Conditions Relating to Your Use of Ekrate.in
1. Your Account
If you use the
website, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer to prevent
unauthorised access to your account. You agree to accept responsibility for all
activities that occur under your account or password. You should take all
necessary steps to ensure that the password is kept confidential and secure and
should inform us immediately if you have any reason to believe that your
password has become known to anyone else, or if the password is being, or is
likely to be, used in an unauthorised manner. Please ensure that the details
you provide us with are correct and complete and inform us immediately of any
changes to the information that you provided when registering. You can access
and update much of the information you provided us with in the your account area
of the website. You agree and acknowledge that you will use your account on the
website to purchase products only for your personal use and not for business
purposes. Should you wish to order products for business purposes, please
create a business account on Ekrate.in reserves the right to refuse
access to the website, terminate accounts, remove or edit content at any time
without notice to you.
2. Privacy
Please review our
Privacy Notice, which also governs your visit to Ekrate.in, to understand our
practices. The personal information / data provided to us by you during the
course of usage of Ekrate.in will be treated as strictly confidential and in
accordance with the Privacy Notice and applicable laws and regulations. If you
object to your information being transferred or used, please do not use the
website.
3. E-Platform for
Communication
You agree, understand
and acknowledge that the website is an online platform that enables you to
purchase products listed on the website at the price indicated therein at any
time from any location. You further agree and acknowledge that Ekrate is only a
facilitator and is not and cannot be a party to or control in any manner any
transactions on the website. Accordingly, the contract of sale of products on
the website shall be a strictly bipartite contract between you and the sellers
on Ekrate.in.
4. Access to Ekrate.in
We will do our utmost
to ensure that availability of the website will be uninterrupted and that
transmissions will be error-free. However, due to the nature of the Internet,
this cannot be guaranteed. Also, your access to the website may also be
occasionally suspended or restricted to allow for repairs, maintenance, or the
introduction of new facilities or services at any time without prior notice. We
will attempt to limit the frequency and duration of any such suspension or
restriction.
5. Licence for website
access
Subject to your
compliance with these Conditions of Use and payment of applicable fees, if any,
Ekrate Seller Services Private Limited grants you a limited licence to access
and make personal use of this website, but not to download (other than page
caching) or modify it, or any portion of it, except with express written
consent of Ekrate Seller Services Private Limited and / or its affiliates, as
may be applicable. This licence does not include any resale or commercial use
of this website or its contents; any collection and use of any product
listings, descriptions, or prices; any derivative use of this website or its
contents; any downloading or copying of account information for the benefit of
another seller; or any use of data mining, robots, or similar data gathering
and extraction tools.
This website or any
portion of this website (including but not limited to any copyrighted material,
trademarks, or other proprietary information) may not be reproduced,
duplicated, copied, sold, resold, visited, distributed or otherwise exploited
for any commercial purpose without express written consent of Ekrate Seller
Services Private Limited and / or its affiliates, as may be applicable.
You may not frame or
use framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of Ekrate.in and its
affiliates without express written consent. You may not use any meta tags or
any other "hidden text" utilising Ekrate Seller Services Private
Limited's or its affiliates' names or trademarks without the express written
consent of Ekrate Seller Services Private Limited and / or its affiliates, as
applicable. Any unauthorised use terminates the permission or license granted
by Ekrate Seller Services Private Limited and / or its affiliates, as
applicable.
You are granted a
limited, revocable, and non-exclusive right to create a hyperlink to the
Welcome page of Ekrate.in as long as the link does not portray Ekrate Seller
Services Private Limited, Ekrate.in, their affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any Ekrate.in logo or other proprietary graphic or trademark as
part of the link without express written consent of Ekrate Seller Services
Private Limited and / or its affiliates, as may be applicable.
6. Your Conduct
You must not use the
website in any way that causes, or is likely to cause, the website or access to
it to be interrupted, damaged or impaired in any way You understand that you,
and not Ekrate.in, are responsible for all electronic communications and
content sent from your computer to us and you must use the website for lawful
purposes only. You must not use the website for any of the following:
·
for fraudulent
purposes, or in connection with a criminal offense or other unlawful activity
·
to send, use or reuse
any material that does not belong to you; or is illegal, offensive (including
but not limited to material that is sexually explicit content or which promotes
racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent,
harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic
or menacing; ethnically objectionable, disparaging or in breach of copyright,
trademark, confidentiality, privacy or any other proprietary information or
right; or is otherwise injurious to third parties; or relates to or promotes
money laundering or gambling; or is harmful to minors in any way; or
impersonates another person; or threatens the unity, integrity, security or
sovereignty of India or friendly relations with foreign States; or
objectionable or otherwise unlawful in any manner whatsoever; or which consists
of or contains software viruses, political campaigning, commercial
solicitation, chain letters, mass mailings or any "spam
·
to cause annoyance,
inconvenience or needless anxiety
7. Reviews, comments,
communications and other content
Users of this website
may post reviews, comments and other content; send communications; and submit
suggestions, ideas, comments, questions, or other information, as long as the
content is not illegal, obscene, abusive, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or otherwise injurious to
third parties, or objectionable and does not consist of or contain software
viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." In the event a user uses a false
e-mail address, impersonates any person or entity, or otherwise misleads as to
the origin of any content. Ekrate.in reserves the right (but not the obligation)
to remove, refuse, delete or edit any content that in the sole judgement of Ekrate.in
violates these Conditions of use and, or terminate your permission to access or
use this website.
If you do post content
or submit material, and unless we indicate otherwise, you
1.
(a) Grant Ekrate
Seller Services Private Limited and its affiliates a non-exclusive,
royalty-free, irrevocable, perpetual and fully sublicensable rights to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media; and
2.
(b) Ekrate Seller
Services Private Limited and its affiliates and sublicensees the right to use
the name that you submit in connection with such content, if they choose.
You agree that the
rights you grant above are irrevocable during the entire period of protection
of your intellectual property rights associated with such content and material.
You agree to waive your right to be identified as the author of such content and your right to object
to derogatory treatment of such content. You agree to perform all further acts
necessary to perfect any of the above rights granted by you to Ekrate Seller
Services Private Limited, including the execution of deeds and documents, at
its request.
You represent and
warrant that you own or otherwise control all of the rights to the content that
you post or that you otherwise provide on or through the website; that, as at
the date that the content or material is submitted to Ekrate.in: (i) the
content and material is accurate; (ii) use of the content and material you
supply does not breach any applicable Ekrate.in policies or guidelines and will
not cause injury to any person or entity (including that the content or
material is not defamatory); (iii) the content is lawful. You agree to
indemnify Ekrate Seller Services Private Limited and its affiliates for all
claims brought by a third party against it or its affiliates arising out of or
in connection with a breach of any of these warranties.
8. Claims against
Objectionable Content
Because Ekrate.in
lists millions of products for sale offered by sellers on the website and hosts
many thousands of comments, it is not possible for us to be aware of the
contents of each product listed for sale, or each comment or review that is
displayed. Accordingly, Ekrate.in operates on a "notice and takedown"
basis. If you believe that any content on the website is illegal, offensive
(including but not limited to material that is sexually explicit content or
which promotes racism, bigotry, hatred or physical harm), deceptive, misleading,
abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene,
pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or
is otherwise injurious to third parties; or relates to or promotes money
laundering or gambling; or is harmful to minors in any way; or impersonates
another person; or threatens the unity, integrity, security or sovereignty of
India or friendly relations with foreign States; or objectionable or otherwise
unlawful in any manner whatsoever; or which consists of or contains software
viruses, (" Objectionable Content "), please notify us immediately by
following our Notice and Procedure for Making
Claims of Right Infringements. Once this procedure
has been followed, Ekrate.in will make all reasonable endeavours to remove such
Objectionable Content complained about within a reasonable time.
9. Copyright, authors'
rights and database rights
All content included
on the website, such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software, is the property of Ekrate
Seller Services Private Limited, its affiliates or its content suppliers and is
protected by India and international copyright, authors' rights and database
right laws. The compilation of all content on this website is the exclusive
property of Ekrate Seller Services Private Limited and its affiliates and is
protected by laws of India and international copyright and database right laws.
All software used on this website is the property of Ekrate Seller Services
Private Limited, its affiliates or its software suppliers and is protected by
India copyright and author' rights laws.
You may not
systematically extract/ or re-utilise parts of the contents of the website
without Ekrate Seller Services Private Limited and / or its affiliate's (as may
be applicable) express written consent. In particular, you may not utilise any
data mining, robots, or similar data gathering and extraction tools to extract
(whether once or many times) for re-utilisation of any substantial parts of
this website, without Ekrate Seller Services Private Limited and / or its
affiliate's (as may be applicable) express written consent. You may also not
create and/ or publish your own database that features substantial (eg: prices
and product listings) parts of this website without Ekrate Seller Services
Private Limited and / or its affiliate's (as may be applicable) express written
consent.
10. Intellectual Property
Claims
Ekrate Seller Services
Private Limited and its affiliates respect the intellectual property of others.
If you believe that your intellectual property rights have been used in a way
that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right
Infringements.
11. Trademarks
EKRATE.IN, EKRATE, THE
EKRATE LOGO, AND YOU'RE DONE, 1-CLICK, EARTH'S BIGGEST SELECTION, PURCHASE
CIRCLES, LISTMANIA, NEW FOR YOU, EKRATE.COM, EKRATE.DE, EKRATE.FR, EKRATE.IT, EKRATE.CO.JP,
EKRATE.CA, EKRATE HONOR SYSTEM, PAYPAGE and other marks indicated on our
website are trademarks or registered trademarks of Ekrate.com, Inc. or its
subsidiaries (collectively "Ekrate"), in the European Union and/or
other jurisdictions. Ekrate.in's graphics, logos, page headers, button icons,
scripts and service names are the trademarks or trade dress of Ekrate. Ekrate's
trademarks and trade dress may not be used in connection with any product or
service that is not Ekrate's, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Ekrate. All
other trademarks not owned by Ekrate that appear on this website are the
property of their respective owners, who may or may not be affiliated with,
connected to, or sponsored by Ekrate.
12. Disclaimer
You acknowledge and
undertake that you are accessing the services on the website and transacting at
your own risk and are using your best and prudent judgment before entering into
any transactions through the website. You further acknowledge and undertake
that you will use the website to order products only for your personal use and
not for business purposes. We shall neither be liable nor responsible for any
actions or inactions of sellers nor any breach of conditions, representations
or warranties by the sellers or manufacturers of the products and hereby
expressly disclaim and any all responsibility and liability in that regard. We
shall not mediate or resolve any dispute or disagreement between you and the
sellers or manufacturers of the products.
We further expressly
disclaim any warranties or representations (express or implied) in respect of
quality, suitability, accuracy, reliability, completeness, timeliness,
performance, safety, merchantability, fitness for a particular purpose, or
legality of the products listed or displayed or transacted or the content
(including product or pricing information and/or specifications) on the
website. While we have taken precautions to avoid inaccuracies in content, this
website, all content, information (including the price of products), software,
products, services and related graphics are provided as is, without warranty of
any kind. We do not implicitly or explicitly support or endorse the sale or
purchase of any products on the website. At no time shall any right, title or
interest in the products sold through or displayed on the website vest with Ekrate
nor shall Ekrate have any obligations or liabilities in respect of any
transactions on the website.
13. Indemnity and
Release
You shall indemnify
and hold harmless Ekrate Seller Services Private Limited, its subsidiaries,
affiliates and their respective officers, directors, agents and employees, from
any claim or demand, or actions including reasonable attorney's fees, made by
any third party or penalty imposed due to or arising out of your breach of
these Conditions of Use or any document incorporated by reference, or your
violation of any law, rules, regulations or the rights of a third party.
You hereby expressly
release Ekrate Seller Services Private Limited and/or its affiliates and/or any
of its officers and representatives from any cost, damage, liability or other
consequence of any of the actions/inactions of the vendors and specifically
waiver any claims or demands that you may have in this behalf under any
statute, contract or otherwise.
14. Children
Use of Ekrate.in is
available only to persons who can form a legally binding contract under the
Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years,
you may use Ekrate.in only with the involvement of a parent or guardian.
15. Other Businesses
Parties other than Ekrate
Seller Services Private Limited and its affiliates may operate stores, provide
services, or sell product lines on Ekrate.in. For example, businesses and
individuals offer products via Marketplace. In addition, we provide links to
the websites of affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant or endorse the
offerings of any of these businesses or individuals, or the content of their
websites. Ekrate Seller Services Private Limited does not assume any
responsibility or liability for the actions, products, and content of any of
these and any other third-parties. You can tell when a third-party is involved
in your transactions, and we may share customer information related to those
transactions with that third-party. You should carefully review their privacy
statements and other conditions of use.
16. Communications
When you visit Ekrate.in,
you are communicating with us electronically. You will be required to provide a
valid phone number while placing an order with us. We may communicate with you
by e-mail, SMS, phone call or by posting notices on the website or by any other
mode of communication. For contractual purposes, you consent to receive
communications (including transactional, promotional and/or commercial
messages), from us with respect to your use of the website and/or your order
placed on the website.
17. Losses
We will not be
responsible for any business loss (including loss of profits, revenue,
contracts, anticipated savings, data, goodwill or wasted expenditure) or any
other indirect or consequential loss that is not reasonably foreseeable to both
you and us when you commenced using the website.
18. Alteration of
Service or Amendements to the Conditions
We reserve the right
to make changes to our website, policies, and these Conditions of Use at any
time. You will be subject to the policies and Conditions of Use in force at the
time that you use the website or that you order goods from us, unless any
change to those policies or these conditions is required to be made by law or
government authority (in which case it will apply to orders previously placed
by you). If any of these conditions is deemed invalid, void, or for any reason
unenforceable, that condition will be deemed severable and will not affect the
validity and enforceability of any remaining condition.
19. Events beyond our
reasonable control
We will not be held
responsible for any delay or failure to comply with our obligations under these
conditions if the delay or failure arises from any cause which is beyond our
reasonable control. This condition does not affect your statutory rights.
20. Waiver
If you breach these
conditions and we take no action, we will still be entitled to use our rights
and remedies in any other situation where you breach these conditions.
21. Governing law and
Jurisdiction
These conditions are
governed by and construed in accordance with the laws of India. You agree, as
we do, to submit to the exclusive jurisdiction of the courts at Delhi.
22. Our Details
This website is operated
by Ekrate Seller Services Private Limited.
For the ekrate.in
website, you could contact us by visiting: https://ekrate.in/contact
23. Ekrate Software Terms
In addition to these
Conditions of Use, the terms found here apply to any
software (including any updates or upgrades to the software and any related
documentation) that we make available to you from time to time for your use in
connection with Ekrate Services (the "Ekrate Software").