Terms and Conditions

This Agreement was last modified on 7 November 2020.

Terms Of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Your use of the Website and its services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, you shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with APLUS Device and these terms and conditions including the policies constitute Your binding obligations with APLUS Device.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer of the Website by providing registration data while registering on the Website as registered user using the computer systems.  APLUS Device allows the User to surf the Website without registering on the Website. The term “We”, “Us”, “Our” shall mean APLUS Device.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g., Product Reviews, Seller Reviews, applications and tools), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use. The revised version will be effective at the time APLUS Device posts it on the Website. It is Your responsibility to review these Terms of Use 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 these Terms of Use, we grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by APLUS Device. Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

If You transact on Website, www.aplusdevice.com Terms of Use shall be applicable with respect to that particular transaction; if You transaction www.aplusdevice.com, APLUS Device Terms of Use shall be applicable with respect to that particular transaction.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e., under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. APLUS Device. reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to AplusDevice.com. , APLUS Device notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, you shall be responsible for maintaining the confidentiality of your account (including but not limited to display name and password) and You shall be responsible for all activities that occur under your account. You must maintain and promptly update your information to keep it true, accurate, current and complete on the Website. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website and We may, at our discretion and without any notice to you initiate appropriate legal action.

Communications

When You use the Website or send emails or other data, information or communication to Us, you agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email or by such other mode of communication, electronic or otherwise, which will be deemed adequate service of notice / electronic record.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. APLUS Device is not and cannot be a party to or control in any manner any transaction between the Website’s Users. Henceforward:

1. All commercial/contractual terms are offered by and agreed to between buyers and sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. APLUS Device does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers. All discounts, offers (including exchange offers) are offered by the third-party seller/brand and not by APLUS Device.
2. Placement of order by a buyer with seller on the Website is an offer to buy the product(s) in the order by the buyer to the seller and it shall not be construed as seller’s acceptance of buyer’s offer to buy the product(s) ordered. The seller retains the right to cancel any such order placed by the buyer, at its sole discretion and the buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by buyer in case of such cancellation by seller, shall be refunded to the buyer. Further, the seller may cancel an order wherein the seller is of the opinion that the quantities ordered by the buyer exceed typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the seller and may vary from individual to individual.

1.  APLUS Device does not make any representation or warranty as to specifics (such as merchantability, quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold by seller on the Website. APLUS Device. does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. APLUS Device accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
2. APLUS Device. is not responsible for any non-performance or breach of any contract entered into between buyers and sellers. We cannot and do not guarantee that the concerned buyers and/or sellers will perform any transaction concluded on the Website. APLUS Device shall not and is not required to mediate or resolve any dispute or disagreement between buyers and sellers.
3. APLUS Device does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.
4. APLUS Device does not at any point of time during any transaction between buyer and seller on the Website come into or take possession of any of the products or services offered by seller nor does it at any point gain title to or have any rights or claims over the products or services offered by seller to buyer.
5. At no time shall APLUS Device hold any right, title or interest over the products or services nor shall APLUS Device. have any obligations or liabilities in respect of such contract entered into between buyers and sellers.  APLUS Device. is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
6. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. APLUS Device is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the third-party seller and the buyer.
7. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.
8. Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s). Please note that there could be risks in dealing with under age persons or people acting under false pretence.
9. Please note that the Department of Industry Policy and Promotions (DIPP) under the Ministry of Commerce and Industry of the Government of India issued a Press Note No. 3 (2016 Series) on March 29, 2016. According to this Press Note No. 3,

• Post sale, delivery of the goods to the customers and customer satisfaction will be responsibility of seller.
• In marketplace model, payment for sale may be facilitated by e-commerce entity in conformity with the guidelines of the Reserve Bank of India.
• In marketplace model, any warranty/ guarantee of goods and service sold will be responsibility of the seller.

You release and indemnify APLUS Device., its group companies and, their respective directors, its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, APLUS Device cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Charges

Membership on the Website is free for buyers.  APLUS Device does not charge any fee for browsing and buying on the Website.  APLUS Device reserves the right to change its Fee Policy from time to time. In particular, APLUS Device. may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event, APLUS Device. reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to APLUS Device.

Use of the Website

You understand and agree that APLUS Device and its Website merely provide hosting services to its registered Users and persons browsing/visiting the Website. All items advertised/listed and the Contents therein are advertised and listed by registered Users and are third party user generated Contents. APLUS Device neither originates nor initiates the transmission nor select the sender and receiver of the transmission nor selects nor modify the information contained in the transmission.  APLUS Device has no control over the third party user generated contents. You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

1. “Your Information” is defined as any information you provide to Us in the registration (as registered User), buying or listing process, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and We act only as a passive conduit for your online distribution and publication of Your Information.
2. Your Information (or any items listed): The title text in the following paragraphs is inserted in accordance with the Information Technology (Intermediaries guidelines) Rules 2011. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011 in case of non-compliance with the Terms of Use, Privacy Policy, or rules and regulations for access or usage of intermediary computer resource, the Intermediary has the right to immediately terminate the access or usage rights of the Users to the computer resource of Intermediary and remove non-compliant information.
3. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You do not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) harm minors in any way;

(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

(e) violates any law for the time being in force;

(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(g) impersonate another person;

(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(i) 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 offence or prevents investigation of any offence or is insulting any other nation.

(j) is misleading in any way;

(k) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(l) harasses or advocates harassment of another person;

(m) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(n) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(o) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;

(p) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(q) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(r) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(s) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(t) contains video, photographs, or images of another person (with a minor or an adult).

(u) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(v) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, APLUS Device prior written consent means a communication coming from APLUS Device Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(w) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(x) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;

(y) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(z) shall not be false, inaccurate or misleading; (aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. (ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;

4.      You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

5. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.

6. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

7. You shall not make any negative, disparaging, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms APLUS Device, AplusDevice.com, AplusDevice.com or otherwise engage in any conduct or action that might tarnish the image or reputation, of APLUS Device. or sellers on platform or otherwise tarnish or dilute any APLUS Device trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or APLUS Device systems or networks, or any systems or networks connected to APLUS Device
8. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

9. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

10. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of APLUS Device. and / or others.

11. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Environmental Laws, Statutes, Ordinances and Regulations (including, but not limited to Income Tax, Goods and Services Tax (GST), Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

12. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, you agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
13. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
14. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person. In order to protect Our Users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a User may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
15. We reserve the right, but has no obligation, to monitor the materials posted/listed on the Website. APLUS Device shall have the right to disable the Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or these Terms of Use. Notwithstanding this right, YOU SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST/LIST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted/listed does not necessarily reflect APLUS Device. views. In no event shall APLUS Device. assume or have any responsibility or liability for any Content posted/listed or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
16. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
17. It is possible that other Users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please ensure that You carefully select the type of information that You publicly disclose or share with others on the Website.
18. APLUS Device. shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content is a third-party user generated Content and APLUS Device has no control over such third party user generated Content as APLUS Device is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without APLUS Device’s express prior written consent.

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for your Content posted/listed or transmitted on the Website. When providing Content using the Our services (directly or indirectly), You grant Us a non-exclusive, worldwide, perpetual (or for the duration of any copyright or other rights in such content), irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use the Content and authorise us to exercise any and all copyright, trademark, publicity, database rights and other intellectual property rights you have in or to the Content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights in the Content and promise not to assert such rights or any other intellectual property or publicity rights against Us, our sub-licensees, or assignees. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by Us, consistent with Our Privacy Policy and rules and policies as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Authorization to Contact You; Recording Calls

You consent to receive autodialled or pre-recorded calls and text messages from APLUS Device. at any telephone number that You have provided Us or that We have otherwise obtained. We may place such calls and texts to: (i) notify You regarding your account, order or shipment or delivery related updates; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) collect a debt, if any; (v) poll your opinions through surveys or questionnaires; (vii) contact You with offers and promotions; or (vi) as otherwise necessary to service your account or enforce this Terms of Use, our policies, applicable law, or any other agreement we may have with You. Standard telephone minute and text charges may apply.

APLUS Device. may share your telephone numbers and other personal data or information with its service providers (such as Logistic Service Providers, billing or collections companies) who We have contracted with to assist Us in pursuing our rights or performing our obligations under this Terms of Use, our policies, applicable law, or any other agreement We may have with You. You agree these service providers may also contact You using autodialled or pre-recorded calls and text messages, as authorized by Us to carry out the purposes identified above.

APLUS Device. may, without further notice or warning and in its discretion, monitor or record telephone conversations You or anyone acting on your behalf has with APLUS Device. or its agents for quality control and training purposes or for its own protection.

Privacy

We view protection of Your privacy as a very important principle. We endeavour to store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way, please do not use the Website. We may share your personal information and details/information related to your transaction history and preferences and use and browsing history, purchases, refunds and any other elements or details of your use of the Website with Our other corporate affiliates. If You object to Your Information being transferred or used in this way you may (a) write to us accordingly at info@aplusdevice.com, or (b) not use the Website.

These corporate affiliates may market to You as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to Our service providers (such as logistic service provider, billing, or collections companies). This disclosure may be required for Us to provide You access to our services, to comply with our legal obligations, to enforce Our Terms of Use, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to Our services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose your personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose your personal information to law enforcement offices in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use or Privacy Policy; respond to claims that an advertisement, posting or other Content violates the rights of a third party; or protect the rights, property or personal safety of Our Users or the general public.

We and our affiliates may share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this Privacy Policy with respect to your personal information.

Privacy of Others: You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific User to do so.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, APLUS Device. does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

APLUS Device. will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. APLUS Device. does not warrant that this Website; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the products and services sold by independent sellers on Website are governed by different state laws and if seller is unable to deliver such products or services due to implications of different state laws, seller will return or will give credit for the amount (if any) received in advance by seller from the sale of such product or service that could not be delivered to You.

Selling

As a registered seller, you are allowed to list item(s) for sale on the Website in accordance with the rules and policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Website. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Website. All listed items must be kept in stock for successful fulfilment of sales.

The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that You may have received from the buyer. You agree not to list a single product in multiple quantities across various categories on the Website. APLUS Device. reserves the right to disable such multiple listings of the same product listed by You in various categories.

Services

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1. Lack of authorization for any transaction/s, or
2. Exceeding the pre-set limit mutually agreed by You and between “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to You, seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

• Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal-to-principal bipartite contractual obligations between buyer and seller and payment facility is merely used by the buyer and seller to facilitate the completion of the transaction. Use of the payment facility shall not render APLUS Device. liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on the Website.
• You have specifically authorized APLUS Device. or its service providers to collect, process, facilitate and remit payments and / or the transaction price electronically or through cash on delivery (“Cash on Delivery” or “Cod”) to and from other Users in respect of transactions through payment facility. Your relationship with APLUS Device. is on a principal-to-principal basis and by accepting these Terms of Use you agree that APLUS Device. is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on the Website that are paid for by using the payment facility. APLUS Device. does not guarantee the identity of any User nor does it ensure that a buyer or a seller will complete a transaction.
• You understand, accept and agree that the payment facility provided by APLUS Device. is neither a banking nor financial service but it is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash on Delivery, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, APLUS Device. is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction Price.

Payment facility for buyers:

You, as a buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the seller to purchase the products and /or services from the seller using the payment facility, and You shall pay the transaction price through Your issuing bank to the seller using payment facility.

You, as a buyer, may agree with the seller through electronic communication and electronic records and using the automated features as may be provided by payment facility on any extension / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent. Any such extension / increase of dispatch / delivery time or subsequent novation / variation of the transaction should be in compliance with payment facility rules and policies.

You, as a buyer, shall electronically notify payment facility using the appropriate Website features immediately upon delivery or non-delivery within the time period as provided in policies. Non-notification by You of delivery or non delivery within the time period specified in the policies shall be construed as a deemed delivery in respect of that transaction. In case of Cash On Delivery transactions, buyer is not required to confirm the receipt of products or services.

You, as a buyer, shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the delivery within the time period agreed in the transaction or within the time period as provided in the policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time, then this would make You ineligible for a refund.

You, as a buyer, understand that the payment facility may not be available in full or in part for certain category of products and/or services and/or transactions as mentioned in the policies and hence You may not be entitled to a refund in respect of the transactions for those products and /or services.

Except for Cash On Delivery transaction, refund, if any, shall be made at the same issuing bank or original mode of payment from where transaction price was received.

For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the buyer (As per registration details provided by the buyer) or through any other payment modes as agreed by buyer.

Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.

For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (“RBI”).

Refund shall be conditional and shall be with recourse available to APLUS Device. in case of any misuse by buyer.

Refund shall be subject to buyer complying with Policies.

• APLUS Device. reserves the right to impose limits on the number of transactions or transaction price which APLUS Device. may receive from on an individual valid credit/debit/ cash card / valid bank account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by the RBI to provide enabling support facility for collection and remittance of payment or by an individual buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
• APLUS Device. reserves the right to refuse to process transactions by buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with APLUS Device. or breach/violation of any law or any charges imposed by issuing bank or breach of any policy.
• APLUS Device. may do such checks as it deems fit before approving the receipt of buyer’s commitment to pay (for Cash on Delivery transactions) transaction price from the buyer for security or other reasons at the discretion of APLUS Device. As a result of such check if APLUS Device. is not satisfied with the creditability of the buyer or genuineness of the transaction or other reasons at its sole discretion, APLUS Device. shall have the right to reject the receipt of / buyers’ commitment to pay transaction price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account Users, at the sole discretion of APLUS Device.
• APLUS Device. may delay notifying the payment confirmation i.e., informing seller to dispatch, if APLUS Device. deems suspicious or for buyers conducting high transaction volumes to ensure safety of the transaction and transaction price. In addition, APLUS Device. may hold transaction price and APLUS Device. may not inform seller to dispatch or remit transaction price to law enforcement officials (instead of refunding the same to buyer) at the request of law enforcement officials or in the event the buyer is engaged in any form of illegal activity.
• The buyer and seller acknowledge that APLUS Device. will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of APLUS Device.

Compliance with Laws:

1. As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2, 00, 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Website, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer on the Website and the name on the PAN Card.
2. Buyer and seller shall at all times comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using payment facility and the Website.

Buyer’s arrangement with Issuing Bank:

1. All valid credit / debit/ cash card/ and other payment instruments are processed using a credit card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the buyer and the respective issuing bank and payment instrument issuing company.
2. All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support payment facility to provide these services to the Users. All such online bank transfers on payment facility are also governed by the terms and conditions agreed to between buyer and the respective issuing bank.

Indemnity

You shall indemnify and hold harmless APLUS Device., its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Release

If You have a dispute with one or more users, you release Us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims, which You may know or suspect to exist in your favour at the time of agreeing to this release.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Kolkata

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented by the independent sellers solely for the purpose of sale in India. APLUS Device. make no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website from other locations/countries other than India do so on their own initiative and APLUS Device. is not responsible for supply of products/refund for the products ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This Website is controlled and operated by APLUS Device. and products are sold by respective sellers. All material on this Website, including images, illustrations, audio clips and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

APLUS Device. respects the intellectual property of others. In case You feel that your Trademark has been infringed, you can write to info@aplusdevice.com

Product Description

Sellers are responsible for their product descriptions, contents, features, quality, condition, pricing etc. APLUS Device. does not warrant that product description or other Content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL APLUS Device. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. Aplus Device liability in any circumstances is limited to be the amount of fees or the transaction price (as the case may be), if any, paid by You to APLUS Device.

General

None of the provisions of the Terms of Use shall be deemed to constitute a partnership or agency between You and APLUS Device.; and You shall have no authority to bind APLUS Device. in any manner whatsoever.

Except as explicitly stated otherwise, any notice shall be given by postal mail on behalf of APLUS Device. to APLUS Device, 7^th Floor, Agarwal House, 2 St. George’s Gate Road, Hastings, Kolkata - 700022, India (in the case of aplusdevice.com) or to the email address You provide to Us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Us during the registration process or updated thereafter. In such case, notice shall be deemed given three (3) days after the date of mailing.

If any clause of the Terms of Use 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 Terms of Use.

This Terms of Use sets forth the entire understanding and agreement between You and APLUS Device. with respect to the subject matter hereof.

In APLUS Device. sole discretion, APLUS Device. may transfer its rights and obligations (also known as “assign”) under this Terms of Use without your prior express consent, provided that APLUS Device. assigns the Agreement on the same terms or terms that are no less advantageous to You.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Mr. Avijit Saha

APLUS Device.

7^th Floor, Agarwal House, 2 St. George’s Gate Road, Hastings, Kolkata - 700022

Email: avijit@aplusdevice.com

POLICIES

Profanity Policy

APLUS Device. prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on seller pages and all other areas of the Website that another User may view. If the profane words are part of a title for the item being sold, we allow sellers to ‘blur’ out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

• Report offensive display names
• Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a user’s account, temporary suspension, or a formal warning.

APLUS Device. will consider the circumstances of an alleged policy violation and the User’s trading records before taking action.

Violations of this policy may result in a range of actions, including:

• Limits placed on account privileges;
• Loss of special status;
• Account suspension.

Other Businesses APLUS Device. does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third-party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third-party websites of Our affiliated companies and certain other businesses for which, APLUS Device. assumes no responsibility for examining or evaluating the products and services offered by them. APLUS Device. does not warrant the offerings of, any of these businesses or individuals or the content of such third-party website(s). APLUS Device. does not endorse, in any way, any third-party website(s) or content thereof. APLUS Device. Infringement Verification – Reporting Listing Violations APLUS Device. has put in place APLUS Device. Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in APLUS Device’s interest to ensure that infringing products are removed from the Website, as they erode buyer and good seller trust.

• If you are a Verified Rights Owner and want to report a listing issue, see APLUS Device’s Note: Only the intellectual property rights owner can report potentially infringing products or listings through Aplus Device. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
• If your listing was removed through Aplus Device, and you believe that your listing was removed in error, please contact us.

APLUS Device. does not and cannot verify that sellers have the right or ability to sell or distribute their listed products. However, APLUS Device. is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to APLUS Device. in writing. APLUS Device works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. Aplus Device participants have the ability to identify and request removal of allegedly infringing products and materials. Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be allegedly infringed upon by products listed on APLUS Device. com is encouraged to become a Aplus Device member. Program membership entitles you (Verified Rights Owner) to the following benefits:

• Rapid response by APLUS Device. in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
• Dedicated priority email queues for reporting alleged infringements
• The ability to obtain identifying information about Aplus Device users’