Term Conditions Page

Applicability of the terms

These terms of service ("Terms") incorporate the terms and conditions for Vinayak Brothers  and its brand Factory Store India to provide services to the person (s) ("the User") intending to purchase or inquiring for any products and/or services of Factory Store India by using Factory Store India’s mobile application or using any other customer interface channels of Factory Store India which includes its salespersons, offices, call centres, advertisements, information campaigns etc. The terms Factory Store India and Factory Store India’s app can be used interchangeably. Both User and Factory Store India are individually referred to as 'party' to the agreement and collectively referred to as 'parties'.

SECTION 1 - USER'S RESPONSIBILITY OF COGNIZANCE

The Users availing services from Factory Store India shall be deemed to have read, understood and expressly accepted the terms and conditions of these Terms, which shall govern the desired transaction or provision of such services by Factory Store India for all purposes, and shall be binding on the User. All rights and liabilities of the User and/or Factory Store India with respect to any services to be provided by Factory Store India shall be restricted to the scope of these Terms.

Factory Store India reserves the right, in its sole discretion, to terminate the access to any or all Factory Store India applications or its other sales channels and the related services or any portion thereof at any time, without notice, for general maintenance or any reason whatsoever.

In addition to these Terms, there are certain terms of service (TOS) specific to the services rendered/ products provided by Factory Store India. Such TOS will be provided/ updated by Factory Store India which shall be deemed to be a part of these Terms and in the event of a conflict between such TOS and these Terms, these Terms shall prevail. The User shall be required to read and accept the relevant TOS for the service/ product availed by the User. Additionally, the service aggregators themselves may provide terms and guidelines that govern particular features, offers or the operating rules and policies applicable to each Service. The User shall be responsible for ensuring compliance with the terms and guidelines or operating rules and policies of the Service aggregators with whom the User elects to deal, including terms and conditions set forth in a Service aggregators' fare rules, contract of carriage or other rules.

Factory Store India's services are offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms and the TOS, as may be applicable from time to time. For the removal of doubts, it is clarified that availing of the services by the User constitutes an acknowledgement and acceptance by the User of these Terms and the TOS. If the User does not agree with any part of such terms, conditions and notices, the User must not avail Factory Store India's Services.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any other Factory Store India document, then these Terms shall control.

SECTION 2 - THIRD PARTY ACCOUNT INFORMATION

By using the account access service in Factory Store India applications and other interfaces, the User authorizes Factory Store India and its agents to access third party sites, including that of banks and other payment gateways, designated by them or on their behalf for retrieving requested information. While registering, the User will choose a password and is responsible for maintaining the confidentiality of the password and the account.

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify Factory Store India immediately in writing of any unauthorized use of their password or account or any other breach of security. Factory Store India Tech Pvt Ltd and all its properties will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else's password at any time.

Factory Store India further confirms its integration with Whatsapp Business and therefore User agrees fully to the terms of Whatsapp legal terms as being defined in https://www.whatsapp.com/legal/business-policy.

SECTION 3 - CONFIDENTIALITY

Any information which is specifically mentioned by Factory Store India as Confidential shall be maintained confidentially by the user and shall not be disclosed unless as required by law or to serve the purpose of these Terms and the obligations of both the parties therein.

SECTION 4 - WEBSITE AND MOBILE APP USAGE

Your use of any information or materials on the mobile app is entirely at your own risk, for which Factory Store India shall not undertake any liability. It shall be your own accountability to ensure that any products, services or information available through application, meet your explicit specifications.

You are restrained from altering, duplicating, distributing, transmitting, reproducing, publishing, licensing or selling any information, software, products or services acquired from this website or app. Duplication of content from the website and app is forbidden which is in accordance with the copyright notice and forms a part of the Terms of Use. Additionally, Factory Store India reserves private rights to modify, revise, and delete any of the contents without giving prior notice to any person.

SECTION 5 - USAGE OF THE MOBILE NUMBER OF THE USER BY FACTORY STORE INDIA

Factory Store India may send order confirmations, product/service information, cancellations, payment confirmations, refund statuses, schedule changes or any such other information relevant for the transactions, via SMS or by voice call on the contact number given by the User as and when required; Factory Store India may also contact the User by voice call, SMS or email in case the User couldn't or hasn't concluded the order, for any reason whatsoever, to know the preference of the User for concluding the purchase and also to help the User for the same. The User hereby unconditionally consents that such communications via SMS and/ or voice call by Factory Store India is (a) upon the request and authorization of the User, (b) "transactional" and not an "unsolicited commercial communication" as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

The User will indemnify Factory Store India against all types of losses and damages incurred by Factory Store India due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous complaint raised by the User on Factory Store India’s app with respect to the intimations mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

SECTION 6 - ONUS OF THE USER

Factory Store India is responsible only for the transactions that are done by the User through Factory Store India applications. Factory Store India will not be responsible for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.

The accuracy of the data and orders have to be cross verified by the User. The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.

SECTION 7 - INSURANCE

Unless explicitly provided by Factory Store India in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation/option of the user and Factory Store India doesn't accept any claims arising out of such scenarios.

Insurance, if any provided as a part of the service/ product by Factory Store India shall be as per the terms and conditions of the insuring company. The User shall contact the insurance company directly for any claims or disputes and Factory Store India shall not provide any express or implied undertakings for acceptance of the claims by the insurance company.

SECTION 8 - FORCE MAJURE CIRCUMSTANCES

The User agrees that there can be exceptional circumstances where the service operators and third party vendors may be unable to honour the confirmed orders due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route blocks etc. If Factory Store India is informed in advance of such situations where dishonour of commitments may happen, it will make its best efforts to provide a similar alternative to its customers or refund the order amount after reasonable service charges, if supported and refunded by that respective service operator. The user agrees that Factory Store India shall not be responsible for any such circumstances.

Factory Store India shall not be liable for delays or inability in performance or nonperformance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, warehouses or transporters end. In such an event, the user affected will be promptly given notice as the situation permits.

Without prejudice to whatever is stated above, the maximum liability on part of Factory Store India arising under any circumstances, in respect of any services offered, shall be limited to the refund of the total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case, the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by Factory Store India for its services.

In no event shall Factory Store India and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Factory Store India’s application(s) or any other channel. Neither shall Factory Store India be responsible for the delay or inability to use the Factory Store India websites or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Factory Store India website(s), or otherwise arising out of the use of the Factory Store India website(s), whether based on contract, tort, negligence, strict liability or otherwise. Factory Store India is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

SECTION 9 - SAFETY OF DATA DOWNLOADED

The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Service 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.

Nevertheless, Factory Store India will always make its best endeavors to ensure that the content on its websites or other information channels are free of any virus or such other malwares.

SECTION 10 - PROPRIETARY RIGHTS

Factory Store India may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.

The User may use this material only as expressly authorized by Factory Store India and shall not copy, transmit or create derivative works of such material without express authorization.

The User acknowledges and agrees that he/she shall not upload, post, reproduce, or distribute any content on or through the Services that are protected by copyright or another proprietary right of a third party, without obtaining the written permission of the owner of such right.

Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

SECTION 11 - INDEMNIFICATION

The User agrees to indemnify, defend and hold harmless Factory Store India, and/or its affiliates, their websites and their respective lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Factory Store India and/or its affiliates, partner websites and their respective lawful successors and assigns that arise out of, result from, or maybe payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to these Terms.

The user shall be solely and exclusively liable for any breach of any country-specific rules and regulations or general code of conduct and Factory Store India cannot be held responsible for the same.

SECTION 12 - RIGHTS TO REFUSE

Factory Store India at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof. Any contract to provide any service by Factory Store India is not complete until full money towards the service is received from the customer and accepted by Factory Store India.

Without prejudice to the other remedies available to Factory Store India under these Terms, the TOS or under applicable law, Factory Store India may limit the user's activity, or end the User's listing, warn other users of the User's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the User with access to the website if:

·        The User is in breach of these Terms, the TOS and/or the documents it incorporates by reference

·        Factory Store India is unable to verify or authenticate any information provided by the user; or

·        Factory Store India believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the app.

Factory Store India may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with Factory Store India or use the app in any manner whatsoever until such time that the user is reinstated by Factory Store India.

Notwithstanding the foregoing, if the user breaches these Terms, the TOS or the documents it incorporates by reference, Factory Store India reserves the right to recover any amounts due and owing by the user to Factory Store India and/or the service provider and to take strict legal action as Factory Store India deems necessary.

SECTION 13 - RIGHT TO CANCELLATION IN CASE OF INVALID USER INFORMATION

The User expressly undertakes to provide to Factory Store India only correct and valid information while requesting for any services under these Terms, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate these Terms and shall disentitle the User from availing the services from Factory Store India.

In case Factory Store India discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, Factory Store India in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the orders, etc. without any prior intimation to the User. In such an event, Factory Store India shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of orders or services.

The User unequivocally indemnifies Factory Store India of any such claim or liability and shall not hold Factory Store India responsible for any loss or damage arising out of measures taken by Factory Store India for safeguarding its own interest and that of its genuine customers. This would also include Factory Store India denying/cancelling any orders on account of suspected fraud transactions.

SECTION 14 - SEVERABILITY

If any provision of these 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.

SECTION 15 - HEADINGS

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms, terms and conditions, notices, or the right to use this website by the User contained herein or any other section or pages of Factory Store India’s app or its partner websites or any provision hereof in any manner whatsoever.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Factory Store India’s app, then these terms shall control.

SECTION 16 - RELATIONSHIP

None of the provisions of any agreement, terms and conditions, notices, or the right to use this website by the User contained herein or any other section of Factory Store India’s app shall be deemed to constitute a partnership between the User and Factory Store India and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.

SECTION 17 - UPDATION OF THE INFORMATION BY FACTORY STORE INDIA

The user acknowledges that Factory Store India provides services with reasonable diligence and care. It endeavours its best to ensure that User does not face any inconvenience. However, at some times, the information, software, products, and services included in or available through the Factory Store India websites or other sales channels and ad materials may include inaccuracies or typographical errors which will be immediately corrected as soon as Factory Store India notices them. Changes are/may be periodically made/added to the information provided such. Factory Store India may make improvements and/or changes in the Factory Store India’s apps at any time without any notice to the User. Any advice received except through an authorized representative of Factory Store India via the Factory Store India websites should not be relied upon for any decisions.

SECTION 18 - MODIFICATION OF THESE TERMS OF USE

Factory Store India reserves the right to change the terms, conditions, and notices under which the Factory Store India app is offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

SECTION 19 - JURISDICTION

Factory Store India hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction or country other than those where it is operating its offices. Factory Store India considers itself and intends to be subject to the jurisdiction only of the courts of Noida, Uttar Pradesh, India.

SECTION 20 - RESPONSIBILITIES OF USER VIS-A-VIS THE AGREEMENT

The User expressly agrees that use of the services is at their sole risk. To the extent Factory Store India acts only as a Point of Contact/Key Account Manager/ Order Agent on behalf of third party service providers, it shall not have any liability whatsoever for any aspect of the standards of services provided by the service providers. In no circumstances shall Factory Store India be liable for the services provided by the service provider. The services are provided on an "as is" and "as available" basis. Factory Store India may change the features or functionality of the services at any time, in their sole discretion, without notice. Factory Store India expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, which the User obtains from Factory Store India or through the services shall create any warranty not expressly made herein or in the terms and conditions of the services. If the User does not agree with any of the terms above, they are advised not to read the material on any of the Factory Store India pages or otherwise use any of the contents, pages, information or any other material provided by Factory Store India. The sole and exclusive remedy of the User in case of disagreement, in whole or in part, of the user agreement, is to discontinue using the services after notifying Factory Store India in writing.