AJIO and AJIO LUXE TERMS AND CONDITIONS
Welcome to AJIO and AJIO Luxe!
Reliance Retail Limited, having its registered office at 3rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai–400002, Maharashtra, India (collectively referred to as “Reliance”, “we”, “us” or “our”) is managing and operating the websites www.AJIO.com (“AJIO”) and www.LUXE.AJIO.com (“AJIO Luxe”) including its corresponding mobile applications on iOS and Android (collectively, “Platform”) which inter alia facilitates the sale and purchase of various Products (defined below) and associated services, offers, programs, functionality and other promotional activities (“Services”) available on the Platforms to any natural or legal person who accesses and/or uses the Platform (collectively referred to as “Customer” or “user” or “you” or “your”).
By accessing and/or using the Platform, you expressly agree that these Platform Terms and Conditions (“Terms”) govern your access and/or usage of the Platform, purchase of the Products on the Platform, access to Services on the Platform, and any rights and obligations arising by virtue of your access and/or usage of any feature of the Platform. Please note that your access and/or usage of the Platform, Products, Services, including any offers or promotional programs in relation to such Products and/or Services available on the Platform may be provided by us or any of our affiliates or group companies or any third-party service providers and may be governed by other terms and conditions, policies or guidelines (“Additional Terms”) in conjunction with these Terms. In the event of any inconsistency between these Terms and the Additional Terms, the Additional Terms shall prevail to the extent of such inconsistency in relation to the applicable Products and/or Services. If you do not agree with any of the Terms, we advise you not to access and/or use the Platform.
These Terms constitute an electronic record within the meaning of the Information Technology Act, 2002. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms carefully before accessing and/or using the Platforms or availing any Service on the Platform or purchasing any Products on the Platform. By accessing and/or using the Platforms or availing any Service on the Platform or purchasing any Products on the Platform, you signify your express agreement to be bound by these Terms (including any applicable Additional Terms). These Terms (including any applicable Additional Terms) form a binding Agreement between Reliance and the Customer (“Agreement”) within the scope of Section 10A of the Information Technology Act, 2000 read with the Indian Contract Act, 1872.
For the purposes of these Terms, “Products” shall mean the diverse range of fashion, lifestyle, clothing, home, beauty and related accessories listed and offered for sale on the Platform from time to time. We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.
These Terms are divided into 2 (two) parts – (i) Part A – Terms of Use of the Platform; and (ii) Part B – Terms of Sale on the Platform. You are advised to read both parts carefully to fully understand the terms and conditions governing your access to and/or use of the Platform, as well as the purchase of Products and the availing of Services offered thereon.
PART A – TERMS OF USE OF THE PLATFORM
1. GENERAL
1.1 The terms and conditions for use of the Platform as set out herein (“Terms of Use”) specifically govern your access and/or usage of the Platform, which provides a forum for you to inter alia discover, select and buy Products listed on the Platforms at the indicated price at any time, from the locations serviceable by us and avail any related Services offered on the Platform. Except where we are the seller of the relevant Products on the Platform, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, such contract of sale of Products on the Platform shall be a strictly bipartite contract between you and the sellers on the Platform.
1.2 Please note that we may from time to time, modify the Terms of Use that govern your access and/or use of the Platform. Every time you wish to use our Platform, please check these Terms of Use to ensure that you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Platform or suspend the operation of the Platform (including any non-availability of Products and/or Services offered on the Platform) for support or maintenance work, in order to update the content or for any other reason, at any time.
1.3 We authorise you to view and/or use and/or access the Platform solely for identifying Products, purchases of Products, making payments in relation to purchase of Products (in accordance with the Fees and Payments Policy) and processing cancellation, returns and refunds (in accordance with the Cancellation, Return and Refund Policy) in relation to the Products and availing any associated Services offered on the Platform. We therefore grant you a non-exclusive, limited, revocable-at-will permission to access and/or use the Platform solely for the purpose of purchase of Products or for availing any associated Services offered thereon.
1.4 By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the concerned Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including the terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice and suspend any associated Services. Further, if you are using the Services on behalf of a company or organisation, you represent that you have the authority to act on behalf of that entity, and that such entity accepts this Agreement.
2. REGISTRATION OF YOUR ACCOUNT
2.1 In order to purchase Products on the Platforms and/or avail Services thereon, you will have to register on the Platform. Registration is a one-time process and is free of cost.
2.2 You may register on the Platform in one of the following ways:
a. Creating an AJIO account: by providing the relevant information for the creation of your account on the Platform and after filling in the necessary forms and providing the necessary details as may be required by us at the time of your registration for creating an account. Following this, an account will be created by us for you.
2.3 You may register on the Platform on successful mobile OTP (One Time Password) verification via your registered mobile number. For placing an order, you should login to your account by completing the successful mobile OTP verification. Due to inactivity in your account for a substantial time, you may get automatically logged out of your account or you may choose to log out of your account. In case you are logged out of your account and wish to log in, you may log in via successful mobile OTP verification via your registered mobile number.
2.4 You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the log in credentials of your account on the Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your account related information up-to-date and accurate. You shall remain solely liable for all the actions undertaken through your account and recovering your account related information if you have misplaced or forget them. If you wish to deactivate your account for any reasons, please write to us at: customercare@ajio.com and let us know of your concerns.
2.5 You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms (including the Terms of Use and Terms of Sale). You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Platform, restrict placement of new orders, cancel pending orders, deactivate, or suspend your account on the Platform, without any notice to you, at our sole discretion, for reasons which may include: (a) breach of these Terms (including Terms of Use and Terms of Sale), Privacy Policies or any other Additional Terms; or (b) violation of any applicable laws; or (c) suspicion of your involvement in any inappropriate or unlawful conduct or fraudulent transactions; or (d) suspicion of your involvement in placing fake orders, frequent cancellations, returns, or abuse of any policies; or (e) directly or indirectly threaten to or cause harm to the brand image of AJIO on a public forum (including but not limited to social media, print or electronic media); or (f) causing harassment to AJIO and / or its employees / or its agents.
2.6 We constantly monitor the user’s account in order to avoid fraudulent accounts and illegal transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under the applicable law and we reserve the right to recover the cost of goods, collection charges and lawyer fees from users using and/or accessing the Platforms fraudulently (including for any fraudulent and/or illegal purposes). We reserve the right to initiate legal proceedings against such users for any fraudulent and/or illegal use of the Platform and any other unlawful acts or omissions in breach of these Terms (including the Terms of Use and Terms of Sale). In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such account and dishonour all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds to any users for their fraudulent and/or illegal use of the Platform and/or Services in violation of these Terms and/or the applicable law.
3. COMMUNICATION AND UNSUBSCRIPTION
3.1 You understand that once you have successfully registered on the Platform, you may receive SMS or email notifications from Reliance relating to your registration and transactions on the Platform. You may also receive such notifications regarding any marketing / promotional activities that maybe available on the Platform from time to time. By accepting these Terms (including the Terms of Use and Terms of Sale), you also accept to receive news, updates, offers/ campaign related SMS and emails, to the mobile phone number and email id provided by you. By accessing and using the Platform and/or verifying your contact number and email with us, you explicitly consent to receive such communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services and/or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
3.2 Reliance may also send notifications and reminders with respect to the Products and/or Services on the Platform. While Reliance endeavours to provide these notifications and reminders to you promptly, Reliance does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
3.3 You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters and other notifications from us at any time by following the instructions set out in such communications.
3.4 Please note all calls made by/to us are confidential in nature. However, the users’ calls may be recorded and monitored to ensure the quality of service and for training purposes.
4. LICENSE AND ACCESS TO PLATFORM
4.1. Your use of the Platform, the Services, and access to the Reliance Content (as defined below) is subject to a non-exclusive, limited, revocable-at-will permission which is granted to you when you register on the Platform. You will use and/or access the Platform solely for identifying Products, purchases of Products, making payments in relation to purchase of Products (in accordance with the Fees and Payments Policy) and processing cancellation, returns and refunds (in accordance with the Cancellation, Return and Refund Policy) in relation to the Products and availing any associated Services offered on the Platform for your personal use only and not for business purposes. We therefore grant you a non-exclusive, limited, revocable-at-will permission to access and/or use the Platform solely for the purpose of purchase of Products or for availing any associated Services offered thereon. We will make reasonable endeavors to make your access to and use of the Platform error-free and without interruptions. However, your access to and use of the Platform may be occasionally suspended or restricted to for repairs, maintenance, or for introduction of new facilities or services on the Platform. We do not take responsibility for any access or usage related problems that arise from internet related issues at your end.
4.2. The permission granted to you does not include any permission for: (a) resale of Products or commercial use of the Platform, the Service and/or Reliance Content, (b) any collection and use of Product listings, description, or prices, (c) any use of the Platform, the Services and/or of Reliance Content other than as contemplated in these Terms (including Terms of Use and Terms of Sale), (d) any downloading or copying of your account related information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platform, (f) creating and/ or publishing your own database that features parts of the Platform.
4.3 You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Platforms without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on the Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at its request.
4.4 You agree that we do not routinely monitor your postings on the Platform but reserve the right to do so. However, if we become aware of inappropriate use of the Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities of any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet. Please note that Reliance at all times reserves the right to refuse your access and/or use of the Platform, terminate/deactivate your account on the Platform and/or remove or edit any content on the Platform, at its discretion.
4.5 Submissions and unauthorised use of any materials contained on the Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password.
5. ACCESS TO IMAGES
5.1 By accepting these Terms (including the Terms of Use and Terms of Sale), you provide explicit consent to us, to have access to your camera and gallery applications installed in your phone or computer, through which you are using the Platform, for the purpose of enabling us to provide Products and/or Services to you as per your preferences.
5.2 You acknowledge and agree that in addition to the restrictions set out in Paragraph 10 (User Warranties and Restrictions) to these Terms, you will ensure that any image uploaded by you: (i) should not belong to another person, in relation to which you do not have any right/ license/ permission to use; or (ii) should not be defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethically objectionable; or (iii) should not be harmful to any child; or (iv) should not infringe any copyright or other proprietary rights of any person or entity; or (v) should not impersonate another person; or (vi) should not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or (vii) should not contain indecent representation of women or children in any form; or (viii) should not violate or breach any applicable laws for the time being in force, including but not limited to Information Technology Act, 2000, Indecent Representation of Women (Prohibition) Act, 1986 and Indian Penal Code 1860, and any applicable rules and regulations made thereunder from time to time.
5.3 When you upload images that are covered by third party intellectual property rights, you grant or in case of a third party, ensure that they are granted by you (whether by yourself or on behalf of the third party), a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right and license to use, distribute, copy, reproduce, publish, print, display, transmit, translate and create derivative works of the images that you upload, solely in connection with the Products and/or Services available on the Platform.
5.4 You acknowledge and accept that for the purpose of providing Products and/or Services as per your preference, the images uploaded by you may be accessed, used or processed by a third party, and that we have no liability, obligation or responsibility of any nature towards you or such third party and the contract under such instances remains between you and such third party.
5.5 In the event of any breach of your obligations under this Paragraph 5 (Access to Images), you acknowledge and agree that we shall not be liable to you or any third party for any claims, losses, liabilities, damages, and/or costs (including attorney fees and legal expenses) arising from such breach. Furthermore, you agree to fully indemnify, defend, and hold us harmless from and against any claims, losses, liabilities, damages, and/or costs (including attorney fees and legal expenses) incurred by us as a result of your breach, in accordance with Paragraph 11 (Indemnification and Limitation of Liability) of these Terms.
6. DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS
6.1 We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings or otherwise (hereinafter “Information”) provided as part of the Platform is correct at the time of inclusion on the concerned Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information. All information in relation to third parties, including sellers and the Products listed by them on the Platform (“Third-Party Information”) are provided only for reference. Reliance, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third-Party Information at your own risk.
6.2 You agree that Information (including any Third-Party Information) is being supplied to you on the condition that you will make your own determination as to the suitability of such Information (including any Third-Party Information) for your purpose prior to use or in connection with the making of any decision. No Information (including any Third-Party Information) on the Platform shall constitute an invitation to invest in us or any affiliates. Any use of the Platform or the Information (including any Third-Party Information) is at your own risk. Neither we, our affiliates, nor their officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to, use of, or reliance upon, the Platform, the Information, Third Party Information or any third-party website linked to the Platform.
6.3 We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense. Any information that you provide on such third-party website shall be governed by the third-party website terms of use and privacy policy. Please read the third-party website terms of use and privacy policy before providing any information therein. We disclaim all liabilities in relation thereof and shall not be responsible in any manner whatsoever.
6.4 As a means to assist the users in identifying the Products of their choice, we provide visual representations on the Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Products when delivered may vary for various reasons.
6.5 Nothing contained herein is to be construed as a recommendation to use any Product, Services, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.
6.6 The Products and/or Services available on the Platform are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing herein. We do not covenant or provide any representations and warranties:
6.6.1 in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on the Platform;
6.6.2 that the Products and/or Services will be made available at all times; and
6.6.3 that the operation of the Platform, including the functions contained in any content, information and materials on any Platform or any third-party sites or services linked to the Platform will be uninterrupted, or that the defects will be rectified, or that the Platforms or the servers that make such content, information and materials available are free of viruses or other harmful components.
6.7 EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE PLATFORM AND THE PRODUCTS AND SERVICES AVAILABLE ON THE PLATFORM ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS PLATFORM, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE PLATFORMS, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE MAKE NO WARRANTY THAT THE PLATFORM OR THE PRODUCTS OR THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) WILL BE APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS; OR (D) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. WE FURTHER MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE CONTENT ON ANY THIRD-PARTY WEBSITES TO WHICH THE PLATFOR IS LINKED. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE PLATFORM, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS PLATFORM AND SERVICES OR YOUR INABILITY TO USE THE PLATFORM OR SERVICES, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.8 AI GENERATED CONTENT DISCLAIMER: THE PLATFORM UTILIZES AI TECHNOLOGY TO GENERATE CERTAIN MODEL IMAGES AND CONTENT. WHILE WE CONTINUOUSLY STRIVE TO MAINTAIN FAIRNESS, ACCURACY, AND INCLUSIVITY IN THESE OUTPUTS, USERS ARE HEREBY INFORMED THAT AI-GENERATED CONTENT MAY INHERENTLY HAVE CERTAIN LIMITATIONS. THESE MAY INCLUDE POTENTIAL INACCURACIES, BIASES, OR OUTCOMES THAT COULD INADVERTENTLY REFLECT DISCRIMINATORY ELEMENTS, SUCH AS RACIAL BIAS OR PREJUDICE, DUE TO THE UNDERLYING DATA OR ALGORITHMS USED.
WE DISCLAIM LIABILITY FOR ANY INACCURACIES, BIASES, OR UNINTENDED OUTCOMES STEMMING FROM AI-GENERATED CONTENT TO THE FULLEST EXTENT PERMITTED BY LAW. USERS ARE ENCOURAGED TO EXERCISE DISCRETION WHEN INTERPRETING OR RELYING UPON SUCH CONTENT. YOUR FEEDBACK ON THESE MATTERS IS INVALUABLE IN HELPING US ENHANCE OUR INCLUSIVITY AND FAIRNESS.
6.9 To the extent permitted by applicable law, we, our officers, agents, employees and directors, disclaim any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of Products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on the Platform.
6.10 Parties other than Reliance and its affiliates may operate stores, provide services, or list or sell Products on the Platform. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. Reliance does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on the Platform is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.
6.11 The Platform may contain user generated content which Reliance does not pre-screen and which contains views that may be opinions of users/ experts. Reliance will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms, including the Terms of Use and/or Terms of Sale). Reliance does not promise that the user generated content on the Platform is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
7. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES
7.1 During your access and/or use of the Platforms, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of the Platforms or access any other third-party website linked to the Platforms. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation or responsibility for any such correspondence, purchase or promotion, access or usage of any third-party website and the contract under such instances remains between you and any such third party.
7.2 The Platform may include advertisement or promotions which are linked with third-party website and the user will be redirected to third-party website on clicking on such advertisement or promotions on the Platforms. In case any user clicks on such advertisement or promotions and is redirected to any third-party website, the user acknowledges that Reliance does not control such third-party website and assumes no responsibility for the content of such third-party website and any liabilities thereof is wholly disclaimed. Any information provided by the user on such third-party website shall be governed by such third-party website Terms of Use and Privacy Policy. The user access to or any other act on such third-party website shall be entirely at user’s sole risk and responsibilities. Please read the third-party website terms of use and privacy policy before providing any information therein. Reliance disclaims all liabilities in relation thereof and shall not be responsible in any manner whatsoever.
8. COPYRIGHTS IN RELIANCE CONTENT
8.1 The Platforms contain information, content, material, text, graphics, images, logos, sounds, button icons, software code which is protected by copyright and/or other intellectual property rights (“Reliance Content”). All copyright and other intellectual property rights in the Reliance Content are either owned by us or have been licensed to us by the owner(s) of those intellectual property rights so that it can use as part of the Reliance Content on the Platforms. We retain copyright on all Information, including text, graphics, images, logos and sound and all trademarks displayed on the Platforms are either owned by or licensed to us. Further, all trademarks, service marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to Reliance. Reliance may display on the Platform any third-party logos, trade names, trademarks of other brands, as per the license granted to Reliance by such brands.
8.2 You may use and display the Reliance Content on your personal computer only for your personal use subject to the grant of a non-exclusive, limited, revocable and non-transferable permission to you by us when you register on any of the Platforms, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Return and Refund Policy and for using and printing copies of the information on the Platforms for your personal use and store the files on your computer for personal use only and not for business purposes.
8.3 You may not:
(a) copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper within any way or otherwise use any Reliance Content contained on the Platforms. These restrictions apply in relation to all or part of the Reliance Content available on the Platforms;
(b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system;
(c) reproduce any part of the Platforms or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site;
(d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Platforms; or
(e) link any other material to the Platform
s, without our express written consent.
(f) frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Reliance;
(g) use any meta tags or any other “hidden text” utilizing Reliance’s names, trademarks, logos, brands without the express written consent of Reliance. Any unauthorized use terminates the permissions granted in these Terms (including the Terms of Use and Terms of Sale).
8.4 The permission granted to you does not include any permission for: (a) resale of Products or commercial use of the Platform, the Service and/or Reliance Content, (b) any collection and use of Product listings, description, or prices, (c) any use of the Platform, the Services and/or of Reliance Content other than as contemplated in these Terms (including Terms of Use and Terms of Sale), (d) any downloading or copying of your account related information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of the Platform, (f) creating and/ or publishing your own database that features parts of the Platform.
8.5 Reliance may provide promotional cashback offers to the eligible customers and such unutilized cash back balance will be subjected to expiry on a periodic basis as per the applicable policies from time to time.
8.6 If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at grievance.officer@ajio.com and let us know of your concerns.
9. TRADEMARKS
All the brands, trade names, logos associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.
10. USER WARRANTIES AND RESTRICTIONS
10.1 You represent and warrant that: (a) your use of the Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with the Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject registration, cancel all orders, and restrict you from accessing and/or using the Platform and availing the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for and against all claims brought by any third party against us or our affiliates arising out of or in connection with your breach of any of these warranties.
10.2 You will use the Platform for lawful purposes only and will not undertake any activity that is harmful to the Platform or its content or otherwise not envisaged through the Platform. You have a limited license to access and/or use the Platforms solely for the purpose of purchasing Products and/or availing the Services, subject to these Terms (including the Terms of Use and Terms of Sale).
10.3 You will not do any of the following:
10.3.1 Delete or modify any content on the Platform, including but not limited to any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;
10.3.2 Decompile, reverse engineer, or disassemble the content on the Platform;
10.3.3 Use the Services in any way that is unlawful, or harms Reliance or any other person or entity, as determined in Reliance’s sole discretion;
10.3.4 Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platform;
10.3.5 Make false or malicious statements against the Services, the Platform or us;
10.3.6 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platforms and/or the Services;
10.3.7 Introduce any trojans, viruses, any other malicious software, any bots or scrape the Platforms for any information;
10.3.8 Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
10.3.9 Hack into or introduce malicious software of any kind onto the Platforms;
10.3.10 Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
10.3.11 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
10.4 You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, storing, updating or sharing on or through the Platform, any information that:
10.4.1 belongs to another person and to which you do not have any right;
10.4.2 is libelous, abusive, threatening, offensive, harmful, harassing on the basis of gender, racially or ethnically objectionable, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, insulting, hateful, relating to or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intend to incite violence or otherwise violates any law or right of any third-party in any manner whatsoever;
10.4.3 harms minors in any way;
10.4.4 infringes any patent, trademark, copyright or other proprietary rights;
10.4.5 violates any law for the time being in force;
10.4.6 deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify ;
10.4.7 impersonates or defames another person; or
10.4.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10.4.9 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 cognisable offence, or prevents investigation of any offence, or is insulting other nation;
10.4.10 is in the nature of an online game that is not verified as a permissible online game
10.4.11 is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game, or any illegal loan, or betting.
11. INDEMNIFICATION AND LIMITATION OF LIABILITY
11.1 You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising directly or indirectly from your unauthorized access to or use of the Platforms or the Services, your violation of these Terms (including the Terms of Use and Terms of Sale), your violation of the applicable laws and regulation, your negligence and/or willful misconduct, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, damages, cost or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damages, cost or demand.
11.2 To the fullest extent permitted by law, in no event shall Reliance or any of its directors, officers, employees, agents or content or service providers (collectively, the “Reliance Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, provision of information via the Platform, lost business, even if such Reliance Representatives have been advised of the possibility of such damages.
11.3 In no event shall Reliance Representatives be liable for:
11.3.1 the use or inability to use the Platform and/or the Services;
11.3.2 any content posted, transmitted, exchanged or received by or on behalf of any user or other person 11.3.3 on or through the Platform;
any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
11.3.4 any other matter relating to the Platform and/or the Services.
11.4 Reliance is neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. Reliance is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Platform.
11.5 None of the directors, officials or employees of Reliance shall be personally liable for any action in connection with the Platforms or the Services thereto.
12. ACCESS OUTSIDE THE REPUBLIC OF INDIA
Reliance makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Your use of or access to the Platforms from outside the Republic of India is at your own risk and you are responsible for compliance with the laws of such jurisdiction. These Terms (including Terms of Use and Terms of Sale) do not constitute, nor may these Terms (including Terms of Use and Terms of Sale) be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized under the applicable laws or to any person to whom it is unlawful to promote or solicit.
13. GOVERNING LAW AND JURISDICTION
These Terms (including Terms of Use and Terms of Sale) are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Platform, whether in contract or tort or otherwise, to submit to the exclusive jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.
14. TERM AND TERMINATION
These Terms (including Terms of Use and Terms of Sale) shall be effective from the date of their publication on the Platform. Reliance reserves the right to deactivate your account, terminate your use and/or access to the Platform and/or the Services in the event of breach of these Terms (including Terms of Use and Terms of Sale), misrepresentation of any information provided by you, any unlawful activity by you in violation of the applicable laws and regulation or if Reliance is unable to verify or authenticate any information submitted by you. You may terminate these Terms (including Terms of Use and Terms of Sale) at any time, provided that you discontinue any further use of the Platform or Services. However, any such termination shall not cancel your obligation to pay us for any Product purchased on the Platform or for any Services availed on the Platform, or for any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination. On termination of your use and/or access to the Platform and/or the Services, the limited license granted by us to you under these Terms terminates automatically, without any further notice to you. Upon termination, you must immediately destroy any downloaded and printed materials that belongs to us. Any provision of the Terms (including the Terms of Use and Terms of Sale) which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of these Terms (including the Terms of Use and Terms of Sale) shall survive the termination or expiration of these Terms (including the Terms of Use and Terms of Sale).
15. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any causes which is beyond our reasonable control. The Platform (including its associated Services) are subject to force majeure circumstances including without limitation to floods, fire, storm, natural disasters, war, act of terror, political unrests, epidemic, pandemic, technical snags, technical glitch, act of God or any circumstance beyond reasonable control of the Company ("Force Majeure Events"). We shall not be liable for any delay or adverse effect caused as a result of any Force Majeure Events to the users access to the Platform (including its associated Services). In the event of any occurrence of Force Majeure Event, we reserve to right to either take down the Platform or withdraw, cancel or revoke your access to and use of the Platform (including its associated Services).
16. WAIVER
No provision in these Terms (including Terms of Use and Terms of Sale) will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
17. SEVERABILITY
If any provision of these Terms (including Terms of Use and Terms of Sale) is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms (including Terms of Use and Terms of Sale) and the remainder of these Terms (including Terms of Use and Terms of Sale) will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms (including Terms of Use and Terms of Sale) will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
18. AMENDMENT
These Terms (including Terms of Use and Terms of Sale) are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms (including Terms of Use and Terms of Sale) as available on the Platforms. Your relationship with the Platform will be governed by the most current version of these Terms (including Terms of Use and Terms of Sale), as published on the Platform. You will be subject to the Terms (including Terms of Use and Terms of Sale) that are in force at the time you order Product on the Platform, unless any amendment and modification these Terms (including Terms of Use and Terms of Sale) is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
19. PERSONAL INFORMATION
19.1. During the course of your registration on and usage of the Platform or availing the Services, Reliance may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, postal address, pin code, etc.
19.2. Reliance respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, Reliance has formulated the Privacy Policy for the Platform, which shall be deemed to be included in these Terms (including Terms of Use and Terms of Sale), setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object terms of our Privacy Policy, please do not use or access the Platform or avail the Services. For more information, please refer to the Privacy Policy.
20. GRIEVANCE OFFICER:
In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder, may be directed by you to such grievance officer or at the below mentioned coordinate:
Name: Anirban Chatterjee
Designation: Grievance Officer
Email Address: grievance.officer@ajio.com
21. NODAL OFFICER
Name: Gurpreet Jolly
Designation: Nodal Officer
Email Address: nodal.officer@ajio.com
22. MISCELLANEOUS
22.1 In addition to these Terms (including Terms of Use and Terms of Sale), you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers terms and conditions, whose links, if any, are contained/embedded in the Services on the Platform. You agree that we will not be liable for any transaction between you and any such third parties.
22.2 These Terms (including Terms of Use and Terms of Sale) supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of the Platforms, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms (including Terms of Use and Terms of Sale).
23. BANK OFFERS
Reliance, in collaboration with various banks and financial institutions, may offer limited-period promotional discounts on the Platform (“Bank Offers”). These Bank Offers are subject to these Terms as well as specific Bank Offer related terms and conditions issued by Reliance and/or the participating bank and financial institutions (“Bank Offer Terms”). In the event of any inconsistency between these Terms and Bank Offer Terms, the Bank Offer Terms shall prevail to the extent of such inconsistency in relation to the applicable Bank Offer. Reliance reserves the right to withdraw or modify any Bank Offer at any time, even after it has been announced. Discounts availed under these Bank Offers cannot be exchanged for cash or other merchandise. If any terms of the Bank Offers are breached, such as failing to maintain the minimum order value requirement due to order cancellations, Reliance reserves the right to revoke the discount and claw back the discount amount that had been availed by the customer. Reliance shall not be responsible for addressing any customer complaints related to Bank Offers after the expiry of the respective offer.
24. PRODUCT REVIEW & RATINGS
By entering a written customer review for any of the Products (“Product Review”) listed on www.ajio.com (“AJIO”) and www.luxe.ajio.com (“AJIO Luxe”) and their corresponding mobile and tablet applications thereof (AJIO and AJIO Luxe are collectively referred to as the “Platform”), you hereby grant Reliance Retail Limited (“Reliance”) a non-exclusive, perpetual, irrevocable, royalty free, fully sublicensable, worldwide right and license to use, reproduce, modify, adapt, create derivative works, print, publish, translate, transmit, distribute and publicly display your Product Review(s), in whole or in part, in any language and in any formats (including but not limited to digital and/or physical formats) for the purposes of marketing and/or advertising of the Platform and products listed on the Platform, including without limitation, in any online and/or offline store, in newsletters, catalogs, email and other customer communications, store materials and other marketing purposes. You further grant to Reliance the right to evaluate and moderate the Product Review(s) before they are published on the Platform to ensure that the Product Review(s) are appropriate for publication on our Platform. This means that after you submit your Product Review(s) it will not immediately appear on our Platform. Reliance will only publish the Product Review(s) that contain relevant information about a Product listed on the Platform, that helps other customers to make informed decisions and to get a clearer understanding of the Product. To this end Reliance will not publish and have the right to restrict your access to the Platform in whole or in part and delete any inappropriate Product Review(s) which is either indecent, illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, menacing, deceptive, misleading, abusive, invasive of another's right to privacy (including bodily privacy); or insulting or harassing on the basis of gender; or is in breach of copyright, trademark, patent, confidentiality or any other proprietary information or right; or otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or promotes enmity between different groups on the grounds of religion or caste with the intent to incite violence; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or friendly relations with foreign States or public order; or causes incitement to the commission of any cognisable offence; or prevents investigation of any offence; or is insulting other nation; or which consists of or contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource, political campaigning, commercial solicitation, chain letters, mass mailings or any spam; or deceive or mislead the addressee about the origin of the Product Reviews; or is otherwise unlawful or is in violation of any other applicable laws in any manner whatsoever. Once you have submitted your Product Review you may further edit/ modify /alter the Product Review. However, such edited/ modified/ altered Product Review shall be subject to further moderation by Reliance. Reliance will review and examine the Product Review(s) submitted and publish the same within 72 hours from the time of submission thereof, provided the Product Review does not violate these terms in any manner whatsoever. Reliance reserve the right to remove any Product Review(s) at any time, for instance, if the Reviews are found to be in breach of these terms, or the product has been sold out, or if the Product Review(s) are in other ways outdated. You hereby forever release and discharge Reliance from all and any obligation to pay you any form of consideration for usage of the Product Reviews in connection with the uses described hereinabove. You hereby forever release, discharge and agree to hold Reliance and any person acting on Reliance’s behalf harmless from all claims, demands, and liabilities whatsoever in connection with use of the Product Review(s) in the manner described hereinabove. Reliance reserve the right to amend these terms contained hereinabove from time to time without prior notice to you. You are deemed to have read and understood these terms prior to providing your Product Review(s) in relation to Products listed on the Platform. Please note that Product Review(s) can only be submitted by customers who has purchased the Products on the Platform and the Products have been delivered to such customers. Product Review(s) can be submitted by the customer either via their order history page or a widget which is available on different pages across the Platform following their purchase of Product on the Platform and receipt of the Products. You represent and warrant that you own or otherwise control all of the rights to the Product Review(s) that you have submitted on the Platform and that as on the date of publication of the Product Review(s) on the Platform: (i) the Product Review(s) are lawful, true, accurate and does not violate these terms and applicable laws; and (ii) use of the Product Review(s) does not breach any applicable laws and will not cause injury to any person or entity (including that the Product Review(s) are not defamatory, unauthorized, etc.). You agree to indemnify Reliance and its affiliates for all claims brought by a third party against Reliance or its affiliates arising out of or in connection with a breach of any of these warranties. Product ratings are shown on the product detail page and are calculated based on mathematical objectivity. The process for calculating product ratings is outlined on the product display page where the aggregate rating is present.
PART B – TERMS OF SALE ON THE PLATFORM
The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between the person or entity listed as seller (“we”, “us” or “our”) on the Platform and you and govern the terms and conditions on which you purchase Products from us on or through the Platforms. By placing an order for any Product with us or making a purchase of Product through the Platform, you expressly agree to be bound by these Terms of Sale.
These Terms of Sale are in addition to the Agreement and all other policies of the Platform. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. OUR CONTRACT OF SALE
1.1 Listing and display of a Product by us on the Platforms is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Platforms by you is your offer to buy the Product(s) from us.
1.2 Once you have placed an order with us for purchase of a Product on the Platform, you will receive an e-mail on your registered email id and/or mobile SMS on your registered mobile number, as may be applicable, confirming receipt of your order and containing the details of your order (“Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3 We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail has been sent to your registered email id and/or an SMS has been sent to your registered mobile number, as may be applicable, confirming that the Product ordered has been shipped or dispatched to you (“Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you. You can cancel your order for a Product at no platform or delivery related cost any time while your order is at order “confirmed” status. You cannot cancel your order for a Product once the order status has moved or has changes from order “confirmed” status to order “packed” status or order “shipped” status or order “out for delivery” status . If at the time of delivery of order of Products by our Logistic Partner you notice that the Product package is either tampered and/or torn and/or opened, then you must reject the shipment of such order of Products when our Logistic Partner attempts the delivery the order of Products at your delivery address and intimate the concern by emailing us at customercare@ajio.com or contacting us via Contact Us section on the Platforms.
1.4 If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
1.5 Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
1.6 All orders placed on the Platforms are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
1.7 You acknowledge and accept that the title and risk of all Products ordered by you on the Platform shall pass on to you upon the delivery of the purchased Products to you.
1.8. Any communication from us shall be sent only to your registered mobile number and/or registered email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Platforms in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
1.9 You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including the Products ordered by you are for personal, non-commercial use.
2. CANCELLATION, RETURN AND REFUND POLICY & FEES AND PAYMENT POLICY
Please review the Fees and Payment Policy and Cancellation, Returns and Refund Policy of the Platforms which applies to Products sold by us on the Platform.
3. PRODUCT AVAILABILITY
3.1 We list availability information for the Products on the relevant webpage of the Platforms. Beyond what we say on that webpage or otherwise on the Platforms, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile SMS if any Products you order turn out to be unavailable or out of stock.
3.2 Products offered to customers as rewards or benefits under any promotional offer or program are subject to inventory availability and may vary in colour and texture. In the event that Reliance exhausts the inventory of a specific Product offered as a reward or benefit, it reserves the right to substitute it with another Product of equal value. Products that are offered as rewards or benefits under any promotional offer or program cannot be exchanged for cash or other merchandise
4. PRODUCT PRICING
4.1 All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.
4.2 Products in your shopping cart of the Platforms will reflect the most recent price as displayed on the Product’s information webpage on the Platforms. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery.
4.3. In certain circumstances, due to high demand, a Product with price as displayed on the Product Detail Page (“PDP”) and an offer on a Product may be available in limited quantities and will be fulfilled on a first-come, first-served basis. In the event that the Product with certain price and with particular offer is out of stock, a fresh supply of the same Product from a different manufacturing batch may be provided during the delivery of the order, in order to fulfil the request for the Product. Please note that such Product, sourced from a different manufacturing batch, may have a different price and may not be eligible for the same offer or discount that was originally applied to the Product under the offer. It will be our endeavour to serve you with timely supply of Products and in case you do not agree with the different price or discount/ offer you may reach out to our customer care team by writing an e-mail or by calling the number as published on the Platform.
5. LICENSES
You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.
6. TAXES
You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.
7. ELIGIBILITY
Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use the Platforms and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on the Platforms only with the involvement of a parent or guardian.
8. LIMITATION OF LIABILITY
In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.
9. FORCE MAJEURE
We will not be held responsible for any delay or failure to comply with our obligations under these Terms of Sale if the delay or failure arises from any Force Majeure Events which is beyond our reasonable control.