Aysu Initiatives(hereinafter referred to as “We” or “us”) is a sole proprietorship enterprise having its place of business at Kharghar, Navi Mumbai. We are engaged in the business of providing a web platform to purchase a variety of goods, products, services, deals and/or offers especially those related to Bengali culture, demography and ethnicity exclusively to users and/or customers residing in India (hereinafter referred to as “you”, “user” or “customer”) and only within the geographical boundaries of India. The domain name bengalsouk.com is solely, exclusively and completely owned by us.
You are expected to read and understand the terms and conditions of this document sincerely and attentively. By visiting this website, you hereby give your free consent to be bound by the terms and conditions of this Terms and Use Agreement (hereinafter referred to as the “Agreement”) and accept the means, methods, processes and practices mentioned and described herein to visit, use, access and make use of this website and to avail the goods, services, deals and offers etc. offered on our website. If you do not agree to the terms and conditions of this Agreement completely, you are requested to discontinue your presence, visit, use and/or access to this website immediately to avoid being a party to this Agreement and to be bound by the liabilities, responsibilities, legal actions and other similar consequences that may arise against you due to any direct or indirect violation of these terms and conditions of this Agreement.
Aysu Initiatives reserves the right to keep updating and revising the contents of this Agreement regularly to keep pace with the changing circumstances and to ensure a safe, secure and trustworthy online platform to serve various goods and services to you. Therefore, you are strongly advised to review this Agreement each and every time before accessing or making use of this website in order to avoid undesirable conflicts, liabilities, confusions and legal actions to yourself.
As mentioned above, this Agreement is subject to change at any point of time without giving any notice to anyone. Therefore, the onus lies on you to read the terms and conditions of this Agreement carefully before proceeding to use, access or make use of this website and/or to make any legal transaction(s) herein.
Services offered at bengalsouk.com
bengalsouk.com serves as a common web-platform for sellers and vendors who are willing to market, promote, advertise and sell their goods, products, services, offers and/or deals especially those related to Bengali culture, ethnicity and demography, through our website & for interested buyers, customers and users who are looking for an online marketplace to easily avail the facility of identifying, searching, comparing, buying and using such goods, products, services, offers and/or deals.
It is pertinent to mention here that the website is used as a market place both by the sellers and vendors to showcase, promote and offer to sell their products, however, the we do not provide any guarantee or assurance of any kind and for any purposes whatsoever, especially relating to the quality, quantity and standards of service by such third party vendors and sellers. We have no access, control or monitoring power over the functioning, behaviour or nature of goods and services of the vendors and sellers whose goods and services find their place in any form on this website. Therefore, the users may proceed at their own risk as we shall not bear any liability, guarantee, warranty, responsibility or legal consequence of any kind for any purposes whatsoever with this regard to the foregoing.
The goods, services, products and offers made available on the website are restricted only to the geographies of India. Therefore, despite being an online platform the website, its services cannot be used and/or availed by or in the name of a person who is not within the territory specified under this Agreement. The billing address shall be within permissible and practical locations of India.
As mentioned above, you are bound by the terms and conditions of this Agreement if you visit, use, access and/or make use of this website for any purposes and at any time whatsoever. Therefore, this Agreement is valid to the extent it is legally valid by Indian laws. Hence, individuals and/or entities which are not eligible or barred from entering into an agreement under the laws are and shall be ineligible to visit, access and/or make use of this website. Any illegal and/or unauthorized visit, access and/or use of this website shall attract legal consequence against you if you violate or cause the said breach.
In addition to the aforementioned, we shall possess all the rights at all times to debar or restrict any individual or entity to visit, access, use, avail any service of or make any transaction on the website, partially or absolutely, temporarily or permanently for any reason that may deem appropriate to us for the safe, secure and hazard-free functioning of our business.
License & Access to this Website
We assign you a temporary, restricted, non-exclusive, non-transferable and non-sub-licensablepermit to visit, use, make permissible use of, to avail the services provided by and to transact permissible business on this website. However, you are explicitly barred from downloading or altering this website partially or completely failing which you shall attract legal consequences by Aysu Initiatives This does not grant any right whatsoever to you or anyone to make commercialuse of this siteincluding without limitation sale of this website and/or its contents, gathering and usage of any and all kind of contents available on the site, any and all kind of downloading or derivative usage of this website and/or its contents or any kind of usage of any data collection or extraction tools like usage of data mining or robots etc here. The said permit shall cease to exist if you violate any of the terms and conditions of any policies of Aysu Initiatives including those of this Agreement. The permit shall also terminate if you use it in any manner that is contrary to the laws of the land. Unless we have granted you a legal right expressly to copy, reproduce, duplicate, sell, resell, lend, mortgage, license, sub-license, pledge, guarantee or otherwise use, commercialise, exploit, or make benefit of the website and/or its contents, you shall not at any point of time and for any purposes whatsoever engage or attempt to engage, individually or with others, directly or indirectly in the aforementioned activities.
You shall not at any point of time and for any purposes whatsoever, frame or use framing techniques, tools, devices, means or methods to enclose any of our intellectual property unless we have allowed you to do the same explicitly in writing. Furthermore, you are barred to utilize any meta tags or similar "hidden text" which may be used to use our intellectual properties unless you have been permitted to do the same by us expressly in writing.
We shall possess all the rights at all times to terminate the aforementioned and any other permission which may be granted to you for any purposes whatsoever in relation to this website, if it deems appropriate to us that exercise of the said permission has caused, is causing or shall cause any undesirable harm, risk or crisis to us.
Duties and Liabilities related to account registration and login
You shall be able to browse, explore and know the details of the products, goods, services and/or offers and deals available on our site without requirement of any registration. However, you shall be required to register yourself by making an account on our website to be eligible to place any order and to transact any further business therein. It shall be your duty to keep all the data and information provided in such account true, updated and correct to the best of your knowledge in order to avoid any conflict, confusion and any other undesirable situation or event including any legal hassles or consequences.
We, our business associates and affiliates possess all the rights to send, communicate or otherwise deliver any advertisements, promotional and marketing related offers, deals, activities and newsletters to you. You, however, shall have the right to avoid or unsubscribe any such communications to you by requesting us the same through official channels of communications.
You shall further be responsible to keep your account details including your email addresses, bank account information, passwords etc. safe, secure and confidential and to ensure that only permissible activities take place through authorized access to your account. All the legal consequences arising out of any activity that takes place or has taken place under your account shall solely lie on you and we shall not be responsible or related, directly or indirectly, to them in any manner, at any point of time and for any reasons whatsoever.
We shall possess all the rights at all times to terminate your account and/or to cancel any business transacted or is in the process of completion that originates or originated from your account.
Terms of pricing
We strongly believe in maintaining high standards of transparency, fairness and accountability to ensure a pleasant experience to our customers. We make best reasonable efforts to maintain that the customers are sold products at fair price and by adopting fair means and methods. Therefore, all the products are sold at the website at the price as displayed therein by the sellers/vendors. The prices are subject to change from time to time due to various contributing factors. However, you shall be charged only at the price as mentioned with the said product/goods/services on the website, at the time when order is placed by you. We shall not return or collect any additional charge at the time of delivery if the price of such product, goods, service, deal or offer is lower or higher respectively at that time as compared to the time when the order was place. It is worthy to note that no product is offered for sale or sold on or through the website at a price higher that the Maximum Retail Price. Furthermore, we may provide our customers various relaxations in prices in the forms of promotional coupons, codes, offers etc. which can be availed by the customers.
You hereby accept, agree and acknowledge that in the event where the prices of the products, goods, services, deals or any other offers etc. are not true and correct, accurate, non-ambiguous and/or free from manual, technical or typographical issues or errors committed either by us or by the third party vendors/sellers, then we reserve all the rights to terminate any transaction related to such products, goods, services, deals or any other offers without incurring any liability, responsibility or duties over us.
In the capacity of a user or customer, you may cancel your order placed through your account till the order cut-off time. We shall refund the amount as permissible and in the manner as described in our Return and Refund Policy (click here) for valid cancellations made in accordance to this Agreement and our policies. In addition to an event of any erroneous, fraudulent, illegal, invalid or suspicious activity related to any transaction of cancellation, we shall also be at our sole discretion to take any action against any transaction and/or the user including the cancellation of an order/transaction if existing circumstances like non-availability of goods or services, their availability in a compromised form or in a form different from as described in the website or any other similar reason which may cause harm to efficient delivery of our service, necessitates so. Similarly, any decision on any permissible refund for the foregoing shall be decided exclusively by us in accordance to this Agreement and our Return and Refund Policy.
Furthermore, we shall be entitled to have a database consisting of details of any and all of such erroneous, fraudulent, illegal, invalid or suspicious activities and related customers/users and/or accounts thereto in order to avoid any re-occurrence of such or similar activities, to take necessary actions including but not limited to legal actions and to put appropriate restrictions, denials and safety & security measures in place for the same.
We do not and cannot take any guarantee, warranty, liability or any other kind of accountability possible with respect to correctness, accuracy and absoluteness of any description or specification of any product, goods, service, offer or deal available our website. There could be issues related to the same due to manual, technical and/or typographical glitches, errors or other issues. Therefore, you are hereby advised to proceed at your own risks, expenses and liabilities. We shall not be liable or accountable at any time, for any reasons or purposes whatsoever and for any issues related to the foregoing. However, if any such errors or other issues come to our notice and we concludethat you should be aware of them, then we shall notify you of the same at the earliest.
Returns & Refunds
We have a “no questions asked return and refund policy” as described herein (click here). It is a part of this Agreement and by agreeing to the terms of this Agreement, the user/customer also agrees to the terms and condition provided therein.Any and all returns and/or refunds related to any product, goods, service, offer and/or dealthat is available on our websiteshall be dealt with in accordance to this policy only.
You Agree and Confirm
That if by virtue of any error, mistake, confusion, non-awareness or deliberate action by you, delivery of any product, goods, service, offer or deal is compromised, halted, delayed, returned, discontinued, harmed and/or otherwise adversely affected in any manner possible, then any and all the liabilities and responsibilities including without limitation bearing of additional costs, charges and/or costs shall lie on you.
That you shall not use or attempt to use the services made available to you through or by us and our business associates, affiliates, partners and other collaborators in any manner, for any purposes and reasons and through any means and methods which is unlawful or legally non-permissible.
That you shall at all times abide by all applicable laws of the land especially those related to contracts, commercial transactions and information technology while visiting, using, accessing or making use of this website or availing any services hereof.
That any and all the data and information provided and which shall be provided by you to us at any time, directly or indirectly and for any purposes whatsoever is and shall be true, correct, accurate and authentic to the best of your knowledge.
That you accept, agree and acknowledge that we possess all the rights to verify any and all the information provided to us by you, directly or indirectly, at any time and for any purposes whatsoever and to further take any necessary step or action including without limitation legal action as may deem fit and appropriate to us if your data and/or information significantly fail to match our standards of truthfulness, accuracy, correctness and authenticity.
That you are voluntarily, without any undue influence, pressure, force or compulsion from our side, visiting, using, accessing, making use of and availing the services made available on our website by us and that you are of sound mind, legally permissible, eligible and capable to make judgment like a prudent person to do so and to make any and all the permissible transactions on the website.
That you acknowledge that you have sincerely, attentively and in full detail,read, understood, reviewed, agreed to be bound by and accepted without any condition all the terms and conditions of this Agreement, those of our policies and the product descriptions, specifications and conditions of sale of any and all the products, goods, services, offers and deals before placing an for them.
We attempt to ensure absolute correctness and accuracy with respect to display of any and all kind of specifications of all of our products, goods, services, offers and deals but our users may have variable actual experience as compared to impression created on your minds while identifying, selecting and reviewing the said product, goods, service, offer and deal at the time of placing of order for the same.We do not associate ourselves with; take any responsibility, guarantee, warranty or any other kind of liability of and make any representation of any kind related to the products, goods, services, offers and deals available on our website nor do we encourage anyone including but not limited to you to make any transaction of any kind on our website with respect to the same. Therefore, we do not and shall not attract or be liable for any kind of claims, suits, damages and/or any other legal actions for any wrongful, incorrect, erroneous, fraudulent, inaccurate action, omission or conduct directed to you. We further clarify that we just serve as a facilitator to provide an online platform to offer for sale variety of products, goods, services, deals and offers and we are not a party of and do not attract any kind of liability, responsibility or accountability of any kind arising out from the bipartite agreement between you and the concerned third party vendor/seller. Neither do wenor can we control the availability, quantity and quality of, the means and methods of deliveryof & the efficiency and effectiveness of delivery of products, goods and services made available on our website.
Submissions, Communications and other similar Contents
We respect your freedom of expression within reasonable restrictions. You can communicate your views and opinion in the form of posting reviews, comments, texts, photos, videos, ideas, critique, feedback, suggestions, queries, information, submissions, communications and similar content on our website provided they are not illegal, immoral, indecent, injurious, invalid, obscene, mischievous, threatening, discomforting, disturbing, controversial, racist, sexist, pornographic, harmful, discriminatory, explosive, defamatory, malicious, commercial solicitation, spams, viral,invasive of pricy, violating of anyone’s intellectual property or otherwise objectionable in nature. You hereby agree and acknowledge that you shall not use any fake accounts, post any misleading content or impersonate anyone or anything while using, visiting, accessing, making use of and/or availing the services or benefits of this website.
All such submissions, communications and similar contentssubmitted, communicated, conveyed, offered, disclosed and otherwise provided to us are, shall be and shall remain our exclusive property& all worldwide rights, titles and interests thereof including but not limited to any and all intellectual property rights that shall be assigned to and owned by us.By virtue of such exclusive ownership of all the aforementioned rights, titles and interests, we shall have no limits, restrictions and/or barriers of any kind whatsoever for their use and exploitation.
Thus, we shall possess and reserve any and all the rights to copy, duplicate, reveal, alter, adapt and/or create derivative works from any of such submissions, communications and similar contents & publish, circulate, showcase, publicise and/or distribute any of the aforesaid for any reasons and purposesof all kind without application of any limits or restrictions on us & without granting any compensatory relief to anyone including any user or customer.
We further reserve any and all the rights to regulate, monitor, edit, save, copy, delete, remove, ban, review and/or prohibit any such submissions, communications and similar contents mentioned hereinabove, however, we shall not be under any duty or obligation to do the same. We do not assume, have or shall have any obligation of any kind to keep the said submissions, communications and similar contents confidential, to provide for any compensatory relief to anyone in their regard and/or to issue a reply/response or take any action against or towards them in any manner.
You accept, agree and acknowledge that any of the said submissions, communications and similar contents submitted, offered, communicated, posted or otherwise provided by you on the website shall not violate any terms and conditions of this Agreement or any of our policies and any rights, interests and titles including all the intellectual property rights, moral rights, privacy and other similar personal andshall not be of nature which may cause any harm or injury to anyone or anything. We possess and reserve any and all the rights to use names attached with such provided submissions, communications and similar contents.
We are not, shall not and shall not remain responsible, accountable and/or liable for any and/or all part or portion of such submissions, communications and similar contents provided, submitted and/or offered by you. By agreeing to accept these terms and conditions of this Agreement, you hereby agree to indemnify, defendand hold us and all other associates, affiliates, business partnersand other similar related parties harmless against all claims, costs, suits, damages, loss and liabilities arising out of such submissions, communications and similar contents provided, offered and submitted by you. You shall be solely and exclusively responsible and accountable for any risks, liabilities, expenses, claims, suits, damages and/or other legal consequences arising out of any action or omission taken by any third party on the basis of information provided by you in such submissions, communications and similar contents.
Intellectual Property Rights
We, our business partners possess, entitle and reserve any and all following worldwideintellectual property rights relating to us and our site, whether or not filed, perfected, registered or recorded and whether now or hereafter existing, filed, issued or acquired: (i) patents, patent disclosures, patent rights, know-how, including any and all continuations, continuations-in-part, divisions, reissues, re-examinations, utility, model and design patents or any extensions thereof; (ii) rights associated with works of authorship, including without limitation, copyrights, copyright applications, copyright registrations, including those made by any of our employees; (iii) rights in trademarks, trademark registrations, and applications therefore, trade names, service marks, service names, logos, trade dress and all codes written including those made or developed by any of our employees; (iv) rights relating to the protection of trade secrets and confidential information; and (v) internet domain names, internet and world wide web URLS or addresses; and (vi) all other intellectual or proprietary rights anywhere in the world including rights of privacy and publicity, whether or not requiring registration and whether or not such registration has been obtained.
Your visit, access, use or availing of services does not and shall not confer, assign, grantor be considered to confer, assign or grant anyone any license, sub-license and/or any other right, interest or title to our intellectual property rights. We solely and exclusively own all the intellectual property rights related to our website. Therefore, unless prior written consent/grant is allowed by us in writing explicitly, any and all kind of non-permitted use or attempts to use our website and/or any of its contents including without limitation any copying, duplication, reproduction, distribution, display, publishing, storage etc. of the same either partially or wholly at any point of time and for any reasons or purposes whatsoeveris and shall be prohibited.
We along with our affiliates and associates are the sole and exclusive owners of any and all the names and logos and all related product and service names, design marks and slogans. The other remaining marks are owned by or otherwise belong to the concerned owners. We have not granted or assigned any license related to any trademark or service mark with respect to the materials available on our websiteto anyone including you and your or anyone’s visit, access, use or availing of services from/of/through our website does not and shall not authorize, allow, permit or grant any kind of right to you or anyone to use any of our intellectual property rights in any manner and for any reasons and purposes whatsoever. Furthermore, we do not support, encourage, endorse, promote, sponsor, recommend or facilitate any third party and/or its information, products, goods, services, offers and/or deals which may find their presence on our website. Any references on our website about any names, marks, offers, deals, products, goods, services, promotions, hypertext linksto such third parties and/or their sites are provided only and exclusively for the convenience of users and customers. We haveobtained all the required consents from all such third partiesfor such references, however, we have no responsibility or liability, we attract no guarantee, assurance or any kind of accountability & we make no representations or suggestions with respect to any of the contents and/or functioning of any third parties or their sites. Therefore, your decision to follow such references including without limitation such links, sites and/or URLs of other third parties that are available at our website should be made at your own risk, expense, responsibility and guarantee. For reasons of clarity, all vendors, sellers, suppliers shall be owners of their own intellectual property rights.
By agreeing to the terms and conditions of this Agreement, you hereby agree, accept and acknowledge that you may come across any content which may appear to be immoral, indecent, injurious, obscene, mischievous, threatening, discomforting, disturbing, controversial, racist, sexist, pornographic, harmful, discriminatory, explosive, defamatory, malicious, offensive and/or otherwise objectionable content to you while visiting, suing, accessing and/or availing the services of our website, which however may or may not be of such nature. Therefore, you hereby provide your full free consent to visit, use, access and/or avail the services of this website at yourown risk, expense, responsibility andliability. We or any of our business associates, partners, affiliates and/or representatives shall not be liable, responsibleor in any other way obligated for any legal or non-legal consequences that may arise due to such impression or suggestion created in your mind or to you.
You hereby accept, agree and acknowledge to defend, indemnify and hold us and our employees, directors, service providers, representatives, officers, agents, successors, affiliates, associates, assigns and legal heirsharmless from and against any and all kind of claims, suits, liabilities, risks, damages, actions, losses, costs and expenses, including but not limited to attorney’s fee, irrespective of whether they are arising out of claims based upon any violation of any guarantee, warranty, representation, assurance or undertaking in this Agreement or out of a violation of any applicable law of the land. Notwithstanding any termination or expiry of this Agreement, the contents of this section shall uninterruptedly continue to exist and survive.
Limitation of Liability
Our full and final liability, if any, which may be determined by a court or other legal forum of competent jurisdiction in relation to any claim, suit, damages, expense or loss shall at no point of time and in no event extend beyond the amount of money charged from a user during refund for the purchases he made in pursuance to an order under such liability arose wherefrom.
You hereby agree, accept and acknowledge that notwithstanding anything written or decided anywhere else, weshall not at any point of time and for any reasons and purposes whatsoever, be liable either in contract or in tort, for any specific, indirect, additional, special, ancillary, consequential or incidental loss or damage of any kind.
This Agreement shall remain in full force and effect unless and until it is terminated, either by you or by us. We may terminate this Agreement at any time, for any reason and without providing any notice or communicating any reason to you or anyone and may also put into place appropriate restrictions, bans, barriers, limits and/or denials to your visit, use, access and or ability to visit, use or access this website. You may terminate this Agreement at any point of time; however, your termination of this Agreement shall always mean and shall always be construed as your acceptance and agreement to not continue any further visit, use or access to this website.
Notwithstanding any termination of this Agreement, we shall continue to enjoy any and all rights to any submissions, communications and similar contents submitted, communicated, conveyed, offered, disclosed and otherwise provided to us by you & to be defended, indemnified and hold harmless against in pursuance to the related terms thereof by you. Any termination of this Agreement shall not cancel any of your duties, responsibilities and/or obligations with respect to payment for products, goods, services, offers and/or deals already ordered from the website or shall not affect any responsibility, liability, duty and or any other obligation that may have arisen you under the terms and conditions of this Agreement up till the date of termination of this Agreement.You hereby agree and acknowledge that upon any termination of this Agreement by us or by you, you shall immediately destroy any and all the copies of materials downloaded, received, copied, reproduced or taken otherwise from this website.
Governing & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India, without attracting the laws and principles of private international lawto it. Any conflicts or disputesof any kind in relation to the terms and conditions of this Agreement shall be resolved by way of arbitration in accordance to the Arbitration and Conciliation Act, 1996 by referring the matter to an independent arbitrator who shall be appointed by us. The seat of arbitration shall be Mumbai and the language of the proceedings shall be English. The decision by such an arbitrator shall be final and binding on all the parties.
Notwithstanding the above, the courts at Mumbai shall have exclusive jurisdiction over any conflict proceedings that may arise out of this Agreement.
In the event of any confusion, query, concern, need of clarification, complaint, grievance redressal, report of any undesirable activity especially breach of this Agreement and/or other policies of us, please do not hesitate to reach us at:
B 401,Guruvatika,Plot D1,Sec-12,Kharghar
Phone No. 9330932794