Welcome to Mr. Ajay Kumar, a brand registered under Aqurator Designs Private Limited under Companies Act, 2013. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Mr. Ajay Kumar ecommerce platform (hereinafter referred to as "Mr. Ajay Kumar”).
Your use of the Mr. Ajay Kumar and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Mr. Ajay Kumar including the applicable policies which are incorporated herein by way of reference. By mere use of the Mr. Ajay Kumar, You shall be contracting with Aqurator Designs Private Limited and these terms and conditions including the policies constitute Your binding obligations, with Mr. Ajay Kumar.
For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Mr. Ajay Kumar by providing Registration Data while registering on the Mr. Ajay Kumar as Registered User. The term "Mr. Ajay Kumar","We","Us","Our" shall mean Aqurator Designs Private Limited and its affiliates.
When You use any of the services provided by Us through the Mr. Ajay Kumar, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Mr. Ajay Kumar following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Mr. Ajay Kumar. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Mr. Ajay Kumar Policies including but not limited to Privacy Policy as amended from time to time.
If You use the Mr. Ajay Kumar, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Mr. Ajay Kumar.
You agree to
(a) immediately notify Mr. Ajay Kumar of any unauthorized use / breach of your password or account and
(b) ensure that you exit from your account at the end of each session.
2. Services Offered:
Mr. Ajay Kumar provides a number of Internet-based services through the MrAjayKumar.com. One such Service enables Users to purchase original, authentic and custom-made products such as clothing, footwear, perfumes and toiletries and accessories from our portfolio brands (collectively, "Products"). The Products can be purchased through the Mr. Ajay Kumar through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the individual tabs at the footer of the website in the Mr. Ajay Kumar and all of which are incorporated here by reference). In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product. Mr. Ajay Kumar does not warrant that Product description or other content of Mr. Ajay Kumar is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3.Platform for Transaction and Communication:
The Mr. Ajay Kumar is a platform that Users utilize to meet and interact with one another for their transactions. Mr. Ajay Kumar is not and cannot be a party to or control in any manner any transaction between the Mr. Ajay Kumar's Users. Henceforward, all commercial/contractual terms are offered by and agreed to between Mr. Ajay Kumar and Users alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.
4. User Conduct and Rules on the Mr. Ajay Kumar:
You agree, undertake and confirm that Your use of Mr. Ajay Kumar shall be strictly governed by the following binding principles:
a) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
b) You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Mr. Ajay Kumar or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Mr. Ajay Kumar or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Mr. Ajay Kumar. We reserve Our right to bar any such activity.
c) You shall not attempt to gain unauthorized access to any portion or feature of the Mr. Ajay Kumar, or any other systems or networks connected to the Mr. Ajay Kumar or to any server, computer, network, or to any of the services offered on or through the Mr. Ajay Kumar, by hacking, password "mining" or any other illegitimate means.
d) You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
e) You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, GST, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
f) From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
g) You shall not engage in advertising to, or solicitation of, other Users of the Mr. Ajay Kumar to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Mr. Ajay Kumar or related to us.
h) The Content posted does not necessarily reflect Mr. Ajay Kumar views. In no event shall Mr. Ajay Kumar assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Mr. Ajay Kumar. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
i) Mr. Ajay Kumar hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Mr. Ajay Kumar Return & Exchange Policy stands by in all cases. In case of return of the purchased item, please refer to the "Return Policy" on our Mr. Ajay Kumar.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a property of Mr. Ajay Kumar and it should not be replicated, duplicated, modified, amended or used without permissions in any manner. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
6. Privacy:
We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected as defined under the Information Technology Act, 2000 and Rules there under. We may share personal information with our other corporate entities and affiliates.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. We have developed this Privacy Policy to protect Your personal/financial information and keep it confidential. By visiting Our Mr. Ajay Kumar, you are accepting and consenting to the practices described in this Privacy Policies. The following Privacy Policy and Cookie Policy outlines the information we may process and how we may use that information to better serve you while using our Mr. Ajay Kumar.
a. Correspondence Information. Following are the various Correspondence Information which You provide when You access/register for Our Service includes:
• Children under the age of 18: Use of the Mr. Ajay Kumar is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Mr. Ajay Kumar. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Mr. Ajay Kumar. Mr. Ajay Kumar and shall not transact on or use the Mr. Ajay Kumar. As a minor if you wish to use or transact on Mr. Ajay Kumar, such use or transaction may be made by your legal guardian or parents on the Mr. Ajay Kumar.
b. Operational Use. We may use your information for suggesting products and promotional offers and schemes. You may update your profiling information at any time on the Mr. Ajay Kumar. You acknowledge and agree such update is for Your interests and for improving personalization and service efficiency of the Mr. Ajay Kumar.
Note: You acknowledge that, we will only disclose your information in an aggregated form which is not capable of being used or interpreted in such a manner as to identify you.
c. Applicable law and procedure. We collect and store your Correspondence Information to: (a) comply with our obligations under law; and (b) monitor your use of our Services in order to ensure your compliance with our Terms of Service.
Note: However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. Any transmission of information by you to our Mr. Ajay Kumar is at your own risk. We recommend that you do not disclose your password to anyone.
d. Cookie Policy. A cookie is a small text file that we place on your mobile device to enable various features of Mr. Ajay Kumar. "Cookies" are used to store user preferences and to track user trends, so as to enhance your interactive experience and generally improve our Services to you. You can change your cookie settings to accept or not accept cookies in your browser settings. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie. If you do accept a "cookie", you thereby agree to our use of any Personal Information collected by us using that Cookie.
e. Third Party. At times, We may tie-up with third parties, brand owners or other partners and make available certain offers, events or special schemes. In such instances, Your personal information may be shared with such third parties and/or may become available to them or be disclosed to them, such third parties may have their own applicable privacy rules and We shall not be liable for the use or misuse of Your information by such third parties.
We only collect your Personal Information to conduct our business and to enable us to deliver and improve our services. We do not for any reason whatsoever sell your Correspondence Information to any third party or otherwise trade on it.
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Mr. Ajay Kumar are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Mr. Ajay Kumar does not warrant that: Mr. Ajay Kumar will be constantly available, or available at all; or The information on Mr. Ajay Kumar is complete, true, accurate or non-misleading. All the Products sold on Mr. Ajay Kumar are governed by different state laws and if we are unable to deliver such Products due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Mr. Ajay Kumar. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
8. Indemnity:
You shall indemnify and hold harmless Mr. Ajay Kumar, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
9. Trademark, Copyright and Restriction:
Mr. Ajay Kumar is controlled and operated by Aqurator Designs Private Limited and products are sold by Aqurator Designs Private Limited . All material on Mr. Ajay Kumar, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Mr. Ajay Kumar is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Mr. Ajay Kumar or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
10.Limitation of Liability:
11. Termination:
a. Mr. Ajay Kumar may suspend or terminate your use of the Mr. Ajay Kumar or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Mr. Ajay Kumar chooses to terminate them.
b. If You or Mr. Ajay Kumar terminates your use of the Mr. Ajay Kumar or any Service, Mr. Ajay Kumar may delete any content or other materials relating to your use of the Service and Mr. Ajay Kumar will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Mr. Ajay Kumar for purposes of tax or regulatory compliance.
c. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever.
d. If Mr. Ajay Kumar unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.
12. Fraudulent/Declined Transactions:
Mr. Ajay Kumar may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Mr. Ajay Kumar reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, Mr. Ajay Kumar reserves 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.
Mr. Ajay Kumar shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
13. Credit Card Details:
User agrees, understands and confirms that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
14. Billing Details:
The price of our merchandise is inclusive of the GST. The GST charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. We reserve the right to collect taxes for shipping charges wherever applicable. For international orders, shipping charges/ courier charges and exchange rates varations will be included in the billing. For international orders, import duties/ taxes will have to be borne by the customer if any.
15. Delivery:
We endeavour but do not guarantee to deliver the products to Users within 3-4 weeks from the time of placing the order depending upon the shipping location. We work with different delivery partners and the delivery time to Users is subject to location worldwide. Other factors include delay in delivery through the courier partner, transporters’ strike etc. We reserve the right to make delivery of the goods by instalments. If the goods are to be delivered in instalments, each delivery will constitute a separate contract. You may not treat the contract (as a whole) as repudiated if we fail to deliver any one or more of the instalments or if you have a claim in respect of any one or more of the instalments. If you fail to take delivery of the goods, we may at our discretion charge you for the additional shipping cost.
Please note we insure each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a third party recipient for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by us of our obligation, and transfer of responsibility in the same way. Kindly note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. We are not responsible for any delays caused by third party delivery agencies and/or due to time required for statutory clearances during the delivery process.
Further, we may at times be unable to deliver the confirmed order(s) to you and the reason for the same could be inclusive of but not limited to the following:
(i) unavailability of the material, printing/embroidery faults that needs to be corrected;
(ii) poor/improper/defective quality of the relevant product ascertained through our quality audit process; and
(iii) inaccuracies or errors in product or pricing information. In the event of any circumstance(s) as aforementioned; you shall not be entitled to any damages or monetary compensation.
In the event we are unable to deliver the confirmed order(s) as mentioned hereinabove and the payment for such order(s) has been made by you through your credit/debit card, the amount paid by you while placing the order(s) on the Site will be reversed back in your card account. No refunds shall be applicable on the orders made by the Users under the Cash on Delivery (“COD”) option. For international orders, import duties/ taxes will have to be borne by the customer if any.
16. Customisation:
17. Jurisdictional Issues/Sale in India Only:
The products on the Mr. Ajay Kumar is presented solely for the purpose of sale worldwide in countries where our shipping is possible by our courier partner. We work with Aramex, DTDC, Fedex and DHL.
18. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore. The place of jurisdiction shall be exclusively in Bangalore.
19. Contacting Us:
At Mr. Ajay Kumar, we are committed towards settling any disputes amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that you wish to contact Mr. Ajay Kumar, You may reach out to customer support at +91-8951888518 or access help center at https://www.Mr. Ajay Kumar.com/contactus.