1. USE OF THE PLATFORM
Welcome to www.armadilo.in including the related mobile site and other applications (collectively the “Platform“).
The Platform and “Armadilo & Be defiant” is a trademark owned by Armadilo MC Tec, a proprietorship firm with its registered office 119, Ansa Industrial Estate Saki Vihar Road, Andheri (E), Mumbai, – 400072, Maharashtra (hereinafter referred to as “Armadilo“).
By accessing the Platform or use of the Platform and services and your conduct, regardless of the means of access (from a computer or mobile phone device, through an iOS or Android application, for example) you are acknowledging, without limitation or qualification, to be bound by the following terms and conditions (“Terms of Use“) as applicable to the Platform, whether you have read the same or not. These Terms of Use also govern all the products offered on the Platform.
Accessing, browsing or otherwise using the platform indicates your unconditional agreement to all the Terms Of Use including the applicable policies such as the privacy policy, shipping policy and cancellation, refund and return policy (collectively the “Policies“) which may be incorporated, modified and amended from time to time herein by way of reference, so please read this agreement carefully before proceeding.
If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform. You are responsible to ensure that your access to this Platform and material available on or through it are legal in each jurisdiction, in or through which you access or view the platform or such material.
Armadilo reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users. If Armadilo decides to change the Terms of Use or Policies, Armadilo will post the new version of the Terms of Use or the Policies on the Platform and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Platform. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Policies and any other applicable rules and guidelines, including their dates, to understand the terms and conditions that apply to your use of the Platform.
For the purposes of these Terms of Use, “User” or “You” is any person or any entity/organisation that accesses the Platform for any purpose, regardless of whether such person has accessed or used the Platform for free or whether the said person is a paying customer for a specific product or service provided by the Platform. The term “We”, “Us”, “Our” shall mean Armadilo.
2. USER ACCOUNT
Transaction on the Platform 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 in-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent or legal guardian.
We assume that any minor, if at all, accessing our Platform is under the supervision of their legal guardian or parents. The Platform or its associates do not knowingly collect information from minors. The Platform reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to notice or if it is discovered that the User is under the age of 18 years and transacting on the Platform.
You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge and agree that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
If you are accessing, browsing and using the Platform on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Platform resulting from such access or use of the Platform in whatsoever nature
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Armadilo.
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, in our sole discretion, to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform without prior notice.
You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Platform. We shall maintain the information provided to us in accordance with our Privacy Policy.
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.
You agree that Armadilo or the Platform shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.
If You share or allow others to have access to Your account on the Platform (“Account“), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
3. Payment Policy
Payment is an integral part of an online shopping experience. All transactions at www.armadilo.in are protected by SSL (Secure Sockets Layer) and Secure Data Encryption using a 2048-bit process. Any information you enter when transacting with Armadilo is sent in a Secure Socket Layer (SSL) session and is encrypted to protect you against unintentional disclosure to third parties. This is an assurance that it follows the best security practices adopted by major online vendors where all payments are processed in real-time for your security and immediate peace of mind. You can tell your browser is in secure mode in the “Checkout” by looking for the padlock icon in the bottom corner or at the end of the address bar of your browser window.
We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net-Banking etc. The Website may also offer industry-leading solution for Cash on Delivery.
Product prices listed are current, however these are subject to change without advance notice. All payments for purchases made by You on the Website shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by Armadilo, You will be sent a notification by email or SMS at the email address or mobile number provided to Us confirming receipt of payment. There may be limits to the amount of Cash on Delivery payments based on pin codes or the State in India where delivery is to be made. We reserve the right to withdraw or block or limit Your purchases using Cash on Delivery basis transaction history.
Users understand and acknowledge that all payments made by the Users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the User and the respective Issuing Bank and payment instrument issuing company.
4. Delivery Policy
- Shipping Address
Your shipping address and pin code will be verified with the database of Armadilo before You proceed to pay for Your purchase. In the event Your order is not serviceable by our logistics service providers or the area is not covered, we will request You to provide us with an alternate shipping address. You can make purchases on the Website from anywhere in the world but at the same time You must ensure the payment and shipping address is within India.
When You submit an alternative address for delivery, You are responsible for accepting and collecting the package from such alternative address. Confirmation from the logistics service provider of successful delivery to the alternative shipping address is deemed as acceptance of delivery by You and Armadilo will have no liability in this regard.
- Delivery Time
Deliveries timeframes are just estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.
- About Delayed Delivery
Sometimes, delivery may take longer due to:
- Bad weather.
- Transportation delays.
- Natural calamities.
- Political disruptions.
- Logistics service provider related challenges.
- Product lost in transit.
- Regional or national holidays, which are considered as delivery holidays.
- Other unforeseen circumstances or events beyond Our control or logistics service provider.
If the estimated delivery date has passed and You still have not received Your order, please contact us and we will take steps to track Your package. In such cases, we may also try to proactively contact You. Please check Your emails and SMS regularly for such updates.
We will not compensate for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. You may be informed by email or SMS at the email address or mobile number provided to Us if any product in the order is unavailable or is delayed or lost in transit.
- Shipping Charges
You may be required to pay Shipping Charges in addition to the order value amount. The shipping charges, if any, will appear at the time of checkout. All delivery charges are inclusive of service tax unless stated otherwise. Shipping Charges may vary for different pin code because of the increase in shipping cost or seller’s is located in a different area. Delivery charges will vary according to pin codes as well as type of product.
5. Membership
Membership on the Platform is free for buyers. Armadilo does not charge any fee for browsing and buying on the Platform. We reserve the right to change its Fee Policy from time to time. In particular, Armadilo may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Armadilo reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Armadilo.
6. Contents Posted on Platform
You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, “Content“). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, 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 on the Platform may be used by us, consistent with Our Privacy Policy as mentioned herein, and You are not entitled to any payment or other compensation for such use.
7. Privacy
We view of protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. If You object to Your Information being transferred or used in this way please do not use Platform.
We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.
8. Disclaimer of Warranties and Liability
The Platform, all the materials and products and services, included on or otherwise made available to You through the Platform are provided on “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, Armadilo does not warrant that:
- This Platform will be constantly available, or available at all;
OR - The information on this Platform is complete, true, accurate or non-misleading.
Armadilo, its founders, sponsors, advertisers, affiliates, officers, directors, employees, representatives, successors and assigns, will not be liable to You in any way or in relation to (i) the contents of, or use of, or otherwise in connection with, the Platform or (ii) for any injury, loss, claim or direct, indirect, special, punitive, incidental, special or consequential damages or any other damages, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, strict liability or otherwise, arising in any way out of the availability, use, reliance on, or inability to use the Platform even if Armadilo or its agents shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort (including negligence), or otherwise; or (iii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Platform.
Armadilo does not warrant that this site; information, content, materials, product or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Platform constitutes, or is meant to constitute, advice of any kind.
The Platform, services, content, user content and any third party content are provided by Armadilo on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Armadilo makes no warranty that (i) the Platform or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Platform or services will be effective, accurate or reliable; (iii) the quality of the Platform or services will meet your expectations; or that (iv) any errors or defects in the Platform or services will be corrected. No advice or information, whether oral or written, obtained by you from Armadilo or through the website / content or from use of the services shall create any warranty not expressly stated in these terms of use.
9. Return/ Replacement Policy
The return/replacement policy period depends on the product category. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s within 7 days of receipt of the product subject to the following terms and conditions:
Notify Us of any defects in the product/s at the time of delivery of the product/s and/or within 7 days/ the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with Us.
Following products shall not be eligible for return or replacement:
- damages due to misuse of product;
- incidental damage due to malfunctioning of product;
- products with tampered or missing serial numbers;
- any damage/defect which are not covered under the manufacturer’s warranty
- any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered.
If Armadilo has any suspicion or knowledge that any of its buyers are involved in any activity that is intended to provide claims or information that is false or not genuine, We may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity will not be allowed to return their products.
Armadilo reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Armadilo may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
10. Indemnity
You shall indemnify and hold harmless, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including 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, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
11. Trademark, Copyright and Restriction
This site is controlled and operated by Armadilo and products are sold by Armadilo. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform 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. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Platform or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
12. Grievance Officer
In case if you have any grievance, you can reach us at:
Email: [email protected]
Phone number: 022 3561 5745
13. Governing Law and Jurisdiction
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India and the courts in Mumbai shall only have exclusive jurisdiction to resolve any disputes.
Any dispute arising, between You and Armadilo shall be submitted to arbitration to be conducted in Mumbai, India in English language, in accordance with the Arbitration and Conciliation, Act 1996 by a sole arbitrator, who shall be appointed by Armadilo and the award made in pursuance thereof shall be binding on the parties.
14. Miscellaneous
No waiver: Armadilo’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.
Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and Armadilo as a result of these Terms of Use or from your use of the Platform or the Services.
Force Majeur: Armadilo shall not be liable for failures in performance, including delay or non-shipment, resulting from acts or events beyond its reasonable control.
Such acts or events shall include, but shall not be limited to, acts of God, civil or military authority, civil disturbance, pandemic, fire, strikes, lockouts or slowdowns, factory or labor conditions, inability to obtain necessary labor, materials or manufacturing facilities, delayed issuance of export control licenses, or other “force majeure” events beyond the reasonable control of the non-performing party.
In the event of such delay, the date of shipment shall, be deferred for a period equal to the time lost by reason of the delay and otherwise for a reasonable time.