Terms & Condition
Important Notice
PLEASE NOTE THAT BY USING WEBSITE OR ANY OF ITS RELATED SOLUTIONS YOU AGREE TO ABIDE AND BOUND BY THE TERMS & CONDITIONS LISTED IN THIS AGREEMENT.
This electronic record is generated by a computer system and does not require any physical or digital signatures and the same has been incorporated by reference in the Vendor Agreement (defined below). [Drafting Note: The highlighted above sentence is optional in case you need to get these terms and conditions signed physically.]
By use of the website www.Emossy.in(“Website”) or by using our services through the mobile application Emossy (“App”), (collectively “Platforms”), you agree to be bound by the terms of these Terms of Use(“Terms of Use”).[Drafting Note: Is the weblink correct.]
If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website You shall be contracting with JAlbee Tech PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 and having its registered office at 465, Sai Kripa Colony, Mahalxminagar, Indore, Madhya Pradesh (452001), India, (Hereinafter referred to as “Company” which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns)and these terms and conditions constitute your binding obligations.
If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website You shall be contracting with JAlbee Tech PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 and having its registered office at 465, Sai Kripa Colony, Mahalxminagar, Indore, Madhya Pradesh (452001), India, (Hereinafter referred to as “Company” which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns)and these terms and conditions constitute your binding obligations.
For the purpose of these terms of use, wherever the context so require “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems or mobile application or any other Platforms.
When You use any of the services or the products as provided by the Website through the respective vendor (“Vendor”), including but not limited to Customer Comments, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, Company grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
This electronic record is generated by a computer system and does not require any physical or digital signatures and the same has been incorporated by reference in the Vendor Agreement (defined below). [Drafting Note: The highlighted above sentence is optional in case you need to get these terms and conditions signed physically.]
By use of the website www.Emossy.in(“Website”) or by using our services through the mobile application Emossy (“App”), (collectively “Platforms”), you agree to be bound by the terms of these Terms of Use(“Terms of Use”).[Drafting Note: Is the weblink correct.]
If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website You shall be contracting with JAlbee Tech PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 and having its registered office at 465, Sai Kripa Colony, Mahalxminagar, Indore, Madhya Pradesh (452001), India, (Hereinafter referred to as “Company” which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns)and these terms and conditions constitute your binding obligations.
If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website You shall be contracting with JAlbee Tech PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 and having its registered office at 465, Sai Kripa Colony, Mahalxminagar, Indore, Madhya Pradesh (452001), India, (Hereinafter referred to as “Company” which expression shall unless repugnant to the context or meaning thereof mean and include its successors and permitted assigns)and these terms and conditions constitute your binding obligations.
For the purpose of these terms of use, wherever the context so require “You” shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems or mobile application or any other Platforms.
When You use any of the services or the products as provided by the Website through the respective vendor (“Vendor”), including but not limited to Customer Comments, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the changes. As long as You comply with these Terms of Use, Company grants You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Membership Eligibility
Use of the Website is available only to persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not transact 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 who have registered as users of the Website. Company reserves the right to terminate your membership and refuse to provide You with access to the Website if it is brought to Company’s notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws
Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your User ID and Password and You shall be responsible for all activities that occur under your User ID and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Company has the right to indefinitely suspend or terminate or block access of your membership with Website and refuse to provide You with access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to Company, You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from Website periodically and as and when required. Company may communicate with You by email or by such other mode of communication, electronic or otherwise.
Charges
Membership on the Website is free. Company does not charge any fee for browsing and transacting on Website. However, Company reserves the right to charge fee and change its policies from time to time. In particular, Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company through the Website.
Use of Website
You agree, undertake and confirm that your use of the Websites hall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which You do not have any right to; or
(b) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 and in violation of any criminal laws of the country; or
(c) misleading in any way; or
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
(e) harasses or advocates harassment of another person; or
(f) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
(h) infringes upon or violates any third party’s rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity]; or (i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
(m) contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Websites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Websites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(o) engages in commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website. Throughout this Terms of Use, Company’s “prior written consent” means a communication coming from the Company’s Legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which You seek authorization; or
(p) solicits gambling or engages in any gambling activity which Company, in its sole discretion, believes is or could be construed as being illegal; or
(q) interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services; or
(r) refers to any website or URL that, in the sole discretion of the Company, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or
(s) harm minors in any way; or
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
(u) violates any law for the time being in force; or
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
(w) impersonate another person; or
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
(y) 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 cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
(z) shall not be false, inaccurate or misleading; or
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
(ab) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Company reserves the right to bar any such activity.
I. You shall not attempt to gain unauthorized access to any portion or feature of Website, or any other systems or networks connected to Website or to any of the Company’s server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
II. You shall not probe, scan or test the vulnerability of Website or any network connected to the Website nor breach the security or authentication measures on Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of the Website, including any Website account not owned by You, to its source, or exploit Website or any service or information made available or offered by or through Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
III. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to the Website.
IV. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
V. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Company on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
VI. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.
VII. Solely to enable Website to use the information You supply us with, so that we are not violating any rights You might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. Website will only use Your Information in accordance with this Terms of Use and Website’s Privacy Policy.
VIII. From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
IX. You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related being displayed on Website or related to the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Website. In order to protect our users from such advertising or solicitation, Company reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Company deems appropriate in its sole discretion.
X. You understand that Company has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
XI. Company reserves the right, but has no obligation, to monitor the materials posted on the Website. Company shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Terms of Use. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of the Company. In no event shall Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
XII. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Website.
XIII. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to your use of Website, and that the recipient may use such information to harass or injure You. Company does not approve of such unauthorized uses but by using the Website You acknowledge and agree that Company is not responsible for the use of any personal information that You publicly disclose or share with others on Website. Please carefully select the type of information that You publicly disclose or share with others on the Website, or from the Website on other social platforms (eg, but not limited to Facebook).
XIV. Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which You do not have any right to; or
(b) that is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 and in violation of any criminal laws of the country; or
(c) misleading in any way; or
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
(e) harasses or advocates harassment of another person; or
(f) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”; or
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
(h) infringes upon or violates any third party’s rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity]; or (i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; or
(m) contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Websites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Websites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(o) engages in commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items related to the Website. Throughout this Terms of Use, Company’s “prior written consent” means a communication coming from the Company’s Legal personnel, specifically in response to your request, and specifically addressing the activity or conduct for which You seek authorization; or
(p) solicits gambling or engages in any gambling activity which Company, in its sole discretion, believes is or could be construed as being illegal; or
(q) interferes with another user’s use and enjoyment of the Website or any other individual’s user and enjoyment of similar services; or
(r) refers to any website or URL that, in the sole discretion of the Company, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or
(s) harm minors in any way; or
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
(u) violates any law for the time being in force; or
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
(w) impersonate another person; or
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
(y) 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 cognizable offence or prevents investigation of any offence or is insulting to any other nation; or
(z) shall not be false, inaccurate or misleading; or
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
(ab) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Company reserves the right to bar any such activity.
I. You shall not attempt to gain unauthorized access to any portion or feature of Website, or any other systems or networks connected to Website or to any of the Company’s server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
II. You shall not probe, scan or test the vulnerability of Website or any network connected to the Website nor breach the security or authentication measures on Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of the Website, including any Website account not owned by You, to its source, or exploit Website or any service or information made available or offered by or through Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
III. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Company’s systems or networks, or any systems or networks connected to the Website.
IV. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
V. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Company on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
VI. You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.
VII. Solely to enable Website to use the information You supply us with, so that we are not violating any rights You might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. Website will only use Your Information in accordance with this Terms of Use and Website’s Privacy Policy.
VIII. From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
IX. You shall not engage in advertising to, or solicitation of, other users of the Website to buy or sell any products or services, including, but not limited to, products or services related being displayed on Website or related to the Website. You may not transmit any chain letters or unsolicited commercial or junk email to other users via Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Website. In order to protect our users from such advertising or solicitation, Company reserves the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which Company deems appropriate in its sole discretion.
X. You understand that Company has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation,
disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
XI. Company reserves the right, but has no obligation, to monitor the materials posted on the Website. Company shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of this Terms of Use. Notwithstanding this right of the Company, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of the Company. In no event shall Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
XII. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Website.
XIII. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to your use of Website, and that the recipient may use such information to harass or injure You. Company does not approve of such unauthorized uses but by using the Website You acknowledge and agree that Company is not responsible for the use of any personal information that You publicly disclose or share with others on Website. Please carefully select the type of information that You publicly disclose or share with others on the Website, or from the Website on other social platforms (eg, but not limited to Facebook).
XIV. Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on the Website
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
You may use information on the Website products and services purposely made available by the Website for downloading from the Website, provided that You
(1) do not remove any proprietary notice language in all copies of such documents; or
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
(3) make no modifications to any such information; or
(4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become the property of the Company and you grant Company the worldwide, perpetual and transferable rights in such Content. Company shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content You provide. You agree that any Content Your post may be used by the Website, consistent with our Privacy Policy and Rules of Conduct on the Website as mentioned herein, and You are not entitled to any payment or other compensation for such use.
Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
You may use information on the Website products and services purposely made available by the Website for downloading from the Website, provided that You
(1) do not remove any proprietary notice language in all copies of such documents; or
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
(3) make no modifications to any such information; or
(4) do not make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become the property of the Company and you grant Company the worldwide, perpetual and transferable rights in such Content. Company shall be entitled to, consistent with our Privacy Policy, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include Content You provide. You agree that any Content Your post may be used by the Website, consistent with our Privacy Policy and Rules of Conduct on the Website as mentioned herein, and You are not entitled to any payment or other compensation for such use.
Other Businesses
Company does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using APP or otherwise. In addition, Website may provide links to the third party websites of affiliated companies and certain other businesses for which, Company assumes no responsibility for examining or evaluating the products and services offered by them, and Company does not
warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Company does not in any way endorse any third party website(s) or content thereof.
warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Company does not in any way endorse any third party website(s) or content thereof.
Links [Drafting Note: Confirm if this required.]
Company welcomes links to this Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your site by the Company. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without the express written consent of the Company and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Website without Company’s prior written consent.
Privacy
We view protection of Your privacy as a very important principle. We understand clearly that you and Your personal identification information is one of our most important assets. We store and process Your Personal Identifiable Information on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and any amendments and rules there under. Our current Privacy Policy is available at www.emossy.com/privacypolicy. If you object to your Information being transferred or used in this way please do not use the Website. [Drafting Note: Please confirm the link, just inserted for e.g.]
Mandatory Declaration
(1) You hereby declare that You have provided all necessary Legal Details for the shipment of the product to the destination specified by You in the Order.
(2) You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
(2) You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
his Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on the Website on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Company does 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. III.
V. Company will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, Website.
VII. Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from the Website are free of viruses or other harmful components;
VIII. Nothing on the Website constitutes, or is meant to constitute, advice of any kind;
X. All the products sold on the Website are governed by different state laws and if the Vendor is unable to deliver such products or services due to implications of different state laws, Vendor will return or will give credit for the amount received by the Vendor from the sale of such product, that could not be delivered to You;
XII. You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by the Website through the Vendor via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Website will not use your personal information to initiate any promotional phone calls or SMS’.
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. III.
V. Company will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, Website.
VII. Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from the Website are free of viruses or other harmful components;
VIII. Nothing on the Website constitutes, or is meant to constitute, advice of any kind;
X. All the products sold on the Website are governed by different state laws and if the Vendor is unable to deliver such products or services due to implications of different state laws, Vendor will return or will give credit for the amount received by the Vendor from the sale of such product, that could not be delivered to You;
XII. You will be required to enter a valid phone number while placing an order on the Website. By registering your phone number with us, You consent to be contacted by the Website through the Vendor via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Website will not use your personal information to initiate any promotional phone calls or SMS’.
SERVICES
Payment
(1) While availing any of the payment method/s offered at the Website, Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
I. Lack of authorization for any transaction/s; or
II. Exceeding the preset limit mutually agreed by You and between your “Bank/s”; or
III. Any payment issues arising out of the transaction, or
IV. Decline of transaction for any other reason/s.
(2) All payments made against the purchases/services on the Website by You shall be compulsorily in Indian Rupees acceptable by the Union of India. Website does not accept any other form of currency with respect to the purchases made on the Website.
(3) No refunds will be issued after 30 days from the date of payment
I. Lack of authorization for any transaction/s; or
II. Exceeding the preset limit mutually agreed by You and between your “Bank/s”; or
III. Any payment issues arising out of the transaction, or
IV. Decline of transaction for any other reason/s.
(2) All payments made against the purchases/services on the Website by You shall be compulsorily in Indian Rupees acceptable by the Union of India. Website does not accept any other form of currency with respect to the purchases made on the Website.
(3) No refunds will be issued after 30 days from the date of payment
Breach
Without limiting other remedies, Website may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide You with access to the Websitewebsite in the event, but not limited to:
I. If You breach the Terms of Use or Privacy Policy or other rules and policies, if any;
II. If Website is unable to verify or authenticate any information You provide; or
III. If it is believed that your actions may cause legal liability for You, other Users or the Website. Website may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Website. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, Company reserves the right to recover any amounts due and owing by You to the Company or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
I. If You breach the Terms of Use or Privacy Policy or other rules and policies, if any;
II. If Website is unable to verify or authenticate any information You provide; or
III. If it is believed that your actions may cause legal liability for You, other Users or the Website. Website may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Website. Notwithstanding the foregoing, if You breach the Terms of Use or Privacy Policy or other ruler and policies, Company reserves the right to recover any amounts due and owing by You to the Company or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
Indemnity
You shall indemnify and hold harmless the Company its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.
Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Indore.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Company makes no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Company is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
his site is controlled and operated by the Company. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by the Company or by other parties that have licensed their material to us. Material on the Website web site owned, operated, licensed or controlled by the Company is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
Copyright Complaint
We at the Company respect the intellectual property of others. In case You feel that your work has been copied in a way that constitutes copyright infringement, You can write to us at [email protected].[Drafting Note: Please confirm the email id.]
Risk of Loss
All items purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Description
Website tries to be as accurate as possible on behalf of its Vendors. However, the Website or the Company does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.
Pricing/Typographical Error
If the Website comes across any difference in pricing resulting from typographic errors w.r.t pricing or product information, Website shall have the right to rectify the same or cancel the order(s) and refund monies, if any, in accordance with Vendor Terms and Conditions as agreed with the respective Vendor. The mode of refund will be the same as at the time of placing the order.
Cancellation of Order
Website reserves the right to cancel any order without any explanation for doing so, under situation where the respective Vendor is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Website policy or order has invalid address/incorrect information or for any other reason. However, Website will ensure on behalf of the Vendor that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Terms & Conditions For Promotions/Offers/End of Season Sale (EOSS)
1.Sale/discounts apply to selected items only. Although there are many brands on SALE, there might be some exclusion depending on each product of the respective Vendor Terms and Conditions.
2.The End of Season Sale runs till stock lasts as agreed with the respective Vendor
3.No two offers can be clubbed together.
4.Due to technical issues, typographical errors or information received from our Vendor, prices of the products shown on the Website may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
5.All offers are non-transferable and have no cash value and shall be as per respective Vendor Terms and Conditions.
6.Website reserves the right to extend/ terminate/amend/add/remove/modify (in whole or part) the offers/sale, without further information at any point of time and Company’s decision in this regard shall be final and requires no intimation to the customer of any sort.
7.In case of any query pertaining to the schemes, please email customer care at [email protected]. [Drafting Note: Kindly confirm the email id.]
2.The End of Season Sale runs till stock lasts as agreed with the respective Vendor
3.No two offers can be clubbed together.
4.Due to technical issues, typographical errors or information received from our Vendor, prices of the products shown on the Website may vary during the order process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
5.All offers are non-transferable and have no cash value and shall be as per respective Vendor Terms and Conditions.
6.Website reserves the right to extend/ terminate/amend/add/remove/modify (in whole or part) the offers/sale, without further information at any point of time and Company’s decision in this regard shall be final and requires no intimation to the customer of any sort.
7.In case of any query pertaining to the schemes, please email customer care at [email protected]. [Drafting Note: Kindly confirm the email id.]
Limitation of Liability
IN NO EVENT SHALL THE WEBISTE OR THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE WEBSITE OR THE COMPANY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Our Contact
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to [email protected].
