Terms & Conditions

1. GENERAL

•  The terms and conditions for usage of the Abbas Optical Platform as set out herein (“Terms of Use”) specifically govern your access and use of the Abbas Optical Platform, which provides a forum for you to inter alia enables you to discover, select and buy Products listed on Abbas Optical Platform at the indicated price at any time, from the locations serviceable by us.
• Please note that we may from time to time change the Terms of Use that govern your use of the Abbas Optical Platform. Every time you wish to use our Abbas Optical Platform, please check these Terms of Use to ensure you understand the terms and conditions that apply at that time. Further, please note that we reserve the right to either change the format and the content of the Abbas Optical Platform or suspend the operation of the Abbas Optical Platform for support or maintenance work, in order to update the content or for any other reason, at any time.
• Any accessing, browsing, or otherwise using the Abbas Optical Platform indicates your agreement to these Terms of Use, the privacy policy of Abbas Optical Platform, and any other policies or guidelines that may be applicable on the Abbas Optical Platform at the time of your access and usage of the Abbas Optical Platform and which may be updated from time to time (collectively, the “Agreement”).
• This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as may be 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.
• We authorize you to view and access the Abbas Optical Platform solely for identifying Products, carrying out purchases of Products, and processing returns and refunds, in accordance with Return and Refund Policy, therefore, grant you limited, revocable permission to access and use the Services.
• By accepting this Agreement, you affirm that you are 18 (Eighteen) years of age or above and are fully competent to enter into this Agreement and to abide by and comply with this Agreement. If a user is below 18 (Eighteen) years of age, it is assumed that he/she is using/browsing the Abbas Optical Platform under the supervision of his/her parent or legal guardian and that such user’s parent or legal guardian has read and agrees to the terms of this Agreement, including terms of purchase of Products on behalf of the minor user. In the event we are made aware that a user is under the age of 18 and is using/browsing the Abbas Optical Platform without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such user’s account without further notice. Further, if you are using the Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity and that such entity accepts this Agreement.

2. REGISTRATION OF YOUR ACCOUNT

• In order to purchase Products on the Abbas Optical Platform and/or avail of the Services, you will have to register on the Abbas Optical Platform. Registration is a one-time process. You will be eligible to further access and avail of the Services only upon receipt of a confirmation email from us after filling in the necessary forms and after providing the necessary details as may be required by us at the time of your registration.
• You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the login credentials of your account on the Abbas Optical Platform and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You shall remain solely liable for all the actions undertaken through your account.
• You will: (a) immediately inform us of any unauthorized use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. We, our employees, agents, directors, and officers will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to us or any other user due to unauthorized use of their account by you. We reserve the right to refuse access to the Abbas Optical Platform, terminate accounts, remove or edit content at any time without notice to you.

3. COMMUNICATION AND UNSUBSCRIPTION

By accepting the Terms of Use, you also accept the news, updates, offers/campaign-related SMS, to the mobile phone number provided by you. By accessing and using the Abbas Optical Platform and/ or verifying your contact number with us, you explicitly consent to receive such communications (through call, SMS, email, or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

• You can unsubscribe/ opt-out from receiving marketing/ promotional communications, newsletters, and other notifications from us at any time by following the instructions set out in such communications.

4. DISCLAIMER OF WARRANTIES, INACCURACIES, OR ERRORS

We will try to ensure that all information and recommendations, whether in relation to the Products, Services, offerings, or otherwise (hereinafter “Information”) provided as part of this Abbas Optical Platform are correct at the time of inclusion on the Abbas Optical Platform. We do not guarantee the accuracy of the Information. We make no representations or warranties as to the completeness or accuracy of Information.

• You agree that Information is being supplied to you on the condition that you will make your own determination as to the suitability of such information for your purpose prior to use or in connection with the making of any decision. No Information on the Abbas Optical Platform shall constitute an invitation to invest in us or any affiliates. Any use of this Abbas Optical Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees nor agents shall be liable for any loss, damage, or expense arising out of any access to, use of, or Abbas Optical upon, this website, the Information, or any third-party website linked to this Abbas Optical Platform. We are not responsible for the content of any third-party sites and do not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third-party platforms, you are doing so entirely at your own risk and expense.
• As means to assist the users in identifying the Products of their choice, we provide visual representations on the Abbas Optical Platform including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics, and other visual aids. While reasonable efforts are made to provide an accurate visual representation, we disclaim any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to users. The appearance of the Product when delivered may vary for various reasons.
• Nothing contained herein is to be construed as a recommendation to use any Product, process, equipment or formulation, in conflict with any patent, or otherwise and we make no representation or warranty, express or implied that the use thereof will not infringe any patent, or otherwise.
• We do not covenant or provide any representations and warranties:
• in respect of quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose/consumption or the content (including Product or pricing information and/or specifications) on Abbas Optical Platform;
• that the Services will be made available at all times; and
• that the operation of Abbas Optical Platform, including the functions contained in any content, information, and materials on Abbas Optical Platform or any third-party sites or services linked to Abbas Optical Platform will be uninterrupted, or that the defects will be rectified, or that Abbas Optical Platform or the servers that make such content, information and materials available are free of viruses or other harmful components.
• THIS ABBAS OPTICAL PLATFORM AND THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, FOR OURSELF AND ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE ABBAS OPTICAL PLATFORM, THE INFORMATION OR ANY PRODUCTS OR SERVICES TO WHICH THE INFORMATION REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• Disclaimer -To the extent permitted by applicable law, We, our officers, agents, employees, and directors, disclaim any liability against any loss, damage, expenses, liabilities, claims, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorized access, theft, destruction, alteration or use of records on the Abbas Optical Platform.

5. AVAILABILITY AND ACCESSIBILITY OF ABBAS OPTICAL

• We control and operate this Abbas Optical Platform from India and make no representation that the materials and the content available on the Abbas Optical Platform are appropriate to be used or will be available for use in other locations outside India. If you use this Abbas Optical Platform from outside India, you are entirely responsible for compliance with all applicable local laws. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
• Information that we publish on the world wide web may contain references or cross-references to our Products, Programs, and Services that are not announced or available in your country. Such references do not imply that we intend to announce such products, programs, or Services in your country. Consult our local business contact for information regarding the Products, programs, and services that may be available to you.
• We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and we reserve the right to recover the cost of goods, collection charges, and lawyer fees from persons using the Abbas Optical Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Abbas Optical Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, we reserve the right to immediately delete such an account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.

6. THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

• In your use of Abbas Optical Platform, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or members or sponsors of Abbas Optical Platform or access any other third-party website linked to the Abbas Optical Platform. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase, or promotion, is solely between you and the applicable third party. You agree that we have no liability, obligation, or responsibility for any such correspondence, purchase or promotion, access, or usage of any third-party website and the contract under such instances remains between you and any such third party.

7. COPYRIGHTS IN ABBAS OPTICAL CONTENT

• The Abbas Optical Platform contains material, including text, graphics, and sound, which is protected by copyright and/or other intellectual property rights (“Abbas Optical Content”). All copyright and other intellectual property rights in the Abbas Optical Content are either owned by us or have been licensed to us by the owner(s) of those rights so that it can use the Abbas Optical Content as part of Abbas Optical. We retain copyright on all Information, including text, graphics, and sound, and all trademarks displayed on the Abbas Optical Platform are either owned by or licensed to us.
• You may use and display the Abbas Optical Content on your personal computer only for your personal use subject to the grant of a limited, revocable, personal, non-exclusive, and non-transferable license to you by us when you register on the Abbas Optical Platform, only for identifying Products, carrying out purchases of Products and processing returns and refunds in accordance with our Return and Refund Policy and for using and printing copies of the information on the Abbas Optical Platform for your personal use and store the files on your computer for personal use only and not for business purposes.
• You may not: (a) copy (whether by printing off onto paper, storing on disk, downloading, or in any other way), distribute (including distributing copies), download, display, perform, reproduce, distribute, modify, edit, alter, enhance, broadcast or tamper with in any way or otherwise use any Abbas Optical Content contained in the Abbas Optical Platform. These restrictions apply in relation to all or part of the Abbas Optical Content available on the Abbas Optical Platform; (b) copy and distribute the Information on any other server, or modify or re-use text or graphics on this system or another system; (c) reproduce any part of the Abbas Optical Platform or sell or distribute the same for commercial gain nor shall it be modified or incorporated in any other work, publication or web site, whether in hard copy or electronic format, including postings to any other web site; (d) remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from Abbas Optical Platform; or (e) link any other material to the Abbas Optical Platform, without our express written consent.

• The license granted to you does not include a license for (a) resale of Products or commercial use of the Abbas Optical Platform or Abbas Optical Content, (b) any collection and use of product listings, description, or prices, (c) any use of Abbas Optical Platform, the Services and/or of Abbas Optical Content other than as contemplated in these Terms of Use, (d) any downloading or copying of login credentials of the user, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of Abbas Optical Platform, and (f) creating and/ or publishing your own database that features parts of the Abbas Optical Platform.
• If you believe that your intellectual property rights have been used in a way that raises concerns of infringement, please write to us at info@abbasoptical.com and let us know of your concerns.

8. TRADEMARKS

All the trade names associated with us and all Products and logos denoted with TM are trademarks or registered trademarks of us or our affiliates. Our trademarks may not be used in connection with any product or service that is not our product or service.

9. LICENSE AND USE OF YOUR CONTENT

• You grant to us a royalty-free, perpetual, irrevocable, non-exclusive right and license to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on the Abbas Optical Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim overall feedback, comments, ideas or suggestions or any other content provided through or on the Abbas Optical Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including the execution of deeds and documents, at your request.
• You agree that we do not routinely monitor your postings on Abbas Optical Platform but reserves the right to do so. However, if we become aware of inappropriate use of the Abbas Optical Platform or any of its Services, we will respond in any way that, in its sole discretion, we deem appropriate. You acknowledge that we will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the internet.
• Submissions and unauthorized use of any materials contained on the Abbas Optical Platform may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your username and/or password. As such, you shall indemnify and hold us and our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Abbas Optical Platform or the use of the Abbas Optical Platform by any person using your user name and/or password (including without limitation your participation in the posting areas or your Submissions) violates any applicable law or regulation, or the rights of any third party.
• We reserve the right to terminate access to this Abbas Optical Platform at any time and without notice. Further, this limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms of Use which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Use shall survive the termination or expiration of the Terms of Use.

10. USER WARRANTIES AND RESTRICTIONS

• You represent and warrant that: (a) your use of Abbas Optical Platform and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to us in connection with Abbas Optical Platform and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Agreement and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, we will have the right to reject the registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify us and our affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
• You will use Abbas Optical Platform for lawful purposes only and will not undertake any activity that is harmful to Abbas Optical Platform or its content or otherwise not envisaged through the Abbas Optical Platform. You have a limited license to access and use Abbas Optical Platform, solely for the purpose of availing the Services, subject to these Terms of Use.
• You will not do any of the following:
• Delete or modify any content on Abbas Optical Platform, such as any information regarding the Services, their performance, sales, or pricing;
• Use any engine, software, tool, agent, or other mechanisms (such as spiders, robots, avatars, worms, time bombs, etc.) to navigate or search Abbas Optical Platform;
• Make false or malicious statements against the Services, Abbas Optical Platform, or us;
• Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Abbas Optical Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Abbas Optical Platform and/or the Services;
• Introduce any trojans, viruses, any other malicious software, any bots or scrape Abbas Optical Platform for any information;
• Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
• Hack into or introduce malicious software of any kind onto Abbas Optical Platform;
• Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
• Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
• You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing on or through Abbas Optical Platform, any information that:
• belongs to another person and to which you do not have any right;
• is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
• harms minors in any way;
• infringes any patent, trademark, copyright, or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
• impersonates or defames another person; or
• contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource.

11. INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Abbas Optical Platform or the Services, violation of these Terms of Use, or infringement of any of our or any third party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

12. APPLICABLE LAW AND JURISDICTION:

 These Terms of Use are governed by and to be interpreted in accordance with laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree, in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the Abbas Optical Platform whether in contract or tort or otherwise, to submit to the jurisdiction of the courts located at Mumbai, India for the resolution of all such disputes.

13. GRIEVANCE OFFICER:

In accordance with the applicable law, any grievances which you may have with respect to the information shared by you with us hereunder and its treatment or any grievance related to Services being availed hereunder may be directed by you to such grievance officer at the below-mentioned coordinate:

Name: Abbas Ali

Designation: Grievance Officer

Email Address: abbas.ali@abbasoptical.com

Registered Office: Abbas Opticals Pvt Ltd. 56, 243, Peter’s Road, Royapettah, Chennai, Tamil Nadu 600014

14. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

15. WAIVER

No provision in these Terms of Use will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

16. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.

17. AMENDMENT

These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Abbas Optical Platform. Your relationship with the Abbas Optical Platform will be governed by the most current version of these Terms of Use, as published on Abbas Optical Platform.

18. MISCELLANEOUS

• In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between itself and any such third parties.
• These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the use of Abbas Optical Platform, and the rights and liabilities with respect to any Services to be provided by us shall be limited to the scope of these Terms of Use.

19. NODAL OFFICER

 Name: Prabhu Raj

Designation: Nodal Officer

Email Address: prabhu.raj@abbasoptical.com

Registered Office: Abbas Opticals Pvt Ltd. 56, 243, Peter’s Road, Royapettah, Chennai, Tamil Nadu 600014