Website Terms and Conditions of Use

Last updated on October 19, 2016

THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND AURUM CREATION (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND AURUM CREATION FOR THE USE OF THE WEBSITE (DEFINED BELOW).

These Terms and Conditions of Use of the website located at the URL www.aurumcreation.com under the name "Aurum Creation" (the Website) is between Aurum Creations (hereinafter referred to as "Aurum Creations" or "Aurum Creation" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which aurum creation offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

1. General

AURUM CREATIONS is a company registered as sole proprietorship in 2015 under the Delhi Value Added Tax Act,2004 with its registered office at 4492,First Floor, Street Jatan, Pahari Dhiraj, Delhi-110006. Aurum Creation(the Website) is an online marketplace for the buyers who are looking to purchase culinary professionals apparel.

2. Eligibility of Use

2.1 The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from     the Aurum Creation system by Aurum Creation for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Aurum Creation and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.

2.2 Aurum Creation reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

2.3 You shall not have more than one active Account (defined hereunder) on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another person.

3. Communications

3.1 When You use the Website or send emails or other data, information or communication to Aurum Creation, You agree and understand that You are communicating with Aurum Creation through electronic records and You consent to receive communications via electronic records from Aurum Creation periodically and as and when required. Aurum Creation will communicate with you by email or by notices on Website or electronic records on the Website or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

 

4. User Account, Password, and Security

4.1 You may access and use the Website and the Services either as a registered user or as a    guest user. However, not   all sections of the Website and Services will be accessible to guest users.

4.2 Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

4.3 Registered users: Aurum Creation makes certain sections of the Services available to You through the Website only if You have provided Aurum Creation certain required User information and created an account and a Aurum Creation ID through certain log-in ID and password ("Account").

In the event you register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) ensure that you exit from Your Account at the end of each session. Aurum Creation cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You may be held liable for losses incurred by Aurum Creation or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Aurum Creation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Aurum Creation has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).

5. Payments related Information

5.1 Aurum Creation does not charge any fee for browsing the Website or buying the Products on the Website. Aurum Creation may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that you use. Aurum Creation will try to ensure that you are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by you for any such use of the Website / Service. You agree that Aurum Creation may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be your acceptance of such changes, and the applicability of these Terms of Use to such changes.

5.2 You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/debit card or pre-paid instrument account. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of your credit/debit card details or pre-paid instrument account. Aurum Creation expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card or pre-paid instrument account.

5.3 Aurum Creation may have existing arrangements with its banks, regarding limits on the amounts you can pay (if you are a buyer) in the course of a single transaction. Aurum Creation will work towards ensuring that you are made aware of such limits if they may be applicable to you. However, Aurum Creation 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 You/cardholder having exceeded the preset limit mutually agreed by Aurum Creation with its bank from time to time.

5.4 For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Aurum Creation does not control the same and shall be liable for the same.

5.5 Payment Facility for Your orders: Aurum Creation may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers for collection of Aurum Creation fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Aurum Creation shall initiate the remittance of the payments made by Your for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You.

6. Terms

6.1 The Agreement will continue to apply until terminated by either you or Aurum Creation as set forth below. If you want to terminate your agreement with Aurum Creation, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that you use, where Aurum Creation has made this option available to you.

6.2 You agree that Aurum Creation may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Aurum Creation determines that you have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by you of the Agreement(s) will cause irreparable harm to Aurum Creation, for which monetary damages may be inadequate, and you consent to Aurum Creation obtaining any injunctive or equitable relief that Aurum Creation deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Aurum Creation may have at law or in equity.

6.3 In addition to Clause 6.2 above, Aurum Creation may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

  • Aurum Creation is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
  • The provision of the Services to You by Aurum Creation is, in Aurum Creation's opinion, no longer commercially viable;
  • Aurum Creation has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
  • In the event Aurum Creation faces any unexpected technical issues or problems that prevent the Website and / or Services from working.

6.4 Aurum Creation may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

6.5 You agree that all terminations shall be made in Aurum Creation's sole discretion and that Aurum Creation shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.

6.6 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Aurum Creation chooses to terminate them. Aurum Creation may also cancel all your non-fulfilled orders on the Website without any obligation or liability towards you.

7. Feedback and Information

7.1 Any feedback You provide to this Website shall be deemed to be non-confidential. Aurum Creation shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Aurum Creation is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Aurum Creation may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Aurum Creation for the feedback under any circumstances.

7.2 To clarify, Aurum Creation may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Aurum Creation shall not be obliged to do so. Further, in the event that Aurum Creation makes any changes or modifications to the Website, Content and / or Services on the basis of any such feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Aurum Creation, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.

8. Disclaimer Of Warranties & Liability

8.1 THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY AURUM CREATION ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AURUM CREATION MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AURUM CREATION OR THROUGH THE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

8.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AURUM CREATION WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. AURUM CREATION ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.

8.3 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AURUM CREATION WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. AURUM CREATION HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT AURUM CREATION NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. AURUM CREATION SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, AURUM CREATION SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND AURUM CREATION 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. AURUM CREATION IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. AURUM CREATION ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.