Terms and Conditions
This Agreement was last modified on 7 November 2020.
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.
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
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:
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.
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:
(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;
(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;
(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.
Contents Posted on Site
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.
Authorization to Contact You; Recording Calls
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.
These corporate affiliates may market to You as a result of such sharing unless you explicitly opt-out.
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.
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.
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:
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.
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.
Compliance with Laws:
Buyer’s arrangement with Issuing Bank:
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.
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.
APLUS Device. respects the intellectual property of others. In case You feel that your Trademark has been infringed, you can write to email@example.com
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
Except as explicitly stated otherwise, any notice shall be given by postal mail on behalf of APLUS Device. to APLUS Device, 7th 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.
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
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
7th Floor, Agarwal House, 2 St. George’s Gate Road, Hastings, Kolkata - 700022
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:
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:
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.
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: