Asian Paints - Terms of Use

This document is an electronic record in terms of 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.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the www.asianpaints.com website (“Website”).

 

The Website is owned and operated by Asian Paints Limited ("Asian Paints"), whose principal office is at 6-A, Shantinagar, Santacruz (East), Mumbai - 400055. Asian Paints Limited is incorporated under the Indian Companies Act, 1913 as was then applicable.

 

Please read these terms and conditions carefully before you start to use the Website. By accessing and using this Website and/or services and/or any portion thereof, you agree that you accept (unconditionally and irrevocably) these terms and conditions and applicable policies included by way of reference (the 'Agreement') and agree to be bound by them. If you do not agree to these terms and conditions, please refrain from using our Website and exit immediately. If you transact on the Website, you agree to and shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, you shall be contracting with Asian Paints and these terms and conditions, including the policies constitute your binding obligations, with Asian Paints.

 

By accessing and/or transacting on the Website, you represent and warrant you possess the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein. You also acknowledge and agree that, unless we specifically provide otherwise, this Agreement only applies to this site and our online activities, and does not apply to any of Asian Paints’ offline activities.

 

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who accesses the Website or has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User or Guest User using the computer systems. Asian Paints permits User to access and view the contents of the Website or make purchases without registering on the Website. The term "We", "Us", "Our" shall mean Asian Paints Limited.

 

When You use any of the services provided by Us through the Website, including but not limited to User reviews, Product reviews, etc., prevailing rules, guidelines, policies, terms, and conditions applicable to such service shall apply and shall be deemed to be incorporated into and considered a part and parcel of these Terms of Use.

 

 

 

Modification of Terms:

 

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these without any prior notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website. Your continued use of the Website subsequent to any change in these terms and conditions implies your acceptance and agreement of the modified Agreement.

 

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESETERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.  IF YOU DO NOT AGREE WITH ANY PROVISION OF THIS AGREEMENT THEN PLEASE EXIT THE WEBSITE.

 

License Grant

 

Subject to your full compliance with these Terms of Use, Asian Paints Limited grants you a non-exclusive, non-transferable, limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Asian Paints Limited and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools. 


 

This Website or any portion of this Website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Asian Paints Limited and / or its affiliates, as may be applicable. 
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Asian Paints Limited without express written consent. You may not use any meta tags or any other "hidden text" utilizing Asian Paints Limited's or its affiliates' names or trademarks without the express written consent of Asian Paints Limited and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Asian Paints Limited. 


 

 

Eligibility to Use

 

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Our notice or if it is discovered that you are under the age of 18 years.

 

 

Access to the Website

 

We aim to ensure that availability of the Website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed and we reserve the right to withdraw or amend the service we provide on the Website without notice. Also, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. We will not be liable if for any reason our Website is unavailable at any time or period.

 

 

User Account

 

We provide free membership to our services through the creation of User Accounts controlled by User names and Passwords. If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your account and password and for maintaining restricted access to your computer or smartphone or tablet or like device to prevent unauthorized access to your account. If you use the Website as a Guest User, it is your responsibility to ensure any transaction is carried out in a secure manner to prevent any unauthorized access to your personal information being entered for the transaction through your system.

 

You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you. You can access and update information you provided us on the Website.

 

 

Electronic Communications

 

You agree that by using of the Website or by sending emails or other information or communication to us, you agree and understand that such communications to us are through electronic records. You consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

 

Privacy

 

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information / data provided to us by you during the course of usage of the Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to any condition in the Privacy Policy governing our use of your information, please do not use the Website.

 

 

E-Commerce Platform

 

You agree, understand and acknowledge that the Website is also an online platform that enables you to purchase products listed on the Website at the price indicated therein at any time from any location. You further agree and acknowledge that Asian Paints shall endeavor to fulfill all orders received and deliver the products as far as practical in accordance with the terms of the order. In the event, Asian Paints fails to deliver the products, or unduly delays in the delivery or otherwise fails to complete the order, Your sole remedy is to obtain partial or full refund of the amount paid by you for that order, as is deemed appropriate under the relevant circumstances.

 

 

Sale of Products on the Website

 

You agree and understand that any order placed on the Website is an offer to us to buy the product(s) listed in the order.

 

An order placed on the Website to any purchase any product that is listed in the Website as being capable of being purchased through the E-Commerce platform will be acknowledged by an e-mail confirming the details of the order and Our receipt of the same. The acknowledgement e-mail does not constitute acceptance of the order by Asian Paints and is not a contract of sale.

 

It is possible that items for which orders are placed are unavailable, even though the Website states otherwise. Any amounts received for unavailable items shall be refunded via the same payment mechanism as they were received; provided if an unavailable item can be delivered at a later date, Asian Paints shall provide you the option to accept the later delivery in lieu of a refund.

 

An order is considered accepted and constitutes a contract of sale only upon your receipt of an e-mail informing you of the dispatch details of the ordered product. The dispatch details shall provide details of the delivery mechanism and concludes a contract of sale between you and Asian Paints for the ordered products. You agree and understand that dispatch estimates are merely best estimates of delivery but they are not guarantees.

 

Whether or not you place orders using a registered User Account or Guest User Account, you will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.

 

You authorize us to keep records of all orders placed by you and to provide details thereof to any governmental agency or other person as may be required by applicable law or valid order.

 

Any cancellation of orders or returns shall be in accordance with applicable policies, that are deemed incorporated herein by reference.

 

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.

 

 

Payments

 

We accept major credit cards, and the credit card holder must be the purchaser of the products offered on the Website. The Website may use third party payment providers or other payment mechanisms to receive payments from buyers on Asian Paints behalf. We are not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. Asian Paints takes utmost care to work with third party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers. You agree that Asian Paints will not be liable in any manner for any issue relating to such payment mechanisms

 

 

Limitations on Use

 

You agree to use this Website solely to determine the availability of goods and services and make legitimate reservations or transact business with us. You agree to use the Website only for personal, non-commercial use. You agree to use the Website's services to make only legitimate purchases. You agree to all of our terms and conditions of purchase, including, but not limited to, full and timely payment of all amounts due and compliance with all rules concerning availability of products, or services. All fees, assessments, charges, taxes and duties arising out of use of the Website are your sole responsibility.

 

You agree to not abuse the Website. 'Abuse' includes, without limitation, using the Website to:

  • Defame, harass, stalk, threaten, abuse or otherwise violate others' rights as defined by applicable law.
  • Engage in any fraudulent, criminal offense, or civil violation, or any unlawful activity under any applicable law.
  • Harm or interfere with the operation of others' computers and software in any respect, including, without limitation, by uploading, downloading or transmitting corrupt files or computer viruses.
  • Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading or transmitting materials or software.
  • Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
  • Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information.
  • Download or upload files that are unlawful to distribute through the Website.
  • Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell, or transfer works deriving from the Website.
  • Cause an excessively large load on the infrastructure of the Website.
  • Falsely use a password or personal identification number during logging into the Website, or misrepresent one's identity or authority to act on behalf of another. Violate this Agreement in any other manner.
  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies).
  • You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk e-mail to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy 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 notice. In addition, we can (and you hereby expressly authorize 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.

 

 

User Generated Content

 

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."

 

You understand and agree that we are not responsible or liable for any User Generated Content. All User Generated Content which you may decide to exchange, submit, provide or upload, will not be reviewed in advance by us - we reserve the right (but not obligation) to remove, refuse, delete or edit any content any User Generated Content for any reason deemed fit by us, including but not limited to the User Generated Content being unlawful or in breach of this Agreement and any other applicable Policies, or in the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content.

 

You understand and agree that our discretion in relation to the same shall be final and binding upon you. we ask that you flag or inform us in accordance with our Notice-and-take down Procedure, if you become aware of (potentially) unlawful infringing, and/or offensive content exchanged, provided or uploaded by others. You agree to indemnify us from and hold us harmless against any and all claims from third parties relating to the User Generated Content.

 

 

License to User Generated Content

 

If you do post content or submit material, and unless we indicate otherwise, you 


 

(a)   grant Asian Paints Limited a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

 

(b)  Asian Paints Limited and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose.

 


You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content.

 

 

Copyright and Trademark Notices

All Rights Reserved

 

Asian Paints reserves all rights to its Intellectual Property displayed on or contained in the Website and, except to the extent stated in this Agreement, nothing herein constitutes or implies authorization to use any Asian Paints Intellectual Property in any manner.

 

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Asian Paints Limited, its affiliates or its content suppliers and is protected by India and international copyright laws. The compilation of all content on this website is the exclusive property of Asian Paints Limited and its affiliates and is protected by laws of India and international copyright laws. All software used on this website is the property of Asian Paints Limited, its affiliates or its software suppliers and is protected by India and international copyright laws. 
You may not systematically extract/ or re-utilize parts of the contents of the website without Asian Paints’ express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Asian Paints’ express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Asian Paints’ express written consent.

 

ASIAN PAINTS, ASIANPAINTS.COM, AP LOGO, and other marks indicated on our website are trademarks or registered trademarks of Asian Paints or its subsidiaries (collectively "Asian Paints"), in India and/or other jurisdictions. The graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Asian Paints, and such trademarks and trade dress may not be used without written authorization from Asian Paints in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Asian Paints.

 

 

Colour Depictions

 

All colours displayed on the website are subject to variation based on the resolution of the computer. Asian Paints is not liable for any shade variations and is not responsible for any purchase decision based thereon.

 

 

Disclaimer of Warranties and Limitation of Liability

General

 

Your access to and use of software and other materials on, or through, this Website is solely at your own risk. We make no warranty whatsoever about the reliability, stability or virus free nature of such software.

 

We have taken reasonable steps to ensure the information provided by us on this Website is accurate at the time you view it. However, we cannot and have not checked the accuracy of all information provided by outside sources for example by the providers of other information, or of other parties linked to or from the Website.

 

Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed or act upon any of its contents.

 

Disclaimer of Warranty

 

To the maximum extent permitted by applicable law, we disclaim all warranties relating to the information, software, products and services contained in this web site. All such information is provided 'as is' without warranty of any kind. We hereby disclaim all warranties and conditions with regard to this information, software, products and services contained in this web site including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

 

Limitation of Liability

 

Asian Paints will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other loss when you commenced using the Website.

 

In no event will Asian Paints be liable for any direct, special, indirect, incidental, consequential (including among other things loss of revenue or profits), punitive, or exemplary, damages of any kind or subject to equitable or injunctive remedies (whether based on breach of contract, tort, negligence, strict liability or otherwise) arising out of:

 

  • Access to, or use of this web site, or delay or inability to use this web site, or any information contained in this web site; or,
  • The availability and utility of products and services

 

Nothing in this limitation of liability shall exclude liabilities not permitted to be excluded by applicable law. Any rights not expressly granted herein are reserved by us.

 

 

Indemnity

 

You shall indemnify and hold harmless Asian Paints, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party. 
You hereby expressly release Asian Paints and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise. 

 

 

 

Circumstances beyond Asian Paints’ Reasonable Control

 

To the extent permissible by law, we will not be held responsible for any delay or failure to comply with our obligations under these conditions, including delays by logistics partners, if the delay or failure arises from any cause, which is beyond Asian Paints’ reasonable control.

 

Waiver

 

Asian Paints failure to take action on any breach committed by You will not affect their rights or remedies under this Agreement with respect to any subsequent reach, and nothing in this Agreement implies otherwise.

 

 

No Agency

 

None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Asian Paints and you shall have no authority to bind Asian Paints in any manner whatsoever.

 

Notices

 

Except as explicitly stated otherwise, any notices shall be given by postal mail to Asian Paints at Asian Paints Limited, 6-A, Shantinagar, Santacruz (East), Mumbai - 400055  or at the email address customercare@asianpaints.com. Notices by us to you will be provided on the email you provide to us during the registration process (in your case). Notice through postal shall be deemed given 3 days after the date of mailing and for e-mails 24 hours after e-mail is sent, unless the sending party is notified that the email address is invalid.

 

Severability

 

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

 

Customer Care

 

For feedback/complaints, write to Marketing Manager – Services at the Asian Paints Limited, 6-A, Shantinagar, Santacruz (East), Mumbai – 400055 or email us at customercare@asianpaints.com.

 

Governing Law and Jurisdiction

 

These conditions are governed by and construed in accordance with the laws of India.

 

Any dispute or difference relating to the website shall be referred to the Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any statutory re-enactment of the same. Reference shall be made to three Arbitrators, wherein, each party shall appoint one Arbitrator and the two appointed arbitrators shall in turn jointly appoint the third Arbitrator. The venue of the Arbitration shall be Mumbai and the language of the Arbitration shall be English.

 

Any legal actions pertaining to this web site shall be commenced within the competent courts in Mumbai to the exclusion of all other courts.

 

 

Notices of Infringement or Objectionable Content

 

If you believe that your rights are being infringed, you may inform us of the same in the following manner to our customer care at customercare@asianpaints.com:

1)     Full Name and Details of Complaining Party

2)     Address and Contact Details of Complaining Party

3)     Description of Objectionable Content and its location on the Website (or snapshot of relevant page), including Product name and code, if applicable, so as to enable us to easily locate the objectionable content.

4)     Description of the objection to the afore-mentioned content e.g. Infringement of IP, defamation, etc. to enable us to assess the validity of the claim.

5)     Statement of truth -  "I represent that the information in this notification is true and correct and that I am the intellectual property owner or authorized to act on behalf of the intellectual property owner for the rights described above”

6)     Signature of the Complaining Party or authorized agent.

Upon receipt of a Complaint we shall assess the validity of the complaint and may take certain actions, including removing information or an item, all of which do not constitute any admission as to liability and are without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, you grant us the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display the complaint. This includes forwarding the Complaint to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Asian Paints for all claims brought by a third party against Asian Paints arising out of or in connection with the Complaint and any action taken pursuant thereto.

 

Image