TERMS OF SERVICE AGREEMENT
Last Updated: May 1, 2020
PLEASE READ TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THE WEBSITE OR ORDERING PRODUCTS FROM THE WEBSITE YOU AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (hereinafter refer to as “the Agreement") governs the use of the website www.ekaarambh.com, Ek Aarambh Pvt. Ltd (“EA”) offer of products for purchase on this Website, or your purchase of products available on this Website.
EA provides services to you subject to the notices, terms, and conditions set forth in this agreement. In addition, when you use any of our services, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. 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.
Subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-transferable, and non-exclusive license to access and use the Site. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below.
Terms of Offer. This Website offers for sale certain Products (handicraft, handloom, traditional craft, textile, foodstuff, and manufactured product ) By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement and we have no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
When you use the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, SMS or by posting notices on the Site or through our other services. You agree that all agreements, notices, disclosures, and other communication that we provide to you electronically satisfy any legal requirements that such communications be in writing.
Use of Website
Ek Aarambh Pvt. Ltd is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not engage, directly or indirectly, in the transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (4) not defame, harass, abuse, or disrupt other users of the Website (5)You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (6) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (7) is libelous, threatening, defamatory, obscene, indecent, pornographic or (8) includes any bugs, viruses, worms or other harmful code or properties.
The ultimate authority to ship goods to customers rests in the hand of the company’s management team. The management may at any point if it deems fit, red flag or blacklists a customer and deny shipping goods to them. The management may also give a refund instead of store credits to such a red-flagged/blacklisted customer. The circumstances under which a customer may be red-flagged/ blacklisted is based at the company’s discretion.
Unless you notify Ek Aarambh Pvt. Ltd, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and Calls /SMS.
We provide 2 easy ways to opt-out from future solicitations.
1. You may use the opt-out link found in any email solicitation that you may receive.
2. You may choose to opt-out, via sending your email to firstname.lastname@example.org
Limitation of Liability
Ek Aarambh Pvt. Ltd ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN-LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS, PURCHASED VIA THE WEBSITE.
Ek Aarambh Pvt. Ltd WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
Warranties and Claims
Please note the standard warranties and the conditions for usage of the products in relation to each product. No claim (a) that is contrary to the above or (b) where products have been used contrary to the conditions of usage; will be entertained.
You hereby agree to indemnify and hold harmless EA, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) your access to or use of the Services or Products, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of your an account with EA, (iv) action or inaction on behalf of EA ’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. EA shall notify you promptly of such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide EA with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
Ek Aarambh Pvt. Ltd reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Ek Aarambh Pvt. Ltd may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Ek Aarambh Pvt. Ltd reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Ek Aarambh Pvt. Ltd chooses, in its sole discretion and without advance to you, to terminate it.
Governing Law & Jurisdiction
This Website originates from Delhi, India. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Ek Aarambh Pvt. Ltd will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. Statute of Limitation. Any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose.
Force Majeure: Ek Aarambh Pvt. Ltd will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Effect of Waiver: The failure of Ek Aarambh Pvt. Ltd to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Cessation of Operation: Ek Aarambh Pvt. Ltd may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Severability: In the event that any term, condition or provision of this Agreement is held to be a violation of any applicable law, statute or regulation the same shall be deemed to be deleted from this Agreement and shall be of no force and effect and this Agreement shall remain in full force and effect as if such term, condition or provision had not originally been contained in this Agreement.