This document is an electronic record in terms of the Information Technology Act, 2000 and rules made there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.


This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.asiauvsaa.com website.

 

Your use of the ASIAUVSAA website {including www.asiauvsaa.com (hereinafter collectively referred to as the "Website") and its related sites, services and tools is governed by the terms and conditions as contained in this Agreement applicable to the Website and for other websites of ASIAUVSAA Private Limited and our subsidiaries and international affiliates. This User Agreement for the Website shall come into effect on 00:00 hours, Indian Standard Time 25th April 2018 ("User Agreement"). ASIAUVSAA.com is an internet eCommerce-based portal operated by ASIAUVSAA Private Limited; a company incorporated under Companies Act, 1956 having its registered office at ASIAUVSAA Private Limited, 504 Neelgagan Society, Sitla Devi Temple Road, Old D N Nagar, Andheri West Mumbai 400053. For the purpose of this User Agreement, Registered User / Guest User and wherever the context so requires, '"You", "Your" shall mean any natural or legal person who is accessing the Website, its contents and using the services offered on or through the Website and has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User / Guest User using the digital systems of the Website and accepted this electronic version / electronic record of the User Agreement and has allocated himself/herself a unique identification user name ("User ID" and "Password") to become a Registered User or has been identified as Guest User by providing phone number and email id. Further, reference to "we", "us", "our" and "ASIAUVSAA" shall mean ASIAUVSAA Private Limited (ASIAUVSAA.com) and includes its associates, affiliates and subsidiary (ies).


The use of the Website is offered to you conditioned upon Your 'Acceptance' of all the terms, conditions and notices contained in this User Agreement. Upon "Acceptance", this User Agreement shall be effective and binding upon you along with any amendments made by ASIAUVSAA at its sole discretion and posted on the Website and you shall not claim invalidity of this User Agreement merely claiming this User Agreement is being documented concluded electronically. For the aforesaid purposes, 'Acceptance' shall mean Your affirmative action by in clicking on the 'check box' and on the 'continue' button' as provided on the registration page or clicking on 'Buy Now' button while transacting as a Guest User or any act which reflects Your use of the Website or the services provided by the Website or any such other actions that imply Your acceptance to the present electronic document. You hereby further agree that this User Agreement is being concluded and executed at Mumbai. Your use of the Website implies that you agree with the terms of the User Agreement. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Rules and Policies as displayed on the Website, please do you may choose to not click on the "check box " and/or on the "continue" button and/or "Buy Now" button and not seek to obtain access to or otherwise use the Website.

Amendments:
When you use any of the services provided by us through the Website, including but not limited to Product Reviews, Seller Reviews etc., you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part and parcel of this User Agreement. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the User Agreement, at any time without any prior written notice/intimation to you. It is Your responsibility to review this User Agreement periodically for any updates / changes. Your continued use of the Website following the posting of updates/changes shall mean that you accept and agree to the revisions. If you comply with the provisions of this Agreement, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

By accepting this User Agreement, you also accept and agree to be bound by ASIAUVSAA.com Rules Policies and Policies Rules as provided from time to time in the following hyperlinks:

1. ASIAUVSAA.com Privacy Policy.

1. Membership Eligibility

Use of the Website is available only to persons who can perform 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 Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase or bid for any items on the Website except through Your legal guardian or parents who have registered as users on the Website or can use the Website as a Guest User. ASIAUVSAA.com reserves the right to terminate Your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.

Business entity registration: If you are registering as a business entity, you represent that you are duly authorized to accept this User Agreement and you have the authority to bind Your business/legal entity to this User Agreement.

Guest User:

If you are transacting as a Guest User, there could be certain additional restrictions on you as a Guest User for Your purchase and the other functionality of the Website available to you. As a Guest User, Buyer will not be eligible for any benefits that are not assignable to a non-registered user.

2. Your Account and Registration Obligations

If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of Your User ID and Password. If you use the Website as a Guest User, you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network.

You are responsible for all activities that occur under Your User ID and Password (if registered) or email ID and phone number (if Guest User) as the case may be. Also, as a Guest User, you shall ensure the physical security and possession of Your device, the details of which are used to transact services with ASIAUVSAA.com. You agree, inter alia, to:

  • Provide true, accurate, current and complete information about yourself as prompted by ASIAUVSAA.com's registration form or provided by You as a Guest User (such information being the "Registration Data")

  • You must include any of Your contact details such as email addresses etc. in Your User ID while registering as a Registered User; and

  • Maintain and promptly update the Registration Data to keep it true, accurate, current and complete always;

  • You must immediately notify us of any unauthorized use of Your password or account or any other breach of security, and

  • Ensure that You exit from Your account at the end of each session.

If You provide any information that is untrue, inaccurate, not current or incomplete, or ASIAUVSAA.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement. ASIAUVSAA.com has the right to indefinitely suspend or terminate or block access of Your membership with the Website and refuse to provide You with access to the Website. ASIAUVSAA.com shall not be liable for any loss or damage arising from Your failure to comply with this Clause 2

3. Electronic Execution and Communications

When You use the Website or send emails or other data, information or communication to ASIAUVSAA.com, You agree and understand that You are communicating with ASIAUVSAA.com through electronic records. You consent to receive communications from us electronically. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Website and/or your order placed on the Website. We will communicate with You by email or by posting notices on the Website or through any other ASIAUVSAA services. You agree that all the agreements, notices, disclosures and other communications that we provide to You electronically shall be deemed to be an adequate service of notice/electronic record and satisfy any legal requirement that such communications be in writing.

4. Fees and Services

Membership on the Website is free. Being an Intermediary under the Information Technology Act, ASIAUVSAA.com does not charge any fee for browsing and buying on the Website.

  • Taxes: You are responsible for paying any applicable taxes, charges, cesses etc. levied thereon in accordance with the Law or Government Regulations for the time being in force.

5. Privacy

We do not sell or rent Your personal information to third parties for their marketing purposes without Your explicit consent, we only use Your information as described in the Privacy Policy. We view protection of user’s privacy as a very important community principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information on computers located in the Singapore through A2Hosting (India) Private Limited some of the best data centres in the world that are protected by physical as well as reasonable technological security measures and procedures in accordance with the Information Technology Act 2000 and rules there under. Our current Privacy Policy is available at ASIAUVSAA.com. If You object to Your Information being transferred or used in this way, please do not use the Website.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to You as a result of such sharing of information, unless You explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required by us to provide You with the access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose Your personal information to third parties for their marketing and advertising purposes without Your explicit consent.

We may disclose personal information if required to do so under the law or in 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 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 some or all of Your personal information with another business entity we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of the business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to Your personal information.

Your Consent: By using the Site and/ or by providing Your Information, you consent to the collection and use of the information You disclose on the Site by ASIAUVSAA.com in accordance with ASIAUVSAA.com Privacy Policy. You agree and acknowledge that You have read and fully understood the Privacy Policy and the terms and contents of such Privacy Policy as mentioned in the Website is acceptable by You.

6. Breach

Without limiting other remedies, ASIAUVSAA.com may limit Your activity, immediately remove Your information or end Your listing, warn other Users of Your actions, temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with the access to the Website in the event, but not limited to:

  • If You breach the User Agreement or Privacy Policy or the documents, agreements rules, policies, terms and conditions as incorporated herein by reference;

  • If ASIAUVSAA.com is unable to verify or authenticate any information provided by You; or

  • If it is believed that Your actions may cause legal liability for other Users or ASIAUVSAA.com. We may at any time at our sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with ASIAUVSAA.com or use the Website in any manner whatsoever until such time that such User is reinstated by ASIAUVSAA.com. Notwithstanding the foregoing, if You breach the User Agreement or any other documents it incorporates by reference, ASIAUVSAA.com reserves the right to recover any amounts due and owing by You to ASIAUVSAA.com and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

7. Buying

All purchases on the Website are a firm commitment to purchase. If You are the purchaser for any item, you are obligated to complete the transaction with the ASIAUVSAA.

By purchasing on an item, you agree to be bound by the conditions of sale included in the item's description (or linked to from the description) so long as those conditions of sale are not in violation of the User Agreement or are unlawful. In case of consumer goods, the ASIAUVSAA on the Website may or may not specify the retail prices of the items being sold. You are advised to independently verify the retail prices of such items if You so desire.

ASIAUVSAA.com strongly advises You not to test the Website with false purchases, as it will put You at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Wilfully entering erroneous or fictitious bids may result in prosecution by ASIAUVSAA.com.

Please note that in the event any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You. If You are a registered Buyer on the Website, we encourage You to post feedback for the Seller after the transaction is closed.

In case of purchase of an Artwork which is marked as "non-exportable" on the Website or it is illegal to export the same, You agree that the Artwork shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.

8. Buyer Protection at ASIAUVSAA.com

ASIAUVSAA does not permit the merchants to sell duplicate, spurious, knock-offs or grey channel items. ASIAUVSAA guarantees to sell only genuine products to customers through ASIAUVSAA.com. We also encourage the merchants to extend all the warranties, guarantees as entailed in the product by the Merchant/Seller to You, all this at a great price and with the best customer services in the industry. It is however clarified that the ASIAUVSAA seeks to ensure the aforesaid only on a best endeavor basis and does not assure or provide any personal warranties or assumes and liability or responsibility pertaining to the genuinely and authenticity of the products for which the manufacturer shall be solely responsible and liable.

If ASIAUVSAA.com gains suspicion or knowledge, that any of its members are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then ASIAUVSAA.com may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the user id of Registered User and such necessary action against the Guest User of such member and/or disqualify that member and any related members from availing protection through this program.

ASIAUVSAA.com reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claim or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, ASIAUVSAA.com may at its sole discretion suspend, block, restrict, cancel the User ID [and its related user ids] of such user and/or disqualify that member and any related members from availing protection through this program.

Any person who, knowingly and with an intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent under the law.

9. Payments

While availing any of the payment method/s available on the Website, ASIAUVSAA will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to The Buyers due to:

  • Lack of authorization for any transaction/s, or

  • Exceeding the pre-set limit mutually agreed by The Buyers and between "Bank/s", or

  • Any payment issues arising out of the transaction, or

  • Decline of transaction for any other reason/s

All payments made against the purchases/services on Website by the Buyers shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering Buyer’s order to the Buyers, ASIAUVSAA may request the Buyers to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by the Buyers for Buyer’s purchase. This is done in the interest of providing a safe online shopping environment to ASIAUVSAA’s Buyers.

Further:

a)     Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bi partite contractual obligations between Buyer and ASIAUVSAA and payment facility is merely used by the Buyer and ASIAUVSAA to facilitate the completion of the Transaction.

b)     The Buyers have specifically authorized ASIAUVSAA or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Buyers in respect of transactions through Payment Facility. Buyer’s relationship with ASIAUVSAA is on a principal to principal basis.

c)      The Buyers understand, accept and agree that the payment facility provided by ASIAUVSAA is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the ASIAUVSAA Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, ASIAUVSAA is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.


Payment Facility for Buyers:

o    The Buyers understand that upon initiating a Transaction the Buyers are entering into a legally binding and enforceable contract with ASIAUVSAA to purchase the products using the Payment Facility, and The Buyers shall pay the Transaction Price through Buyer’s Issuing Bank to ASIAUVSAA using Payment Facility.

o    The Buyers may agree with ASIAUVSAA through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

o    The Buyers shall electronically notify Payment Facility using the appropriate ASIAUVSAA Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non-notification by The Buyers of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.

o    The Buyers shall be entitled to claim a refund of the Transaction Price (as Buyer’s sole and exclusive remedy) in case The Buyers do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case the Buyers do not raise a refund, claim using Website features within the stipulated time than this would make The Buyers are ineligible for a refund.

o    The Buyers understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence The Buyers may not be entitled to a refund in respect of the Transactions for those products and /or services.

o    Except for Cash on Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

o    For Cash on Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)

o    Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

o    For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

o    Refund shall be conditional and shall be with recourse available to ASIAUVSAA in case of any misuse by Buyer.

o    Refund shall be subject to Buyer complying with Policies.

 

d)     ASIAUVSAA reserves the right to impose limits on the number of Transactions or Transaction Price which ASIAUVSAA may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by RBI to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

e)     ASIAUVSAA reserves the right to refuse process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with ASIAUVSAA or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

f)       ASIAUVSAA may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash on Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of ASIAUVSAA. As a result of such check if ASIAUVSAA is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

g)     ASIAUVSAA may delay notifying the payment confirmation i.e. delay to Dispatch, if ASIAUVSAA deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, ASIAUVSAA may hold Transaction Price and ASIAUVSAA may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

h)     The Buyer and Seller acknowledge that ASIAUVSAA will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of ASIAUVSAA.

Compliance with Laws:

  • Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and ASIAUVSAA Website.

Buyer's arrangement with Issuing Bank:

  • All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

  • All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Buyers. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

10. Feedback

We encourage Registered Buyers on the Website to provide feedback after the transaction has been closed, this helps other Users to know the performance level of the said product. Please remember that You cannot retract the feedback once You have provided it. Further You agree that the feedback You provide to the Website shall be deemed to be non- confidential and will be displayed along with Your user ID. ASIAUVSAA.com will not be responsible for the feedback that You post on the Website and You should be careful in making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents, for which You shall alone be liable.

You may not take any actions that may undermine the integrity of the feedback system. If You continue to receive negative feedback ratings, ASIAUVSAA.com reserves the right to suspend Your membership, and You will be unable to buy or bid on the Website. You agree that Your feedback shall not contain confidential or proprietary information of You or of third parties.

Export - As feedback ratings are not designed for any purpose other than for facilitating trading between the Users, you agree that You shall not market or export Your Website feedback rating in any venue other than on the Website.

Import - We do not provide the technical ability to allow You to import feedback from other websites to ASIAUVSAA.com because a composite number, without the corresponding feedback does not reflect Your true online reputation within our community.

11. No Warranty

THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD-PARTY CONTENT ARE PROVIDED BY ASIAUVSAA.COM 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, ASIAUVSAA.COM 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 ASIAUVSAA.COM OR THROUGH THE WEBSITE / CONTENT OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

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

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ASIAUVSAA.COM 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. ASIAUVSAA.COM HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT ASIAUVSAA.COM NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. ASIAUVSAA.COM 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, ASIAUVSAA.COM 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 ASIAUVSAA.COM '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. ASIAUVSAA.COM IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. ASIAUVSAA.COM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

12. Limitation of Liability

In no event shall ASIAUVSAA.com or its suppliers, affiliates, service providers and their respective officers, directors, employees, partner be liable for any direct, indirect, incidental, special, incidental, consequential , exemplary or punitive damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses or based on any theory of liability including breach of contract or warranty, negligence or other tortuous action or any other claim arising out of or in connection with Your use of or access to the Website, its services ,content or this agreement (however arising, including negligence).

ASIAUVSAA ASIAUVSAA.com's entire and aggregate liability in any circumstance including these terms and conditions shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by You to ASIAUVSAA.com under the relevant order to which the cause of action for the liability related.

ASIAUVSAA.com, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted. Consequently, ASIAUVSAA.com assumes no liability whatsoever for any monetary or other damage suffered by You on account of:

  • Delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website;

  • Any interruption or errors in the operation of the Website.

13. Indemnity

You agree to indemnify and hold harmless ASIAUVSAA.com and (as applicable) ASIAUVSAA.com's parent, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any losses, liabilities, damages, costs and expenses, claims or demand, or actions including reasonable attorneys' fees asserted against or incurred by ASIAUVSAA.com, made by any third party arising out of Your breach or non-performance of terms of the User Agreement, ASIAUVSAA.com Rules and Policies, or the documents they incorporate by reference, or Your violation of any law, rules or regulations or the rights of a third party.

 

ASIAUVSAA may notify You of any claims which You shall be liable to indemnify ASIAUVSAA.com against. You will then be required to consult with ASIAUVSAA.com regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of ASIAUVSAA.com without the express prior written consent of ASIAUVSAA.com which can be withheld or denied or conditioned by ASIAUVSAA.com in its sole discretion.

14. General

  • None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and ASIAUVSAA.com and You shall have no authority to bind ASIAUVSAA.com in any manner whatsoever.

  • Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail on behalf of ASIAUVSAA.com to ASIAUVSAA Private Limited Attn: Legal Department, at ASIAUVSAA corporate office situated at 504 Neelgagan Society, Sitla Devi Temple Road, Old D N Nagar, Andheri West, Mumbai 400053, Maharashtra, India, (in the case of ASIAUVSAA.com) or to the email address You provide to us during the registration process (in Your case). Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

  • Sever-ability: If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed sever-able and shall not affect the validity and enforce-ability of the remaining clauses of the User Agreement.

  • Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and ASIAUVSAA.com with respect to the subject matter hereof.

  • Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted here-under to any third party. ASIAUVSAA.com may transfer its rights and obligations (also known as "assign") under this Agreement without Your prior express consent, provided that ASIAUVSAA.com assigns the Agreement on the same terms or terms that are no less advantageous to You.

  • Dispute Resolutions: Generally, transactions are conducted smoothly on ASIAUVSAA.com. However, there may be some cases where user may face issues. At ASIAUVSAA.com, we have a Dispute Resolution process to resolve disputes between users and ASIAUVSAA.


A 'Dispute' can be defined as a disagreement between parties in connection with a transaction on the Website. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.


It is important that before You raises a dispute, there should attempt to resolve the issue amicably between each other.

How is a 'dispute' resolved?

Whenever there is a disagreement relating to any transaction, the users can write to info@ASIAUVSAA.com in order to raise a dispute. Once a dispute is raised by user, ASIAUVSAA.com shall try to mediate and the resolve the matter amicably.

 

  • Grievance Officer In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer is published herewith:

 

Grievance Officer

ASIAUVSAA Private Limited

504 Neelgagan Society, Sitla Devi Temple Road,

Old D N Nagar, Andheri West, Mumbai 400053,

Maharashtra, India

CIN No. – U74999MH2018PTC308543

 E-mail ID - info@ASIAUVSAA.com

Phone No. - +919969695278

15. Arbitration

If any dispute arises between You and ASIAUVSAA.com during Your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by ASIAUVSAA.com. The place of arbitration shall be Mumbai, India. The arbitration proceedings shall be in the English Language and shall be governed by Arbitration & Conciliation Act, 1996.

16. Governing Law

The User Agreement or the documents they incorporate by reference shall be governed and construed in accordance with the laws of India. Subject to Clause 19 above, all disputes arising under this Agreement between You and ASIAUVSAA.com shall be subject to the exclusive jurisdiction of courts at Mumbai, India.