Welcome to Axxot Systems Pvt Ltd. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 ) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Axxot Systems Pvt Ltd marketplace platform – www.axxot.com(hereinafter referred to as “Platform”)

The Platform is owned by Axxot Systems Pvt Ltd, having its registered office at C 01 The First Commercial Complex, Vastrapur, Ahmedabad – 380015, India

Your use of the Axxot Systems Pvt Ltd and services, products and tools are governed by the following terms and conditions as applicable to the Axxot Systems Pvt Ltd including the applicable policies which are incorporated herein by way of reference. By mere use of the Axxot Systems Pvt Ltd, You shall be contracting with Axxot Systems Pvt Ltd, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with Axxot Systems Pvt Ltd.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “Axxot Systems Pvt Ltd”,”We”,”Us”,”Our” shall mean Axxot Systems Pvt Ltd and its affiliates.

When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Axxot Systems Pvt Ltd Policies including but not limited to Privacy Policy as amended from time to time.

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your account on the Platform.

User Account, Password, and Security:

You agree to

• immediately notify Axxot Systems Pvt Ltd of any unauthorized use / breach of your password or account and
• ensure that you exit from your account at the end of each session.

Services Offered:

Axxot Systems Pvt Ltd provides a number of Internet-based services and products through the Platform. The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform.

Axxot Systems Pvt Ltd does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Platform for Transaction and Communication:

The Users utilize to meet and interact with one another for their transactions on the Platform. Axxot Systems Pvt Ltd is not and cannot be a party to or control in any manner any transaction between the Axxot Systems Pvt Ltd’s Users. Henceforward:

• All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Axxot Systems Pvt Ltd does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
• Axxot Systems Pvt Ltd does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
• At no time shall Axxot Systems Pvt Ltd hold any right, title or interest over the products nor shall Axxot Systems Pvt Ltd have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
• The Axxot Systems Pvt Ltd is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Axxot Systems Pvt Ltd is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Axxot Systems Pvt Ltd hold any any right, title or interest over the products nor shall Axxot Systems Pvt Ltd have any obligations or liabilities in respect of such contract. Axxot Systems Pvt Ltd is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
• Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
• You release and indemnify Axxot Systems Pvt Ltd and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Axxot Systems Pvt Ltd and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Axxot Systems Pvt Ltd cannot take responsibility or control the information provided by other Users which is made available on the Platform.

Disclaimer of Warranties and Liability:

All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Axxot Systems Pvt Ltd does not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.

All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Selling:

As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Axxot Systems Pvt Ltd reserves the right to delete such multiple listings of the same product listed by you in various categories.

We may provide you alternation services (limited to alteration of length, alteration of the waist size) for the garments purchased by You from Us. This service shall be free of cost and no amount would be collected from You for such alteration. However, a nominal fee as mentioned by Axxot Systems Pvt Ltd at the time of creating the alteration request (inclusive of service tax) would be applicable as convenience charge towards pick up and drop of the garments or towards tailor visit (wherever applicable).

E-Platform for Communication:

You agree, understand and acknowledge that Axxot Systems Pvt Ltd is an online platform that enables you to purchase products and services listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Axxot Systems Pvt Ltd is only a facilitator and is not and cannot be a party to or control in any manner any transactions on Axxot Systems Pvt Ltd.

Indemnity:

You shall indemnify and hold harmless Axxot Systems Pvt Ltd, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark, Copyright and Restriction:

Platform is controlled and operated by Axxot Systems Pvt Ltd and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Axxot Systems Pvt Ltd is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Axxot Systems Pvt Ltd or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.

Limitation of Liability:

In no event shall Axxot Systems Pvt Ltd be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:

• the use or the inability to use the Services or Products
• unauthorized access to or alteration of the user’s transmissions or data
• breach of condition, representations or warranties by the manufacturer of the Products
• any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Axxot Systems Pvt Ltd shall not be held responsible for non-availability of the Axxot Systems Pvt Ltd during periodic maintenance operations or any unplanned suspension of access to the Axxot Systems Pvt Ltd. The User understands and agrees that any material and/or data downloaded at Axxot Systems Pvt Ltd is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Axxot Systems Pvt Ltd’s liability shall be limited to an amount equal to the Products purchased value bought by You. Axxot Systems Pvt Ltd shall not be liable for any dispute or disagreement between Users

Termination:

Axxot Systems Pvt Ltd may suspend or terminate your use of the Axxot Systems Pvt Ltd or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Axxot Systems Pvt Ltd chooses to terminate them.

• If You or Axxot Systems Pvt Ltd terminates your use of the Platform or any Service, Axxot Systems Pvt Ltd may delete any content or other materials relating to your use of the Service and Axxot Systems Pvt Ltd will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Axxot Systems Pvt Ltd for purposes of tax or regulatory compliance.
• Axxot Systems Pvt Ltd may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Axxot Systems Pvt Ltd credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Axxot Systems Pvt Ltd.
• If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Axxot Systems Pvt Ltd by sharing multiple address and phone numbers or transacting with malafide intentions then Axxot Systems Pvt Ltd reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.

 Jurisdictional Issues/Sale in India Only:

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Axxot Systems Pvt Ltd make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Axxot Systems Pvt Ltd is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Ahmedabad. The place of jurisdiction shall be exclusively in Ahmedabad.

Contacting the Seller:

At Axxot Systems Pvt Ltd, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Axxot Systems Pvt Ltd about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach out to customer support at [email protected]

Disclaimer:

You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Axxot Systems Pvt Ltd. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with Axxot Systems Pvt Ltd nor shall Axxot Systems Pvt Ltd have any obligations or liabilities in respect of any transactions on Platform.

Convenience Fee

Subject to the Terms of Use and the below terms and conditions, Axxot Systems Pvt Ltd may levy a convenience fee on all low value orders on the Axxot Systems Pvt Ltd Platform, as detailed in FAQ (https://www.Axxot Systems Pvt Ltd.com/faqs) and for cases provided under point 5 below, hereinafter collectively referred to as “Convenience Fee”.

1. The Convenience Fee shall be specified on the shopping bag page on the Axxot Systems Pvt Ltd Platform.
2. The Convenience Fee shall be charged on the overall order value.
3. Axxot Systems Pvt Ltd reserves the right to modify/waive off the Convenience Fee from time to time.
4. The Convenience Fee shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to Axxot Systems Pvt Ltd Designs Private Limited.
5. To protect the rights of customers, Axxot Systems Pvt Ltd reserves the right to collect Convenience Fee for all orders and disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts.