1. THE TERMS
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.
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.
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
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
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.
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.
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
4. USER ACCOUNT, PASSWORD, AND SECURITY
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, the Additional Terms shall take precedence in relation to that
- 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
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.
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
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).
The pricing details for purchase of products and services are detailed
under the Terms of Offer for Sale.
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
limited privilege to access and use this Website.
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.
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.
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.
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.
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:
may access and use the materials solely for personal, informational, and
internal purposes, in accordance with the Terms;
may not modify or alter product catalogues or any other materials
available on the Website; and
may not remove any text, copyright or other proprietary notices contained
in the product catalogues or any other materials available on the
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.
You shall use this Website for reasonable and lawful purposes only, and
shall not indulge in any activity that is not envisaged through the
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
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.
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.
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
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.
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.
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.
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.
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,
- 10.7. The
limitations and exclusions in this section apply to the maximum extent permitted
by applicable law.
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
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
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
terms, conditions, or policies that may be applicable to You;
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;
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.
ABEsquare shall not be liable to You or any third party for any such
- 12.4. Termination
or suspension shall not affect your liability or obligation arising prior
to such termination
13. GOVERNING LAW
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
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
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 firstname.lastname@example.org.