1. INTRODUCTION:
1.1. These terms and conditions (“Terms and Conditions”) and all applicable Policies which are herein incorporated by way of reference govern your rights and obligations as an User (defined below) of the Platform(s) (defined below) while accessing and using the Platform(s) and/or availing the services on the Platform, as may be rendered by [WWW.ESHIKSHACHAUPAL.COM] aTeachersTouchstone Pvt Ltd incorporated under the provisions of the Indian Companies Act, 1956/2013, [•](“[WWW.ESHIKSHACHAUPAL.COM]”) through the application, mobile site i.e. [•] and/or the website i.e. [•] (hereinafter collectively referred to as the “Platform”) to User from time to time. Any reference to “You” or “User” or “User’s” in these Terms and Conditions, means you the User of the Platform, browsing and/or buying products listed by Sellers (defined below) on the Platform (“Products”).
1.2. As a User, your access to and use of the Platform are conditional upon your acceptance of and continuous compliance with these Terms and Conditions at all times. By accessing, browsing and/or using the Platform and/or availing any of the services, you agree to be bound by these Terms and Conditions and all rules, guidelines, policies, terms and conditions applicable to the Platform of the [WWW.ESHIKSHACHAUPAL.COM] (“Policies”), as may be modified by [WWW.ESHIKSHACHAUPAL.COM] from time to time, which shall be deemed to be incorporated in these Terms and Conditions by reference, unconditionally and at all times.[WWW.ESHIKSHACHAUPAL.COM] shall have the sole right to change, modify, add or remove these Terms and Conditions or any of its Policies relating to the Platform, at any time without any prior written notice or intimation. It is hereby clarified that each User shall be responsible for reviewing the Terms and Conditions and Policies on the Platform periodically and keep themselves updated.
2. USER ELIGIBILITY:
2.1. The services on the Platform are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Any person who shall be considered as incompetent to contract as per the provisions of the Contract Act including minors, un-discharged insolvents etc. are not eligible to use the Platform (“User”). Any person using the services on the Platform on behalf of a proprietor/ partnership/ firm/ [WWW.ESHIKSHACHAUPAL.COM], represents and warrants that it is duly authorized by the User to accept the Terms and Conditions and the Policies and that such person has the authority to bind the User to these Terms and Conditions and the Policies. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. We reserve the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to [WWW.ESHIKSHACHAUPAL.COM]’s notice or if it is discovered that you are under the age of 18 years.
2.2 All of the content in the Platform is made available only for User’s personal, lawful, non-commercial use in connection with seeking insurance, warranty and extended warranty contracts and/or other products and services offered by [WWW.ESHIKSHACHAUPAL.COM]. Use of the Site by a competitor company or other non-consumer third party is prohibited.
3. PRODUCTS / SERVICES ON THE PLATFORM:
3.1. The Platform is designated to digitally manage warranties for the products of the User through mobile phone, tablet and/or personal computer, including by entering the [WWW.ESHIKSHACHAUPAL.COM] website. In addition, the Platform shall allow User access to added value information as such information with respect to the upgrade of the products that were purchased by the User for which the User wishes to activate the warranty and digitally manage it (the “Product(s)“), the purchase of complementary products, etc. The User will be required to install the Platform i.e. [WWW.ESHIKSHACHAUPAL.COM] Application in his or her mobile phone, tablet and/or personal computer and/or log into the [WWW.ESHIKSHACHAUPAL.COM] Application through the [WWW.ESHIKSHACHAUPAL.COM] website.
3.2 {WWW.ESHIKSHACHAUPAL.COM] grants the User a personal, limited, non-exclusive, revocable, non-assignable, non-sub-licensable and non-transferable license to use the Platform, all subject to the terms of this Agreement. The Platform is designated to the personal and exclusive use by the User; any commercial use and/or use meant for profit making is strictly forbidden.
3.3 While using the Platform, the User is not allowed to: (i) transfer, distribute, share, pledge, assign, sub-license, sell or lease the Platform or his or her rights, directly or indirectly, commercially or non-commercially; (ii) copy, duplicate, change, alter, compile, decompile, disassemble, reverse engineer or make any changes in the Platform or any part of it; (iii) integrate the Platform with any third party product and/or software and/or any derivative creation without [WWW.ESHIKSHACHAUPAL.COM’s] prior written consent; (iv) operate any kind of data mining operation (including scrapping, harvesting, data collection, indexing and/or using robot, spider, scraper or any other automatic means that are meant to gain access to [WWW.ESHIKSHACHAUPAL.COM’s] database); (v) transfer or create, in connection with the Platform, any virus, warm, “Trojan horse”, “time bomb”, spyware or any other code, file or program which may cause, or are meant to cause, damage or take over the activity of any hardware, software or communication equipment, or any code or component or computer file that are, or are meant to be, harmful, disruptive or intrusive; (vi) discover the results of the Platform performance or use such results for the development of a competing application or software; (vii) transfer his or her password and/or username to any third party; (viii) create a database by systematically downloading content from the Platform; (ix) interrupt or disrupt the activity of the service, website, servers or networks that host the application or allow its activity, or disobey any demand, protocol or policy or any such servers and/or networks; (x) use the application for any need or goal which are forbidden by law, including for affecting other users’ privacy, copyright, etc.
3.4 [WWW.ESHIKSHACHAUPAL.COM] is entitled to change the Platform and/or its characteristics, design, scope, level of availability, in full or in part, in its sole discretion and without giving prior notice to the User. In addition, [WWW.ESHIKSHACHAUPAL.COM] will be allowed to release, from time to time, updated and upgrades to the Platform, but will not be obligated to do so. Such upgrades and/or updates will be released automatically without prior notice to the User or actively as part of a re-installation process by the User. By giving his or her consent to use the Platform in accordance with these Terms of Use, the User agrees that the provisions of these Terms of Use shall also apply to the use of the updated and/or upgraded application in accordance with them.
3.5 The Platform, including its design, code, graphic files, content, features, documentation, logo and trademarks are [WWW.ESHIKSHACHAUPAL.COM’s] exclusive intellectual property. All of [WWW.ESHIKSHACHAUPAL.COM’s] existing and/or depicted and/or related intellectual property rights, including copyrights without limitation, patents, trade secrets, trademarks, designs, etc. are [WWW.ESHIKSHACHAUPAL.COM’s] exclusive property and are protected by law. It is hereby clarified that nothing in this Agreement shall be constructed to transfer the User any right in the Platform except for a limited right to use it subject to these of Terms of Use, and nothing in these Terms of Use shall constitute a waiver of any of [WWW.ESHIKSHACHAUPAL.COM’s] intellectual property rights according to any law. [WWW.ESHIKSHACHAUPAL.COM] shall be entitled to use any legal and/or technological measure in order to prevent the breach of these Terms of Use, including the termination thereof and/or license granted without limitation. The User agrees that the information that he or she provided, including personal details, contact details and details of his or her Product(s), shall be owned by [WWW.ESHIKSHACHAUPAL.COM].
3.6 The Platform is provided by the [WWW.ESHIKSHACHAUPAL.COM] to its Users to buy Products/Services listed on the Platform by various sellers registered with [WWW.ESHIKSHACHAUPAL.COM] (“Seller”). It is hereby clarified that [WWW.ESHIKSHACHAUPAL.COM] is not a party to any transaction between the Users of the Platform and the Seller of the Products and shall not be responsible in any manner whatsoever for any representations made by a Seller on the Platform.
3.7 The information and material provided on the Platform is intended for general reference only, and may not describe all of the terms, conditions, and exceptions applicable to the products and services offered by [WWW.ESHIKSHACHAUPAL.COM] on this Platform. All coverages are subject to the terms and conditions of the insurance policies, extended warranty contracts and/or other products and services offered by [WWW.ESHIKSHACHAUPAL.COM]. Coverages and the terms and conditions of the insurance policies, extended warranty contracts and/or other products and services offered by [WWW.ESHIKSHACHAUPAL.COM] may vary by state and Your individual circumstances, and additional minimum coverage limits may be required in Your state. The products and services offered on the Site are only available in the jurisdictions in which We are properly licensed.
4. TERMS OF USE OF THE PLATFORM:
4.1. In the event the User wishes to be a registered user, he/she will be required to share personal details to access the Platform by registering on the Platform through creation of a unique user name and password (“Account”). You agree that you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your mobile to prevent unauthorized access to your Account when you use the Platform. You agree to accept responsibility for all activities that occur under your Account or password.
4.2. You hereby undertake that you shall take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
4.3. It is hereby clarified that all Products / Services listed by the Sellers and the content advertised are provided by the Sellers and are third party user generated content. The User agrees and acknowledges that it has had the opportunity to independently investigate, analyze and construe the business opportunity being offered under these Terms and Conditions.
4.4. The User does hereby specifically agree that it shall, at all times, comply with the requirements of the Information Technology Act, 2000 (“IT Act”) as also rules, regulations, guidelines, bye laws and notifications made there under, [while assessing or feeding any information/data into the computers, computer systems or computer network of [WWW.ESHIKSHACHAUPAL.COM]]. The User does further unequivocally declare that in case of any violation of any provisions of the IT Act and/or rules, regulations, guidelines, byelaws and notifications made there under, the User shall be solely responsible, at its sole cost and expenses for all acts, deeds and things and that the User alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
4.5. The User shall keep confidential; all information it receives by transacting on the Platform. Breach of this Section and terms of the Privacy Policy displayed on the Platform by a User will be considered a material breach and result in immediate discontinuation of the services provided by [WWW.ESHIKSHACHAUPAL.COM] to such User. Breach of confidentiality provisions by a User shall cause immediate termination and appropriate legal action being initiated against such User by [WWW.ESHIKSHACHAUPAL.COM].
4.6. The User acknowledges that it shall take all precautions as may be directed by [WWW.ESHIKSHACHAUPAL.COM] to ensure that there is no breach of security and integrity of the Platform. [WWW.ESHIKSHACHAUPAL.COM] shall not be responsible for any loss incurred by a User for a failed / incomplete transaction on the Platform.
4.7. The User acknowledges that [WWW.ESHIKSHACHAUPAL.COM] has no connection or interest whatsoever in the business of the Seller or the Products marketed by such Sellers and [WWW.ESHIKSHACHAUPAL.COM] does not in any manner take part in the business of the Seller, directly or indirectly, and is not responsible for the Products provided by the Seller. The User hereby acknowledges that before placing an order for a Product the User has performed a diligence and background check of the Seller and is entering into the transaction being aware of the Terms and Conditions. The User further acknowledges that services being provided by [WWW.ESHIKSHACHAUPAL.COM] on the Platform are being provided by it as an independent contractor, and [WWW.ESHIKSHACHAUPAL.COM] is in no manner acting as an agent of either the Seller or of the third party service provider.
4.8. The User acknowledges that the Platform shall provide information pertaining to other User’s availing the services on the Platform and information pertaining to [WWW.ESHIKSHACHAUPAL.COM]. The User hereby agrees that it shall not copy, modify or distribute or misuse any information provided on the Platform for its personal use or gain. The User acknowledges that [WWW.ESHIKSHACHAUPAL.COM] is the sole and rightful owner of the Intellectual Property and the User agrees not to register, use or file in its own name or in the name of any other person or [WWW.ESHIKSHACHAUPAL.COM] any trademarks same or similar or resembling in any manner the Intellectual Property and not to associate the Intellectual Property with its own business, except for the purpose as specified in these Terms and Conditions. In this regard “Intellectual Property” shall mean any and all property in any name, signature, word, letter, numeral or any combination thereof, Trademark, brand name, service mark, trade name, design, logo, know-how, trade secrets whether registered or not, belonging to [WWW.ESHIKSHACHAUPAL.COM].
4.9. The User further acknowledges that [WWW.ESHIKSHACHAUPAL.COM] may collect, transfer, store and use the information provided by such User on the Platform for the purpose of providing the services on the Platform.
4.10. The User acknowledges that [WWW.ESHIKSHACHAUPAL.COM]’s liability with respect to the services on the Platform shall be limited and shall be as per these Terms and Conditions.
4.11. The User agrees and confirms that the sole and exclusive responsibility and obligation of [WWW.ESHIKSHACHAUPAL.COM] is to ensure that the services on the Platform are being provided in compliance of all applicable laws, rules and regulations.
4.12. The User acknowledges that the services to the Platform may be interrupted while browsing, transacting, using or uploading information on the Platform. The User further agrees that [WWW.ESHIKSHACHAUPAL.COM] reserves the right to suspend the services, forthwith without assigning any reason whatsoever, at the sole discretion of [WWW.ESHIKSHACHAUPAL.COM].
4.13. The User agrees that, if it does not agree to the applicability of any of the Terms and Conditions and the Policies contained herein or other Policies on the Platform, then the only remedy a User shall have will be to not use the services and discontinue using its Account on the Platform. However, till such time that the User uses the Platform and avails the services on the Platform shall be deemed that the User agrees to and shall continue to adhere and abide by the Terms and Conditions and the Policies.
4.14. The User agrees and confirms that the payment gateway and, in the event the Sellers opts, logistic support services are being provided by [WWW.ESHIKSHACHAUPAL.COM] on a best efforts basis with all efforts to keep these valid and subsisting. [WWW.ESHIKSHACHAUPAL.COM] shall not in any manner be liable to a User for failure or delay in providing these services.
4.15. A User will be required to provide a valid phone number in order to avail the services provided by [WWW.ESHIKSHACHAUPAL.COM] on the Platform, including and not limited to placing orders for buying the Products / Services. By registering their phone number with [WWW.ESHIKSHACHAUPAL.COM], the User consents to be contacted by [WWW.ESHIKSHACHAUPAL.COM] via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates.
4.16. The User undertakes and agrees not to host, display, upload, modify, publish, transmit, update or share any information that:
(a)belongs to another person and to which a User does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) Harm minors in any way;
(d) Infringes any patent, trademark, copyright or other proprietary rights;
(e) Violates any law for the time being in force;
(f) Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) Impersonate another person;
(h) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
5. MODE OF PAYMENT FOR PURCHASE OF PRODUCTS BY A USER:
5.1. A User buying a Product using the Platform may make the payment using any of the payment methods available on the Platform. By purchasing a Product using the Platform, the User authorizes [WWW.ESHIKSHACHAUPAL.COM] or its authorized representatives to collect, process, facilitate and remit the payments to the Seller.
5.2. By purchasing the Products using the Platform and authorizing [WWW.ESHIKSHACHAUPAL.COM] to process the payment, the User agrees, accepts and understands that [WWW.ESHIKSHACHAUPAL.COM] as part of its services is only a facilitator providing an electronic, automated online electronic payment, receiving payment through cash on delivery, collection and remittance facility for the sale and purchase of the Products / Services.
5.3. The User understands that by ordering a Product using the Platform, the User is entering into a binding agreement with the Seller to purchase the Products / Services using the payment facilities available on the Platform.
6. DELIVERY OF PRODUCTS / SERVICES TO USERS:
6.1. You hereby acknowledge that the Seller has the option of delivering the Products within India on its own or availing delivery services rendered by the [WWW.ESHIKSHACHAUPAL.COM]. The timelines for expected delivery of the Products shall be specified to you at the time of placing an order.
6.2. Before shipping / delivering your order, the Seller may request the User to provide supporting documents (including but not limited to Government issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
6.3. It is hereby clarified that in addition to the price of the Product, applicable delivery charges, as may be specified on the Platform may be payable by the User on account of delivery of the Product (“Delivery Charge”). The Delivery Charge shall be specifically indicated to you at the time of placing of order for Product or later or through any mode of communication.
6.4. You acknowledge that the address provided for delivery of the Product shall be in India.
6.5. You hereby agree that in the event any Product’s delivery is delayed or is returned from its destination on account of any act and/or omission by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Seller or the [WWW.ESHIKSHACHAUPAL.COM] for re-delivery of the Product(s) shall be borne by you.
7. PRICING AND PROMOTIONAL DEALS:
7.1. The price mentioned at the time of ordering a Product / Service shall be the price charged at the time of delivery, provided that a Product listed on the Platform will not be sold at a price higher than its MRP (Maximum Retail Price). You hereby acknowledge and agree that although the prices and availability of most of the Products do not fluctuate on a daily basis, the prices and availability for some of the commodities may change on a daily basis, without any prior notice.
7.2. You hereby acknowledge that the price of any Product / Service, as offered on the Platform, may not be the lowest in the city, region or geography.
7.3. You further acknowledge and agree that pricing or typographical errors may occur on the Platform. Upon occurrence of such errors, the [WWW.ESHIKSHACHAUPAL.COM] may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
7.4. You hereby agree that the [WWW.ESHIKSHACHAUPAL.COM]is entitled to modify the price of a Product / Service as updated by the Seller or because of a pricing error and contact you for further instructions using the e-mail address or telephone number or mobile number provided by you during the time of registration with Platform, or cancel the order and notify you of such cancellation in accordance with the Return and Cancellation Policy.
7.5. You hereby acknowledge and agree that in addition to these Terms and Conditions, there may be additional terms and conditions associated and applicable on Products under specific offers, discounts, sales campaigns or promotional deals offered by the Seller or the [WWW.ESHIKSHACHAUPAL.COM] from time to time. You further agree that the [WWW.ESHIKSHACHAUPAL.COM] reserves the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional schemes (including but not limited to promo codes, discount vouchers and other types of vouchers) that the [WWW.ESHIKSHACHAUPAL.COM] may introduce from time to time. Further, the [WWW.ESHIKSHACHAUPAL.COM] may, at its discretion, withdraw a particular scheme from Platform, its website or market. To know more about our existing offers, please sign on to Platform or contact us at [WWW.ESHIKSHACHAUPAL.COM]@.com.
8. SELLER EXCHANGE PROGRAM:
8.1. The [WWW.ESHIKSHACHAUPAL.COM] may provide you the opportunity of participating in the seller exchange program, in the event the Seller has offered an option for exchange, in relation to a Product proposed to be purchased by you. You hereby acknowledge and agree that the exchange values, as offered on the Platform, are subject to change by the Seller and/or the [WWW.ESHIKSHACHAUPAL.COM] from time to time. You further agree that you will be allowed to exercise your exchange option for only one time and such exchange options are restricted to fresh purchase of Products and same category of Products, as per the [WWW.ESHIKSHACHAUPAL.COM]’s sole discretion.
8.2. You hereby acknowledge and agree that the delivery services in relation to the new Product, purchased upon exercise of exchange option, shall be provided as per the delivery details provided by you during placing of order for old Product. Please read the terms and conditions on the seller exchange program listed on the Product’s page on the Platform.
9. CANCELLATION AND REFUNDS:
9.1. Any request for cancellation of an order shall be governed by the Refund and Cancellation Policy of the Platform.
11. REVIEWS, FEEDBACK, SUBMISSIONS:
We encourage you to share your opinions, both favorable and unfavorable.
11.1. All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Platform or otherwise disclosed, submitted or offered in connection with use of Platform (collectively, the “Comments”) shall be and remain the property of the [WWW.ESHIKSHACHAUPAL.COM]. Such disclosure, submission or offer of any Comments shall constitute an assignment to the [WWW.ESHIKSHACHAUPAL.COM] of all rights, titles and interests in all copyrights and other intellectual properties in the Comments.
11.2. The [WWW.ESHIKSHACHAUPAL.COM] will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
11.3. You hereby agree that while writing reviews/feedbacks/submissions, you shall not violate any condition of our Terms and Conditions or any applicable policy and would not engage in the following:
(1) Writing a fake review, trading reviews with other businesses, or compensating someone or being compensated to write a review;
(2) Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, and privacy right, right of publicity, or any other intellectual property or proprietary right;
(3) Threaten, stalk, harm, or harass others, or promote bigotry or discrimination; promote a business or other commercial venture or event, or otherwise use the Platform for commercial purposes, except with a written permission from the [WWW.ESHIKSHACHAUPAL.COM];
(4) Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Platform search results or any third party website;
(5) Solicit personal information from minors, or submit or transmit pornography; or violate any applicable law.
11.4. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the [WWW.ESHIKSHACHAUPAL.COM] and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
11.5. Further, any reliance placed on Comments available on the Platform from a third party shall be at your sole risk and expense.
12. PRIVACY:
12.1. You hereby acknowledge that by agreeing to these Terms and Conditions, you shall be bound by the ‘Privacy Policy’ of the Platform, which can be viewed by clicking on the Privacy Policy;
13. INDEMNITY:
13.1. The User shall indemnify and hold harmless [WWW.ESHIKSHACHAUPAL.COM], its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms and Conditions or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
13.2. You hereby expressly release the [WWW.ESHIKSHACHAUPAL.COM] or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
14. LIMITATION OF LIABILITY:
14.1. Notwithstanding anything stated under these Terms and Conditions and the Policies, in the unlikely and rare event, of [WWW.ESHIKSHACHAUPAL.COM] liable to you, the aggregate liability of [WWW.ESHIKSHACHAUPAL.COM] from any cause whatsoever shall not in any event exceed an amount equivalent to the payment made by you in relation to the transaction under which such claim has been made.
14.2. NEITHER [WWW.ESHIKSHACHAUPAL.COM] NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE PLATFORM, THE SERVICES, THE TRANSACTION PROCESSING SERVICE, THE INABILITY TO USE THE SERVICES OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES BEYOND THE VALUE OF THE LAST TRANSACTION CARRIED OUT BY THE USER THROUGH THE PLATFORM.
15. DISCLAIMER OF WARRANTIES AND LIABILITIES:
15.1. It is hereby clarified that all Products or Services made available to a User through the Platform are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied by [WWW.ESHIKSHACHAUPAL.COM]. [WWW.ESHIKSHACHAUPAL.COM] does not make any representations pertaining to the information, content, Products or services included on or otherwise made available to a User through the Platform.
15.2. [WWW.ESHIKSHACHAUPAL.COM] and its licensees’ may publicly display advertisements and other information adjacent to or included with your Content. The [WWW.ESHIKSHACHAUPAL.COM] takes no warranties on the content of such advertisements. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Here, “Content” means text, images, photos, audio, music, video, and all other forms of data or communication. “Your/User Content” means Content that you submit or transmit to, through, or in connection with the service, such as videos, commentary, ratings, reviews, invitations, messages, and information that you publicly display or displayed in your account profile.
15.3. Without prejudice to the forgoing paragraph, the [WWW.ESHIKSHACHAUPAL.COM] does not warrant that:
(1) The Platform will be constantly available, or available at all; or
(2) The information on the Platform is complete, true, accurate or non-misleading;
(3) The services on the Platform will not be interrupted while browsing, transacting, using or uploading information on the Platform.
15.4. The [WWW.ESHIKSHACHAUPAL.COM] (as the case may be) will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Platform. The [WWW.ESHIKSHACHAUPAL.COM] (as the case may be) does not warrant that its site; information, content, materials, product (including software) 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, despite our best efforts to prevent these incidents.
16. INTELLECTUAL PROPERTY:
16.1. Nothing contained herein shall authorize a User to use, display or exploit the intellectualproperty rights of [WWW.ESHIKSHACHAUPAL.COM] without the prior written consent of [WWW.ESHIKSHACHAUPAL.COM].
16.2. Content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of [WWW.ESHIKSHACHAUPAL.COM] and is protected by India and international copyright, authors’ rights and database right laws.
16.3. The compilation of all the content on the Platform is the exclusive property of [WWW.ESHIKSHACHAUPAL.COM] and is protected by laws of India and international copyright and database right laws. All software used on the Platform is the property of [WWW.ESHIKSHACHAUPAL.COM], its affiliates or its software suppliers and is protected by India and international copyright and author’ rights laws.
16.4. You shall not systematically extract/ or re-utilize parts of the contents of the Platform without [WWW.ESHIKSHACHAUPAL.COM]’s express written consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the Platform, without [WWW.ESHIKSHACHAUPAL.COM]’s express written consent. You shall not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of the Platform without [WWW.ESHIKSHACHAUPAL.COM]’s express written consent.
16.5. You shall not use the trademark of the [WWW.ESHIKSHACHAUPAL.COM] for commercially exploiting your interests without our express permission. We reserve our right to initiate legal proceedings if we discover any intellectual property right infringement or passing off.
16.6. We respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, contact the customer care (details under Section19 of these Terms and Conditions, as below).
17. INDEMNITY AND RELEASE:
17.1. The User, where applicable, shall keep all the information pertaining to the services including but not limited to the transactions on the Platform (“Confidential Information”), confidential and shall not be disclosed to any person other than its officers (to the extent necessary to consummate the transaction contemplated hereby) without the prior written consent of [WWW.ESHIKSHACHAUPAL.COM].
17.2. Confidential Information shall mean all the information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by [WWW.ESHIKSHACHAUPAL.COM]to a User whether before or after the date of these Terms and Conditions. The User, where applicable, shall not, during the pendency of these Terms and Conditions, or at any time after these Terms and Conditions and the Policies expire or terminate, divulge or use any Confidential Information for the benefit of any other person, corporation, partnership, proprietorship, association, or other entity, nor will the User, directly or indirectly permit the disclosure of any Confidential Information or aid any third party to imitate any Confidential Information.
18. CUSTOMER CARE:
In accordance with Information Technology Act and rules made there under, the name and contact details of the customer care are provided below:
Name: Surekha Waldia
Address: T6A- 104, Valley View Estate Gwal Pahadi, Gurgaon Faridabad road
Email: info@elna.co.in
Contact no.:
19. TERMINATION:
[WWW.ESHIKSHACHAUPAL.COM] may terminate these Terms and Conditions and the Policies and/or the services on the Platform for any reason including for reasons of breach of these Terms and Conditions, the Terms of Use or any of the Policies on the Platform. The User’s sole right to terminate these Terms and Conditions and the Policies is by not using the Platform and deleting its Account with [WWW.ESHIKSHACHAUPAL.COM].
20. CONSEQUENCES OF TERMINATION:
Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these Terms and Conditions and the Policies which may result in a dispute post-termination of these Terms and Conditions, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination.
21. GENERAL PROVISIONS:
21.1. E-platform: User agree, understand and acknowledge that the Platform is an online platform that enables you to purchase products / services listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that [WWW.ESHIKSHACHAUPAL.COM] is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on [WWW.ESHIKSHACHAUPAL.COM].
21.2. No agency: These Terms and Conditions and Policies constitute a principal-to-principal relationship between [WWW.ESHIKSHACHAUPAL.COM] and the User and do not attempt to create any employee-employer or agency relationship. The services are being rendered by [WWW.ESHIKSHACHAUPAL.COM] as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between [WWW.ESHIKSHACHAUPAL.COM] and the User hereto or any affiliates or subsidiaries thereof or to provide either [WWW.ESHIKSHACHAUPAL.COM] or the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either [WWW.ESHIKSHACHAUPAL.COM] or the User.
21.3. Assignments: [WWW.ESHIKSHACHAUPAL.COM] may assign, in whole or in part, the benefits or obligations of these Terms and Conditions and the Policies to its associates or affiliates of other group [WWW.ESHIKSHACHAUPAL.COM], or any other [WWW.ESHIKSHACHAUPAL.COM], in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. [WWW.ESHIKSHACHAUPAL.COM] shall not require approval or consent of the User; it can at its discretion provide an intimation of such assignment to the User. However, the User shall not assign, in whole or in part, the benefits or obligations of these Terms and Conditions, without the prior written permission of [WWW.ESHIKSHACHAUPAL.COM].
21.4. Force Majeure: [WWW.ESHIKSHACHAUPAL.COM] shall not be liable for its failure to perform under these Terms and Conditions and the Policies as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of [WWW.ESHIKSHACHAUPAL.COM], payment gateways or the logistic support partner.
21.5. Governing Law, Settlement of Disputes and Jurisdiction: Any dispute or claim relating to it, its enforceability or its termination under these Terms and Conditions and the Policies shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by [WWW.ESHIKSHACHAUPAL.COM]. The arbitration proceedings shall be held in English language at []. The courts at [] shall have exclusive jurisdiction over any disputes relating to the subject matter herein.
21.6. Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.
21.7. Survival of Provisions: The terms and provisions of these Terms and Conditions, by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive termination.
21.8. Severability: If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.
21.9. Non Solicitation: The User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by [WWW.ESHIKSHACHAUPAL.COM].
21.10. Non-Exclusivity: It is agreed and clarified that the arrangement set out by these Terms and Conditions and the Policies between [WWW.ESHIKSHACHAUPAL.COM] and the User is on a non-exclusive basis.
21.11. Notices: All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be[WWW.ESHIKSHACHAUPAL.COM]@.com, if to [WWW.ESHIKSHACHAUPAL.COM], if to User, it shall be to the address registered with [WWW.ESHIKSHACHAUPAL.COM].
21.12. Amendment: These Terms and Conditions and Policies may be varied, amended or modified by [WWW.ESHIKSHACHAUPAL.COM] at any time. The last amended version shall be available on the Platform at all times.