This document is an electronic record in terms of the Indian Contract Act 1872; the Information Technology Act 2000, the rules made thereunder; and the amended provisions pertaining to the electronic records in various other 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.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PORTAL OR SERVICES.
“User” or “You” shall mean any individual who avails or who wishes to avail the Services.
“Product” shall mean any product available for sale by a Seller the Platform.
“Seller” shall mean any entity onboarded on the Platform by the Company to sell its Products.
- Subject to your compliance with the TOS, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your use. You have no right to sublicense the license rights granted herein.
- You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in the TOS. The Platform and the intellectual property rights vested therein is owned by Company.
- You agree to Pay to us any fees for the Services availed by you, in accordance with the Plan ( “Subscription Fees” ). Payment against fees can be made online through credit Card/internet banking etc. or any mode of payment which is made available to the User in the Platform. The Fees paid by you is non-refundable, except as provided in these Terms and Conditions.
- Our Services can be availed as a subscription model ( “Subscription” ). This means that when you choose to avail our Services, you will be billed as per the Plan chosen ( “Billing Cycle” ). We reserve the right to alter/modify/suspend/discontinue any terms and conditions associated with the Plan including but not limited to the period, rate, services included in the Plan. Further, we shall give you notice of any change made to the features of the Plan prior to the expiry of your applicable Billing Cycle.
- We may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will provide you with advance notice of any change in fees.
- Payment for the Services by the Enterprises may be processed through the third-party internet payment service providers. By purchasing any Services through the Platform, the Enterprise hereby consents and agrees to abide by such third-party internet payment service providers’ applicable terms and conditions and privacy policies. The Enterprise agrees and acknowledges that the Company has no responsibility or liability under the terms and conditions and policies of the third-party internet payment service provider. In the event such third-party internet payment service providers’ customer terms and conditions or privacy policies are not acceptable to you, please do not purchase such Services through the Platform.
- Payment for Products: The User shall transact directly with the Seller in respect of purchase of the Product. Company shall not facilitate any payments for the Product through the Platform.
- In cities and zones within the city where we offer customization of the device, the company has the right to charge a customization fee which would be communicated to you by the sales representative who places the order for you.
- We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services, pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User’s data to be permanently deleted, irretrievable, or temporarily inaccessible.
- You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these TOS; (c) respond to claims that any of your usage of the Platform violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
- You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your Account information will be truthful.
- As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
- By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity. The Company reserves the right to disable any Account from the Platform at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities; or if Company is concerned that You may have violated the Terms of Service), or for no reason at all with or without notice to the User/Users.
Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is 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; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
- You will not access the Platform, and/or its Services, or the personal information of other Users, available on the Platform in order to build a similar or competitive website, product, or service.
- If are an Individual, you will not access the Platform and/or its Services for the purpose of hiring, recruiting or inviting any other User to attend any program, event, function, seminar, conference, talk, etc.
- You agree to immediately notify us of any unauthorised use, or suspected unauthorized use of Your Account, or any other breach of security, in relation to Your personal information on the Platform.
- One Account shall not be used by more than one User. Any use of an Account by a third-party would deem to be unauthorised usage. The Company reserves the right to disable any such Account from the Platform.
- The Company provides you with multiple automatic alerts while providing Services.
- You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
- Obtaining feedback in relation to Platform or our Services.
- Any events or initiatives that you may be interested in as part of the community of users
- Resolving any complaints, information, or queries by other Users regarding your critical content; and
- You agree to provide your fullest co-operation further to such communication by Company.
Obtaining feedback in relation to any other Users listed on the Platform;
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to keep such feedback confidential.
You agree that if you have registered yourself under DND or DNC or NCPR services, you still authorize us to contact you for the above-mentioned purposes till your Account subsists. This will only be for transactional purposes and not for any kind of promotion.
- Violating or attempting to violate the integrity or security of the Platform;
- Transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
- Intentionally submitting on the Platform any incomplete, false or inaccurate information;
- Making any unsolicited communications to other Users;
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
- Circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
- Any unlawful activities in the Platform which are prohibited by laws of India.
The Company shall revert to every complaint within 24 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 15 days of receipt of the complaint. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User’s disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
- Termination/ Suspension of Services: We have the right to temporarily suspend access to the whole or any part of the Services for any reason whatsoever (including but not limited to technical/operational reasons) and shall be under no liability to you in such an event. Further, we may, but shall not be obliged to, give You notice of any interruption of access to the Service. We may temporarily suspend access to the whole or any part of the Services for pre-scheduled maintenance. The intent to temporarily suspend access for pre-scheduled maintenance shall be communicated to you 48 hours in advance via email to the email id provided by you upon creation of your Account. If you choose to access the Platform or avail Services during such pre-scheduled maintenance, we cannot guarantee the availability of the Services and/or functionality of the Platform.
- Termination/ Suspension of Accounts: We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
YOU (BOTH INDIVIDUAL AND ENTERPRISE) HEREBY ACKNOWLEDGE AND AGREE THAT YOU WILL SHALL ONLY PROVIDE TRUE AND CORRECT INFORMATION AND IN THE CASE OF CREATING AN ACCOUNT YOU UNDERTAKE TO AT ALL TIMES KEEP THE INFORMATION UP TO DATE. UNDER NO CIRCUMSTANCES THE COMPANY WILL BE LIABLE ON ACCOUNT OF ANY INACCURACY OF INFORMATION PROVIDED BY YOU ON THIS PORTAL. IT IS THE RESPONSIBILITY OF THE USER TO FURTHER RESEARCH THE INFORMATION ON THE SITE.
COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO SPECIFICS (SUCH AS QUALITY, VALUE, SALABILITY, ETC) OF THE PRODUCTS PROPOSED TO BE SOLD OR OFFERED TO BE SOLD OR PURCHASED ON THE PLATFORM. COMPANY DOES NOT IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY PRODUCTS ON THE PLATFORM. COMPANY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
COMPANY IS NOT RESPONSIBLE FOR ANY NON-PERFORMANCE OR BREACH OF ANY CONTRACT ENTERED INTO BETWEEN USERS AND SELLERS. COMPANY CANNOT AND DOES NOT GUARANTEE THAT THE CONCERNED USER AND/OR SELLERS WILL PERFORM ANY TRANSACTION CONCLUDED ON THE PLATFORM. COMPANY SHALL NOT AND IS NOT REQUIRED TO MEDIATE OR RESOLVE ANY DISPUTE OR DISAGREEMENT BETWEEN USERS AND SELLERS.
COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO THE PRODUCT-SPECIFICS (SUCH AS LEGAL TITLE, CREDITWORTHINESS, IDENTITY, ETC) OF ANY OF ITS USERS. YOU ARE ADVISED TO INDEPENDENTLY VERIFY THE BONA FIDES OF ANY PARTICULAR USER THAT YOU CHOOSE TO DEAL WITH ON THE PLATFORM AND USE YOUR BEST JUDGMENT IN THAT BEHALF.
COMPANY DOES NOT AT ANY POINT OF TIME DURING ANY TRANSACTION BETWEEN USER AND SELLER ON THE PLATFORM COME INTO OR TAKE POSSESSION OF ANY OF THE PRODUCTS OFFERED BY SELLER NOR DOES IT AT ANY POINT GAIN TITLE TO OR HAVE ANY RIGHTS OR CLAIMS OVER THE PRODUCTS. AT NO TIME SHALL COMPANY HOLD ANY RIGHT, TITLE OR INTEREST OVER THE PRODUCTS NOR SHALL COMPANY HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT ENTERED INTO BETWEEN USERS AND SELLERS. COMPANY IS NOT RESPONSIBLE FOR UNSATISFACTORY PRODUCTS OR DAMAGES OR DELAYS AS A RESULT OF PRODUCTS WHICH ARE OUT OF STOCK, UNAVAILABLE OR BACK ORDERED.
THE COMPANY SHALL NOT BE LIABLE IN THE EVENT THAT THERE IS ANY WILLFULL CONTAMINATION OF THE WATER AT ITS SOURCE OR BY THE USER, COMPANY HEREBY STATES THAT THE WATER PURIFER SHALL OPERATE IN A MANNER TO RENDER ITS DESIGNATED PURPOSE. THE COMPANY DISCLAIMS ALL LIABILITY WITH RESPECT TO THE WATER PURIFIER IN THE EVENT THAT THE USER OPERATES IT IN A MANNER CONTRARY TO THAT SUGGESTED/RECOMMENDED/ INSTRUCTED BY THE COMPANY IN THIS TOS OR THE PURIFIER RENTAL TERMS.
- your failure to cooperate;
- your unavailability and/or unresponsiveness;
- your failure to provide accurate and complete information;
- your failure to provide or facilitate the submission of User Materials in timely manner;
- any event beyond Company’s reasonable control.
- The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
- If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
- The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
- No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect.
- All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
Email ID: firstname.lastname@example.org
Address: #9/A, Chukki Complex,
19th Main Rd,Sector 3, HSR Layout,
Bengaluru, Karnataka 560102