2. LICENSE AND SITE ACCESS
a) You represent and warrant that you are competent and eligible to enter into legally binding contracts and have the requisite authority to bind the other party to these terms as per the relevant law applicable to you, under the laws of India and any other applicable laws. Persons who are incompetent to enter into legally binding contracts would include persons of unsound mind, minors, undischarged insolvents, etc. You acknowledge and agree that persons who are incompetent to contract are not eligible to use the site.
b) It is hereby clarified that you shall not download/ save (other than page caching) or modify the site, or any portion of it, except with our express written consent. Further, you shall not reproduce, duplicate, copy, sell, modify, publish, transmit, distribute, disassemble or otherwise exploit the site or any material (as defined below in paragraph 6) on the site for any commercial purpose without our prior express written consent. You shall not have the right for any resale or any derivative use of this site or its materials. You shall not have any exclusive right to use the site and all rights not expressly granted to you in the ‘Terms’ are reserved and retained by us. You will use the site in compliance with all applicable laws.
c) You agree not to use the material for any unlawful purposes and not to violate our rights or the rights of others. We may add, change, discontinue, remove or suspend any of the material at any time, without notice and without any liability.
d) This limited authorization is not a transfer of title in the materials and by your use of the site; you acknowledge that you do not acquire any license, ownership or other rights to the materials. Modification of the materials by you is a violation of our copyright, trademark and other proprietary rights and may violate other applicable laws.
e) You shall not:
- Use data mining, robots, screen scraping, or similar data gathering and extraction tools on this site.
- Frame or utilize framing techniques to enclose any of our trademark, logo, or other proprietary information (including images, text, page layout, or form).
- Use any meta tags or any other “hidden text” utilizing our name or trademarks. Without prejudice to any other right, we may have, any unauthorized use terminates the permission granted by us to use the site.
- You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the site so long as the link does not portray us, the site and its materials in a false, misleading, derogatory, or otherwise offensive matter. Provided however that you shall not use any of our logo or other proprietary graphic or trademark as part of the link without our express written permission.
- You acknowledge that storing, distributing or transmitting the Material may expose you to criminal and/or civil liability.
3. PRICING AND PAYMENT
- You agree, understand and confirm that the credit card details provided by you for availing of services provided on this website will be correct and accurate. You shall not use a credit card, which is not lawfully owned by you that is, in a credit card transaction, you must ensure you are using your own credit card.
- You further agree and undertake to provide the correct and valid credit card details. The company commits to keeping the information provided by you as ‘confidential information’ and assures you that the company will not share the said information with any third parties unless or otherwise required for fraud investigations or by law, regulation or a court order. The company will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the responsibility to ‘prove otherwise’ shall be exclusively borne by you.
- Your payment via a credit card will be debited for your order on the day we send you a formal confirmation of the order.
- All the products and information displayed on www.ektho.com constitute an invitation to offer. Your order for purchase constitutes your offer, which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order.
- No act or omission by ektho prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. If you have provided us with your email address, the company will notify you by email as soon as possible to confirm receipt of your order and [email/call] you again to confirm dispatch and therefore acceptance of the order.
- We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
- The packaging of the product may vary from the packaging of the product displayed on the website.
- All products are subject to availability. We reserve the right to limit the number of products we supply, supply only part of an order or to divide up orders. We will intimate you via an email if we are unable to process your order and the money paid up towards to the order will be refunded to your bank account.
- All payments carried out on www.ektho.com are securely processed. We accept payments either via a Bank Transfer or Swift Transfer. This mode of payment is most preferable. Besides, we also accept payments through PayPal accounts and all the internationally accepted Debit/ Credit cards. We will ensure a confirmation of ordered item(s), availability and shipping before processing your order transaction. You will be intimated by email if we are unable to process or complete your order.
- For international deliveries, additional duties and taxes may be applicable to the ordered items as per your country’s regulations, which will be billed separately to you by the courier company at the time of delivery.
4. MANNER OF ACCESS AND USE OF SITE
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
- Belongs to another person and to which You do not have any right to;
- 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;
- Harm minors in any way;
- Infringes any patent, trademark, copyright or other proprietary rights;
- Violates any law for the time being in force;
- Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- Impersonate another person;
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
- 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 any other nation.
5. OUR RIGHTS
- We reserve the right to adjust or modify the design or specification of any product on the site at our sole discretion. Further, the actual specifications and design of any product may be different from the specifications or design of such product as displayed on the site.
- We reserve the right to withdraw any product from the site or from the market at any time and we shall not be liable to you or to any person for the same.
- We will determine your compliance with these terms in our sole discretion and our decision shall be final and binding. Any violation of these terms may result in restrictions on your access to all or part of the site and may be referred to law enforcement authorities. No waiver of any of these terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of ours. We reserve the right to modify or discontinue this site, or any portion thereof without notice to you or any third party. Upon termination of your access to the site, or upon demand by us, you must destroy all materials obtained from this site and all related documentation and all copies and installations thereof.
6. INTELLECTUAL PROPERTY RIGHTS
- The site contains, or may in the future contain, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property and content (collectively, the materials) owned by or licensed to us or other authorized third parties and are protected from unauthorized use, copying and dissemination by copyright, trademark, publicity and other laws and by international treaties.
- Some of the characters, branding, logos or images on the materials or products on the site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us or others (trademark). You will not infringe the copyrights, trademarks or other intellectual property rights of ours or the content suppliers. You hereby agree that (i) modification of the materials on the site;(ii) use of the materials on the site on any other web site or networked computer environment; or (iii) use of the materials on the site for any purpose other than personal, non-commercial use, is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. The materials, copyrights or trademarks may not be used in connection with any other product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Further, you (i) agree to refrain from and (ii) are prohibited from registering any domain name which violates the trademarks of ours or our content suppliers or which implies or suggests that such domain name is affiliated in any way with ours or our content suppliers.
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
- You expressly understand and agree that
- You accessing or use of the site is at your sole risk. The products displayed on the site are provided on an “as-is” and “as-available” basis. We and our licensors, suppliers, vendors, subsidiary and related companies, affiliates, officers, agents and employees expressly disclaim all warranties of any kind in relation to the products, whether expressed or implied, including, but not limited to the implied warranty of merchantability, fitness for a particular purpose and non-infringement and do not make any warranties or representations regarding the use of the products in terms of their adequacy, usefulness, reliability or otherwise;
- We and our licensors, suppliers, vendors, parent, holding, subsidiary and related companies, affiliates, officers, agents and employees make no representation/warranty that:
- The products will meet your requirements or the product will be available for sale;
- The site or the links provided on the site will be accessible at any time or at all times;
The materials contained on, distributed through, or linked, downloaded or accessed from or through the site, or the results that may be obtained from the use of the site, will be accurate or reliable;
- The actual specifications and designs of the product shall match the specifications and designs of the product displayed on the site.
- Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system, mobile telephone or other access device or loss of data that results from the download of any such material;
- Any reliance upon or use of any products shall be at your own discretion and risk;
- Nothing on the site constitutes, or is meant to constitute, advice or recommendation of any kind;
- In addition to the above, the purchase of the products shall be governed by certain other terms and conditions which may be set out in the warranty cards, invoices, our internal policies or any other relevant documents in relation to the product.
- You acknowledge and agree that we may preserve any information provided by you or obtained from you while accessing or using the site and may also disclose such information if it is required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the terms;
- respond to claims that any material on the site violates the rights of third parties;
- protect the rights, property, or personal safety of us, our users and the public.
- The information on the site may contain technical inaccuracies or typographical errors and information will be changed, deleted or updated without notice. We may make changes to or improvements in the products described on the site at any time. In the event that a product is mistakenly listed at an incorrect price, we reserve the right to refuse or cancel any orders placed for the product listed at the incorrect price.
- We make no representation or warranty whatsoever regarding the completeness, accuracy, currency or adequacy of any information, facts, views, opinions, statements or recommendations contained on this site. Reference to any product, process, publication or service of any third party by trade name, domain name, trademark, service mark, logo, and the manufacturer or otherwise does not constitute or imply its endorsement or recommendation by us. You are responsible for seeking the advice of professionals, as appropriate, regarding the information, opinions and advice on the materials available on this site and arrive at your independent judgment regarding the materials.
- The internet may be subject to breaches of security. We are not responsible for any damage resulting to your computer from any such security breaches, or from any virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deletion, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction. You should also be aware that any email submissions over the internet may not be secure, and you should consider this before emailing us any information. We make no representation or warranty whatsoever regarding the suitability, functionality, availability or operation of this site. This site may be temporarily unavailable due to maintenance or malfunction of computer equipment.
- Any communication or material you transmit to us by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit may be used by us or our affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how or techniques contained in any communication you send to the site for any purpose whatsoever, including developing manufacturing and marketing products using such information.
- Your use and browsing of the site are at your risk. If you are dissatisfied with any of the materials contained on the site, or with any of these terms, your sole and exclusive remedy is to discontinue accessing and using the site.
- It is hereby clarified and agreed that under no circumstances will we, our suppliers or other third parties mentioned at, or involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the site, any web sites linked to the site, or any materials contained or products displayed at any or all such sites (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to other websites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall not have any liability or responsibility for any acts, omissions, or conduct of any user or other third parties.
8. INTERNATIONAL USERS
The site is administered by us from our offices in India. Materials published at the site may refer to products, programs, or services that are not available in your country. Furthermore, we make no representation that the products at the site are appropriate or available for use at your locations outside India. If you access the site from a location outside of India, you are responsible for compliance with all applicable laws.
You agree to indemnify and hold us harmless, our licensors, content suppliers, vendors, subsidiaries and related companies, affiliates, officers, agents, co-branders or other partners, and employees, harmless from and against any and all claims, demands, damages, losses, liabilities, costs or expenses, including reasonable attorney’s fees and expert witness fees, resulting from your breach of any provision of the terms, representations or warranties, your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party and/or from your placement or transmission of any content onto our servers/site, and/or from any and all use of the site.
You agree that we, at our sole discretion, and at any time discontinue the site or selling the products, or any part thereof, with or without notice. Further, you agree that we shall not be liable to you or any third party for any termination or discontinuance of the site. The provisions of paragraphs 6,8, 12 and 13 of these terms and such other paragraphs which by their nature survive these terms’ expiration or termination shall survive any such termination.
11. DEALING WITH THIRD PARTIES
- The site may also include access to products and services of independent third parties either directly or via links to websites operated by such third parties. These sites, software or applications may contain information or material that some people may find inappropriate or offensive. These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.
- In all cases, your correspondence or business dealings with, or participation in promotions of, other parties found on or through the site (including without limitation providers of products and services, advertisers and other users of the services), 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, even where it is in relation to any products or services that are co-branded with us which may include our trademarks. We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the site or our software since such other sites are owned and operated by independent retailers. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.
- You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, the result of the presence of such third parties on the site, or as the result of the use of the site in any way by such third parties.
The site may provide, or third parties may provide, links to other World Wide Web or other online electronic sites or resources. You acknowledge that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, in any manner whatsoever, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. DISPUTE RESOLUTION AND APPLICABLE LAW
You agree that all matters relating to your access to or use of the site, including all disputes and differences, will be governed by the laws of India. The competent courts situated at Gandhinagar, Gujarat shall have jurisdiction in respect of all disputes and differences and you hereby waive any objection to such jurisdiction or venue.
14. MODIFICATION AND SEVERABILITY
We reserve the right to make changes to, modify, add, remove or update our site, policies and these terms at any time without notice to you of such changes being made. We encourage you to refer to these terms from time to time to remain updated as to the terms. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. We reserve the right, in our sole discretion, to revise these terms at any time and correct any errors or omissions in any portion of the site. Provided however, that we are under no obligation to update the site. We may also make changes in the products or prices (if any) described in the site at any time without notice.
No waiver by us (whether express or implied) in enforcing any of our rights under these terms or otherwise shall prejudice our rights to do so in the future.
17. COPYRIGHT COMPLAINT
Any complaints or concerns with regards to materials or to report any abuse of laws including copyright or breach of the terms may be taken up by sending an email to the email id: email@example.com