Terms & Conditions

1. THE TERMS

  • These terms and conditions of use ("Terms of Use" or “Terms”) of the website www.abesquare.com and instances thereof (“Website”) between a company incorporated under the Companies Act, 2013, (“Company” or “ABEsquare.com” and its successors and assigns) and the users of the Website ("You" or "Your" or "Yourself" or "User") describe the terms on which the Company offers You access to the Website.
  • Please read the terms carefully before using or accessing any material, information or services through the website. Your use of the website or the services provided by the website shall signify your acceptance of the terms and your agreement to be legally bound by the same.


2. GENERAL

  • 2.1. The Website is an Internet based portal owned and operated by the Company. Use of the Website is offered to You subject to acceptance of all the terms, conditions and notices contained in the Terms, along with any amendments made by the Company at its sole discretion and posted on the Website, including by way of imposing any charge for access to or use of a Service (defined below). By

(a)  using this Website or any facility or service provided via this Website in any way; or

(b)  merely browsing the Website, you agree that You have read, understood and agreed to be  bound by these Terms and the Privacy Policy available at the homepage, www.abesquare.com.

  • 2.2. The Company shall not be required to notify You of any changes made to the Terms. The revised Terms shall be made available on the Website. Your use of the Website is subject to the most current version of the Terms of Use made available on the Website at the time of such use. You are requested to regularly visit the home page www.abesquare.com to view the most current Terms. You can determine when the Company last modified the Terms by referring to the "Last Updated" legend above. It shall be Your responsibility to check the Terms periodically for changes. The Company may require You to provide Your consent to the updated Terms in a specified manner before any further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website will constitute Your acceptance of such changes.

3. ELIGIBILITY TO USE

  • 3.1. Services are not available to minors. In India, persons under 18 years of age are minors. It shall be Your responsibility to ensure that you are eligible to enter into a contract if You are resident outside India. If You do not conform to the above qualification, You are not permitted to avail of the Services. You represent that You are of legal age to form a binding contract and are not a person barred from receiving Services under the laws as applicable in India.
  • 3.2. The Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.

4. USER ACCOUNT, PASSWORD, AND SECURITY

  • 4.1. The Company may make its Services available to You only if You have provided ABEsquare certain required User information and / or created an account ("Account") through an ABEsquare ID and password or other log-in ID and password (collectively, the "Account Information"). The Services may also be subject to procedures for use of the Website, Terms of Offer for Sale, uploaded guide, rules, additional terms of service, or other disclaimer & notices, if any ("Additional Terms"). If there is any conflict between the Terms of Use             and the Additional Terms, the Additional Terms shall take precedence in relation to that service.
  •  4.2. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to

(a)  immediately notify ABEsquare of any unauthorized use of Your Account Information or any other breach of security, and 

(b)  ensure that You exit from Your Account at the end of each session. ABEsquare cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by ABEsquare or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

  • 4.3. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
  • 4.4. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ABEsquare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ABEsquare has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).

 

5. PRICING INFORMATION

  • 5.1 The pricing details for purchase of products and services are detailed under the Terms of Offer for Sale.
  • 5.2. You agree to provide correct and accurate credit / debit card details to the approved payment gateway for availing Services. You shall not use the credit / debit card which is not lawfully owned by You, i.e. in any transaction, you must use Your own credit / debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verification or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card details. ABEsquare expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card.


6. USER OBLIGATIONS

  • 6.1. Subject to compliance with the Terms of Use, ABEsquare grants You a non-exclusive, limited privilege to access and use this Website.
  • 6.2. You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by:(a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
  • 6.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the product catalogues) that You will access the Website in accordance with the Terms.
  • 6.4. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by ABEsquare. You shall not use any deep- link, 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 Content  (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  • 6.5. By accessing or using the Website or Services, you may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. ABEsquare disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content in the manner prescribed below.

 

 7. USE OF MATERIALS

  • 7.1. Except as expressly indicated to the contrary herein or in any applicable Additional Terms, ABEsquare hereby grants You a non-exclusive, freely revocable (upon notice from ABEsquare), non- transferable access to view, download and print product catalogues or any other materials available on the Website, subject to the following conditions:
  • You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
  • You may not modify or alter product catalogues or any other materials available on the Website; and
  • You may not remove any text, copyright or other proprietary notices contained in the product catalogues or any other materials available on the Website.

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8. USAGE CONDUCT

  • 8.1. You shall solely be responsible for maintaining the necessary Computer equipment and Internet connections that may be required to access, use and transact on the Website.
  • 8.2. You shall use this Website for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Website.
  • 8.3. ABEsquare shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decor authorization for any transaction for any reason whatsoever.



9. INTELLECTUAL PROPERTY RIGHTS

  • 9.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by ABEsquare and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
  • 9.2. The trademarks, logos and service marks displayed on the Website ("Marks") are the property of ABEsquare or other third parties. You are not permitted to use the Marks without the prior consent of ABEsquare or the third party that owns the Marks.
  • 9.3. ABEsquare owns all intellectual property rights to the trademark and variants thereof, and the domain name, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
  • 9.4. Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from ABEsquare or thirty party owner of such Content.



10. DISCLAIMER OF WARRANTIES & LIABILITY

  • You expressly understand and agree that, to the maximum extent permitted by applicable law:
  • 10.1. You agree to indemnify, defend and hold harmless ABEsquare from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ABEsquare that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Supply Terms or any Additional Terms applicable to the purchase of Products.
  • 10.2. In no event shall ABEsquare, its officers, directors, employees, partners or vendors be liable to You,  or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not ABEsquare has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, ABEsquare's entire liability to You under this Terms of Offer for Sale or otherwise shall be the refund of the money charged from You, under which the unlikely liability arises.
  • 10.3. Abesquare will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information or any services or materials, either with or without your knowledge. Abesquare  endeavors to ensure that all the information on the website is correct, but abesquare does not provide any warranties relating to the quality, accuracy or completeness of any data, information, product or service. Abesquare shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, abesquare shall not be responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Abesquare is not responsible for any typographical error leading to any invalidity of any kind. Abesquare accepts no liability for any errors or omissions, with respect to any information provided to you by itself or on behalf of third parties.
  • 10.4. Abesquare shall not be liable for any third party product or services. The advertisements available on e-mail or website with respect to any third party website or the products and services are for information purpose only.
  • 10.5. Notwithstanding anything to contrary, abesquare's entire liability to you shall be the refund of the money charged to you for any product or service, in relation to which unlikely liability arises.
  • 10.6. In no event shall abesquare, its officers, directors, employees, be liable to you for any (1) special, incidental, direct, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable and whether or not abesquare has been advised of the possibility of the same, (2) based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or (3) any other claim arising out of or in connection with your use of or access to the website, services 

         or materials.

  • 10.7. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.


11. VIOLATION OF THE TERMS OF USE


  • 11.1. ABEsquare may, in its sole discretion and without prior notice, terminate Your access to the Website if ABEsquare determines that You have violated the Terms or Additional Terms or any other duty owed to ABEsquare. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to ABEsquare, for which monetary damages is likely to be inadequate, and Your consent to ABEsquare obtaining any injunctive or equitable relief that ABEsquare deems necessary or appropriate. These remedies are in addition to any other remedies ABEsquare may have at law or in equity.
  • 11.2. You agree to indemnify, defend and hold harmless ABEsquare, its affiliate, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by ABEsquare that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. Further, you agree to hold ABEsquare harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of the rights of any another person. ABEsquare will also be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to ABEsquare.


12. TERMINATION

  • 12.1. The Terms will continue to apply until terminated by either You or ABEsquare as set forth below. If You want to terminate Your element with ABEsquare, you may do so by (i) not accessing the Website; or (ii) closing Your accounts (if any).
  • 12.2. ABEsquare may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
  • 12.2.1. You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You;
  • 12.2.2. ABEsquare is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);
  • 12.2.3. The provision of the Services to You by ABEsquare is, in ABEsquare's opinion, no longer commercially viable;
  • 12.2.4. For technical or any other reason, Termination or suspension may include:(i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or Services. ABEsquare may also delete any content or other materials relating to Your use of the Website.
  • 12.3. ABEsquare shall not be liable to You or any third party for any such termination.
  • 12.4. Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension.



13. GOVERNING LAW

  • 13.1. The Terms and all transactions entered and the relationship between You and ABEsquare and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
  • 13.2. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Bangalore Urban District, India and You hereby accede to and accept the jurisdiction of such courts.


14. REPORT ABUSE

  • 14.1 In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable content on the Website, please report to hi@abesquare.com.