Terms Of Use
This is a legal agreement between you, the potential user (“You”) and "Aradhya Kedia Distribution House Pvt. Ltd.", India, its subsidiaries and its affiliates.
These Terms of Use (“Terms”) governs the access or use by You, of the applications, websites, contents, products and services
(“the Services”), being made available by "Aradhya Kedia Distribution House Pvt. Ltd.". PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR
SERIVCES. Your access or use of Radhe Shyam Designer's products, services, website located at URL: https://www.akdhpl.com/
(“Site”), mobile site,(collectively called as “Platform”), is conditioned on your acceptance, without modification, of these
Terms. If you do not agree to these Terms, you should not use the Services. You accept the Terms by using the "Aradhya Kedia Distribution House Pvt. Ltd."
Services in any way. In this case, you understand and agree that "Aradhya Kedia Distribution House Pvt. Ltd." will consider your use of the
Services as agreement to the Terms. The Terms include the provisions in this document, as well as those in the Privacy Policy and
any additional terms that you agree to.
This platform is owned by "Aradhya Kedia Distribution House Pvt. Ltd.", a company incorporated under the Companies Act, 2013 having its registered office
at G.T. ROAD, ANDAL MORE ( NEAR YAMAHA SHOWROOM, BESIDE MAA TARA HOTEL), ANDAL, DIST. - PASCHIM BARDHAMAN, WEST BENGAL, PIN NO - 713321.
BY USING THIS SITE, YOU ACKNOWLEDGE AND CONFIRM THAT:
These Terms are published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 under the Information Technology Act, 2000 which requires publishing the rules and regulations,
privacy policy and user agreement for access or usage of "Aradhya Kedia Distribution House Pvt. Ltd." Platform.
These Terms are an electronic record in terms of Information Technology Act, 2000 and Rules thereunder as applicable and amended provisions
pertaining to electronic records in various statutes under relevant Indian Laws. This electronic record is generated by a computer system and
does not require any physical or digital signatures.
USER AGREEMENT
All references to "You" or "User", as applicable, shall mean any natural or legal person that accesses, uses or agrees to become a buyer by
registering on the Platform as Registered User in order to avail the Services. The User can access the Site or the Platform in accordance with
the terms and conditions as set out below. This Agreement/ Terms of Use are for an indefinite period. "Aradhya Kedia Distribution House Pvt. Ltd." (“Company”/ “We”/ "Us"/ "Our"),
at its sole discretion, modify these Terms at any time, without any prior written notice to you. You shall ensure periodical review of these
Terms for updates or changes. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be
able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes,
and will be bound by them as is.
ELIGIBILITY
You represent, acknowledge and warrant that you are an individual of legal age, of at least 18 years, to form a binding contract.
If you are under the age of 18 (Eighteen) years you have received your parent’s or guardian’s consent to these Terms on your behalf,
to use the Services. We reserve the right to indefinitely refuse, suspend, terminate or block your access and use of our Services on
our Platform through your registered account if it is brought to our notice or if it is discovered that you are under the age of 18 years
and using our Platform without requisite permissions.
You represent, acknowledge and warrant that you are an individual of legal age to form a binding contract. If not, you have received your
parent’s or guardian’s consent to these Terms on your behalf, to use the Services. If your use of the Services is prohibited by applicable laws,
then you are not authorised to use the Services. We reserve the right to indefinitely refuse, suspend, terminate or block your access and use of
our Services on our Platform through your registered account if it is brought to our notice or if it is discovered that your use or access of our
Services or Platform is, in any manner, in contravention of applicable laws.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise stated, all material(s) including but not limited to texts, audios, videos or graphical images, software, trademarks, logos,
service marks, domain names and other intellectual property rights (“IPR”), as reflected/ affixed/ or contained within the Services,
are the sole and exclusive property of "Aradhya Kedia Distribution House Pvt. Ltd." and as such protected under the copyright laws, trademark laws and other
applicable laws. Any use by the User of IPR, without our permission, shall constitute infringement of our proprietary rights, which shall be
vigorously prosecuted and pursued to the fullest extent permitted by law. Nothing contained in these Terms of Use, constitutes any
permission/transfer/ license for our IPR or any part thereof, in the name of the User. Nothing under these Terms of Use gives you any rights,
title, claim, interest or privilege on our intellectual property in your favour.
LIMITED LICENSE
Subject to the compliance with the Terms herein, "Aradhya Kedia Distribution House Pvt. Ltd." hereby grants you a personal, limited, non-exclusive, non-transferrable,
freely revocable license to use "Aradhya Kedia Distribution House Pvt. Ltd." for the personal and non-commercial viewing and downloading the extracts this
Site only. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You should not (whether directly
or using any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing
all or any part of the pages from the Platform. Content on the Site or the Platform and / or "Aradhya Kedia Distribution House Pvt. Ltd." Services and/or products are
being provided to you AS IS for your personal and non-commercial use only and may not be used, copied, reproduced, distributed, transmitted,
broadcasted, displayed, sold, licensed or rented or otherwise exploited for any other purpose, without out prior consent.
PRODUCTS AND PRICING
Products: "Aradhya Kedia Distribution House Pvt. Ltd." enables the sale of variety of products on its Platform including the products of Radhe Shyam Designer
with requisite permission(s) and authorization(s). Each product on the Platform is sold subject
to its product description. "Aradhya Kedia Distribution House Pvt. Ltd." strives to provide accurate descriptions, pricing details and other information about
the products appearing on the Platform, it is likely that certain typographical or other errors may appear on the Platform which may not always
reflect the inaccurate position while you are placing the order. In such an event, Radhe Shyam Designer may, at its discretion, contact you
for instructions or cancel your order and notify you of such cancellations.
Pricing: The pricing information relating to the product shall be disclosed to you at the time of your purchase. "Aradhya Kedia Distribution House Pvt. Ltd." does
not guarantee that the price will be the lowest in the city, region, or geography. Prices and availability are subject to change without notice
or any consequential liability to you. "Aradhya Kedia Distribution House Pvt. Ltd." will have the right to modify the price of the product and contact you for
further instructions via the e-mail address provided by you at the time of registration or cancel the order and notify you of such cancellation.
If Radhe Shyam Designer cancels the order after the payment has been processed, the entire amount will be remitted to your account from which
the payment was made subject to banking protocols.
INDIVIDUAL REGISTRATION, ACCESS, USE OF SERVICE AND EXCHANGE OF INFORMATION
To access the Services of purchasing products from this Site, you are required to open an Account by completing the registration process
(which means providing us correct, complete and accurate details as prompted in the registration form). You agree that each registration
to access or use of our Services on the Platform is for a single individual user only. To access the service, you will be asked to enter
your individual Username and Password. Therefore, we do not permit any of the following:
- - Any other person sharing your Username and Password.
- - Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as users.
- - Access through a single Username and Password being made available to multiple users on a network.
Upon registration, you shall be responsible for maintaining confidentiality of the password and the account including your personal details.
You shall be responsible for ensuring that all such information/ details are always up to date on the Platform. You agree that if you provide
any information that is untrue, inaccurate, not updated or incomplete or in case we have reasonable grounds to suspect that such information
is untrue, inaccurate, not updated, incomplete, or not in accordance with these Terms of Use or the account has been misused, we shall have the
right to indefinitely suspend or terminate or block your access rights immediately without notice and block user access from that IP address.
You shall be entirely responsible for all activities that occur under/ through your account. By registering, you agree to these Terms of
Use in addition to any other specific terms which shall be posted at an appropriate location of the platform.
Therefore, in all such events where you allow others to have access to your account on the Platform for availing services or otherwise,
you agree that they will be able to view and access your account information and you shall be solely liable and responsible for all the
activities undertaken under your account and any consequences therefrom, which may occur as result of another party using your account.
You also agree to immediately notify us of any unauthorized use of your account or any other breach of security and ensure that you exit
from your account at the end of each session by signing off. The Company shall not be responsible for any unauthorized access or alteration
of your account, transmissions of data, or any material or data sent or received or not sent or not received through the Site. You further
agree that we shall not be liable for any loss or damage arising from your failure to comply with this Cause. You may be held liable for
losses incurred by the Company or any other user of or visitor to the Website due to the authorized or unauthorized use of your account.
Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new
facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. However, we will not be liable,
if for any reason, the Site is unavailable at any time or for any period.
HACKING
You acknowledge that we are taking all reasonable precautions to ensure that all your personal information/ data stored on our platform is secure.
However, you agree and accept that in case, inspite of all these precautions on our part, if there is any attack in the form of hacking,
distribution denial of service attack (DDOS), etc., which results in your personal data on our platform being compromised, we shall not be
liable to you for any such loss or damage caused by any technologically harmful material such as viruses or a DDOS or otherwise. In all such cases,
you agree to indemnify us from all losses or damage caused to you resulting from such attacks.
We shall not be held liable for any loss or damage that may affect your computer, computer equipment, programmes, or any other material
as a result of downloading material from our website or our platform, or any of the sites we link to or link to us.
DISCLAIMER OF WARRANTIES
All the contents of the Site are only for general information or use. You understand and agree that your use of the Services is at your sole
risk and that the services are provided "as is" and "as available". In particular, "Aradhya Kedia Distribution House Pvt. Ltd.", its subsidiaries and affiliates,
and its licensors or suppliers do not make any representations or warranties of any kind, express or implied, including without limitation that
your use of the Services will meet your requirements; or will be uninterrupted, secure, timely or free from error; or any information obtained by
you will be complete, reliable, legal or accurate.
We reserve the right to disclosure of any personal information about you and your use of the Site including its contents, without your prior
permission if we have a good faith belief that such action is necessary to:
- conform to legal requirements or comply with legal process.
- protect and defend our rights or property and those of our affiliated companies.
- enforce the terms of use; or
- act to protect the interest of our members or others.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our
rights to comply with governmental, court and law enforcement requests or requirement relating to your use of the Site or services or
information provided to or gathered by us with respect to such use
THIRD PARTY CONTENT
Certain links on the Site, including our other online platforms, lead to resources located on servers maintained by third parties over whom
we have no control or connection with business or otherwise. You agree and understand that by visiting such external websites you are out of
the Site and are no longer using the Services. We have not reviewed these external websites and are not responsible for their content or
availability. You acknowledge that we are providing these links only as a matter of convenience. If You decide to access any of the third-party
websites linked to the Services, you do so entirely at Your own risk. Please therefore verify the veracity of all information on your own before
undertaking reliance and acting thereupon. We, therefore, neither endorse nor offer any judgment or warranty nor accept any responsibility or
liability for any damage, loss, or harm (direct or consequential) or any violation of local or international laws that may be incurred by your
visit and/or transaction(s) on these websites. Any such loss or damage caused to you by accessing these linked external websites shall be
entirely at your own responsibility.
PRIVACY POLICY
Your use of the platform is also subject to our Privacy Policy as may be amended from time to time. By accepting the provisions of the Terms of Use,
expressed or implied, you also accept the provisions of the Privacy Policy. The Privacy Policy is regarding personal information provided by you.
Therefore, please also review the Privacy Policy carefully prior to using our platform. Privacy policy is located at Privacy Policy. If there is
any conflict between the provisions within these Terms of Use and the provisions within the Privacy Policy, the provisions of the Privacy Policy
will apply.
Additionally, by using the Services you acknowledge and agree that, while we are taking all reasonable precautions to secure all your personal
information/ data stored on our platform, however, internet transmissions are never completely private or secure. You understand that, despite
out safety precautions, if there is any attack in the form of hacking, distribution denial of service attack (DDOS), etc., which results in
loss or compromise of your personal data on our platform, we shall not be liable to you for any such loss or damage, caused by any
technologically harmful material such as viruses or a DDOS or otherwise.
COMMUNICATION
When You use the Services or send emails or other data, information or communication to Us, You agree and understand that You are communicating
with Us through electronic records and You consent to receive communications via electronic records from us. We may send information and offers
of products and services to you periodically and as and when required. We may communicate with You by email or by such other mode of communication,
electronic or otherwise.
NON- ASSIGNMENT
You shall not assign or transfer or purport to assign or transfer, either temporarily or permanently, your account details or this contract
between you and us to any other person. You agree to accept that your account on the platform is non-transferable.
NATIONAL AND INTERNATIONAL EXCHANGE & RETURN POLICY
Exchange, return and/ or cancellation of your order paced on the Platform can be made, subject to certain conditions laid down under the
respective National and International Return & Exchange Policy, located at Return, Exchange & Refund Policy. You are therefore requested to
review the National Exchange & Return Policy and International Exchange & Return Policy, as applicable, based on your location of delivery.
INDEMNIFICATION
To the fullest extent allowed by the law, you agree to defend, indemnify and hold "Aradhya Kedia Distribution House Pvt. Ltd." and our affiliates harmless from and
against any or all claims, liabilities, damages (actual and consequential), , losses and expenses (including attorneys’ fees), arising from or
related to: (i) hacking, any third party claims or your access to or use of the Services or the Platform (including third party use from your
account ); (ii) violation of these Terms, privacy policy and other terms and conditions; and (iii) violation of any law, rules and regulations
or rights (including infringement of intellectual property rights) of a third party.
FORCE MAJEURE
We shall not have any liability for any interruption or delay in access to the Platform, due to the Force Majeure Event. Our obligations in
respect of the Services on the Platform will be postponed until circumstances beyond our reasonable control cease to continue. The Force Majeure
events includes those events resulting from natural hazards, disasters, labour unrest, embargo, strike riots, lockouts, epidemic, pandemic, fire,
flood, earthquakes, typhoons, war, acts of foreign enemies or other perils or by any circumstances beyond the reasonable control of the parties,
including but not limited to acts of god, war or national emergency, government or court or statutory action, civil commotion or industrial dispute.
WAIVER AND SEVERABILITY
You acknowledge that our failure to exercise or enforce any right or provision of the terms of use or our failure to demand resolutions to which
we are entitled to shall not constitute a waiver of such right or provision or omission of your responsibility to comply with your obligations
outlined under these Terms including the documents referred therein. No waiver by us, of any of these Terms, would take effect unless expressly
stated in writing to you. If any provision of these Terms is found, by a court of competent jurisdiction, to be invalid, then that provision will
be removed to the minimum extent necessary, from the Terms. The remaining Terms will continue to be in full force and effect and enforceable.
TERMINATION
You acknowledge and accept that the Terms of Use shall continue to apply unless terminated by us. We may, at our discretion, suspend or
terminate your use of the platform or any service if we have reasonable grounds to suspect or believe that you have breached, violated,
abused, or unethically manipulated or exploited any Terms hereunder (including the documents referred to in there) or have otherwise acted
unethically.
CUSTOMER GRIEVANCE REDRESSAL MECHANISM
Our Customer Grievance Redressal Mechanism is designed in conformity with the Consumer Protection (E-Commerce) Rules, 2020 outlining the
framework for addressing customer grievances.
We define a grievance as any deficiency or gap in goods/ services delivery towards the commitment provided to the customer.
Our Customer Grievance Redressal Mechanism is designed to encourage the speedy and efficient resolution of your issue at the first point
of contact. While we always aim to provide you with the best shopping experience and adequate customer service, we understand that you may
wish to express dissatisfaction towards our products or services or staff or policies or you may have any question/query/feedback.
Please follow the steps mentioned hereunder to contact us for raising and/or escalating your concern and we will be glad to assist you.
You may also suggest your desired solution to the issue in your complaint. We shall do our best to resolve your issue within 30 (Thirty)
days from the date of its receipt. An acknowledgement of the receipt of compliant by way of ticket will be issued within 48 (Forty-Eight)
hours from the receipt of your complaint.
CUSTOMER CARE
You can contact our Customer Care Representative via aradhyakedia@akdhpl.com which provides online resolution to your queries / complaints
across channels including chat. You can also request for a call back for your concern/ query and we would be happy to reach out. If you wish
to speak to our Customer Care Representative directly, please feel free to contact us at (+91) 8945-532-677 (National Customers).
Our Customer Care Representative is authorised to resolve complaints and make best effort to bring fair and
reasonable customer service decisions. We will address your concern/query within 4 (Four) days from receipt of your complaint by email.
STATUTE OF LIMITATIONS
You agree and accept that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of
the services or the terms of use must be filed within one (1) year after such cause of action arose or be forever barred.
DISPUTE RESOLUTION
We resolve to provide you a cost effective and neutral means of resolution in case of disputes arising out of or in relation to these Terms of Use,
including any question regarding its existence, validity, or termination, within a period of 15 days (“Consultation Period”) after the dispute has
been reported by you/ or brought to our attention. In case, the Parties are unable to resolve the disputes within 15 days from the Consultation
Period, the same shall be settled by arbitration governed by the provisions of Arbitration and Conciliation Act, 1996. The Company shall appoint
one (1) Arbitrator to conduct the arbitral proceeding on behalf of both the Parties. The arbitrator shall then conduct the arbitration proceedings
in consonance with the provisions of the Indian Arbitration and Conciliation Act, 1996 as may be amended from time to time. The decision of the
Arbitrator so appointed shall be binding upon the Parties and the proceedings shall be as decided by the Arbitrator.
The venue/seat of Arbitration shall be Kolkata and the language of arbitration shall be English. A dispute shall be deemed to have arisen when
either Party notifies the other Party in writing to that effect.
GOVERNING LAW
The Terms of Use by ways of this Agreement and performance hereunder shall be governed by and will be construed in all respects in accordance
with the Laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to
these Services, shall be subject to the exclusive jurisdiction of the courts at Kolkata, India. The use of this Site, Platform or Services
thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without
limitation.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all
prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.