shared by our payment gateways or atvenco.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. atvenco.com will not be liable for any credit card/card fraud. The liability for use of a credit card/card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed back in your Card Account.
In case of requests for order cancellations, we reserve the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 24 (twenty-four) hours of making the order on the Site subject to the condition that we have not commenced the process of dispatch of the ordered merchandise. We will not be able to cancel orders that have already been processed or orders for which request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to decide whether an order has been processed or not. The User agrees not to dispute the decision made by us and accepts our decision regarding the cancellation.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to atvenco.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain atvenco.com property. Such disclosure, submission or offer of any Comments shall constitute an assignment to atvenco.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, atvenco.com owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. atvenco.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. atvenco.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
Atvenco.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant atvenco.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify atvenco.com and its affiliates for all claims resulting from any Comments you submit. Atvenco.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, atvenco.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to atvenco.com without obtaining authorization from atvenco.com.
Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
The Website may contain links to other websites ("Linked Sites").The Linked Sites are not under the control of atvenco.com or the Website and atvenco.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Atvenco.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. Atvenco.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by atvenco.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Atvenco.com may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the terms and conditions at any given time on atvenco.com. You should regularly review the Terms & Conditions on atvenco.com. In the event the modified Terms & Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
The Terms and Conditions will continue to apply until terminated by either You or Atvenco as set forth below.
If You want to terminate your agreement with Atvenco, You may do so by (i) not accessing the Website; or (ii) closing your accounts for all of the Services that you use, where Atvenco has made this option available to you.
Atvenco may, at any time, with or without notice, terminate the Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
1. You breach any of the provisions of the Terms and Conditions, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
2. Atvenco is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful);
3. The provision of the Services to You by Atvenco is, in Atvenco's opinion, no longer commercially viable;
4. Atvenco has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
Atvenco may also terminate or suspend all or a portion of Your account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
You agree that all terminations shall be made in Atvenco's sole discretion and that Atvenco shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
Notwithstanding the foregoing, these Terms and Conditions will survive indefinitely unless and until Atvenco chooses to terminate them.
If You or Atvenco terminate Your use of the Website, Atvenco may delete any content or other materials relating to Your use of the Website and Atvenco will have no liability to You or any third party for doing so.
Atvenco.com has endeavored to ensure that all the information on the Website is correct, but atvenco.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall Atvenco.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall atvenco.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, atvenco.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Atvenco's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You hereby agree to indemnify, defend and hold harmless atvenco.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by atvenco.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Atvenco.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and atvenco.com with respect to the atvenco.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and atvenco.com with respect to the atvenco.com sites/services. Atvenco.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
We may assign our rights or delegate or sub-contract our responsibilities under the Terms and Conditions, in whole or in part, at any time and at our sole discretion. Our rights and obligations under these Terms and Conditions, including any waivers and limitations thereof, shall inure to the benefit of and shall be binding upon such assignees or sub-contractors.
Our performance of this agreement is subject to existing laws and legal process, and nothing contained in the Terms and Conditions is in derogation of our right to comply with any governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by with respect to such use.
The Terms of service, including the documents expressly incorporated by reference, constitute the entire agreement between you and us with respect to the Services and the Site and such agreements supersede all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Services or the Site. You represent that you have not relied on any such communications in choosing to accept the Terms of Service.
A printed version of the Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Our failure to enforce at any time any of the provisions of the Terms shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.
Our express waiver of any provision, condition or requirement of the Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notwithstanding anything else in the Terms, no default, delay or failure to perform on our part shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond our reasonable control.
All notices given by you or required under the Terms shall be in writing and addressed to atvenco@gmail.com
We may give notice to you by means of a general notice on the Service, electronic mail to your e-mail address on record with us, or by written communication sent by post or overnight courier to your address on record with us.
The Terms and all correspondence and all documentation relating to this agreement shall be in the English.
These Terms and Conditions and all transactions entered into on or through the Website and the relationship between You and Atvenco shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms and Conditions or any transactions entered into on or through the Website or the relationship between You and Atvenco shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts.
