Terms of service

It is strongly recommended that you read and understand these ‘Terms of Use’ carefully, as by accessing ‘www.athachi.com’ (hereinafter the “Site”), which is the e-commerce website of Athachi Sons Private Limited (hereinafter the “Company”),  you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). If you do not agree with this User Agreement, you should not use or access the site for any purpose whatsoever.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the site, each time you access and/or use the site.

The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the site at any point in time.

Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at info@athachi.com 

 

 

Services Overview

The site is a platform for domestic consumers to transact directly with Athachi Sons Pvt Ltd which is the trading arm of Athachi Group Companies and buy Athachi products directly from through the portal. All warranties and liabilities associated with any products offered on the site will be responsibility of Athachi Sons Pvt Ltd

Services on the site are available to all geographies in India. Transactions through the site may be subject to a delivery charge. You will be informed of such delivery charges at the stage of check-out for a transaction through the site.

Eligibility

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/access the site.

However, if you are a minor, i.e. under the age of 18 years, you may use/access the site under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

The site is intended to be a platform for end-consumers desirous of purchasing product(s) for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business user, you are requested to contact the company directly for buying the products.

The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the site, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.

In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/predetermined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.

License & Access

The Company grants you a limited sub-license to access and make personal use of the site, but not to download (other than page caching) or modify it, or any portion of it, except with express prior written consent of the Company. Such limited sublicense does not include/permit any resale or commercial use of the site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the site or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The site or any portion of the site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the site or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the site, or any other systems or networks connected to the site or to any server, computer, network, or to any of the services offered on or through the site, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information

  1. belongs to another person and to which you do not have any right;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or another proprietary/intellectual property rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
  7. impersonates another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
  10. is misleading or known to be false in any way.

Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.

Account & Registration Obligations

All users may need to register and log in for placing orders on the site. You must keep your account and registration details current and correct for all communications related to your purchases from the site. By agreeing to the Terms of Use, the user agrees to receive promotional or transactional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by or by contacting the customer services team of site and placing a request for the same.

As part of the registration process on the site, the Company may collect the following personally identifiable information about you, including but not limited to Name, email address, age, address mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company (https://athachi.com/privacy), which is incorporated in these Terms of Use by reference.

Pricing

The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.

Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the site will be sold at a price higher than its MRP (Maximum Retail Price).

Order Limit and Minimum Order Value

  • Customers are eligible to place 4 live orders.
  • A customer cannot place his 5th order if his 4 orders are still live.
  • Live order refers to all those orders which are not delivered.
  • Internal orders are also counted as an order.
  • There is no minimum order value to place an order with the site. Every store has its own delivery charges, which are waived off if you order above a specified minimum amount from the store. The minimum charges and the delivery charges are mentioned on the app and web at the checkout page.
  • TnCs apply.

Coupons and Promo Codes

Please note:

From time to time, the Company may, at its discretion, offer a user promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the site. Unless specifically stated on the code or coupon, a promotional code or coupon shall:

  1. Expire at 12:00 AM (inclusive of the issuance date) from the date of issuance endorsed thereon;

At the time of using promotional codes and coupons for a purchase on the site, the payment mode “cash on delivery” shall not be available for making payments towards the order. 

Disclaimers

  • You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgement before entering any transactions. The Company make best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.

Reviews, Feedback, Submissions

  • All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the site or otherwise disclosed, submitted or offered in connection with use of the site (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
  • The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the sitewill not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the sitewill be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the site. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
  • Further, any reliance placed on Comments available on the site from a third party shall be at your sole risk and expense.

Copyright & Trademark

  • The Company expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the site. Access to or use of the site does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company’s intellectual property rights. All rights, including copyright, in and to the site are owned by or licensed to the Company. Any use of the site or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company.
  • You may not modify, distribute or re-post anything on the site for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, or its partners. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the site. Access to or use of the site does not authorize anyone to use any name, logo or mark in any manner. References on the site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.

Objectionable Material

  • You understand that by using the site or any services provided on the site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the site and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

  • You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon a breach of any warranty, representation or undertaking in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights). This clause shall survive the expiry or termination of this User Agreement.

Limitation of Liability

  • The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
  • It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

 

 

Termination

  • This User Agreement is effective unless and until terminated, either by you or by the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the site. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the site.
  • The Company’s right to any comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the site or affect any liability that may have arisen under the User Agreement prior to the date of termination.

Governing & Jurisdiction

  • The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
  • Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such an arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Palakkad Kerala and the language of the arbitration shall be English.
  • Subject to the aforesaid, the Courts at Palakkad shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

Report Intellectual Property Rights Infringement

 

  • Athachi sons Private Limited and its affiliates respect the intellectual property(ies) of other entities. If you believe that your intellectual property rights have been violated/used in any manner which results in infringement, then please inform us at kk@athachisons.com.
  • We will evaluate the contents of your notice and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to you for additional details. It may be noted that reporting inaccurate, false, or misleading information to the company may result in civil and/or criminal liability. 
  • You agree to indemnify the company for all claims brought by a third party(ies) against the company arising out of or in connection with the submission of your email at kk@athachisons.com

 

Grievance Policy

  • In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the site, including those pertaining to breach of the Terms of Use or any other policies are published as under.

Kalyanakrishnan N H

Athachi Sons Private Limited

17/453, Tharuvakode

Piriyari PO, Kallekad

Palakkad 678006

Kerala, India

Ph: 7994449362

Email: kk@athachisons.com

 

Communication with Company

  • If you wish to correct or update any information you have provided, you may do so online, on the website itself. Alternatively, you may contact the Company to correct or update such information by sending an email to: info@athachi.com.
  • In the event of loss of access to the website, you may contact the Company by sending an email to: info@athachi.com