Terms & Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000 in India.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean pabiben.com and its affiliates.
Pabiben.com (“Website”) is an Internet based content and e-commerce portal, a brand and a parent organisation registered under the laws of India.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Pabiben.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User Account, Password, and Security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify pabiben.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. pabiben.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
pabiben.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”). The products can be purchased through the Website through various methods of payments offered. The purchase of products shall be additionally governed by specific policies of sale, like cancellation policy, return policy, etc. and all of which are incorporated here by reference. In addition, these terms and policies may be further supplemented by product specific conditions, which may be displayed on the webpage of that product.
The User agrees and undertakes not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that prior written permission of pabiben.com is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User Conduct and Rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
User Warranty and Representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorised to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by pabiben.com.
Exactness Not Guaranteed:
pabiben.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website might actually depend on the size you ordered for. Also the colour of the end product may vary as those compared to the one on the website, which could only be because of the screen settings on your website.
Intellectual Property Rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, pabiben.com owns all Intellectual Property Rights to and into the Website. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to pabiben.com without obtaining authorization from pabiben.com.
Links to Third Party Sites:
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of pabiben.com or the Website and pabiben.com is not responsible for the contents of any Linked Site. pabiben.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by pabiben.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of Warranties/Limitation of Liability:
pabiben.com has endeavored to ensure that all the information on the Website is correct, but pabiben.com neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall pabiben.com be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting there from.
Neither shall pabiben.com be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services. Further, pabiben.com shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond pabiben.com’s control.
The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless pabiben.com from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by pabiben.com that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at pabiben.com’s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon pabiben.com’s shipment to the shipping carrier. For international orders, shipping charges may differ according to location of deliver and weight of the item/s to be shipped.
pabiben.com may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any term of these Terms or anyway otherwise acted unethically.
Notwithstanding Section 15.a above, these Terms will survive indefinitely unless and until pabiben.com chooses to terminate them.
If you or pabiben.com terminates your use of the Website or any Service, pabiben.com may delete any content or other materials relating to your use of the Service and pabiben.com will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever.
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 here to shall be subject to the exclusive jurisdiction of the courts at Ahmedabad, Gujarat.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every content posted on the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org