Terms of Use

Introductions

By accessing, browsing, or utilizing this Website (www.afcindia.in), which is owned and managed by AFC System Pvt. Ltd, a company incorporated under the laws of India, with its registered office at A-23, SEC-68, NOIDA, Gautam Buddha Nagar, Uttar Pradesh, 201301 ("AFC", "we", "our", "us"), you acknowledge and warrant that you have read, understood, and agree to be bound by these Terms of Use ("Terms"). Unless the context otherwise requires, "AFC" shall include our successors and permitted assigns. If you do not agree with these Terms in their entirety, we respectfully request that you cease all use of the Website and exit the platform. Your continued use of the Website, including passive navigation or viewing any content, constitutes your conclusive acceptance of these Terms, as amended from time to time. Your use of this platform, the services provided herein, and any transactions initiated through the platform are strictly governed by the provisions outlined below.

We reserve the right to revise and update these Terms periodically at our sole discretion. All changes are effective immediately upon being posted on the Website with an updated "Last Updated" date. Your continued access or use of the Website following the posting of revised Terms constitutes your acceptance of such amendments. It remains your sole responsibility to review the Website periodically, as any such modifications are binding upon you.

Amendments to Terms

We may revise these Terms periodically and will provide notice of any significant changes. Continued use of the Website after updates indicates your acceptance of the revised Terms. If you do not accept the amendments, you should contact us at info@afcindia.in to express your concerns. It is your responsibility to stay updated with the latest version of these Terms.

1. User Eligibility

1.1 Legal Capacity: You must be at least 18 years old and legally competent to form a binding contract under the Indian Contract Act, 1872. By accessing or using the Website, you hereby represent and warrant that you meet these criteria and that you are not otherwise barred from receiving services under the laws of India or other applicable jurisdictions.
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1.2  Representation of Authority: If you are accessing the Website on behalf of a company, partnership,or other legal entity, you hereby represent and affirm that you possess the requisite legal authority to bind that entity to these Terms. In such cases,the terms "you" and "your" shall refer to both the individual user and the entity they represent.

2. Intellectual Property Rights

2.1  Ownership: All content on the Website, including but not limited to text, graphics, logos, button icons,images, audio clips, digital downloads, data compilations, designs, software, and the compilation there of (meaning the selection, coordination, and arrangement), is the exclusive property of AFC or its licensors. This property is protected byIndian and applicable international intellectual property laws.
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2.2   Limited License: Subject to your strict compliance with these Terms, AFC grants you a limited, revocable, non-exclusive, and non-transferable license to access and use the Website for its intended informational purposes. This license does not transfer any ownership interest to you.
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2.3   Use Restrictions:Exceptas explicitly permitted in Section 3 (Permitted Use), you may not copy, distribute, republish, mirror, frame, or create derivative works of any portion of the Website without the express prior written consent of AFC.

3. Permitted and Prohibited Use

3.1  Permitted Use: The Website is provided for informational purposes exclusively related to AFC’s products and services. Subject to your strict compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, and revocable license to access the Website. Materials may be downloaded or printed solely for your internal,personal, and non-commercial use. This permission is contingent upon your retention of all copyright, trademark, and otherproprietary notices contained in the original materials on anycopies made by you. Any reproduction, publication, modification, ordistribution of such materials without our express prior written consent isstrictly prohibited.

3.2 Prohibited Activities:

You expressly agree not to use the Website:

a. To modify, create derivative works of, or reproduce Website materials without prior written authorization from AFC.
b. To remove, obscure, or alter any copyright, trademark, or other proprietary notices from any Website content, including the removal of any digital watermarks or branding from product images.
c. In any manner that violates applicable national, state, or international laws and regulations.
d. To knowingly transmit, upload, or distribute harmful materials, including viruses, Trojan horses, worms, or other malicious software.
e. To breach or attempt to compromise the privacy, safety, or legal rights of other users.
f. To engage in any conduct that disrupts, overloads, or interferes with the proper working of the Website or its associated servers and networks.
g. To use any automated system, including robots or spiders, to "scrape" or monitor Website content without AFC’s express written consent.
h. To impersonate AFC, an AFC employee, or any other person or entity, or to provide false or misleading information through any web forms.

Any unauthorized use of the Website or its content shall constitute a material breach of these Terms. In the event of such a breach, AFC reserves the right, in its sole discretion, to immediately terminate your access without notice and pursue all available legal remedies, including injunctive relief and liability for damages.

4. Trademark Notice

The names, logos, slogans, trade dress, and designs displayed on this Website are trademarks owned by or licensed to AFC or its affiliates. These marks are protected under the Trade Marks Act, 1999, and international trademark treaties. Unauthorized use of these trademarks, or any marks that are confusingly similar, is strictly forbidden. The appearance of any third-party trademarks on this Website does not constitute an endorsement or a license to use such marks. The absence of a trademark symbol shall not be construed as a waiver of AFC’s intellectual property rights in any name, logo, or design.

5. Protection of Identifiers: You are expressly prohibited from removing, altering, or obscuring any digital watermarks, proprietary headers, or other identification marks embedded within the images and materials on this Website. Any attempt to circumvent such protective measures—including the use of image-editing software or AI-based tools to strip AFC branding—shall be deemed a material breach of these Terms and a violation of our intellectual property rights.

6. Product Images and Representations

‍6.1  Illustrative Nature: All images, photographs, 3D renderings, and visual representations of products displayed on the Website are provided for general illustration and informational purposes only.
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‍6.2  Variation Disclaimer:  You acknowledge that actual products may varymaterially from the images shown due to factorsincluding, but not limited to, digital colour reproduction, browser ordevice settings, natural material textures (such as wood grain or stone patterns), manufacturing tolerances, or periodic productdesign modifications. AFC does not warrant that theon-screen images will be an identical or exact representation of the final product delivered.
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‍6.2  Duty to Verify:  It is the User's responsibility to verify all technical specifications, dimensions, load-bearing capacities, colours, and finishes withan authorized AFC representative before placing a formal order. Reliance onWebsite imagery for precise architectural or interior matching is strictly atthe User's own risk.
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7. User Conduct Guidelines

As a condition of your accessing the Website, you expressly agree to:

a.   Maintain Integrity of Information: Provide only accurate, current, and truthful information in all communications and web forms. You shall not impersonate any person or entity or misrepresent your affiliation with any person or entity.
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b.   Security Notification: Notify AFC immediately at info@afcindia.in in the event you become aware of any unauthorized access, security breaches, or suspicious activity related to your interaction with the Website.
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c.   Compliance with Data Protection Laws: You agree that any personal data shared by you shall be governed by our Privacy Policy, and handled in accordance with applicable laws including the Digital Personal Data Protection Act, 2023.
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d.   Content Restrictions: Refrain from submitting, uploading, or transmitting any content that infringes third-party intellectual property rights, promotes illegal activities, or is libellous, harmful, defamatory, obscene, or misleading to any person or entity.
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e.   Non-Interference: Refrain from using the Website to harvest or collect email addresses or other contact information of AFC employees or other users by electronic or other means for the purposes of sending unsolicited communications.

8.  Availability and Maintenance

While we aim to keep the Website accessible, there may be times when services are temporarily unavailable due to maintenance or other reasons beyond our control. AFC is not liable for any loss arising from such interruptions.

8.1  "As-Is" Service: The Website and all content therein are providedon an "as-is" and "as-available" basis. While we strive to maintain continuous access, AFC does not warrantthat the Website will beuninterrupted, timely, secure, or error-free.
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8.2  Maintenance and Force Majeure: Access may be suspended or restricted due to scheduled or unscheduled maintenance, server upgrades, or other reasons beyond our reasonable control, including but not limited to network failures, cyber-attacks, or acts of God
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8.3  Limitation ofLiability: AFC shall not be liable for any direct, indirect, incidental, orconsequential loss or damage arising from such interruptions, downtime, or your in ability to access the Website for any reason whatsoever. We reserve the right to modify, suspend, or discontinue any aspect of the Website at any time without prior notice.

9. Feedback and Reviews

9.1   License Grant: Any feedback, reviews, suggestions, or comments submitted by users through the Website or via email shall be deemed non-confidential. By submitting such feed back, you hereby grant AFC a perpetual, irrevocable, world-wide, royalty-free, and fully sub-licensable right and license to use, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

9.2   No Compensation: Such use shallbe without any obligation of compensation, accounting, or attribution to you or any third party.
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9.3    User Warranty: By submitting feedback, you represent and warrant that

(i) You own or otherwise control all of the rights to the content you post;
(ii) The content is accurate; and
(iii) The use of the contentyou supply does not violatethese

Terms and will not cause injury to any person or entity. By submitting feedback, you represent and warrant that
(i) You own or otherwise control all of the rights to the content you post;
(ii) The content is accurate; and
(iii) The use of the content you supply does not violate these Terms and will not cause injury to any person or entity.

10. Disclaimer of Warranties

10.1   "As-Is"Basis: The Website, its entire content, and any services or items obtained through the Website are provided on an "asis" and "as available" basis, withoutany warranties of anykind, either express or implied.
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‍ 10.2  Statutory Disclaimers: To the fullest extent provided by law, AFC hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise,including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose, to the extent permissible under applicable law. 
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10.3   Specific Exclusions: Neither AFC nor any personassociated with AFC makes any warranty or representation with respect to thecompleteness, security, reliability, quality, accuracy, or availability of theWebsite. Without limiting the foregoing, AFC does not represent or warrant that: 

a.      The Website, its content, or any services obtainedthrough the Website will be accurate, reliable, error-free, or uninterrupted;
b.     That defects will be corrected;
c.      That our site or theserver that makes it available arefree of viruses or other harmfulcomponents; or
d.     That the Website or any services obtained throughthe Website will otherwise meet your needs or expectations. 
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‍10.4   User Risk: Your use of the Website, its content, and any services or items obtained through the Website isat your own risk. AFC will not be liable for any loss or damage caused by adistributed denial-of-service attack,viruses, or other technologically harmfulmaterial that may infect your computer equipment,computer programs, data, or other proprietary material due to your use of theWebsite.

11. Limitation of Liability

11.1   General Limitation: To the fullest extent permitted by applicable law, in no event will AFCSystem Private Limited, its affiliates, or their licensors, service providers,employees, agents, officers, and directors be liable for damages of any kind,under any legaltheory, arising out of or in connection with your use, orinability to use, the Website, any websites linked to it, any content on theWebsite, or such other websites. 
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‍11.2    Exclusion of Damages: This limitation includes, without limitation, direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use,loss of goodwill, or loss of data. This applies whether arising in tort (including negligence), breach of contract, or otherwise, even if for eseeable. 
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11.3   Absence of Liability for Free Services: You acknowledge and agree that because the Website and its content are provided to you free of charge for informational purposes, AFC shall have no liability to you for any loss or damage of any kind arising from your use of, or inability to use, the Website. To the maximum extent permitted by applicable law, AFC’s total cumulative liability for any claim related to the Website is hereby excluded, .
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‍ 11.4   Scope of Website Terms: The limitations in this Section 11 apply specifically to your use of the Website. Liabilities relatedto the purchase of physical products or professional services from AFC are governed by separate Sales Agreements or Purchase Orders and are not affected by this clause.

12. Indemnification

You agree to defend, indemnify, and hold harmless AFC, its affiliates, licensors, and service providers, and their respective officers, directors, employees, and agents from and againstany claims, liabilities, damages, judgments, awards, losses, costs,expenses, or fees (including reasonable attorneys' fees) arising out of orrelating to your violation of these Terms or your use of the Website, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms.

13. External Links

13.1  Third-Party Content: The Website may contain links to other third-party websites or resources that are not owned or maintained by AFC. These links are providedsolely for your convenience. The inclusion of any link does not imply anendorsement, sponsorship, or recommendation by AFC of the third party or itscontent.
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‍13.2   User Risk: You acknowledge and agree that you access third-party websites at your own risk. We make no warranties or representations whatsoever regarding the contents, privacy policies,services provided, or the information offered in such third-party sites.
 
‍13.3   Disclaimer of Responsibility: Consequently, AFC shall not be held responsible or liable, directly or indirectly, for the accuracy, copyright compliance, legality, security, or availability of material contained in sites linkedto this Website. We strongly advise you to read the terms and conditions and privacy policies of any third-party website that you visit.

14. Termination of Access

14.1   Right to Terminate AFC reserves the right, in its soleand absolute discretion, to terminate, suspend, or restrict your access tothe Website (or any part thereof) at any time. This may be done with or withoutprior notice, for any reason, including but not limited to:
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a.      Violations of these Terms;
b.     Security concerns or suspicious activity;
c.      Technical issues or maintenance requirements.
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‍14.2   Effect of Termination Upon termination, your licenseto use the Website and any permissions granted under these Terms shallimmediately cease. AFC reserves the rightto delete or deactivate your account and all associated data without any liability to you or any third party.
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‍14.3   Survival of TermsTheprovisions of these Terms which, by their nature, should continue to apply after your access is revokedshall remain in full force and effect.This includes, but is not limited to:
‍ a. Section 2: Intellectual Property Rights;
 b. Section 4: Trademark Notice;
 c. Section 10: Disclaimer of Warranties;
 d. Section 11: Limitation of Liability;
 e. Section 14: Governing Law and Jurisdiction.

15. Governing Law and Dispute Resolution

 These Terms shall be governedby and construed in accordance with the laws of India. 

Any dispute, controversy, or claim arising out of or in connectionwith these Terms, including any question regarding their existence, validity,or termination, shall be subject to the exclusive jurisdiction of the competent courts at Gautam BuddhNagar, Uttar Pradesh. 

You expressly consent to the jurisdiction of such courts and waiveany objection to such jurisdiction, including on grounds of inconvenience orforum non conveniens.

16. Severability and Waiver

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. No waiver by AFC of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AFC to assert a right or enforce any provision under these Terms does not constitute a waiver of such rights.

17. Contact Information

For any inquiries, you may reach us at info@afcindia.in

18. Acknowledgment and Consent

By accessing or using this Website, you hereby acknowledge that you have read, understood, and unconditionally agree to be bound by these Terms. Your access to and use of the Website is expressly conditioned upon your acceptance of these Terms. If you do not agree to these Terms, you must immediately cease all use of the Website.