Welcome to www.aiconik.com (hereinafter referred to as the "Website" or "Site" or "we" or "us"). The Website is owned and operated by Aiconik Ltd. It is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of our Website constitutes your agreement to all such Terms.
Our Website provides an online shopping platform through which users/buyers/customers (hereinafter referred to as "You", "Your") will have the opportunity to buy products listed on our Website (collectively, the "Services").
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content, and constitute a binding legal agreement between you and us.
- Definitions and interpretation:
- "Website" means the online shopping platform via which customers/buyers can purchase the products offered for sale via our Website.
- "Customer" / "Buyer" means an individual who accepts the offer for sale and purchases/buys from our Website by placing an order with us for any product offered for sale on our Website. Customers/buyers shall also hereinafter be referred to as "Users"
- "Product/s" means the various Aiconik Products offered for sale on our Website along with the product's price, related description, information, warranties, refund and cancellation procedures, delivery schedule etc.
- "Account" means the accounts created by the customers/users on our Website in order to use the Services provided by us and required information such as name, email address, password, contact number etc.
- "Content" means text, graphics, images, music, audio, video, information or other materials on our Website and/or other affiliated Websites.
- "User content" means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our Website.
- "SNS" means Social Networking Site such as Facebook, Twitter etc.
- The official language of these Terms shall be English.
- The headings and sub-headings are merely for convenience purposes and shall not be used for interpretation.
- Eligibility of membership:
- Our Website reserves the right to terminate your membership and refuse to provide you with access to the Site if we discover that you are under the age of 13 years. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
- You may or may not register for the account. You can make purchases on the Website as Guest user and will have to provide your shipping address and other contact details for shipment of the products each time you make a purchase. For more convenience, you may opt to register an account with us.
- In order to register for an account with us (an "Account") you will have to provide certain personal information such as name, email address, contact number and password and your shipping address. This will save time of providing details each time you make a purchase on the Website.
- You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. Source-wave Website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorised to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your Website account access credentials. We encourage you to use a "strong" password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- Our Website is an online shopping platform via which customers/users can purchase/buy products listed on our Website at the price indicated therein at any time. Our Website has made its Services available to use as a matter of convenience for the Users.
- Our Website uploads pictures of the products which it offers for sale on the Website and also mentions the product descriptions therein.
- The actual transaction of sale purchase shall take place when the user clicks "Checkout" on our Website and pays for the product. We shall ship/deliver the products/items to the user only when the user purchases and pays for the ordered product.
- Acknowledgments/representations and warranties by users:
- Before placing an order, users are advised to check the product description carefully. By placing an order for a product, buyers/customers agree to be bound by the conditions of sale included in the product's description/listing.
- Charges displayed on the Site include only the cost of the product. Service fees for payment, facilitation fee, VAT and customs fees, and shipping and delivery charges will be levied/charged extra as applicable and will be added in the total when the final purchase is made.
- Prices and availability of products are subject to change, without prior notice to Users/Buyers/Customers, at our sole discretion.
- Our Website reserves the 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, we may at our sole discretion, suspend, block, restrict, cancel the user id of such user and/or disqualify that user from using our Website. Any person who knowingly and with an intention 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 of the law.
- 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 judgment before making any purchases through the Website. We shall neither be liable nor be responsible for any actions or inactions of manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.
- Our Website strongly advises you not to test the Site 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/ unauthorised 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 us.
- The users/customers/buyers shall make payments to us via their valid debit or credit cards at the time of ordering the product via our Website, or through one of the payment gateways indicated on our Website.
- The users agree that along with the purchase price of the Products, the users might also have to pay the shipping cost. For more details on shipping, please refer to our "Shipment Policy".
- Our Website uses third-party payment providers to receive payments from users. We are not responsible for delays or erroneous transaction executions or cancellation of orders due to payment issues.
- We take the utmost care to work with third-party payment providers, but do not control their systems, processes, technologies and workflows, hence we cannot be held responsible for any fault at the end of payment providers.
- We, as a merchant, shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorisation for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- You agree and confirm:
- That you will use the Services provided by our Website, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
- That you will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our Website and/or other affiliated Websites without prior intimation whatsoever.
- That you are accessing the Services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
- That before placing an order, you will check the product description carefully. By placing an order for a product, you agree to be bound by the conditions of sale included in the item's description.
- It is possible those other users (including unauthorised/unregistered users or "hackers") may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorised uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
- You may not use the Site for any of the following purposes:
- Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Interfering with any other person's use or enjoyment of the Site.
- Breaching any applicable laws.
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our Services and user accounts, prohibit access to our Sites, Services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Sites, Services, applications, or tools if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our Site and Services
- Modification of terms & conditions of Services:
- We may at any time modify the Terms & Conditions of Use of the Site without any prior notification to you. You can access the latest version of the User Agreement at any given time on our Website. You should regularly review the Terms & Conditions on our Website. In the event the modified Terms & Conditions are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
- This Website will not be liable for delays resulting from incomplete addresses given. In such cases, the customer will have to bear the reshipping charges.
- Copyright & trademark:
- Our Website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone and any license under any of www.aiconik.com or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us or third-party suppliers. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our Website. You cannot modify, distribute or re-post anything on this Website for any purpose.
- Aiconik names and logos and all related products and Services and our slogans are the trademarks or service marks of Aiconik. All other marks, including the patent of our packaging design, the trademark of the brand, the shape and the fingerprint lock are the property of the Site. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorise anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our Website or its suppliers and protected by laws of the United Kingdom. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our Website, one of its affiliates or by third parties who have licensed their materials to us and are protected by laws of the United Kingdom. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our Website and is also protected by laws of the United Kingdom.
- If you learn of any unlawful material or activity on our Website or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number and an email address;
- a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that You are authorised to act on behalf of the copyright owner.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user's account if we determine that the user is a repeat infringer.
- Notices regarding our Website should be sent to email@example.com
You agree to defend, indemnify and hold harmless our Company/Website, 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 your actions or inactions, which may result in any loss or liability to our Website or any third party including, but not limited to, breach of any warranties, representations or undertakings, or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim 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.
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the Website (or any portion of the Website). In the event of suspension, cancellation, or termination, you are no longer authorised to access the part of the Website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Website and the disclaimers and limitations of liabilities set forth in the agreement, shall survive.
- Without limiting the foregoing, we may close, suspend or limit your access to our Website:
- if we determine that you have breached or are acting in breach of this Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- to manage any risk of loss to us, a User, or any other person; or
- for other similar reasons.
- If we find you breaching these Terms of service, you may also become liable for an amount of which we have suffered losses/damages.
- Disclaimers and limitation of liability:
- The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
- The Site provides content from other Internet sites or resources and while our Website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Website, Services and tools;
- delays or disruptions in our Website, Services, or tools;
- viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, services, or tool linked to our Website, Services, or tools;
- glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- the content, actions, or inactions of third parties, including items listed using our Website, Services, or tools or the destruction of allegedly fake items; and
- a suspension or other action taken with respect to your account.
- To the fullest extent permitted under applicable law, our Website and its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its Services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our Website to you for all liabilities arising out of this USER AGREEMENT, WHETHER IN TORT OR CONTRACT, IS LIMITED TO THE VALUE OF THE PRODUCT ORDERED BY YOU. Our Website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our Website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of the Site.
- We believe that all the customers who order online are aware that colours seen on a monitor will be slightly different as compared to the actual products ordered. All colour options offered on the net is an exercise to provide our customers with the maximum available choice. Our Website periodically schedules system downtime for the Site's maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and are not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, misdelivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including, without limitation, any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
- Governing laws and jurisdiction:
- This User Agreement shall be construed in accordance with the applicable laws of the United Kingdom regardless of your physical location.
- Dispute resolution:
- Generally, transactions are conducted smoothly on our Website. However, there may be some cases where you and we may face issues. A 'Dispute' can be defined as a disagreement between you and us in connection with a transaction on the Website.
- In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to, all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- The venue for arbitration shall be the United Kingdom and the seat of arbitration shall be London and the language used for arbitration shall be English.
- The award of the arbitration shall be binding on both you and us.
- The suits, which are impliedly or specifically barred by this User Agreement, shall be opposed by us by pleading this agreement.
- Site security:
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
- accessing data not intended for you or logging onto a server or an account which you
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
- attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail-bombing" or "crashing;"
- sending unsolicited emails, including promotions and/or advertising of products or Services; or
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
- By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
- You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
- Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent, or 3 days after the date of posting any letter. As proof of service, it is sufficient that:
- For letters, the letter was properly addressed, stamped and placed in the post; and
- For emails, the email was sent to the specified email address.
- Legal compliance:
- In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our Services. Notwithstanding the successful conclusion of a transaction, you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful.
- You alone, and not we, are responsible for ensuring that the Services and any other activities conducted on the Website are lawful. You must ensure that they comply with all applicable laws in the United Kingdom and all other countries.
- You should comply with country, state and federal regulations.
- Links to other websites:
Links to third-party websites on this Site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked websites. We have not reviewed these third-party websites and do not control and are not responsible for any of these websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Site, you do this entirely at your own risks.
- No waiver implied:
Our failure to enforce at any time any of the provisions of this User Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver, by us, of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect the validity or enforceability of any other Term.
- You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
- We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party's permitted successors and assigns.
- Force majeure:
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- acts of god;
- natural disasters;
- shortage of supplies, equipment, and materials;
- strikes and lockouts;
- civil unrest;
- computer hacking; or
- malicious damage.
- Digital signature:
- By using our Services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and start using our Services. Your Account registration constitutes as an acknowledgement that you are able to electronically receive, download, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications in writing. To facilitate your use of the Website, you give us permission to provide these records to you electronically instead of in paper form.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the Website or by contacting Customer Support.
- Entire agreement:
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found in these Terms shall be deemed as void.
- Contact us:
For any further clarification of our Terms and Conditions, please write to us at firstname.lastname@example.org.