Terms and Conditions

The website www.abra-ka-dabra.com, the Mobile Application Abra Ka Dabra, the brand Abra Ka Dabra (collectively “Abra ka Dabra”), all Trademarks, Copyrights and other Intellectual Property Rights in them, belongs to Asvi Kritajna Private Limited (hereinafter “Company”), a Company incorporated under the Companies Act, 2013.

By clicking on “I Agree”, “I Agree to the Terms and Conditions”, “I Agree to the Privacy Policy” or any other similar phrase, the User gives his/her consent to the Terms and Conditions and Privacy Policy of the Company.

Legal Relationship
1. By using any of the Services of the Company i.e use of the Website, Application, etc., the User hereby agrees to the terms and conditions contained herein, which constitute a binding Agreement between the User and the Company.
2. The User must be a person above the age of 18 years. The User affirm that he/she is more than 18 years of age and are fully able and competent to enter into the present terms & conditions, affirmations, representations, and warranties set forth herein, and to abide by and comply with them.
3. If the User is under 18 years of age, then he/she must not use the Service. He/she may place/book any Order/Service through a parent or guardian, using their account.
4. If the User does not agree with the Terms and Conditions contained herein, he/she may not use the services of the Company and withdraw himself/herself from the Mobile Applications and the Websites.
5. At any time the Company reserves the right to amend/change, replace or supplement the terms and conditions contained herein. The Users are advised to check the same on regular basis. In case of any conflict between the existing and supplementary terms and conditions, the latter shall prevail over the former. Any change shall become effective as and when the same is uploaded on the Website/Application. The continued use of the services by the User shall amount to their consent of the same.
6. The Company further reserves the right to terminate the terms and conditions, and suspend the use and access of the User to the Services, if:
  1. The User has violated, or is about to violate, any terms or conditions contained herein,
  2. The User is found to be unqualified under the relevant law or policies of the Company or its affiliates.
7. Some specific services may carry specific terms and conditions which shall be in supplementary to the terms and conditions contained herein. In case of any conflict, the specific terms and conditions shall prevail.
The Services
1. The Company provides an Online Platform to the Users, through Websites, Mobile Applications, etc., on which the Users will be able to avail the following services, subject to the terms and conditions contained herein and any law, rule, regulation etc., for the time being in force:-
  1. The Users (“Givers”) shall be able to upload/list any item or product, not declared or considered to be illegal, immoral, unethical etc., by providing the requisite information without mentioning any monetary consideration for the item or product uploaded/listed.
  2. The Users (“Receivers”) shall be able to browse and search for various products or items uploaded by the “Givers” and place a request to the Givers for the delivery or pick-up of the same as per their mutual understanding.
  3. The Users shall be able to make payments through third-party payment gateways to the Company under the “Pay as you wish” section, as a completely voluntary contribution towards the free of cost Services provided by the Company.
2. The Users hereby acknowledge and understand that the role of the Company is limited to providing an Online Platform to the Users to give and receive the items or products without any monetary consideration.
Listings
1. The Users may upload/list any item or product which cannot be considered to be illegal, immoral or unethical. The Users are bound to state truthfully the description, condition and other particulars of the product or item so uploaded. If any discrepancy is brought to the notice of the Company, it shall have the right to take off/delete such listing. However, the Company shall not be liable to any User in any manner whatsoever for any discrepancy in the listing and the actual product or item delivered.
2. The Company further reserves the right to take off/delete any listing, product or item in its sole discretion, without any notice to the User.
3. The Company may, at is sole discretion, limit the number of requests a User may make within a particular time frame, without any prior notice.
4. The specific terms and conditions of the specific Service will be mentioned on the listing page itself, which shall be in supplement to the present terms and conditions.
Transactions
1. The Users, both Receivers and Givers, are free to agree upon the terms and conditions of the transaction including but not limited to the mode of delivery, place of delivery, pre-verification or examination, etc. It shall be the sole duty of the Users to decide and agree upon the terms and conditions of the Transaction, to which the Company shall not be a party or involved in any manner whatsoever.
2. Any request placed by the Receiver shall be considered to be an offer, which may be accepted or rejected by the Giver, at its sole discretion. Mere placement of the request on the Website or Mobile Application shall give no right to any User to claim execution of the same.
3. Upon placement of the request, an acknowledgment may be sent by the Company, which shall only confirm that it has forwarded the User’s request and shall not constitute acceptance of the request.
4. The sole responsibility of the Delivery of the product or item shall be that of the Users. The Company is not involved in the deliveries in any manner whatsoever. The Users are free to choose and transact with any delivery partner, with which it shall enter into a separate agreement, to which the Company shall not be a party.
5. The Users undertakes that he/she shall use the Services for his/her personal use only and not for any business or commercial purposes.
6. The Users acknowledges that the Company has no control over such transactions.
“Pay as you wish” Payment Terms
1. Any payment made to the Company shall be considered to be a voluntary Contribution towards the free of cost services provided by the Company. It is hereby declared by the Company that such payments are not against the requests placed by the Users and the Company bears no liability or responsibility against the same.
2. The payments are accepted through third party payment gateways by using different payment methods viz. credit card, debit card, net banking, UPI, mobile wallets etc.
3. All polices, guidelines, terms, conditions, of the third party payment gateways, statutory authorities, Reserve Bank of India or any Law for the time being in force shall apply to such online payments.
4. The User shall bear the sole risk of making such payment through any online mode and the Company shall not be liable for any loss or damage arising out of any failed transaction, delayed payment, loss of information, password, User ID, or any other monetary loss of any kind whatsoever. The User may take up the matter and avail his/her remedies with the third party payment gateway or his/her bank.
5. All payments made to the Company shall be non-refundable.
User Account
1. To avail the Services of the Company, the User shall be required to create a personal service Account (“Account”).
2. For the purposes of the Account registration, the User shall be required to provide certain personal information like name, contact number, Email ID, location, age, gender, social media accounts details etc.
3. The User hereby agrees to provide true and updated information for his/her Account. False personal information shall lead to permanent suspension of the Account and access to the services of the Company.
4. The safety and security of the personal information, payment related details, User ID and Password shall rest with the User only.
5. One User shall be entitled to create only one Account.
6. A User Account may be deactivated or permanently suspended by the
7. Company
8. , in case it receives any complain against the User regarding any illegal, immoral or unethical activity.
9. A User Account may also be deactivated or permanently suspended in case there is no activity on the Account for more than 24 months.
10. The Company reserves the right to deactivate or permanently suspend any Account for any reason in its sole discretion or deny the creation of Account to any User. A User cannot claim any vested right in the Account created or a right to create the Account.
Alerts
1. The Company may send text messages, promotional offers, information, Emails, Whatsapp message etc., on the Mobile number and Email ID provided by the User.
2. The Company may also send push notifications on its Mobile Apps, which shall be displayed only if the notification setting allows for the same.
3. The proper receipt of the SMS/Email/Push notification shall depend upon the infrastructure available with the Company, and network connectivity. The Company shall not be liable for any loss or damage suffered by the User due to improper receipt of the SMS/Email/Push notification.
4. By creating and signing up for the User Account, the User hereby consents to the receipt of such SMS/Email/Push notification.
License to Use Website & Mobile Application
1. Unless otherwise stated, the Company and/or its licensors own the Intellectual Property Rights in the Website, Mobile Application, material on the Website & Mobile Application etc. Subject to the license below, all these intellectual property rights are reserved.
2. The User may view, download, and print pages, user manuals, or other product/service information from the website for his/her own personal use, subject to the restrictions set out below and elsewhere in these Terms and Conditions -
  - Republish material from this website or mobile application (including republication on another website), sell, rent or sub-license material from the website or mobile application
  - Show any material from the website or mobile application in public
  - Reproduce, duplicate, copy or otherwise exploit material on this website or mobile application for a commercial purpose
  - Edit or otherwise modify any material on the website or mobile application
  - Redistribute material from this website or mobile application except for content specifically and expressly made available for redistribution.
Acceptable Use
1. The Users shall not to host, display, upload, modify, publish, transmit, store, update or share any information that,—
  1. belongs to another person and to which the user does not have any right;
  2. is defamatory, obscene, pornographic, pedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  3. is harmful to child;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
  7. impersonates another person;
  8. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
  9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
  10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
2. The User must not use this website/mobile application in any way that causes, or may cause, damage to the website/mobile application or impairment of the availability or accessibility of the website/mobile application, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
3. The User must not use this website/mobile application to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
4. The User must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website/mobile application without the Company’s express written consent
5. The User must not use this website/mobile application to transmit or send unsolicited commercial communications.
6. The User must not use this website/mobile application for any purposes related to marketing without Company’s express written consent.
Service Availability

Although the Company shall endeavor to provide seamless access to its websites and mobile application, however, due to the nature of the internet it may be interrupted due to the reasons beyond its control. Moreover, the User’s access to the Website and mobile Application may also be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
Posts, Reviews, Comments

The User may be allowed to post comments, suggestions, posts, reviews, etc. on the website and mobile application, which shall not violate the present terms and conditions or any law for the time being in force.

In case any post, comment, review, suggestion, is found to be offensive, insensitive, indecent, unlawful, racist, disparaging, infringing of any intellectual property right, harmful, defamatory, invasive of someone’s privacy, hateful, misleading, harmful to the website or mobile application, or against any law for the time being in force, such comment, review, post, suggestion shall be removed without any notice by the Company.
Limitations of Liability
1. The Company shall not be liable to the User (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website/mobile application:
  - To the extent that the website/mobile application is provided free-of-charge, for any direct loss
  - For any indirect, special or consequential loss
  - For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
  These limitations of liability apply even if Company has been expressly advised of the potential loss.
2. The Company shall neither be liable nor responsible for any actions or inactions of Third Party Service Providers nor any breach of conditions, representations or warranties by any Third-Party Service Provider. The Company hereby expressly disclaims any and all responsibility and liability in this regard. The Company shall not mediate or resolve any dispute or disagreement between the User and any Third-Party Service Provider including the Delivery Partner.
3. The Website or Mobile Application may contain links to external third-party websites, apps or services. The Company does not guarantee, approve or endorse the information or products available on such third-party websites, apps or services, nor does a link indicate any association with or endorsement of the linked website, app or service.
4. The User understands that the Company provides an Online Platform to the public to give away their items/products and neither owns, nor operates or manages any of the item/product on its Website or Mobile Application.
Indemnity

The Users hereby indemnify the Company and undertake to keep the Company indemnified against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by the Company to a third party in settlement of a claim or dispute on the advice of the Company’s legal advisers) incurred or suffered by the Company arising out of any breach by the User of any provision of these Terms and Conditions or any Law, rule, regulation, guidelines etc.
Breaches

Without prejudice to the Company’s other rights under these Terms and Conditions, if the User breach these Terms in any way, the Company may take such action as it deems appropriate to deal with the breach, including suspending the User’s access to the website/mobile application, prohibiting the User from accessing the website/mobile application, blocking computers using User’s IP address from accessing the website/mobile application, contacting User’s internet service provider to request that they block the User’s access to the website/mobile application and/or bringing court proceedings against the User.
Assignment

The Company may transfer, sub-contract or otherwise deal with its rights and/or obligations under these terms and conditions without notifying the User or obtaining his/her consent. The User may not transfer, sub-contract or otherwise deal with his/her rights and/or obligations under these Terms and Conditions.
Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement

These Terms and Conditions, together with the Company’s Privacy Policy, constitute the entire agreement between the User and the Company in relation to the User’s use of this website/mobile application, and supersede all previous agreements in respect of User’s use of this website/mobile application.
Law and Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with Indian law, and any disputes relating to them shall be subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka only.
Changes to Our Terms of Use

If the Company decides to change its Terms and Conditions, it will update the Terms and conditions modification date below.