TERMS AND CONDITIONS

1. Agreement to Terms

1.1  These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Abhitex International, doing business as  AVI Living, having it’s registered address at Plot No. - 3&4, Sector – 29, HUDA Part – 1, Panipat – 132103, India  & Corporate Office at - Paliwal Nagar, Jatal Road, Panipat - 132103, India (we, us), concerning your access to and use of the AVI Living (https://aviliving.in) website as well as any related applications (the Site).

The Site provides the following products online:  AVI Living sells Textile products online, like Towels, Rugs, Carpets, Pet Mats, Bathmats, Hand Towels, Face Towels, Placemats, Prayer mats, etc. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4 We may update or change the Site from time to time to reflect changes to our products, our users; needs, and/or our business priorities.

1.5 Our site is directed to people residing in India. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 Additional policies which also apply to your use of the Site include:

  • Our Privacy Notice (check privacy policy page), which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy (check privacy policy page), which sets out information about the cookies on the Site.

If you purchase physical goods from the Site, our terms and conditions of supply will apply to the sales.


2. Acceptable Use

2.1 Our full Acceptable Use Policy, sets out all the permitted uses and prohibited uses of this site.    

2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.  

2.3 As a user of this Site, you agree not to:

  • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
  • Use a buying agent or purchasing agent to make purchases on the Site
  • Use the Site to advertise or sell goods and services
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use 
  • Engage in unauthorized framing of or linking to the Site
  • The trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords 
  • Make improper use of our support services, or submit false reports of abuse or misconduct 
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
  • Attempt to impersonate another user or person, or use the username of another user
  • Sell or otherwise transfer your profile
  • Use any information obtained from the Site in order to harass, abuse, or harm another person
  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
  • Attempt to access any portions of the Site that you are restricted from accessing
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
  • Delete the copyright or other proprietary rights notice from any of the content
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  • Use the Site in a manner inconsistent with any applicable laws or regulations
  • Threaten users with negative feedback or offering services solely to give positive feedback to users
  • Advertise products or services not intended by us
  • Misrepresent experience, skills, or information about a User

Falsely imply a relationship with us or another company with whom you do not have a relationship


3. Information you provide to us

3.1  You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at hello@aviliving.in.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

3.3  As part of the functionality of the Site, you may link your account with online accounts you may have with third-party service providers (each such account, a Third-Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third-Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.

3.4  By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists;  and (b) we may submit and receive additional information to your Third-Party Account to the extent you are notified when you link your account with the Third-Party Account.

Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to hello@aviliving.in or through your account settings (if applicable), we will deactivate the connection between the Site and your Third-Party Account and attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that became associated with your account.

 

4. The content you provide to us

4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site and that they may be able to see who has posted that User Content.

4.2 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy (check privacy policy page).

4.3  You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means
you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

4.4 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.

4.5 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen, and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values

4.6 If you wish to complain about User Content uploaded by other users please contact us at hello@aviliving.in.

 

5. Our content

5.1  Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us and are protected by copyright and trademark laws.

5.2  Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3  Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

5.4  You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care, and (b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains viruses.

5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete, or up to date.

 

6. Link to third-party content

6.1  The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

 

7. Site Management

7.1  We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

7.2 We do not guarantee that the Site will be secure or free from bugs or viruses. 

7.3 You are responsible for configuring your information technology, computer programs, and platform to access the Site and you should use your own virus protection software.

 

8. Modifications to and availability of the Site

8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

 

9. Disclaimer/Limitation of Liability

9.1  The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions, and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content: (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

9.2  Our responsibility for loss or damage suffered by you:

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
  • If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.

If you are a consumer user:

  • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • Please note that images uploaded on our website or app may look different on devices depending on the color display.

 

10. Term and Termination

10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at hello@aviliving.in.

10.2  Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

10.3  If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

11. Mobile Application

11.1  If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.

 

12. General

12.1  Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication is in writing.

You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

12.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or with respect to the Services constitute the entire agreement and understanding between you and us.

12.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

12.4 We may assign any or all of our rights and obligations to others at any time.   

12.5 We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.   

12.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.  

12.7 There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

12.8 AVI Living has its legal identity & a registered trademark. You are not permitted to use them without our approval unless they are part of the material our Site explicitly states you are permitted to use.

12.9 In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us by email at hello@aviliving.in.

 

13. No Compensation Policy

If the quality of any products, services, information, or other material purchased or obtained by you through the website did not meet your expectations, no compensation will be given other than the return, credit voucher or exchange of the product. The customer cannot request compensation for any reason, including but not limited to: any variation in the finish or appearance of the final product; any delay in delivery caused by unforeseen circumstances; any special, incidental, indirect or consequential damage of any kind caused by a product; missed opportunities to avail certain discounts; any issue with our delivery partners or their personnel; any voucher which got deactivated due to the end of expiry date; unavailability of items which the customer tried to purchase, etc. Unreasonable and unlawful requests for compensation, over and above the entitled refund, will be treated as loss to business cases. AVI Living holds the right to cancel orders and block accounts of such customers without any prior notice.

 

14. GENERAL TERMS FOR OFFERS, PROMOTIONS, CONTESTS

AVI Living shall introduce various offers, promotions, contests from time to time. The terms and conditions for these shall be separately called out and AVI Living reserves right to change/modify/add/delete any of the terms and conditions on such contests or promotions at its discretion at any time without prior intimation.

No promotional code and/or coupon can be used against any products from the Sale section, Guest Editor section, and against any and all consignment products.

While participating in such contests/ promotions, you hereby agree to release and hold AVI Living harmless from any claims or demand.

Winners to contests will be decided by the team at AVI Living and AVI Living is not obliged or required to disclose the mechanism of the same.

AVI Living reserves the right to vary any of the terms and conditions of the contest and the decision of AVI Living shall be valid and binding on the contestants.

If AVI Living reframes or shares any participant's photos that does not mean that participant is a winner. A participant will only be considered a winner once AVI Living explicitly declares the same.

Entries being featured on AVI Living’s Instagram handle and Facebook page are entirely up to the discretion of AVI Living.

If any entry is found to have abusive and profane language, or an attempt to attack the integrity, the personality of any individual or an entity or where there is any attempt to harass any individual or entity or doing/having anything which in our view is demeaning or derogatory, such entry shall stand disqualified and or deleted from the contest and content.

All other terms and conditions on the website www.aviliving.in, not in conflict with these terms and conditions, shall prevail.

All dispute based on this contest is subject to arbitration and jurisdiction of all such dispute shall be within the Courts of Panipat, Haryana.

This contest is void where prohibited by law.

 

WARRANTIES AND CLAIMS

Please note the standard warranties and the conditions for usage of the products in relation to each product. No claim (a) that is contrary to the above or (b) where products have been used contrary to the conditions of usage or washed without following full wash care instructions; will be entertained.

 

16. PRICING INFORMATION

The pricing information relating to the product shall be as disclosed to you at the time of your purchase.

AVI Living does not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without notice or any consequential liability to you.

While AVI Living strives to provide accurate information relating to products, services including pricing information, typographical and other errors may occur. In the event that a product or service is listed with an incorrect price or with incorrect information due to an error, AVI Living may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellation. AVI Living will have the right to modify the price of the product and contact you for further instructions via the e-mail address provided by you at the time of registration or cancel the order and notify you of such cancellation. If AVI Living cancels the order after the payment has been processed, the entire amount will be remitted to your account from which the payment was made.

 

17. JURISDICTION

No implication is made that the materials published on this Website are appropriate for use outside of the INDIA. If you access this Website from outside of the INDIA, you do so on your own initiative, and you are responsible for compliance with local laws. The Terms and Conditions of this Website shall be governed by the laws of the state of Haryana, without giving effect to its conflict of law’s provisions. Any dispute arising out of this policy shall be subject to Panipat (Haryana) jurisdiction only.