Terms of Sale
Last updated on April 5, 2015
These terms of offer for sale ("Terms of Offer For Sale") between Azooka (hereinafter referred to as "Website" or "Azooka") and the users of the Website ("You" or "Your" or "Yourself" or "User") describe, inter alia, the terms of offer for sale, purchase/lease of goods and services through the redemption of cash vouchers/ coupons ("Voucher/s") or otherwise on the Website, www.Azooka.com ("Website").
PLEASE READ THE TERMS OF OFFER FOR SALE CAREFULLY BEFORE PURCHASING/LEASING ANY PRODUCTS OR SPACE OR AVAILING ANY SERVICES ON THE WEBSITE. ANY PURCHASE MADE BY YOU THROUGH THE WEBSITE OF THE PRODUCTS/ ADS / SERVICES SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF OFFER FOR SALE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
IF YOU DO NOT AGREE WITH THE TERMS OF OFFER FOR SALE, PLEASE DO NOT ACCESS THE WEBSITE FOR ANY PURCHASE.
1.1 The Website is a platform that facilitates the online sale and purchase of OOH advertisments and other services ("Services") offered by Azooka's various affiliates/ registered merchants/ vendors/ service providers ("Vendor/s"). The Services are offered to the Users through various modes which shall include but not be limited to, sale of Vouchers that can be redeemed for various products and services, sale of products etc. The Vendors are the sellers of advertisements and services on the Website and will be solely responsible to You for the products or advertisments sold or for redemption of any Voucher purchased by You through the Website.
1.2You acknowledge that Azooka has the right to change or discontinue any Service at any time, without notice. You further acknowledge that Azooka may add or modify the procedures, modes, processes or conditions of purchase at any time to adapt to changes that Azooka may make to the Services. You agree that Azooka shall not be liable to You or to any third party for any modification, suspension or discontinuance of any aspect of the Services.
2.2 Azooka will facilitate the provision of the best, pre-negotiated deals for a particular product / advertisments/service at a given price for a given place. Purchase of such Vouchers will be subject to the Terms of Offer For Sale and such other terms, if any, as specified by the Vendor.
2.3 Each Voucher will have the necessary redemption instructions printed on it. The Vouchers may contain an offer period, or expiry date mentioned on it, You shall use it accordingly. Unless otherwise stated, You will not be entitled to receive any credit or cash-back for the value of the Voucher You don't redeem or use within the stipulated time period as mentioned in the Voucher, if any. You agree that the Voucher issued is specific to the product or service selected such as restaurants, spa, salon & wellness, footwear etc. and cannot be used for the purchase of any other product or service as offered by the Website and cannot be used for the purchase of any other product or service and cannot be combined with other special offers or promotions that may be made available on the Website.
2.4 On making payment for the Voucher through any mode, including cash on delivery, You will be issued a Voucher which must be presented to the venue/ store of the Vendor, pursuant to which You can complete Your purchase of the relevant product or avail of the relevant service from such Vendor. The displayed price stated on the Voucher shall be inclusive of applicable taxes unless mentioned otherwise.
2.5 Vouchers once sold are non-refundable, whether You use it or not. Only one Voucher is allowed per transaction.
2.6 You agree that neither Azooka nor the Vendors shall be liable in the event You lose, misplace or destroy Your Voucher at any time.
3. Product/OOH advertisements
3.1 Azooka, through the Website also makes available of variety of OOH products and advertisments at an agreed price to You. Purchase of such products/advertisments will be subject to the Terms of Offer For Sale and such other additional terms, if any, as specified by the Vendor.
3.2 Advertisements or spaces leased through Azooka is valid for a particular duration from a time specified or chosen date.
3.3 All the advertisements are governed by the terms of warranties provided by the respective media owner/vendors. However, in case any product is covered under seller warranty, it shall be specifically mentioned under the product details.
3.4 The price of products offered on the Website is either equal to or lesser than the Maximum Retail Price ("MRP") i.e., the discounted rate prescribed for those products. The MRP and other statutory declarations shall be mentioned on the products and/or on its order detail page in accordance with applicable laws.
3.5 In the event You purchase any OOH advertisments from the Vendors, Azooka shall not be liable for any fault arising from acts beyond the control of Azooka.
4.1 You should take all responsibility for your own actions in utilizing the services purchased by You and Azooka shall not be liable for any such action.
4.2 You represents that You are of legal age to form a binding contract with Azooka and are not a person barred from receiving services under the laws as applicable in India.
4.3 You confirm that Azooka shall not be responsible for any deficiency in payment of consideration payable towards the services purchased from the Website.
4.4 Azooka does not offer any refunds against any services already purchased from the Website unless, any error has occurred during the purchase or redemption of such services which is directly attributable to Azooka.
5. Pricing Information
5.1 Azooka strives to provide You with the best prices possible on products and services You buy or avail of from the Website. However, Azooka does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to You.
5.2 While Azooka strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product or service information, Azooka may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation. Azooka will have the right to modify the price of the product or service and contact You for further instructions via e-mail address provided by You at the time of registration, or cancel the order and notify You of such cancellation. If Azooka cancels the order after the payment has been processed, the said amount will be remitted to Your account from which the payment was made.
5. Credit Card Details
In certain cases, specifically with regard to particular products/ services, You might be required to provide Your credit or debit card details to the approved payment gateways while making the payment. In this regard You agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing Services on the Website. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/ debit card. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit/ debit card details. Azooka expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.
6. Execution of Orders
If the orders require post discussion, Authorized person from Azooka will contact you for seeing additional details from you. .
7.1 Cancellation by Azooka: There may be certain orders that Azooka is unable to accept and must cancel. Azooka reserves the right, at Azooka's sole discretion, to refuse or cancel any order for any reason whatsoever. Some situations that may result in Your order being cancelled include, without limitation, non-availability of the product or quantities ordered by You, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by Azooka's credit and fraud avoidance department. Azooka may also require additional verifications or information before accepting any order. Azooka will contact You if all or any portion of Your order is cancelled or if additional information is required to accept Your order. If Your order is cancelled after Your credit card has been charged, the said amount will be reversed back in Your credit card account. A promo code, once used shall not be refunded in case of cancellation of order either by Customer or Azooka.
7.2 Cancellation by the User: In case of requests for order cancellations, Azooka reserves the right to accept or reject requests for order cancellations for any reason whatsoever. As part of usual business practice, if Azooka receives a cancellation notice and the order has not been processed/ approved by Azooka, Azooka shall cancel the order and refund the entire amount to You within a reasonable period of time. Azooka will not be able to cancel orders that have already been processed. Azooka has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by Azooka and accept Azooka's decision regarding the cancellation.
7.3 Azooka reserves the right to cancel any orders that classify as 'Bulk Order' as determined by Azooka as per certain criteria. Any Azooka Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:
Products ordered are not for self-consumption but for commercial resale
Multiple orders placed for same product at the same address
Bulk quantity of the same product ordered
Invalid address given in order details
Any malpractice used to place the order
8. Failure to Sell by the Vendor
Unless due to Your negligence, in the event the Vendor fails to complete a sale of a product/advertisments or a service when presented by You with a valid Voucher or otherwise, You acknowledge that the vendor will be solely liable to reimburse such amount as has already been paid by You for the purchase of such order. Further, You agree that Azooka will not be held liable for failure of the Vendor to make available any product or service therein.
9.1 AZOOKA DOES NOT CONTROL, ENDORSE OR ACCEPT RESPONSIBILITY FOR ANY PRODUCT OR ADVERTISMENTS (INCLUDING BUT NOT LIMITED TO PRODUCT CATALOGUES) OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH THE WEBSITE OR ANY LINKED SITES. AZOOKA MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, THE VENDOR OR ANY SUCH THIRD PARTIES, THEIR PRODUCTS OR SERVICES, INCLUDING REPRESENTATIONS RELATING TO NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. ANY TRANSACTIONS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK. THE PRODUCTS SHALL BE SUBJECT TO VENDOR'S TERMS AND CONDITIONS FOR WARRANTY, SERVICE AND MAINTENANCE, AND AZOOKA DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE SAME. AZOOKA ALSO DOES NOT ACCEPT ANY RESPONSIBILITY FOR THE USAGE OF THE PRODUCTS BY YOU.
9.2 AZOOKA SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY DEFECTIVE OR COUNTERFEIT PRODUCTS PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR AND AZOOKA SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU FROM THE VENDOR IS NOT EXACTLY AS PER SPECIFICATIONS DETAILED IN THE PURCHASE CONFIRMATION ORDER.
10. Indemnification and Limitation of Liability
10.1 You agree to indemnify, defend and hold harmless Azooka from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Azooka that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms of Offer For Sale or any Additional Terms applicable to the purchase of products and services on the Website.
10.2In no event shall Azooka, its officers, directors, employees, partners or vendors be liable to You, the Vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Azooka has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your purchase of the products and services herein. Notwithstanding anything to contrary, Azooka's entire liability to You under this Terms of Offer For Sale or otherwise shall be the refund of the money charged from You for any specific Voucher or product or service, under which the unlikely liability arises.
10.3 Azooka shall not assume any liability for the non-availability of the product, delivery of the product and the installation of the product where required or any action or inaction that might be taken by the Vendor after issue of the Voucher to the User.
11. Governing Law
11.1 These Terms of Offer For Sale and the relationship between You and Azooka shall be governed in accordance with the laws of India without reference to conflict of laws principles.
11.2 You agree that all claims, differences and disputes arising under or in connection with or in relation to the Terms of Offer For Sale or any transactions entered into on or through the Website or the relationship between You and Azooka shall be subject to the exclusive jurisdiction of the courts at New Delhi and You hereby accede to and accept the jurisdiction of such courts.
ALL LINKED TERMS AND CONDITIONS HEREUNDER ARE ASSUMED TO BE READ, UNDERSTOOD AND AGREED BY YOU.