Terms of service

This document is an electronic record under the Information Technology Act, 2000, and rules thereunder as applicable and the amended provisions of electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published and shall be construed following the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and user agreement for access or usage of www.aboutspace.in website.

User Agreement

Your use of www.aboutspace.in and all the web-pages, hyper-links, tools, and services provided thereunder (hereinafter referred to as "the Website" which expression shall include any successor or replacement website(s)) is governed by the following terms and conditions as applicable to the Website ("User Agreement"). This User Agreement shall come into effect upon each visit or usage of the Website, upon your registration, or upon you providing any information on the Website. In this User Agreement, you are contracting with Fireball Technologies, a company incorporated under Companies Act, 1956 with its registered office at About Space, Sri Sai Towers, 2nd floor, Door, 175, Bharathi Colony Rd, Peelamedu, Coimbatore, Tamil Nadu 641004, hereinafter referred to as "the Platform" which expression unless the context otherwise requires shall mean and include its successors, liquidators, and assigns.

For the User Agreement, "Registered User", "Visitor", and wherever the context may so require, "You" shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as a Registered User using the computer systems of the Website, or who have used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name ("User ID" and "Password") to become a Registered User. The term and expression "You" shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators, and permitted assigns.

As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. "Acceptance" shall mean your affirmative action in clicking on the 'check box and/or on the ‘continue’ button and/or any affirmative action as provided on the registration page or using or accessing the Website through logging in by Your third party website user ID and password, including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, Twitter or any other social media website as permitted on the Website or generally using the Website in any manner, with or without using Your User ID and Password. 

 

Amendments to the User Agreement

The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time the Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.

Important Disclaimers:

The following disclaimers are the key to determining any relationship between You and the Platform for Your use of the Website and Platform providing any services on the Website:

  • Platform and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
  • The responsibility of the correctness of the declarations displayed on the Platform concerning the products shall lie with You.
  • The Platform, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, or information/declarations provided by the Merchants for their products according to compliance under the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended) and the Legal Metrology Act, 2009, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted.
  • The Website is only a venue where users may meet and interact with one another for their transactions. The platform is not and cannot be a party to control in any manner any transaction between two users of the Website. Platform neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance concerning any goods or services made available on the Website. Further, Platform does not guarantee, warranty or provide any assurance on the behavior of any user of the Website including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act prudently. Save as otherwise provided in the clause titled "Limitation of Liability", Your sole and exclusive remedy and Platform's sole and exclusive responsibility and liability are to provide You necessary information (subject to the Privacy Policy and applicable laws) for You to deal with other users of the Website (including the sellers listed on the Website) concerning any dispute.
  • According to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Platform may provide certain support services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third-party service providers to perform these services. The Platform may on a reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled "Limitation of Liability".
  • You understand, agree and acknowledge that the Platform uses third-party service providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and/or such country or state may not have any data protection or data privacy laws or such country's or state's data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or the Platform. You agree and understand that Platform provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under the public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform.

You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.

Electronic Communications

When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.

Service of Notice: The Registration Data and email ID or Your account details of the third party website through which You register with the Website will be construed as Your 'designated electronic address' and the Platform, Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.

By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.

Use of Website

You understand and agree that Platform and the Website merely provide services to its Registered Users and persons browsing/visiting the Website. All items advertised/listed and the contents therein are advertised and listed by or on behalf of Registered Users and are third-party contents. The Website also contains various third-party user-generated content and material. The Platform neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. The platform has no control over third-party user-generated content.

You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:

  • You are solely responsible for Your Information, and the Platform and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that:
    • Belongs to another person and to which You do not have any right to.
    • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
    • Harm minors in any way.
    • Infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items.
    • Violates any law for the time being in force.
    • Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing.
    • Impersonates another person.
    • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information
    • Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
    • Is false, inaccurate or misleading.
  • You shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • You shall not create liability for Platform or cause Platform to lose or disrupt (in whole or part) the services of our service providers or other suppliers.
  • You shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.

Please note that under the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of Intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there-under as applicable and as amended from time to time and also all applicable laws, rules and regulations and international laws (including without limitation all direct and indirect tax laws and all local, entry or usage related tax laws) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular, you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act, and shall ensure that it is not delivered to any buyer at any place outside India

Privacy

The Platform collects, stores, processes and uses Your information per Platform Privacy Policy. By using the Website and/ or by providing your information, you consent to the collection and use of the information you disclose on the Website by Platform per the Privacy Policy.

 

Payment Facility

The platform may from time to time contract with third-party payment service providers including banks to open nodal bank accounts under applicable Indian laws, to facilitate the payment between users i.e. buyers and sellers and for collection of Platform Fees and other charges. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft/pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.

Breach

Without limiting other rights and remedies, Platform may limit your activity, immediately remove your information or buys, or end your listing, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:

  • If you breach the User Agreement or any terms or policies of the Website.
  • If your actions may cause legal liability for you, other users or Platform.

The platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Indemnity

You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform's shareholders, subsidiaries, affiliates, third parties and their respective shareholders, 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 the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.

General

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as an independent contractor and on a principal to principal basis.

If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.

This Agreement sets forth the entire understanding and agreement between You and Platform concerning the subject matter hereof.

In Platform's sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.

Other Complaints

In the event you have any complaints or concerns about the website or our services, please contact our Customer Support at 0422 437 7058

Governing Law

This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Platform shall be governed and construed under the laws of India.

Arbitration

If any dispute arises between You and Platform during Your use of the Website or you are dealing with the Platform with any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Coimbatore. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.

E-COUPONS

The Terms and Conditions laid down here shall be applicable on all the E-Coupons used across the website and shall be read together with the existing Terms of Use and other policies as stated on our website www.aboutspace.in ("Website/Platform") and as applicable from time to time

Offer under the E-Coupon maybe in the form of instant discounts and/or cashback in form of credits and/or any other form or manner as may be agreed between the platform and the merchant

E-Coupons are also not offered to, and shall not be used by, such Registered Users who under any statutory obligations are prohibited to use E-Coupons. Each E-Coupon is a privilege provided to Registered Users by the sellers on the Platform and is not a right or claim against the Platform. Platform reserves the right to cancel an E-Coupon, in case a Registered User is found to violate the Terms of Use.

Registered Users using the E-Coupons in any manner shall be deemed to have read, understood and accepted these terms and conditions. The value of E-Coupons and the mode of using E-Coupons will be specifically as mentioned in the electronic communication sent to You or displayed on the Website.

E-Coupons can be redeemed only on purchases made through the Website on those listings that provide for the option of E-Coupon payments. E-Coupons shall be invalidated in case of rejection of payment by Platform according to the Platform’s risk containment measures. E-Coupons cannot be used to buy any item which is illegal or prohibited by the Terms of Use.

One E-Coupon can be used only for one purchase irrespective of the value of such purchase and the unutilized or underutilized value of the E-Coupon shall be forfeited, and the User cannot claim any benefit or a substitute an E-Coupon in place of the same. The purchase value of the item above the value of the E-Coupon shall be paid by the User along with using the E-Coupon.

An E-Coupon carries no cash value and cannot be transferred, negotiated or sold and cannot be redeemed against cash. E-Coupons cannot be combined with any other coupons or any other offer or promotion except About Space Credits.

The Platform may offer various discounts/incentives to the customers on select products for a select period, together with any discount that may be offered by the Merchants listed on the Platform. The gross discount offered by the Platform to the customer may be reduced on account of various business and operational costs, which entails costs such as administration costs, platform costs, tax costs, etc. Since this discount is offered by the platform on select products and for a specific time, the associated business and operational costs are recovered from the customer. The customer understands and agrees to such costs and accepts a discount net of such costs.

We endeavor to provide the best service to our customers and complete transparency in our dealings. Therefore, the Platform has displayed the Gross Discount available and has subsequently reduced the above-referred Costs to arrive at the Net Discount availed by the customers.

This reduction to the gross discount is calculated, keeping in mind the best offer price made available for the selected products to the customers.

About Space reserves the right, at its sole discretion, at any time to levy/charge fees on the processing of the E-Coupons and/or provision of the About Space Credits and/or utilization of the About Space Credits, without prior intimation or communication.

About Space reserves, the right, at its sole discretion, at any time to vary/change/, extend/withdraw any E-Coupons and/or About Space Promotions and/or offers provided thereunder, without prior intimation or communication.

Other Terms & Conditions:

  • You should be logged in as a Registered User of About Space.in to use and avail the benefits of the E-coupons which are mapped to your User ID. Orders without logged-in status may be canceled.
  • The offers/E-Coupons/About Space Promotions are valid only for genuine customers who have received direct communication, in any form or manner, of such offer/E-Coupon/ Promotion. About Space reserves the right to cancel any orders placed by registered users using an E-Coupon, which is not directly communicated to the customer in any form or manner.
  • About Space reserves the right, at its sole discretion, to decide whether a customer is/was eligible to use an E-Coupon or not for the order placed.
  • An E-coupon can be used by a customer only once.
  • Offer will not be applicable on certain items and Gift Cards.
  • About Space reserves the right, at its sole discretion, to exclude certain items from the Offers/E-Coupons/About Space Promotions offer, without prior intimation or communication.
  • About Space reserves the right, at its sole discretion, to cancel any order where it suspects the misuse of E-Coupons by using unlawful, unethical means, incorrect user information/details, duplicate emails, mobile numbers, or addresses. The decision of About Space will be final and binding in this respect.
  • About Space reserves the right, at its sole discretion, at any time to amend/change the terms and conditions of any E-Coupons and/or About Space Promotions and/or offers provided thereunder.
  • Any B2B orders under this offer will be canceled. The decision of About Space will be final and binding in this respect.