TERMS AND CONDITIONS OF ACCESS OR USE
This document is an electronic record in terms of Information Technology Act, 2000 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.
These Terms govern your use of this Website; by using this Website, you accept these Terms in full. If you disagree with these Terms or any part of these Terms, you must not use this Website.
Please review these Terms carefully before using the Services because they affect your rights. By using any of the Services, you accept these Terms and agree to be legally bound by them.
2. RIGHT TO CHANGE:
We reserve the right to discontinue or change any service or feature on the Website at any time and without notice.
3. YOUR RESPONSIBILITIES/LIABILITIES:
You may use the Website for lawful purposes only. You may not submit or transmit through the Website any material, or otherwise engage in any conduct that:
i. violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
ii. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic descriptions, or accounts of, sexual acts;
iii. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
iv. impersonates any person, business or entity, including the Company and its employees and agents;
v. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
vi. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
viii. You may not use the Website in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of Website. You may not attempt to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means. We may take any legal and technical remedies to prevent the violation of this provision and to enforce the Terms.
You may not use the Website or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk communications (including but not limited to e-mails and instant messages). You may not harvest information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use the Website to violate the terms of this section. We may terminate your access or use of the Website immediately and take any other legal action if you, or anyone using your access to the Website violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our computer or communications networks.
5. PROPRIETARY RIGHTS
a. We, our suppliers, and our users who lawfully post text, messages, information, software, images, audio and video, etc. ("Content") on the Website own the property rights to that Content. The Content is protected by international treaties, and by copyright, trademark, patent, and trade secret laws and other proprietary rights. For example, we own a copyright in the selection, organization, arrangement, and enhancement of the Content, as well as in our original Content. The look and feel of our colour combinations, button shapes, and other graphical elements on the Website are our trademarks.
b. This Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics and its reproduction is prohibited.
6. LICENSE TO USE
a. Unless otherwise stated, the Company and/or its licensors own the intellectual property rights in the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
b. You must not:
i. republish material from this Website (including republication on another Website);
ii. sell, rent or sub-license material from the Website;
iii. show any material from the Website in public;
iv. reproduce, duplicate, copy or otherwise exploit material on this Website for a commercial purpose; re-distribute material from this Website except for content specifically and expressly made available for redistribution;
v. Where content is specifically made available for redistribution, it may only be redistributed within your organization; and/or
vi. Any such use of the Website and/or its material, otherwise which shall be opposed by us.
c. On request of registration information from you to set up a user account, you must provide us with accurate and complete information and must update the information when it changes.
d. You are responsible for maintaining the confidentiality of your user account login names and passwords, and must not permit use of your account by anyone.. You accept responsibility for all activities, charges, and damages that occur under your account, including unauthorized use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use.
e. Sweepstakes, contests, and promotions on the Website may also have additional rules and eligibility requirements, such as certain age, amount of purchase, geographic area restrictions, etc. You are responsible for complying with these rules and requirements.
a. The Company shall charge fees for subscribing to complete access to the services made available by the Company. This shall be valid for the period as per the subscription plan selected through the Website by the subscriber.
b. A subscription can only be deemed to have completed once the following condition has been met:
i. The Company has been paid in full for their services and can confirm this by providing evidence of cleared funds from the concerned subscriber in the Company bank account.
a. Any transaction both effected and completed through the Website or otherwise will apply to such Terms. At this point, both parties are subject to the Terms.
b. Unless otherwise stated, all payments are quoted in Indian Rupees. You are responsible for paying all fees as well as all applicable taxes for services of the Website.
c. Further, we are not responsible for any loss or damage arising directly or indirectly to you due to lack of authorization for any/a transaction, exceeding the preset limit mutually agreed by you and between your bank/s, or any payment issues arising out of the transaction, or decline of transaction for any other reason/s. using third party banking/money exchange services.
d. We reserve the right to cancel any subscription at Company’s sole discretion. However, we will ensure that any communication of cancellation of subscription, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
9. TRANSACTION PRICE:
The price of the goods and/or services availed for purchase by the buyer shall on every transaction of the buyer additionally include, if applicable, Goods and Services Tax (GST), the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof and any other amount charged by the Company.
10. CANCELLATION AND REFUND POLICY:
a. You can request for cancellation of a subscription and request for refund only via e-mail sent to ___________________. However, acceptance of cancellation/refund requests shall be at the Company’s discretion and dependent on the cancellation cut-off time and the subscription of the plan by You.
b. In event of any refunds, the refund shall be credited in the mode of payment used by You within 15 (Fifteen) working days of the request for cancellation and notification of such successful initiation either by telephone call or e-mail by the Company.
c. We shall not be liable in any manner for any misuse or usage of any information, in case of any electronic device returned with such information.
d. The Company shall not provide any refund/alternative for lost sessions due to default of the subscriber or if the subscriber does not want to pursue the subscription for reasons such as including without limitation dissatisfactory content, disinterest, forgetfulness, unavailing/not using the services for any reason whatsoever, sudden lack of attentiveness, personal reasons. However, pre-recorded sessions may be provided at the sole discretion of the Company.
11. LOGISTICS PARTNER:
The Company appointed logistics partner shall provide various services such as collection and delivery of items, collection of the transaction price from the buyer in case of cash on delivery or such other services that the Company may require. In such services being provided by the logistics partner, it is to be understood that the Company shall be not be held liable for any act of default by the respective logistics partner.
12. WEBSITE SECURITY RULES:
a. Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mail bombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
b. This Website is designed for parties who can legally make binding contracts under applicable law. Therefore, minors are allowed to use, access, or register as a user on this Website with guardian or parental permission.
c. You are also expected to follow all laws and regulations that may be associated with any of the activities involved with the use of the Website. You are also expected to pay for any statutory fees or applicable taxes that may be associated with the activities from this Website.
13. PUBLIC ACCESSIBLE CONTENT:
Certain areas of the Website may allow you to post content that can be accessed and viewed by others, including the public in general. You may only post content to public areas on the Website that you created or that you have permission to post. You may not post content that violates the Terms. We do not claim ownership of any content that you may post. However, by submitting content to public areas of the Website, you grant us, our affiliates, and distributors the right to use, copy, display, perform, distribute, adapt and promote this content in any medium.
You agree that we are not liable for the content that is provided by others. We have no duty to pre-screen content, but we have the right to refuse to post or to edit submitted content. We reserve the right to remove content for any reason, but we are not responsible for any failure or delay in removing such material.
15. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property of others. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact us to report the possible copyright infringement.
Website may include links to third party Websites, including links provided as automated search results. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. These links do not mean that we endorse these third party sites or services. You acknowledge and agree that we are not responsible or liable for any Content or other materials on these third party sites. Any dealings that you have with advertisers found on Website are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser. You may not create a link to this Website from another Website or document without the Company’s prior written consent.
17. DISCLAIMER OF WARRANTIES:
a. We provide the Website “as is” and “as available.” We make no express warranties or guarantees about the Website. To the extent permitted by law, we and our suppliers and affiliates disclaim implied warranties that the Website and all software, Content, services and products distributed through the Website are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing.
b. Without prejudice to the generality of the foregoing paragraph, we do not warrant that:
i. this Website will be constantly available, or available at all; or
ii. the information on this Website is complete, true, accurate or non-misleading
c. Nothing on this Website constitutes, or is meant to constitute, advice of any kind.
18. LIMITATION OF LIABILITY:
Your sole and exclusive remedy for any dispute with us is to discontinue your use of the Website. Our liability, or the liability of our affiliates and our suppliers for any and all claims relating to the use of the Website is limited to the amount of charges/fees, if any, paid by you to the Company for a specific service. We, our affiliates, and our suppliers shall not be liable for any direct, indirect, special, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising (in any manner whatsoever, including but not limited to negligence) out of or in connection with the Website, services provided by the logistics partner, services provided through the payment gateway on the Website or any other services of the Website arising from your use of, inability to use, or reliance upon Website. The Company, its associates, affiliates, service providers and technology partners make no representation or warranties about the accuracy, reliability, completeness and/or timeliness of any content, information, software, text, graphics, links or communications provided or on through the use of the Website or that the operation of the Website or the Logistics partner will be error free and/or uninterrupted. The company provides no guarantee to its users in respect of the products sold on the Website. We assume no liability whatsoever for any monetary or other damage suffered by you due to delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website.
Upon a request by us, you agree to defend, indemnify, and hold harmless us and our affiliated companies, and our respective employees, contractors, officers, directors, and agents from all liabilities, claims, demands and expenses, including attorney's fees, and penalties imposed, if any, that arise from your use or misuse of the Website, breach of the Terms including rules and policies incorporated herein under any applicable law.
20. INTERNATIONAL USE:
We make no representation that the Content on the Website is appropriate or available for use in locations outside India, and accessing it from territories where the Content is illegal and/or prohibited. If you choose to access the Website from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
a. Without prejudice to the Company’s other rights under the Terms, if you breach these Terms in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your Internet Protocol address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
b. Further, it is clarified that unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.
This contract and any supplemental terms, policies, rules and guidelines posted on Website constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Your right to use the Website automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Website. We also reserve the right, in our sole discretion, to terminate your access to all or part of the Website, for any reason, with or without notice.
24. GOVERNING LAW AND JURISDICTION:
a. These Terms and all claims arising from or related to your use of the Services will be governed by and construed in accordance with the laws of India and Courts in Mumbai shall have the exclusive jurisdiction.
b. Notwithstanding any other provision of these Terms, we may seek injunctive or other equitable relief from any court of competent jurisdiction.
a. We shall not be liable by reason of failure or delay in the performance of our obligations under the Terms if such failure or delay is caused by acts of God, war or any other cause beyond its control and without our fault or negligence provided.
c. No changes to these Terms shall be made except by a revised posting on this page.
If you do not agree to these Terms, you should immediately stop using the Website. If you want to delete your account on the Website, please use contact instructions posted on the Website at which you obtained the account.