Azeax Solutions Private Limited Terms and Conditions
The terms and conditions applicable to access and use of www.azeax.com and its Mobile Applications i.e., the “website”. This document is a legally binding agreement between you (manufacturers, sellers, and buyers) as the user(s) of the website (referred to as “you”, “your” or “User” hereinafter) and the Azeax Solutions Private Limited entity i.e., Third-Party Service Provider(s) that are listed in clause “Provision of Services” in section (a) below (referred to as “we”, “our” or “Azeax Solutions Private Limited” hereinafter).
1. Application and Acceptance of the Terms
a) User’s use of the website and Azeax Solutions Private Limited services, software and products (collectively the “Services” hereinafter) is subject to the terms and conditions contained in this document as well as the following other policies like Privacy Policy, The Product Listing Policy, Packaging Policy, IP Infringement Policy, Cookie policy and any other terms and policies of the website that Azeax Solutions Private Limited may publish or updated from time to time as per need.
b) This document and such other rules and policies of the website are collectively referred to below as the “Terms”. For accessing the website or using the Services, User agrees to accept and be bound by the Terms. User will be not allowed to use the Services or access the website if user do not accept terms user will not eligible to access the website and services.
c) User will not be allowed not to access the website and Services if you are not of legal age to form a binding contract with Azeax Solutions Private Limited.
d) You acknowledge and agree that Azeax Solutions Private Limited may amend any Terms at any time by posting the relevant amended and restated Terms on the website. By continuing to use the Services or the website, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.
e) The Terms may not otherwise be modified except in writing by an authorized officer of Azeax Solutions Private Limited.
2. Provision of Services
a) The Azeax Solutions Private Limited contracting entity that you are contracting with for access to the website is Azeax Solutions Private Limited. In case you avail services while accessing the website, that may be supported and/or provided by third party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. Azeax Solutions Private Limited disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service provider(s).
b) You must register as a User on the website in order to access and use Services. Further, Azeax Solutions Private Limited reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Azeax Solutions Private Limited may impose in its discretion.
3. Fees and Charges Payable by Seller
3.1 The firm shall not charge any fee for providing web space/display on website however for all such sales that are made/generated using the website www.azeax.com a commission shall be paid by the manufacturer/Vendor/sellers/users to the Firm. The details of various commissions/fee to be paid product category wise is specified is Schedule A to this agreement. The schedule can be amended to modify any rate of commission/fee in respect of any product. Any amendment of such schedule is to be treated as part and parcel of the agreement.
3.2 18% G.S.T. charges on commission shall be paid by manufacturer/vendor.
3.3 TCS charges according to government norms
3.4 TDS charges according to government norms
3.5 Logistics charges applicable if any according to logistics company norms
3.6 It is expressly agreed by the parties hereto that the Firm shall debit the amount of commission from the remittance to the manufacturer/Vendor at the time of forwarding the order received from the end customer.
3.7 The parties will endeavour to perform reconciliation of accounts/order every 90 days
Azeax Solutions Private Limited shall issue the invoice for other charges (if any), on the Seller, and the Seller shall make payment of the same to Azeax Solutions Private Limited and the parties hereby agree that the Seller alone shall be responsible for ensuring that charges is paid to Azeax Solutions Private Limited. The Seller may however authorize any third-party service provider engaged by the Seller (who may collect or receive payment for or from the Seller, and advise that a part thereof be remitted by such third-party service provider as charges to Azeax Solutions Private Limited on behalf of the Seller).
4. Users Generally
a) You agree that
I. You will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc. available on or through the website (the “Website Content”).
II. You will not copy, reproduce, download, compile or otherwise use any website Content for the purposes of operating a business that competes with Azeax Solutions Private Limited, or otherwise commercially exploiting the website Content or systematic retrieval of website Content from the website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes).
b) You must read Azeax Solutions Private Limited’s Privacy Policy which governs the protection and use of personal information about Users of website. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
c) Azeax Solutions Private Limited may allow Users access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise), API or otherwise to such third parties' platforms. You are cautioned to read such third parties’ terms and conditions and/or privacy policies before using the website with respect to such content, products or services that you may avail. You acknowledge that Azeax Solutions Private Limited has no control over such third parties' platforms and shall not be responsible or liable to anyone for such platforms, or any content, products or services made available on such platforms.
d) You agree not to undertake any action which may undermine the integrity of Azeax Solutions Private Limited’s feedback system.
e) By posting or displaying any information, content or material (“User Content”) on the website or providing any User Content to Azeax Solutions Private Limited or our representative(s), you grant perpetual, worldwide, royalty-free, and sub-licensable license to Azeax Solutions Private Limited to display, transmit, distribute, reproduce, publish, translate, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the website, the provision of any Services and/or the business of the User. You confirm and warrant to Azeax Solutions Private Limited that you have all the rights, power and authority necessary to grant the above license.
f) User agree, undertake and confirm that User’s use of website shall be strictly governed by the following binding principles:
User shall not host, display, upload, modify, publish, transmit, update or share any information which are mentioned below
I. Information belongs to another person and to which User does not have any right to host or display.
II. 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.
III. Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone 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; harasses or advocates harassment of another person.
IV. Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using Azeax Solutions Private Limited communication portal; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 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]; promotes an illegal or unauthorized copy of another person's copyrighted work, 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; contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
V. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
VI. Contains video, photographs, or images of another person (with a minor or an adult). 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.
VII. Engages in commercial activities and/or sales without 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, Azeax Solutions Private Limited 's prior written consent means a communication coming from Azeax Solutions Private Limited 's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization.
VIII. Solicits gambling or engages in any gambling activity which, in sole discretion, believes is or could be construed as being illegal.
IX. Interferes with another User's use and enjoyment of the website or any other individual's User and enjoyment of similar services; refers to any website or URL that, in sole discretion, contains material that is inappropriate for the website or any other portal/platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
X. Harm minors in any way.
XI. Impersonate another person.
XII. Is misleading in any way;
XIII. 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.
XIV. Violates any law for the time being in force; deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature 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, cancel-bots, 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.
XV. 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. shall not be false, inaccurate or misleading.
XVI. 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. shall not create liability for Azeax Solutions Private Limited or cause Azeax Solutions Private Limited to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers.
XVII. 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. Azeax Solutions Private Limited reserve its right to bar any such activity.
XVIII. User 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. Unless expressly permitted, User 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. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to website, or any other user, including any account on the website not owned by User, 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 User’s own information, as provided for by the website.
5. User Accounts
a) User must be registered on the website to access or avail the Services. Except with Azeax Solutions Private Limited’s approval, one User may only register one account on the website. Azeax Solutions Private Limited may cancel or terminate a User’s account if Azeax Solutions Private Limited has reasons to suspect that the User has concurrently registered or controlled two or more accounts. Further, Azeax Solutions Private Limited may reject User’s application, without assigning any reasons thereof, for registration for any other reason.
b) A set of User ID and OTP (One Time Password) / password is unique to a single account. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under User’s account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any terms & conditions or rules, subscribing to or making any payment for any services, sending emails using the website or other communications) will be deemed to have been authorized by you.
6. User’s Responsibilities
a) You represent, warrant and agree that
I. You are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms;
II. You have full power and authority to accept the Terms, to grant the license and authorization (if applicable) and to perform the obligations hereunder;
III. You use the website and Services for business purposes only;
IV. The address you provide when registering your account on the website is the principal place of business of your business entity;
V. Your business is validly existing and incorporated / established as per the provisions of applicable laws;
VI. You shall comply with all applicable laws while using and accessing the website; and
VII. You and products/ services provided by you on the website (if any) comply with applicable laws.
b) User will be required to provide information or material about User’s entity, business or products/services as part of the registration process on the website or your use of any Service or the User account. Each User represents, warrants and agrees that
(i) Such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the website or Service is true, accurate, current and complete.
(ii) User will maintain and promptly amend all information and material to keep it true, accurate, current and complete.
(iii) User will provide all the information regarding origin (country of manufacturing/assembling of product, company origin) of the entity according to government norms offered for sale during the listing of the entity in the website.
c) User may be required to furnish additional documents or information about products/ services that the User may offer for sale on the website in order to authenticate that the products offered for sale are genuine and authentic and do not infringe intellectual property rights or proprietary rights of any third party. User agrees to promptly provide such additional documents and information, failing Azeax Solutions Private Limited reserves its right to take appropriate measures as set out under Clause Breaches.
d) User consents to the inclusion of the contact information about User in Azeax Solutions Private Limited’s database.
e) You represent, warrants and agrees that
A. You shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required) regarding any User Content that you submit, post or display.
B. Any User Content that User submit, post or display does not infringe or violate any of the copyright, patent, trademark, trade name, trade secrets or any other personal or proprietary rights of any third party (“Third Party Rights”).
C. User have the right and authority (if required under applicable laws) to sell, trade, distribute or export or offer to sell, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any Third-Party Rights.
7. Breaches
a) Azeax Solutions Private Limited reserves the right in its sole discretion, without intimation to the User, remove, modify or reject any User Content that User submit to, post or display on the website which Azeax Solutions Private Limited reasonably believes is unlawful, violates the Terms, could subject Azeax Solutions Private Limited or its affiliates to liability, or is otherwise found inappropriate in Azeax Solutions Private Limited’s opinion.
b) If any User breaches any Terms, or if Azeax Solutions Private Limited has reasonable grounds to believe that a User is in breach of any Terms, Azeax Solutions Private Limited shall have the right to take such disciplinary actions as it deems appropriate, including without limitation:
(i) Suspending or terminating the User’s account and any and all accounts determined to be related to such account by Azeax Solutions Private Limited in its discretion.
(ii) Restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service.
(iii) Removing any product listings or other User Content that the User has submitted, posted or displayed.
(iv) Any other corrective actions, discipline or penalties as Azeax Solutions Private Limited may deem necessary or appropriate in its sole discretion.
c) Notwithstanding anything contained herein these Terms, Azeax Solutions Private Limited may with or without notice and in its sole discretion be entitled to suspend, de-activate, or de-list a User’s account or suspend any listing, or de-list any or all Product listing from the website for any reasons including without limitation, economic constraints, operational difficulties, financial implications, usage behaviour of the User on the website etc.
d) In the event a User becomes inactive or if no transaction is noticed by Azeax Solutions Private Limited, in such a case Azeax Solutions Private Limited reserves its right to delist, deactivate or suspend a User’s account in its sole discretion, with or without giving any notice to the User.
e) Azeax Solutions Private Limited reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, Azeax Solutions Private Limited may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
f) Each User agrees to indemnify Azeax Solutions Private Limited, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from your submission, posting or display of any User Content, from your use of the website or Services, or from your breach of the Terms.
g) If it is found that Buyer or Seller misbehaves with Azeax Solutions Private Limited agents, affiliates, directors, officers and employees Azeax Solutions Private Limited reserve the right to cancel/block/terminate the account/transactions/clams/disputes raised by them without incurring and assuming any liability thereof.
8. Transactions Between Users
a) When a product is listed for sale on the website by a seller, Products sold to the buyer by such seller will be governed by individual contractual arrangement entered into directly between the seller and the buyer.
b) For any Services, Azeax Solutions Private Limited does not represent either the seller or the buyer in specific transactions. Azeax Solutions Private Limited does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the website or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
c) Users agree that Azeax Solutions Private Limited cannot and does not confirm each User's purported identity. Azeax Solutions Private Limited encourages Users to exercise discretion and caution while dealing with various Users.
d) Each User acknowledges that it is fully assuming the risks of conducting any purchase and sale transactions (hereinafter referred to as “Transaction Risk”) in connection with using the website or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the website.
e) In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify Azeax Solutions Private Limited (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. This clause shall also apply to any additional services opted for by the User by accessing any link from Azeax Solutions Private Limited website to avail of any additional or independent services related to the transaction of buy-sell conducted on the Azeax Solutions Private Limited website from any third party.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY AZEAX SOLUTIONS PRIVATE LIMITED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND “WITH ALL FAULTS”, AND AZEAX SOLUTIONS PRIVATE LIMITED HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, AND UNDERTAKINGS ARE HEREBY EXCLUDED.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZEAX SOLUTIONS PRIVATE LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE; AZEAX SOLUTIONS PRIVATE LIMITED DOES NOT REPRESENT OR WARRANT THAT THE MANUFACTURE, IMPORTATION, EXPORT, DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE WEBSITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND AZEAX SOLUTIONS PRIVATE LIMITED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE OFFERED OR DISPLAYED ON THE WEBSITE.
10. Force Majeure
a) Under no circumstances shall Azeax Solutions Private Limited be held liable for any delay or failure or disruption of the content or services delivered through the website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
11. Intellectual Property Rights
a) Azeax Solutions Private Limited is the sole owner or lawful licensee of all the rights and interests in the website and the Website Content. All title, ownership and intellectual property rights in the website and Website Content shall remain with Azeax Solutions Private Limited or licensors of the Website Content, as the case may be. All rights not otherwise claimed under the Terms or by Azeax Solutions Private Limited are hereby reserved.
b) "Azeax Solutions Private Limited" and any other related icons and logos are registered trademarks or trademarks or service marks of Azeax Solutions Private Limited, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
12. Notices
a) All legal notices or demands to or upon Azeax Solutions Private Limited shall be made in writing and sent to Azeax Solutions Private Limited personally, by courier, certified mail, or facsimile to the following entity and address Azeax Solutions Private Limited,193, Raampuri, Unnao (U.P.) The notices shall be effective when they are received by Azeax Solutions Private Limited in any of the above-mentioned manner.
b) All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to Azeax Solutions Private Limited, or by posting such notice or demand on an area of the website that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when, a) Azeax Solutions Private Limited is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon Azeax Solutions Private Limited posting such notice on an area of the website that is publicly accessible without charge.
13. General Provisions
a) Subject to any terms & conditions, the Terms constitute the entire agreement between User and Azeax Solutions Private Limited with respect to and govern User’s use of the website and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
b) Azeax Solutions Private Limited and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.
c) If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
d) Azeax Solutions Private Limited’s failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of Azeax Solutions Private Limited’s right to act with respect to subsequent or similar breaches.
e) Azeax Solutions Private Limited shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Azeax Solutions Private Limited). User may not assign, in whole or part, the Terms to any person or entity.
f) The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Unnao, Uttar Pradesh, India.
14. 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:
Kuldeep Tiwari
Founder
Azeax Solutions Private Limited
CIN- U72900UP2021PTC153143
Address- 151, Rampuri, Unnao, Uttar Pradesh, India Pin Code 209801
Email: corporate@azeax.com
Time: Mon - Sat (10:00 AM - 07:00 PM)
