Terms & Conditions

Terms of Use of Angelfish

Your use of the Angelfish website (www.Angelfish.co.in) (hereinafter referred to as "Angelfish") and the various services and tools that it offers are governed by the terms and conditions listed below.Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions in this Terms of Use document, so please read this document carefully before proceeding.


All transactions made on Angelfish are subject to the policies applicable to those transactions. By using Angelfish, you shall be acknowledging that these terms and conditions constitute legally binding obligations through a contract with QuScient Technologies Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at F-106 ( I Floor), Sumer Complex, Gautam Marg, B/h Bagadia Bhawan, C-Scheme, Jaipur (Rajasthan) -302 001


In this Terms of Use document, wherever the context so requires, the term ‘you’ shall mean any natural/legal person who has agreed to become a member of Angelfish by providing registration data.

 


Anyone who uses the services provided by Angelfish, including but not limited to customer reviews, will be subject to the rules, guidelines, policies, terms, and conditions applicable to those services and shall be deemed to be incorporated into this Terms of Use and considered as part of this Terms of Use. As long as you comply with these Terms of Use, Angelfish grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use Angelfish.

 


Angelfish reserves the right to change, modify, add or remove portions of these Terms of Use, at its sole discretion, at any time and without any notice to you. The responsibility to check these Terms of Use for any periodic changes that may be made lies with you. By using Angelfish you will be implicitly accepting and agreeing to changes that may have been made to the Terms of Use.

 

1. Eligibility to Be a Member

Anyone who can form legally binding contracts under the Indian Contract Act, 1872 may use Angelfish. Among those whom the Act excludes are minors and un-discharged insolvents. Those under the age of 18 years shall not register as a member of Angelfish or transact or use Angelfish. A legal guardian or parent of a minor may, however, transact on Angelfish on behalf of the minor. Minors found using Angelfish will see their membership/ registration terminated and access to Angelfish withdrawn from them.

 

2. Your Obligation as a Registered Account Holder

As an Angelfish user you shall be responsible for maintaining the confidentiality of your user ID and password and for all activities that occur under your user ID and password. If you provide any information that is untrue, inaccurate, incomplete or not current or if Angelfish has reasonable grounds to suspect your information to be so, Angelfish has the right to refuse you access to Angelfish.

 

3. Communications

Angelfish may from time to time communicate with you via email or any other mode of electronic or non-electronic communication. By using Angelfish or by sending emails or other data, information or communication to Angelfish you are in effect agreeing to receive communications from Angelfish.

 

4. Membership Charges

Membership on Angelfish is free; no fee is charged for browsing on Angelfish. However, as Angelfish reserves the right to change its policies from time to time, Angelfish may at its sole discretion introduce new services or modify some or all of its services without notice to you. Angelfish thus has the right to charge a fee for its existing services or for the services it may introduce in future. Changes consequent to the introduction of fees and in related policies shall automatically apply with immediate effect. All fees shall be quoted in Indian rupees, unless otherwise stated. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Angelfish.

 

5. Use of www.Angelfish.co.in

As a user of Angelfish you are strictly bound by the following principles:
•    You shall not transmit, upload, modify, host, display, publish, update or share any information that…


 
(a) Belongs to another person and/or for which you do not have appropriate legal rights.
(b) Is harmful, obscene, pornographic, defamatory, harassing, blasphemous, paedophilic, libellous, hateful, or racially or ethnically objectionable, or is invasive of another's privacy, or otherwise unlawful or unethical in any manner whatsoever; or unlawfully threatening or harassing including but not limited to indecent representation of women as understood in the Indecent Representation of Women (Prohibition) Act, 1986;
(c) Harms minors in any way;
(d) Is relating to or encouraging money laundering or gambling;
(e) Is in any way misleading.
(f) Involves the transmission of junk mails, chain letters, or unsolicited commercial or non-commercial mass mails or spamming;
(g) Advocates or promotes illegal activities or conduct that is obscene, abusive, threatening, defamatory or libellous;
(h) Violates or infringes upon any third party's rights, including but not limited to, intellectual property rights, right to publicity, or right to privacy (including without limitation unauthorised disclosure of a person's name, email address, physical address or phone number);
(i) Promotes an illegal or unauthorised copy of another person's copyrighted work, through activities such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) Offers restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(l) Provides material that exploits people in a way that is sexual or/and violent or inappropriate in any manner;
(m) Solicits personal information from anyone;
(n) Provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses;
(o) Includes photographs, videos or images of anyone without his or her express written permission (in the case of a minor, even such permission or permission that his or her legal guardian grants is not valid).
(p)Attempts to get unauthorised access or exceeds the scope of authorised access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the sites or to profiles, blogs, communities, account information, bulletins, friend requests, or other areas of the sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(q) Involves, without Angelfish's prior written consent, sales and/or commercial activities such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the sites. Throughout this Terms of Use, Angelfish "prior written consent" means a communication coming from Angelfish’s legal department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation;
(r) Encourages gambling or engages in any activity involving gambling that Angelfish, in its sole discretion, considers to be illegal or likely to be construed as being so;
(s) Interferes with any other user's use and enjoyment of services offered at the Angelfish website or any other website;
(t) Refers to any website or URL that, in the sole discretion of Angelfish, contains material that is inappropriate for Angelfish or any other website or is prohibited or violates the letter or spirit of these Terms of Use.
(u) Infringes any patent, trademark, copyright or other proprietary rights or a third party’s trade secrets or rights of publicity or privacy or is fraudulent or involved in the sale of counterfeit or stolen items;Misleads, misinforms or deceives anyone about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(v) Allows anyone to impersonate another person;
(w) Contains in its mode of transmission any software viruses or computer codes, 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, interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(x) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
(y) Gives information that is false, inaccurate or misleading;
(z) Trades or attempts to trade, directly or indirectly, 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;
(aa) Creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers;
(ab) Violates any law for the time being in force.


•    You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or any other automatic devices, programs, algorithms or methodologies, or any similar or equivalent manual or automatic processes, to access, acquire, copy or monitor any portion of Angelfish or any content thereof, or in any way reproduce or circumvent the navigational structure or presentation of Angelfish or its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by Angelfish. Angelfish reserves the right to bar any such activity.


•    You shall not use any illegitimate or unauthorised methods such as hacking and password mining, to gain or attempt to gain access to any portion or feature of Angelfish, or any other system or network connected to Angelfish or to any of Angelfish’s servers, computers, networks, or to any of the services offered on or through Angelfish.
•    You shall not probe, scan or test the vulnerability of the Angelfish website or any network connected to Angelfish nor breach the security or authentication measures on Angelfish or any network connected to Angelfish. You may not reverse lookup, trace or seek to trace any information on any other user of or visitor to Angelfish, or any other customer of Angelfish, including any Angelfish account not owned by you, to its source, or exploit Angelfish or any service or information made available or offered by or through Angelfish, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Angelfish.


•    You consent to not taking any action that imposes an unreasonable or disproportionately large load on the infrastructure of Angelfish or on the systems and networks that Angelfish depends on.


•    You consent to not using any device, software or routine that interferes or attempts to interfere with the proper working of Angelfish or any transaction being conducted on Angelfish, or with any other person’s use of Angelfish.


•    You consent not to forge headers or otherwise manipulate identifiers in order to conceal or disguise the origin of any message or transmittal you send to Angelfish on or through Angelfish and its services. You shall not pretend to be or represent someone else, or impersonate any other individual or entity.


•    You consent not to use the contents and services offered at Angelfish for purposes that are unlawful or prohibited by these Terms of Use, or to encourage through any means whatsoever illegal activities or activities that infringe the rights of Angelfish or others.


•    You consent to allow Angelfish the use of all information you supply us with, so that our use of such information is not in violation of any rights you might have to any information you provide us from time to time. You agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in such information, in any media now known or not currently known, with respect to such information. Angelfish will only use such information in accordance with Angelfish’s Terms of Use and Privacy Policy.


•    You consent to provide accurate information relating to the items or services proposed to be sold by you. You shall not mislead other users in any manner by misrepresenting, exaggerating or overemphasising the attributes of such items or services.


•    You consent not to engage in advertising to, or solicitation of, other users of Angelfish to buy or sell any products or services, including, but not limited to, products or services related to those displayed on Angelfish. Your actions will be in violation of these Terms of Use if you use any information obtained from Angelfish to harass, abuse, or harm another person, or to contact, advertise to, solicit, or sell to another person outside of Angelfish without Angelfish’s prior explicit written consent. To protect all users from such advertising or solicitation, Angelfish reserves the right to restrict messages or emails a user may send to other users in any 24-hour period to a number that Angelfish deems appropriate in its sole discretion.


•    You consent to grant Angelfish the right to disclose any information (including but not limited to the identity of the persons providing information or materials on Angelfish) that may have to be revealed to function in accordance with any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorise us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.


•    Angelfish reserves the right, but has no obligation, to monitor the materials posted on Angelfish and to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law in either the letter or spirit of these Terms of Use. However, you remain solely responsible for the content of the materials you post on Angelfish and in your private messages. Any content posted by you does not necessarily reflect the views of Angelfish. Angelfish shall not be responsible or liable for any content posted by you or for any claims, damages or losses resulting from use of such content and/or appearance of such content on Angelfish. You hereby represent and warrant that you have all necessary rights in and to all the content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.


•    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Angelfish are purely between you and such advertiser. These dealings include payment and delivery of related goods or services, and all terms, conditions, warranties or representations associated with such dealings. Angelfish shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of such advertisers being present on Angelfish.


•    Angelfish does not approve of unauthorised uses such as posting or transmittal of offensive or obscene materials on Angelfish but it is possible that as a user you may be involuntarily exposed to such materials. It is also possible for others to obtain personal information about you from your use of Angelfish and use such information to harass or injure you. However, by using Angelfish you acknowledge and agree that Angelfish is not responsible for the use of any personal information that you publicly disclose or share with others on Angelfish; Angelfish shall not be liable for any loss, damage or expenditure incurred by you in this regard. It is your responsibility to carefully select the type of information that you publicly disclose or share with others on Angelfish.


•    Angelfish shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

6. Contents Posted on Site

All content (texts, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artworks and computer codes), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of all such content, contained on Angelfish is owned, controlled or licensed by or to Angelfish, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Unless otherwise expressly stated in these Terms of Use, you do not have the permission to copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any way (including “mirroring”) to any other computer, server, website or other medium (for publication or distribution or for any commercial enterprise) any part of the Angelfish website and content thereof.
Information on products and services sold at Angelfish that Angelfish expressly allows to be downloaded from the site may be freely used, provided that you (1) not remove any proprietary notice language in copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
As a user you shall take full responsibility for all content that you post or transmit to Angelfish. Such content includes materials and information such as notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, and audio files. By posting or transmitting content to Angelfish you grant Angelfish ownership of and the worldwide, perpetual and transferable rights to all such content. Consistent with our Privacy Policy, Angelfish shall be entitled to use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content you provide. You agree that any content you post may be used by Angelfish, consistent with our Privacy Policy and Rules of Conduct on site as mentioned herein, and you are not entitled to any payment or other compensation for such use.

 

7. Other Businesses

Angelfish does not take responsibility or liability for the actions, products, contents and services on Angelfish linked to affiliates and/or third party websites using Angelfish APIs or otherwise. In addition, Angelfish may provide links to third party websites of affiliated companies and certain other businesses for which Angelfish assumes no responsibility for examining or evaluating the products and services they offer, and Angelfish does not warrant the offerings of any of these businesses or individuals or the content of such third party website(s). Angelfish does not in any way endorse any third party website(s) or content thereof and shall not be liable for any loss, damage or expenditure incurred by you in this regard.

 

8. Links

You may insert on your site a hypertext link to Angelfish, so long as the link does not state or imply any sponsorship or endorsement of your site by Angelfish. However, you must not use in any manner whatsoever trademarks, service marks or other materials appearing on Angelfish, including logos or characters, without the express written consent of Angelfish and the owner of the mark or materials. Unless you have Angelfish’s prior written consent, you cannot frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on Angelfish.

 

9. Privacy

In the firm belief that protecting your privacy is very important, we treat you and your personal information as one of our most important assets. We store and process your information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the information Technology Act 2000 and rules there under. Our current Privacy Policy is available at http://www.Angelfish.co.in/privacy-policy. If you object to your information being transferred or used in this way please do not use Angelfish

 

10. MANDATORY DECLARATION – COMPUTERS

•    You hereby declare that you have provided all necessary legal details for the shipment of the product to the destination specified by you in the order.
•    You further declare that the products will be acquired for personal use of the consignee and/or buyer. The products will not be sold, resold, bartered or in any way disposed for profit.

 

11. Disclaimer of Warranties and Liability

All materials and products (including but not limited to software) and services included on or otherwise made available to you through Angelfish are provided on Angelfish on an “as is” and “as available” basis without any representation or warranties, express or implied, except otherwise specified in writing. Without prejudice to the forgoing paragraph, Angelfish does not warrant...
•    That the Angelfish website will be constantly available, or available at all; or
•    That the information on the Angelfish website is complete, true, accurate or non-misleading.


In no circumstances will Angelfish be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with Angelfish.
Angelfish does not warrant that this site; information, contents, materials, products (including but not limited to software) or services included on or otherwise made available to you through Angelfish; their servers; or electronic communication sent from Angelfish do not contain viruses or other harmful components.
No part of Angelfish constitutes, or is meant to constitute, advice of any kind.


As products sold on Angelfish are governed by different state laws, if Angelfish is unable to deliver a product due to implications of different state laws, Angelfish will return or will give credit for the amount received by Angelfish from the sale of such product (without interest or compensation) that could not be delivered to you.
While placing an order on Angelfish or while creating an account with Angelfish, you will be required to enter a valid phone number. By registering your phone number with us, you grant Angelfish permission to contact you via phone and/or SMS, to communicate to you information relating to your order, shipment or delivery. Angelfish will not use your personal information to make promotional phone calls or send SMS notifications.
Services

 

12. Payment

When you use any of the payment options made available to you at Angelfish, Angelfish will not be responsible or assume any liability whatsoever for any loss or damage arising directly or indirectly as a result of any of the following:
•    Failure to obtain authorization for any transaction/s,
•    Exceeding the preset credit limit mutually agreed by you and your banks,
•    Any payment issues arising out of the transaction,
•    Decline of transaction for any other reason/s.


Payments you make towards purchases/services on Angelfish shall compulsorily be in Indian rupees acceptable by the Union of India. Angelfish does not accept any other form of currency in financial transactions made on Angelfish.

 

13. Breach

In case of any of the following events, which are not exhaustive, Angelfish may restrain or limit your activity, remove information related to you, warn other users of your actions, suspend or terminate or block your membership temporarily or indefinitely, and/or refuse to provide you with access to Angelfish:
•    Your breaching of the Terms of Use or Privacy Policy or other rules and policies;
•    Failure to verify or authenticate any information you provide; or
•    Suspicion or belief that your actions may cause legal liability for you, other users or Angelfish.


Angelfish, at its sole discretion, may reinstate suspended users at any time. Until reinstated by Angelfish, a suspended or blocked user may not register or attempt to register with Angelfish or use Angelfish in any manner whatsoever. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, Angelfish reserves the right to recover any amounts due and owed by you to Angelfish and to take strict legal action including but not limited to initiating criminal or other proceedings against you by a referral to the appropriate police or other authorities.
 

14. Indemnity

You shall indemnify and hold harmless at all times Angelfish, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions, including but not limited to reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy and other policies of Angelfish, or your violation of any laws, rules or regulations or the rights of a third party.

 

15. Applicable Law

This Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India and the courts at Bangalore, India shall have exclusive jurisdiction.

 

16. Jurisdictional Issues/Sale in India Only

The material presented on Angelfish is solely for the purpose of sale in India, unless otherwise specified. Angelfish makes no representation that materials in Angelfish are appropriate or available for use in locations/countries other than India. If you choose to access this site from locations/countries other than India, you do so on your own initiative and Angelfish is not responsible for supply of goods (or refund for the goods) ordered from locations/countries other than India, or for compliance with local laws to the extent applicable.

 

17. Trademark, Copyright and Restriction

Angelfish website is controlled and operated by Angelfish. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Angelfish website owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Modification of the materials or use of the materials on any other website or computer network, for any purpose other than personal, non-commercial use, without the prior written consent of the owner, is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. For the purposes of this clause, any use for which you receive any remuneration, whether in money or otherwise, is a commercial use.

 

18. Risk of Loss

All items purchased from Angelfish are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

19. Product Description

Although it is Angelfish’s constant endeavour to be as accurate as possible, Angelfish.co.in does not warrant that product descriptions or other contents of this site are accurate, complete, reliable, current, or error-free. If a product offered by Angelfish is not as described, the only remedy is to return the product in unused condition.

 

20. Pricing/Typographical Error

If case of difference resulting from typographic errors including but not limited to pricing or product information, Angelfish.co.in shall have the right to rectify the discrepancy or cancel the order(s) and arrange for a refund of monies collected from the customer during the four weeks following action to correct the error. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.

 

21. 48-hours Replacement Guarantee

Angelfish offers to replace a product ordered by a customer on Angelfish if the product is found to be defective at the time the product is delivered or during the 48-hours following delivery. The buyer of the product/s can ask for replacement of the product/s subject to the following terms and conditions:
•    The buyer must notify Angelfish of any defects in the product/s at the time of delivery of the product/s and/or within 48-hours from the date of delivery.
•    The buyer can ask for a replacement of an entire product or parts of the product subject to availability of the same with Angelfish
•    The buyer may ask Angelfish for replacement of products that he or she bought on Angelfish only.

 

22. The following products shall not be eligible for return or replacement:

•    Products damaged due to their misuse by the buyer;
•    Products that have suffered incidental damage due to their malfunctioning;
•    Consumable items that have been used or installed;
•    Products whose serial or UPC numbers have been tampered with or are missing;
•    Products that have suffered damage or have defects that are not covered under the manufacturer's warranty; or
•    Products that are returned without all the original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered.


Disclaimer: Any decision on the 48-hours replacement guarantee on product/s sold on Angelfish.co.in is at the sole discretion of Angelfish and that decision shall be final and binding. Angelfish reserves the right to alter or withdraw from the 48-hours replacement guarantee at any time without giving any intimation of any nature to the buyer.

 

23. Cancellation of Order

In cases where Angelfish is not able to meet the requirement of an order placed or an order so placed/cancelled does not comply with the Angelfish policy or for any other reason, Angelfish reserves the right to cancel any order without any explanation for doing so. Angelfish will, however, ensure that all instances of orders so cancelled are intimated within appropriate time to the concerned buyer/person and any refund, if applicable, will be made within reasonable time.

 

24. Limitation of Liability

Under no circumstances shall Angelfish be liable for any special, incidental, indirect or consequential damages of any kind in connection with this agreement, even if Angelfish is given advance information of the possibility of such damages.


We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, if a cardholder exceeds the preset limit mutually agreed by us with our acquiring bank from time to time.


This document is based on the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

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