Term Conditions Page

Legal Information

       ·         Conditions of Use of Website and Application:

The Platform ‘Aelea Market’ is operated by Aelea  Commodities Private Limited (“Aelea”), a Company incorporated under the Companies Act, 2013 and having it’s registered office at Flat No 18, Kishor Kunj Coop HSG SOC, 14/100 Shivdas Chapsi Marg, Mumbai 400010.

Aelea provides access to the www.aeleamarket.com website (the "website") and our “Aelea Market” application for mobile and handheld devices (the “App”) to the user of website and Application subject to the conditions set out on this page. Please read these conditions carefully before using the Aelea website and App. By using the Aelea website and App, you signify your agreement to be bound by these conditions. In case you do not agree to these Conditions of use, you may not use the Website. In addition, when you use any current or future Aelea service (eg. Book an appointment/ book a service) ("Aelea Service"), you will also be subject to the terms, guidelines and conditions applicable to those Aelea Services ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.

 Wherever the word “website” is mentioned, the same shall deemed to mean and include the “Application/App” and may be used interchangeably hereafter. The terms “website” and “Application” is collectively referred to as “Aelea”.

The term “you” referred hereinafter shall refer to any natural person or legal entity and shall deemed to mean and include User of this website and Application and shall include the “end user” of the services offered by Aelea.

These "Conditions of Use" constitute an electronic record within the meaning of the applicable laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

       1.     Acknowledgement and Unconditional Acceptance:

 

You hereby agree, acknowledge and accept unconditionally these Conditions of Use of Website and Application.

 

       2.     Use of Platform services of Aelea:

Aelea Market is an online service platform that enables transactions between the End User (“Buyer”) and Aelea to purchase products on website as per the specifications, pricing, offers, discounts, etc., listed by Aelea. Aelea offers a platform to the End Users to purchase the products offered by Aelea at a given point of time, at a particular price and for a specific location. Aelea further facilities payment and delivery of the products through its third party payment gateways, delivery companies, partners etc.

       3.     Limitation of Liability:

You agree, understand and acknowledge that by availing any services through Aelea, you i.e., the End User/s is/ are entering into a bipartite contract between you and Aelea on the website. Aelea is not responsible for any breach of contract, non-performance, defect in services, damage incidental to the services provided on our website, loss and sabotage caused to the end user, unless such incident was caused due to negligence or omission on part of Aelea. 

Aelea strives to provide it’s users the best in class services offered across the platform, however, the website shall not be liable in manner for any incorrect/ inaccurate information, data, contents, signs, logos, offers, discounts etc., made available on the website.

       4.     User’s Account:

If you use the website, maintaining the confidentiality of your account and password and restricting access to your computer to prevent unauthorised access/use of your account shall be your own sole responsibility. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary and precautionary steps to ensure that the password is kept confidential and in a secure manner. Please ensure that the details provided by you with us are correct and complete/accurate and notifying us of any subsequent changes to the details provided by you shall be your own responsibility. You can access and update as much of the information provided by you with us in the ‘User’s Account’ area of the website. You agree and acknowledge that you will use your account on the website to avail services offered by Aelea only for your personal use and not for business or commercial purposes. Should you wish to avail services for business purposes or commercial use, please create a merchant’s account as per the option provided on the website. Aelea reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without prior notice to you.

       5.     Privacy Policy:

We suggest to review our Privacy Policy, which also governs your visit to www.aeleamarket.com, to understand our practices. The personal information / data provided to us by you during the course of visit and usage of our website will be treated as strictly confidential and in accordance with the Privacy Policies and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.

       6.     Modifications:

 

These Conditions of Use are subject to modifications at any time, without prior notice. Aelea reserves rights to carry out such modifications from time to time. It shall be the sole responsibility of the user/s to update themselves with such modifications to the conditions of use.

 

       7.     Copyrights:

 

All contents of the website including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Aelea, it’s Affiliates and it’s content suppliers and the same is protected under intellectual property rights and the applicable laws of India. Any duplication, reutilization, reuse, cloning of contents of this website or any part thereof without prior written consent of Aelea and it’s affiliates shall lead to infringement of intellectual property rights and the same may attract cause of action against such user of the content in accordance with the applicable laws of India.

 

       8.     Online Platform of communication:

You agree, understand and acknowledge that the website/App is an online platform that enables you to purchase/avail services listed on the website as per the specifications mentioned therein at a particular price indicated therein at any point of time and for any location. Accordingly, the contract of services availed by you or the end user on the website/App shall be a strictly bipartite contract between you and Aelea.  Aelea shall not be responsible for any loss, damage, and defect in services faced by the end user, unless the same is caused by negligence or omission on part of Aelea. 

      9.     Access to Website and Application:

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted on account of repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

      10.  Licence for website access:

Subject to your compliance with these Conditions of Use, Aelea grants you a personal, non-exclusive, non-transferrable and limited licence to access and make personal use of this website. However, the same shall not construe any license to download (other than page caching) or modify any content, or any portion thereof, except with express written consent of Aelea. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product/ services listings, descriptions, prices, offers and discounts; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another similar platforms or competitor; or any use of data mining, robots, or similar data gathering and extraction tools. Aelea reserves it’s rights in respect of the contents made available on the website from time to time.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Aelea.

You may not be permitted to frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, graphics, logos, videos, text, page layout, or form) of Aelea without express written consent of Aelea. You may not be permitted to use any Meta tags or any other "hidden text" for utilising contents of Aelea or its affiliates' names or trademarks without the express written consent of Aelea and / or its affiliates, as may be applicable. Any unauthorised use terminates the permission or license granted by Aelea to access and use the website. Any use of logos, proprietary graphic and materials subject to intellectual property Rights and applicable laws is strictly not permissible.

 

      11.  Use of Website:

 

You hereby agree, acknowledge and consent that you must not use the Website or any content therein for any unlawful, fraudulent activities or activities which may constitute to criminal offenses under the applicable laws and you must not indulge, promote or cause to use of any content of the website which may give rise to moral turpitude. You further agree, acknowledge and consent that the contents of the Website are strictly for personal use and the same shall not utilized for any purposes, which may be misleading, false, deceptive, fraudulent.

 

      12.  Reviews, comments, communications and other content:

Users of this website are permitted to post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Aelea reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Aelea, violates these Conditions of Use and, or terminate your permission to access or use this website.

      13.   Disclaimer:

 

a.     You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and with complete knowledge and understanding of the nature of the transaction at the time of availing such service. Aelea shall neither mediate nor attempt to resolve any claims, disputes or disagreements between the you/ end user and the payment intermediary.

 

b.     Aelea expressly disclaims liabilities that may arise out of any unauthorized use of Credit/ Debit Cards.

 

c.     Aelea may engage or have alliances with Third Parties in order to facilitate provisions of services to the users from time to time. However, such alliances does not construe any liabilities, warranties and representations made by Aelea on behalf of Third Parties.

 

·         Terms and conditions of use of Services:

 

1.     “Service” shall mean and include only services offered on the website as well as Application by Aelea for the purpose of reservation of reserving and/or purchasing listed products through the website and application, calendar entries and confirmation of the reservations and/or purchase.

 

2.     Aelea facilitates the business transactions through its online portal in a highly prolific manner. (The term “User” basically includes both the buyer (consumer/customer).

 

3.     The buyer hereby authorises Aelea to use the personal information like name, address, requirement details, contact details, product/ service information and to store such information of the buyer in Aelea’ computer/tele-communication system and the aforesaid details shall be shared only and only with the User’s explicit consent.

 

4.     The User shall pay the service or labour cost, visit or transportation cost (if applicable), convenience cost (if applicable) and any fee or levy presently payable or hereinafter imposed by the law or required to be paid for availing of the services of another User.

 

5.     The User shall also be responsible for applicable taxes including but not limited to VAT/CST, service tax, GST, duties, etc.

 

6.     Aelea does guarantee, warrant or assure any quality or performance by such service providers engaged at the request of the buyer to a limited extent. Additionally, Aelea has complete control over the information transferred to the service providers by the Customers and vice versa with respect to the chat feature available on Aelea’ online portal which the Users are obligated to use while conducting any business transaction. However, any misconduct on the part of the User shall lead to violations of this Agreement and stricter actions shall be implemented as per Aelea’ policy.

 

7.     Aelea has further performed surveillance or background check of its Users by enhancing certain information from them. The buyer/ customer shall not hold Aelea responsible for any lapses, wrongdoing or crime of any servicemen, professionals, staff, stylists, managerial personnel etc., of any delivery company or payment gateway etc. even though Aelea assures timely services or other essential services to its Users.

 

8.     The User shall ensure that he/she will not indulge in any of the following activities:

·         Engage in any violations of government rules for any purpose;

·         Misuse the service or the software for unlawful purpose or for causing nuisance, annoyance or inconvenience;

·         Sharing of confidential information or

·         Any such activity which is strictly prohibited on our online portal;

 

9.     Without prejudice to the above, Aelea makes no representation or warranty that:

·         The Services will meet the User’s requirements

·         The Services will be uninterrupted, timely, secure or error-free

 

10.  Aelea shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of service offered by Aelea or any party, or due to the failure of Aelea to provide services to the User for any reason whatsoever including but not limited to the User's non-compliance with the services' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Aelea or any person or any organization involved in the above mentioned systems.

 

11.  Aelea will not be liable for any damages of any kind arising from the use of the service offered by Aelea or any third party, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

 

12.  The User shall indemnify Aelea from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Aelea may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the services by the User and shall pay such sums on demand on Aelea. Nevertheless, Aelea supports the aggrieved User against any legal implications conducted during business transactions with their legal expert team.

 

13.  The User shall indemnify Aelea from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Aelea may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the services by the User and shall pay such sums on demand on Aelea.

 

14.  Aelea is hereby authorized to use the location based information provided by any of the telecommunication companies when the User uses the mobile phone to make a service booking. The location based information will be used only to facilitate and improve the Service for the User.

 

15.  Aelea shall be entitled at any time without giving any reason to terminate the booking of service reserved by the User. In that case, the User must take utmost precautions to not indulge in any misbehaviour on conducting business on our online portal.

 

16.  If the User suspects any wrongdoing (legal or illegal) or has any complaint in respect of the services or the use on our online portal, the User may inform Aelea in writing of the problem, be it any company/entity offering such defrauded services, with immediate effect so that reasonable steps can be taken by Aelea from its end.

 

17.  Aelea shall be entitled to add, to vary or amend any or all these terms and conditions at any time and the User shall be bound by such addition, variation or amendment once such addition, variation or amendment are incorporated into these terms and conditions at the Website at www.aeleamarket.com on the date that Aelea may indicate that such addition, variation or amendment is to come into effect.

 

18.  All the calls made to Aelea customer care number may be recorded by Aelea for quality and training purposes.

 

 

19.  Any reviews, comments, communications and other conduct by the User, if found malafide then Aelea at its sole discretion shall terminate the access to its services and website towards such a User and stricter actions shall be taken against them. Accordingly, Aelea shall send a notice against such objectionable content.

 

20.  With respect to providing Pre-Paid services:

 

(a)   Aelea also facilitates Pre-Paid services to its Users which are undertaken by Aelea through secured payment gateways. Aelea has made all the endeavours to ensure safety standards and secure the online mode of payment of the Users. Aelea is not liable for any claims, actions against any fraudulent transactions faced by the Users.

 

(b)  Aelea do not ask to share neither encourages it’s staff to share your secure PIN or OTP. Users are hereby made aware to maintain complete confidentiality of their bank transaction details. 

 

·          Refund and Cancellation:

 

1.     Except as expressly permitted under this Agreement, no refunds for any cancellations would be given.

 

2.     The User(s) shall not be able to terminate the services, once availed and in such a case the payment shall not be refundable to the User.

 

3.     If the user/ customer places an order but due to some reason (unexpected lack of harmonization or any other reason) Aelea is not able to provide such service, the request will be cancelled and the amount will be refunded without any interest and any further obligations and liability on Aelea.

 

4.     If Aelea fails to provide the asked service within the specified deadline, the request will be cancelled and the amount will be refunded to the User without any interest and any further obligations and liability on Aelea. Except where the delay is caused by third parties including delivery partners etc.

 

5.     In the event that a service is listed at an incorrect price or with incorrect information due to an error in pricing or product information or any other information, Aelea may, at its discretion, either contact the User for instructions or cancel the order and notify User of such cancellation. In such cases Aelea will refund the charged amount to the User (only for which the payment is already received) without any interest and any further obligations and liability on Aelea.

 

6.     In case the payment mode of the refunded order is Online (Credit Card/Net Banking) the amount may be refunded to the User Card Account or Bank Account.

 

7.     In an event when the payment is made with the Website, and the payment could not be reached to Aelea or otherwise is a failed transaction, but such amount is received by Aelea, in such a case the amount paid by the User will be refunded by Aelea to the User without any interest and any further obligations and liability on Aelea.

 

8.     The User agrees and accepts that refund of payment is at the sole discretion of Aelea and can take time and Aelea makes no representations and warranties in relation to refund of payments and the time within which the amounts will be refunded.

 

·         Termination:

Aelea reserves the right to terminate access to certain areas or features of the Website at any time for any reason, with or without notice. Aelea also reserves the universal right to deny access to particular Users to any/all of its Services without any prior notice/explanation in order to protect the interests of Aelea and/or other visitors/Users to the Website. Aelea reserves the right to limit, deny or create different access to the Website and its features with respect to different User(s), or to change any of the features or introduce new features without prior notice.

·          Indemnification:

 

1.     User shall agree to indemnify and hold Aelea and its affiliates, their respective partners, directors, agents and employees harmless from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connected therewith and interest chargeable thereon) asserted against or incurred by Aelea, that may arise out of, result from, or may be payable, by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the member pursuant to this Agreement and/ or the Terms.

 

2.     Nevertheless, Aelea shall support its User with any liability that arises during the online business transactions by implementing its policy of forfeiture of the services of the defaulting party and assure adequate compensation from the defaulting party.

 

·         Severability:

 

Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.

 

·         Applicable Laws (Choice of Venue and Forum)

If there is any dispute arising out of this Agreement or the use of the Website, by using the Website, User expressly agrees that any such dispute shall be governed by the laws of India without regard to its conflict of law provisions, and expressly agrees and consents to the exclusive jurisdiction and venue of High Courts at Mumbai, for the resolution of any such dispute.

 

·         Disputes Resolution:

 

At the sole option of Aelea, any claim, dispute or controversy arising out of, relating to or concerning in any way the Agreement or use of the Website shall be resolved by binding arbitration administered by a sole Arbitrator under the Arbitration and Conciliation Act, 1996 under its commercial arbitration rules. The decisions of the arbitrator shall be binding and conclusive upon all parties involved, and judgment upon any arbitration award may be entered by any court having competent jurisdiction. Each party shall bear its own costs, fees, and expenses associated with any arbitration, except that the parties agree to split equally the costs and expenses of the arbitrator. Further, Users will not have the right to participate in any sessions of claimants pertaining to any claim subject to arbitration except the aggrieved User.

 

·         Force Majeure:

 

Aelea shall not be liable to the other for any failure to perform any obligation under this Agreement which is due to an event beyond the control of Aelea including but not limited to any Act of God, COVID-19, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of our control, epidemic or pandemic which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

 

·         Waiver:

 

Failure of either party to insist upon strict performance of any provision of this or any Agreement or the failure of either party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties along with Aelea, if required.

 

·         Disclaimer:

 

1.     The information contained in this Website is for general information purposes only. The information is provided by Aelea and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website or the information, products, services, or related services/information of services contained on the Website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

 

2.     In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arise out of, or in connection with, the use of this Website.

 

3.     Through this Website you are able to link to other Websites which are not under the control of Aelea. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

 

·         Communication:

 

For any further communication, clarifications and queries, you may reach out to us at:

 

Contact us: Aelea Commodities PVt Ltd

Ahfaja House, Office No 9 2nd floor, 22 Rustom Shidwa Marg Fort

                        Email: marketing@aeleacommodities.com

                       

 

Aelea

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