Terms and Conditions
Welcome to the website of OOKY.IN . We provide its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any OOKY.IN service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. OOKY.IN reserves the right to change this site and these terms and conditions at any time.
Use of Site:
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, OOKY.IN hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Rosegal.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Rosegal.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by OOKY.IN in advance. OOKY.IN reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if OOKY.IN believes that customer conduct violates applicable law or is harmful to Rosegal.com's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Rosegal.com 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 Rosegal.com has 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 OOKY.IN of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
New Users Subscribed By Default to Newsletter.
Notice: OOKY can ship from different warehouses. For orders with more than item, we may split your order into several packages according to stock levels at our own discretion. OOKY will process orders according to the dispatch time indicated on the website. If the item has not been shipped based on this estimation, we will offer the customer a solution via the Support Center. If the customer contacts us before this we will act according to their requests and our policy. Thank you for your understanding.
Applicable Law
These conditions are governed by and construed exclusively under the law of Luxembourg without regard to conflicts of laws principles.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide OOKY.IN , including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to OOKY.IN without charge and OOKY.IN shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of OOKY.IN and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by OOKY.IN in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. Rosegal.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant Rosegal.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by Rosegal.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Rosegal.com or third parties as to the origin of any Submissions or Content. Rosegal.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Copyright
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of Rosegal.com (collectively, "Content"), belongs exclusively to Rosegal.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by Rosegal.com, without Rosegal.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on Rosegal.com as well as the use of Rosegal.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to Rosegal.com. You may not use Rosegal.com's Content or Compilation in any manner that disparages or discredits Rosegal.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of Rosegal.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by Rosegal.com. Violators will be prosecuted to the full extent of the law.
Rosegal.com recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to Rosegal.com and are the sole property of the copyright or trademark holders. Our dresses are inspired by celebrity style and are our recreations of item's worn by the celebrities on your favorite television shows and the red carpet, however they are not authorized, endorsed by, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights.
Intellectual Property Infringement Policy
It is the policy of Rosegal.com to take appropriate action where necessary to uphold and recognize all relevant State, Federal and International laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws. If you are an intellectual property rights owner and you believe that Rosegal.com sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to [email protected]
Information required
1. An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
2. A description of the allegedly infringing work or material;
3. A description of where the allegedly infringing material is located on the site (product(s) URL);
4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
6. Identification of the intellectual property rights that you claim are infringed by the Website(e.g. "XYZ copyright", "ABC trademark, Reg. No. 123456, registered 1/1/04",etc);
7. A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
Termination and Effect of Termination
In addition to any other legal or equitable remedies, Rosegal.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the site and Rosegal.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s), and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SAME OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY Rosegal.COM ON AN "AS IS" BASIS. Rosegal.COM MAKES NO PRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED HERE TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Rosegal.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. Rosegal.COM DOES NOT WARRANT THAT THE CONTENT WILL BE UNITERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Rosegal.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO,INDIRECT INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Rosegal.COM's TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO Rosegal.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO Rosegal.COM'S LIABILITY. Rosegal AND/OR THE SELLER WILL ACT IN ACCORDANCE WITH THE WARRANTY AS PROVIDED BY THE PLATFORM WHEN AND ONLY WHEN DAMAGE IS IN CONNECTION WITH THE MERCHANDIZE AND HAS VALID AND CONFIRMED MANUFACTURING DEFECTS. Rosegal AND/OR THE SELLER WILL NOT BE HELD LIABLE FOR ANY DAMAGES RESULTING FROM CUSTOMERS IMPROPER USE, PERSONAL NEGLIGENCE, AND/OR OTHER REASONS THAT DO NOT ATTRIBUTE TO ITEM DEFECTS.
User Account
For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, Rosegal.com reserves the right to suspend accounts without further notice.
In accordance with Customs regulations customers must provide valid and accurate data . All consignee names, address and payers name should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customers sole responsible for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not held responsible and will not offer any compensation in such cases.
Rosegal will always comply with the law, and we kindly remind users to do the same. As the importer customers are responsible to comply with all laws and regulations in their own countries. Please refer to our privacy policy for more information.
Order Acceptance
Please note that there may be certain orders that we are unable to accept and must cancel. Rosegal.com reserves the right, at sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Rosegal is not responsible for late deliveries for special occasions, such as birthdays, or other events. We encourage customers to place their order in advance to ensure there is enough time to receive their item.
Both parties agree that, following order dispatch, transportation is the sole responsibility of the third-party logistics provider. During this stage, full ownership of the product(s) belongs to the buyer; all associated liability and risks during transportation shall be borne by the buyer. All orders reported as "delivered" by shipping companies are considered delivered. Rosegal cannot be made liable of non-delivery in this case.
Bugs
While Rosegal works hard to ensure a correct working of the website in order to provide to customers the best shopping experience, there might be occasions in which bugs may affect the system. Customers cannot obtain any benefits from such bugs, which are considered unfair to any and all effects, and customers will have to immediately give them up.
Typographical Errors
While Rosegal.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Rosegal.com cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Rosegal.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, Rosegal.com may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Pricing in Different Currencies
Pricing of products sold by Rosegal.com is based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the Site, other than on the individual product page, may not be the most current. Areas of the Site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to Rosegal.com, excluding shipping.
Under this agreement, the payment processing services for goods and/or services purchased on this website are provided by Rosegal company.
In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and Rosegal.com. For any other type of purchases, these terms are an agreement between you and Rosegal.com and goods and/or services will be delivered by Rosegal.com directly.
Links
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Rosegal.com is not responsible for the operation of or content located on or through any such site.
Remedies
You agree that Rosegal.com's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Rosegal.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Rosegal.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Rosegal.com shall be exclusive of any other, whether at law or in equity, including, without limitation, damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by Rosegal.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
Order Cancelation
Please note that packed or shipped orders cannot be canceled or changed. Only orders that are paid, processing or partially shipped may be modified. Please contact our dedicated customer service team as soon as possible if you would like to cancel a shipped order. Our agents will help you the best they can, however, if an order cannot be canceled, please accept the package and refer to our warranty page.
Customer Code of Conduct
At OOKY we are always here for our customers and will do our best to resolve all issues to customer's satisfaction in a polite, professional and amicable way. Thus, we will not tolerate any unacceptable or unreasonable behavior towards our Customer Service Team members.
Unacceptable behavior directed towards Customer Service staff or Rosegal may, for example, include but not be limited to any of the following:
-Aggressive, abusive and threatening behavior. Examples include: any and all direct or implied threats on any communication channel; intimidating language; personal and verbal abuse; sexist, racist, homophobic, or derogatory remarks; rudeness; inflammatory statements; swearing; and unsubstantiated allegations.
-Persistently making habitually demanding or vexatious complaints, despite the matter having been fully addressed; similarly, repeating complaints persisting despite reasonable and fair solutions being offered in accordance with our policies.
-Asking, expecting or demanding staff to breach established company policy guidelines, e.g. refund amount, time-frame, special compensation, etc.; similarly, seeking an unrealistic outcome beyond the scope of our own policies and procedures. By default, the refund amount cannot exceed the original order amount paid to Rosegal.
-Repeatedly changing the nature (or focus) of a complaint or the desired outcome, part way, after a formal response has been provided.
-Excessive number of complaints compared to the total purchase value history. Including opening an excessive number of Live Chat or tickets.
For such behavior, complainants may be advised and formally notified of the following:
-Their language is considered offensive, abusive, threatening, and wholly unacceptable.
-They must refrain from using such language, intimidation, and threats.
-There will be no further exchange of correspondence on the matter if they persist with this behavior.
-Rosegal reserves the right to no longer accept orders from the customer in the future without further notice."
Rosegal Complaint Escalation Process
This process applies strictly to Customer Service issues. For separate legal issues such as copyright, please refer to our legal window here :
If the customer is dissatisfied with the solution offered by our Customer Service, the customer may contact our Customer Service Supervisor by submitting a new ticket in "submit a formal complaint" section as follows:
Contact us > Submit a ticket > Select Warranty & R.M.A enquiries > Submit a formal complaint.
Please contact us within 3 months from the shipment date if you still have not received your package when shipped via standard, flat rate or priority shipping. For Latin America this deadline is extended to 4 months for postal deliveries. All expedited delivery issues must also be reported within 3 months from the shipment date. After this period, we will no longer be able to offer compensation. Kindly note that packages shown as delivered on the shipping courier's website by expedited shipping method are exempt from this policy.
We respond to all complaints within 24 hours except on weekends and public holidays.
costumers eshop.com is a sole proprietary firm , Juridical rights of eshop.com are reserved with eshop
Personal Information eshop.com and the website eshop.com (”The Site”) . respects your privacy. This Privacy Policy succinctly provides the manner your data is collected and used by eshop.com. on the Site. As a visitor to the Site/ Customer you are advised to please read the Privacy Policy carefully.
Services Overview As part of the registration process on the Site, eshop.com may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, GPS location, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
Eligibility Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years, your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
License & Site Access eshop.com grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of eshop.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of eshop.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of eshop.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or eshop.com’s name or eshop.com’s name or trademarks without the express written consent of eshop.com. Any unauthorized use, terminates the permission or license granted by eshop.com
Account & Registration Obligations All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.
Pricing All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
Cancellation by Site / Customer You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will Credit your wallet against any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
Return & Refunds We have a "no questions asked return policy" which entitles all our Delivery Ambassadors to return the product at the time of delivery if due to any reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills. Refund will be processed through same online mode within 7 working days.
Delivery & Shipping Charge
1.You can expect to receive your order depending on the delivery option you have chosen.
2.You can order 24*7 in website & mobile application , Our delivery timeings are between 06:00 AM - 02:00PM Same day delivery.
3.You will get free shipping on order amount above Rs.150.
You Agree and Confirm
1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by eshop. for redelivery shall be claimed from you.
2. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
3. You will provide authentic and true information in all instances where such information is requested you. eshop reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You may not use the Site for any of the following purposes:
1. Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person's use or enjoyment of the Site.
5. Breaching any applicable laws;
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Colors we have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Modification of Terms & Conditions of Service eshop may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.
Governing Law and Jurisdiction This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Faridabad shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by eshop and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Nagpur. The High Court of judicature at Nagpur Bench of Mumbai High Court alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of eshop Such disclosure, submission or offer of any Comments shall constitute an assignment to eshop of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, eshop owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. eshopwill be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. eshop is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". eshop does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant eshopthe right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify eshop and its affiliates for all claims resulting from any Comments you submit. eshop and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark eshop.com and eshop.com, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of eshop.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to eshop.com from eshop.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of eshop.com and/or eshop.com. You may not modify, distribute or re-post anything on this website for any purpose.The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of eshop.com, eshop.com, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply eshop.com or eshop.com's endorsement, sponsorship or recommendation of the third party, information, product or service. eshop.com or eshop.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of eshop.com or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by eshop.com, one of its affiliates or by third parties who have licensed their materials to eshop.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of eshop.com and eshop.com and is also protected by Indian and international copyright laws.
Objectionable Material You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, eshop.com and/or eshop.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
Indemnity You agree to defend, indemnify and hold harmless eshop.com, eshop.com, its employees, directors, Coordinators, officers, agents, interns and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to eshop.com or eshop.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination This User Agreement is effective unless and until terminated by either you or eshop.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. eshop.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to eshop.com. Upon any termination of the User Agreement by either you or eshop.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. eshop.com's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
