Terms & Conditions

LAST REVISION: [05/05/2024]

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://aakashwebtech.com (the “Website”, “WE”), Aakash Web Tech(“Business Name”) offer of services for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. We reserve the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. We will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. We encourage you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with us for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.

1. SERVICES

Terms of Offer: This Website offers Website Design and Development Services for sale. By placing an order for the services through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify our third-party call center reps or direct I sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations I and its designated in-house or third-party call team(s).

Opt-Out Procedure: We provide 2 easy ways to opt-out from future solicitations. 

1. You may use the opt-out link found in any email solicitation that you may receive.
2. You may also choose to opt-out by sending your email address to: contact@aakashwebtech.com.

Proprietary Rights: We have proprietary rights and trade secrets in the Services. You may not copy, reproduce, resell, or redistribute any Services provided by us. We also have rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information. Sales Tax. If you purchase any Services, you will be responsible for paying any applicable sales tax.

2. WEBSITE

Content, Intellectual Property, Third-Party Links: In addition to providing Services, this Website offers information and marketing materials, including details about nutritional and dietary supplements through direct and indirect links to third-party websites. While we may not create all the content on this Website, any content we do create is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of this material may violate copyright, trademark, and other laws. Your use of the content on this Website is intended for personal, non-commercial purposes only. Any links to third-party websites are provided for your convenience, and we do not endorse the content on those websites. We are not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you choose to visit third-party websites, you do so at your own risk.

Use of Website: We are not liable for any damages resulting from the use of this website by anyone. You agree not to use the Website for illegal purposes and to abide by all applicable local, state, national, and international laws and regulations, including those regarding intellectual property. You also agree not to interfere with or disrupt the use and enjoyment of the Website by other users, not to resell material on the Website, not to engage in the transmission of spam or other unsolicited communications, and not to defame, harass, abuse, or disrupt other users of the Website.

License: By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website for your normal, non-commercial use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from us or the applicable third party (if third-party content is at issue).

Posting: By posting, storing, or transmitting any content on the Website, you hereby grant us a perpetual, worldwide, non-exclusive, royalty-free, assignable right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit, and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. We do not have the ability to control the nature of user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. We reserve the right, but have no obligation, to monitor interactions between and among users of the Website and to remove any content we deem objectionable.

3. DISCLAIMER OF WARRANTIES

Your use of this Website and/or Products is at your sole risk. The Website and Products are offered on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement with respect to the Products or Website content, or any reliance upon or use of the Website content or Products. (“Products” include trial products.) Without limiting the generality of the foregoing, we make no warranty: that the information provided on this Website is accurate, reliable, complete, or timely; that the links to third-party websites are to information that is accurate, reliable, complete, or timely; or that defects in Products will be corrected. No advice or information, whether oral or written, obtained by you from this Website will create any warranty not expressly stated herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

4. LIMITATION OF LIABILITY

Our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the Website content and Products and/or for any breach of this Agreement is solely limited to the amount you paid, less shipping and handling, for Products purchased via the Website. We will not be liable for any direct, indirect, incidental, special, or consequential damages in connection with this Agreement or the Products in any manner, including liabilities resulting from (1) the use or the inability to use the Website content or Products; (2) the cost of procuring substitute products or content; (3) any Products purchased or obtained or transactions entered into through the Website; or (4) any lost profits you allege. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

5. INDEMNIFICATION

You will release, indemnify, defend, and hold harmless us, and any of our contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of:

1. This Agreement or the breach of your warranties, representations, and obligations under this Agreement;
2. The Website content or your use of the Website content;
3. The Products/Services or your use of the Products/Services (including Trial Products/Services);
4. Any intellectual property or other proprietary right of any person or entity;
5. Your violation of any provision of this Agreement; or
6. Any information or data you supplied to us.

When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide such assurances may be considered by us to be a material breach of this Agreement. We will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of our choice at its expense. We will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.

6. PRIVACY

We strongly believe in protecting user privacy and providing you with notice of the use of data. Please refer to our privacy policy, incorporated by reference herein, that is posted on the Website.

7. AGREEMENT TO BE BOUND

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.

8. GENERAL

1. Force Majeure: We will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of our obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
2. Cessation of Operation: We may, at any time, in our sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
3. Entire Agreement: This Agreement comprises the entire agreement between you and us and supersedes any prior agreements pertaining to the subject matter contained herein.
4. Effect of Waiver: The failure of us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
5. Governing Law: Jurisdiction. This Website originates from Jammu, Union Territory of Jammu & Kashmir. This Agreement will be governed by the laws of the Union Territory of Jammu & Kashmir without regard to its conflict of law principles to the contrary. Neither you nor we will commence or prosecute any suit, proceeding, or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the Union Territory of Jammu & Kashmir. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
6. Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
7. Waiver of Class Action Rights: By entering into this Agreement, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with this Agreement must be asserted individually.
8. Termination: We reserve the right to terminate your access to the Website if we reasonably believe, in our sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website, and we may, in our sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, we reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until we choose, in our sole discretion and without advance notice to you, to terminate it.
9. Domestic Use: We make no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
10. Assignment: You may not assign your rights and obligations under this Agreement to anyone. We may assign our rights and obligations under this Agreement in our sole discretion and without advance notice to you.

By using this Website or ordering Products from this Website, you agree to be bound by all of the terms and conditions of this Agreement.