Terms and Conditions
Buying and Checkout through iCANaquarium.com
Version update and changelog
Version 2.1 – 08 July 2022: Updated “Product Usage” Section.
Version 2.0 – 25 December 2021: Added “Transactions” and “Customer Communications”.
Version 1.0 – Created and published on 10 September 2021.
1. OVERVIEW
This Terms of Service Agreement (“Agreement”) is entered into by and between Aquatic Habitat, India (called “Company”) through its website https://icanaquarium.com (called “Website”) and any person (called “Buyer”) who is processing a purchase through the website. This Agreement is an electronic acceptance that signifies that the Buyer has read, understood, acknowledged, and agreed to the below Terms and Conditions (T&Cs). The terms “we”, “us” or “our” shall refer to Company. The terms “you”, “your”, “User” or “customer” shall refer to any Buyer or any entity who accepts this Agreement, use our Site, has access, or uses the Services. Nothing in these T&Cs shall be deemed to confer any third-party rights or benefits. The suppliers of products and goods are Associate Dealers or Authorized Dealers of the Company and could be referred also as Store/ eStore through the Website.
The company may, in its sole and absolute discretion, change or modify the below T&Cs, and any policies or agreements incorporated herein, at any time. Such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
2. ELIGIBILITY
By using the Website to make a purchase you agree that you are legally binding contracts under the applicable laws. By purchasing through the Website, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of India or other applicable jurisdiction.
If you agree to the T&Cs on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained below, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity as the Buyer. Either the true representation or the false representation of legal authority for personal or group purchases shall entitle you as personally responsible for impact due to the use of our products and services.
3. RULES OF USER CONDUCT
By purchasing through the Website you agree that
3.1 you have read & understood and you agree to the eStore Policies which are seen inside the relevant tab on the listing page of every product.
3.2 all your future communications about this Order shall be humble and respectful with the Company and its Associate Dealers (called “Dealers”).
3.3 all your future communications about this Order shall be only with the Company or Dealers.
3.4. you cannot resale the products in their own packaging or a third-party customized packaging unless specifically authorized in writing by the Company.
3.5 you will not be using the purchased product from the Website to harm yourself or others by any means. You agree to be aware of the product being purchased and agree to use it for the right purpose as specified on this website.
3.4 neither the Company nor any of its affiliate Dealers nor their or their affiliate’s officers, employees, or agents shall be liable for any loss, damage, or expense arising out of use, misuse or abuse of any OZPOLISH Products purchased through this website or any site linked to it including, without limitation, any loss in any form of indirect, incidental or consequential loss.
3.5 you understand that you alone shall be responsible for any result due to accidental usage of the ordered product, by you or anybody else.
3.5 orders once placed may not get cancelled by the Buyer.
3.6 the Company or Dealer doesn’t provide any warranty or guarantee on the purchase of a product through the Website.
3.7 as neither the Company nor the website manages the Online ‘Offers & Retail Policies’, the Company/ Website is not responsible for any Buyer’s buying experience through any eStore.
3.8 the Buyer is aware that eStore Policies covering Return, Refund, Cancellation is managed by the eStores. eStore Policies are inside the relevant tab on the list pages of each of the products.
4. PAYMENTS
You acknowledge and agree that your payment will be charged and processed by the Dealers. You agree to pay any, and all prices and charges that are obtained at this Website at the time you order any product. You understand that B-2-B Orders could have additional charges and before placing the Order you have clarified the details with the respective Store/ Dealer. You also agree that the Company or Dealers could cancel your unpaid or ineligible orders, with or without informing you. The company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Website and effective immediately without need for further notice to you.
Refund Policy: for products and services eligible for a refund. You may check the Refund Policy in the eStore Policies. You understand that Refund cannot be initiated if you placed an Order without login. Hence login could be mandated to place an Order.
5. TRANSACTIONS
The Buyer completes a Cash-on-Delivery (CoD) transaction with an understanding that all such (COD) transactions below ₹999/- are being charged for an additional amount of ₹50/-.
The Buyer completes a UPI transaction with an understanding that all such transactions (Pay thru UPI) shall be processed further only after the payment is confirmed as received by the dealing Store for that Order. The Buyer understands that the UPI Transaction details need to be submitted after the payment page proceeds. Until the Store confirms and updates the status of the Order the status will be maintained as on-hold.
The Credit/ Debit Card transaction is done through Stripe Payments Gateway. Before proceeding with a Card Payment, the Buyer admits that s/he is aware that the transaction is being managed between Stripe and Buyer’s Bank. Instances of failure/ issues or surprises, for e.g. completion of payment without any OTP or Two-Factor Authentication, could be due to the way the Buyer’s owning bank processes that transaction. In such cases, the Buyers understand and agree to reach out to the owing bank for better clarifications. In such cases, but not limited to, the Company/ Website/ Associate Dealers/ Partners are not responsible for any issues with the Card Payment. The Buyer confirms his/ her awareness of the information provided on the Stripe Support Page (https://support.stripe.com/questions/background-on-indian-government-regulations-affecting-card-payments).
6. THIRD-PARTY TOOLS
Each Channel may use Third-Party Tools & Platforms (TPTP) to ensure that the Buyers have the optimal buying experiences with them.
7. COLLECTION OF BUYER INFORMATION
To execute the Business-2-Consumer (B2C)/ Business-2-Business (B2B) transactions, the Dealers/ TPTP may need to collect the personal information of Buyers and any other information such as, information related to banking transactions that were used to Submit an Order, etc. To the best of our understanding, the personal information of Buyers should never be transferred to a party who is directly or indirectly not associated with us. Though a Buyer should double-check with the dealing Dealer on the Privacy Policy that the Dealer has in place. The personal information could include, but is not only limited to, name & contact information. The personal information could be reused by us, or by the Dealers for future awareness creation and promotion of our products. Any banking information is not saved, unless explicitly required or done so by a Dealer or TPTP or by the Buyers, for the ease of any future transactions. The use of buyers’ personal information is controlled by the Privacy Policy.
To connect with the Authorized Dealer over Email:
To connect with the Authorized Dealer over Whatsapp:
8. PROMOTIONS
The website provides various promotional attractions that are at the Buyers’ discretion to accept or avail. It is the Company’s decision to execute or terminate any promotion, such as Coupons or Points at any point in time without intimating the Buyers. In case of the termination of promotion for Points the accumulated Points may not necessarily be staying valid. The Website collects the email IDs of the eStore Visitor/ Buyer. It is the Buyer’s discretion to opt-in for promotional mailers. This defaults to checked-in, but being an optional input, unchecking it will not stop the Buyer from placing an Order. By keeping the “Add me to the promotional mailers” (as shown below), the Buyer authorises the Company to approach the agreeing Buyer through any communication channels for future promotions. The collection of contact information and its usage by the Company is covered through the Privacy Policy.
9. NO THIRD-PARTY BENEFICIARIES
Nothing in these T&Cs shall be deemed to confer any third-party rights or benefits.
10. PRODUCT USAGE
The Buyer agrees that the users of the OZPOLISH Products are fully aware of its usage. As the usage is beyond Company’s control, Aquatic Habitat or its Associates are not liable for any issues arising out of the use of the products. The Buyer agrees to be aware of the product usage and accepts all risks of usage, storage, and application of the products by its user. In case the Buyer is not clear and needs more information and understanding, it could be found on the specific product page. Alternatively, Support could be contacted before starting using the product.
The month of manufacture is usually mentioned on the product packaging. It is the responsibility of Supplying Store/ Dealer to ensure the product sold is not expired. In case the Buyer receives a supply already expired, or expiring in the next three months, s/he could raise a concern with the Dealer for the supply of a replacement. The delivery ETA of replacement may not be necessarily guaranteed.
11. CUSTOMER COMMUNICATIONS
In continuation of above Point #8, the Buyer might receive emails from the Company/ the Website/ the Associate Dealers/ third parties like CusRev and Google, for sharing the Reviews on the Product/ Buying Experience/ Store. The Buyer understands that the Review policy is applicable.
12. DEMAND FOR RECORDS
In case of any Demand for any relevant or available information/ details/records since the last year, the Buyer agrees to cooperate with the Company and the Associate Dealers by supplying the same.
13. COMPLIANCE WITH LOCAL LAWS
The company makes no representation or warranty that the products sold through this Website are appropriate in every country or jurisdiction, and access to this Website from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules, and regulations.
14. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed per the laws of India, Karnataka, to the exclusion of conflict of law rules. Any disputes are subject to the local court of the Company.
15. DISPUTES
The Buyer agrees to settle any disputes related to buying experiences directly with the related vendor. Disputes concerning buying experiences could include but are not limited to Order Status, Product Shelf-life, Packaging, Dispatch, Order Return/ Refund/ Replace/ Cancel, and Payments. All legal disputes shall be subject to the vendor’s local jurisdiction.
16. MODIFICATION
The Company may at any time, in its sole discretion and without liability could modify the buying terms and conditions without declaring with public or private notification. This page could be checked for the changelog briefed in the version updates.
Thank you for your interest in OZPOLISH Products for Aquariums, Artificial Ponds, and Aquaculture. For everything else, please contact us through Get In Touch option on this website.