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.
Terms of Use
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.
Products
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.
Customer Solicitation
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.
Opt-Out Procedure
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 customercare@ekaarambh.com
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.
Indemnity
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.
Privacy
Ek Aarambh Pvt. Ltd believes strongly in
protecting user privacy. Please refer to Ek Aarambh Pvt. Ltd privacy
policy, incorporated by reference herein, that is posted on the Website
Termination
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.