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TERMS AND CONDITIONS OF USE (“TERMS”)
Please read these Terms carefully before using this Website. By
using this Website, you acknowledge that you have read, understood and agreed
to be bound by the Terms contained on this legal webpage, which govern eshopchoice relationship
with you in relation to this Website and Services. eShopchoice, a Proprietorship
Firm, may revise and update these Terms from time to time. Your continued usage
of the Website/Mobile Application is considered as an implied acceptance of the
changes and that you agree to abide by the changed Terms.
In these Terms,
references to “you”, “your”, “User(s)”, “they” shall mean the end user
(including its successors and permitted assigns) accessing the Website/Mobile
Application, its contents and using the Services offered through the
Website/Mobile Application, “we”, “us” and “our” shall mean eShopchoice and
“party”, “parties” shall mean you and/or eShopchoice as the context may
www.eshopchoice.com website (“Website”) is an internet based content and e-commerce
portal operated by eShopchoice and includes its Mobile Application.
Use of the
Website/Mobile Application is offered to you conditioned on acceptance without
modification of all the terms, conditions and notices contained in these Terms,
as may be posted on the Website/Mobile Application from time to time. eShopchoice
at its sole discretion reserves the right not to accept a User from registering
on the Website/Mobile Application without assigning any reason thereof.
PASSWORD, AND SECURITY:
You need to enter
the password during the account registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account. You
agree to (a) immediately notify eShopchoice of any unauthorized use of
your password or account or any other breach of security, and (b) ensure that
you exit from your account at the end of each session. eShopchoice cannot and
will not be liable for any loss or damage arising from your failure to comply
with this clause.
a number of Internet-based services through its Website and the Mobile
Application (all such services, collectively, the “Service“). One such service enables users to purchase
unstitched fabrics from various fabric brands (collectively, “Products“). The Products can be purchased through the
Website/Mobile Application through various methods of payment offered. The
sale/purchase of Products shall be additionally governed by specific policies
of sale, like Shipping & Delivery policy , Cancellation & Return policy, prevailing rules & regulations of
statutory authorities etc. In addition, these terms and policies may be further
supplemented by Product specific conditions, which may be displayed on the
webpage of that Product. Upon placing an order, eShopchoice shall ship the
Product to you and be entitled to its payment for the Services.
the right to introduce fees for the services (COD Charges/Shipping Charges
etc.,) offered or amend existing fees as the case may be. Changes to the Fee
Policy shall automatically become effective immediately after they are posted
on the Website/Mobile App(www.eshopchoice.com ).
The User hereby
consents, expresses and agrees that he has read and fully understands the Privacy
Policy of eShopchoice. The
acceptable to him.
By providing your
data, you agree to be communicated by us via email and sms to facilitate your
navigation of and shopping from the Website/Mobile Application. We may
communicate promotional offers periodically and as and when required.
USER CONDUCT AND
You will not, nor will
allow third parties acting on your behalf to (i) make and distribute copies of
the Mobile Application (ii) attempt to copy, reproduce, alter, modify, reverse
engineer, disassemble, decompile, transfer, exchange or translate the Mobile
Application; or (ii) create derivative works of the Mobile Application of any
You acknowledge and
agree that the terms of agreement with your respective mobile network provider
will continue to apply when using the Mobile Application. As a result, you may
be charged by the mobile network provider for access to the network connection
services for the duration of the connection while accessing the Mobile
Application or any such third party charges as may arise. eShopchoice specifically
denies any liability for such charges.
You agree and
undertake to use the Website/Mobile Application and the Services only for
purposes and post and upload data/information/material that are permitted and
are proper. By way of example, and not as a limitation, you agree and undertake
that when using the Website and/or a Service, you will not:
host, display, upload,
modify, publish, transmit, disseminate, update or share any
belongs to another
person and to which you do not have any right to;
is grossly harmful,
harassing, inappropriate, blasphemous defamatory, obscene, pornographic, paedophilic,
profane, 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
infringes any patent,
trademark, copyright or other proprietary rights;
deceives or misleads
the addressee about the origin of such messages or communicates any information
which is grossly offensive or menacing in nature;
viruses, corrupt files or any other computer code, files or programs designed
to interrupt, destroy or limit the operation of the Website or functionality of
any computer resource;
threatens the unity,
integrity, defense, security or sovereignty of India, friendly relations with
foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any
defame, abuse, harass,
stalk, threaten or otherwise violate the legal rights of others;
conduct or forward
surveys, contests, pyramid schemes or chain letters;
download any file
posted by another user of a Service that you know, or reasonably should know,
cannot be legally distributed in such manner;
falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded;
violate any code of
conduct or other guidelines, which may be applicable for or to any particular
violate any applicable
laws or regulations for the time being in force in or outside India; and
violate any of the
terms and conditions of these Terms or any other terms and conditions for the
use of the Website/Mobile Application contained elsewhere herein.
exploit any of the
make any derogatory,
defamatory, abusive, inappropriate, profane or indecent statement(s) and/or
comment(s) about eShopchoice and/or its affiliates/associates.
USER WARRANTY AND REPRESENTATION:
warrant, and certify that you are the owner of the content which you submit or
otherwise authorized to use the content and that the content does not infringe
upon the property rights, intellectual property rights or other rights of
others. You further warrant that to your knowledge, no action, suit,
proceeding, or investigation has been instituted or threatened relating to any
content, including trademark, trade name service mark, and copyright formerly
or currently used by you in connection with the Services rendered by eShopchoice.
Use of the
Website/Mobile Application is available only to persons who can form legally
binding contracts under Indian Contract Act, 1872. Persons who are “incompetent
to contract” within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. are not eligible to use the
Website/Mobile Application. If you are a minor i.e. under the age of 18 years,
you shall not register as a User of the Website/Mobile Application and shall
not transact on or use the Website/Mobile Application. As a minor if you wish
to use or transact on Website/Mobile Application, such use or transaction may
be made by your legal guardian or parents on the Website/Mobile Application. eShopchoice reserves
the right to terminate your membership and / or refuse to provide you with
access to the Website/Mobile Application if it is brought to eShopchoice’s
notice or if it is discovered that you are under the age of 18 years.
In order to enable you
to view and place orders for any Product made available on the Website/Mobile
Application, we will provide you with a visual representation of the Product
together with a summary description of the Product. While every effort is made
to provide accurate visual representations, eShopchoice disclaims any guarantee
of exactness of such visual representation or description to the finish and
appearance of the final Product delivered to you.
indicated or anything contained to the contrary or any proprietary material
owned by a third party and so expressly mentioned, eShopchoice owns all
Intellectual Property Rights to and into the Website and the Mobile
Application, including, without limitation, any and all rights, title and
interest in and to copyright, related rights, patents, utility models,
trademarks, trade names, service marks, designs, know-how, trade secrets and
inventions (whether patentable or not), goodwill, source code, meta tags,
databases, text, content, graphics, icons, and hyperlinks. You acknowledge and
agree that you shall not use, reproduce or distribute any content from the
Website/Mobile Application belonging to eShopchoice without obtaining
authorization from eShopchoice.
foregoing, it is expressly clarified that you will retain ownership and shall
solely be responsible for any content that you provide or upload when using any
Service, including any text, data, information, images, photographs, music,
sound, video or any other material which you may upload, transmit or store when
making use of our various Service. However, with regard to the Product
customization Service (as against other Services like blogs and forums) you
expressly agree that by uploading and posting content on to the Website for
public viewing and reproduction/use of your content by third party users, you
accept the User whereby you grant a non-exclusive license for the use of the
LINKS TO THIRD PARTY
The Website may
contain links to other websites (“Linked Sites”).The Linked Sites are not under
the control of eShopchoice or the Website and eShopchoice is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site. eShopchoice
is not responsible for any form of transmission, whatsoever, received by you
from any Linked Site. The inclusion of any link does not imply endorsement by eShopchoice
or the Website of the Linked Sites or any association with its operators or
owners including the legal heirs or assigns thereof. eShopchoice has no
specific prior review process or editorial control over third party content.
Any opinions, advice, statements, services, offers, or other information or
content expressed or made available by third parties, including information
providers, members or any other user of this Website, are those of the
respective parties and not necessarily those of eShopchoice. The Users are
requested to verify the accuracy of all information on their own before
undertaking any reliance on such third party information appearing on the
Linked Sites or otherwise.
the right, but not the obligation, to monitor this website to determine
compliance with the terms of this Legal Webpage and any rules established by eShopchoice to
satisfy any law or regulation.
associates of eShopchoice identified in this site are independent of eShopchoice.
Such business associates are not joint venture partners or any other kind of
partners of eShopchoice No employee or representative of any business associate
is under the control of eShopchoice.
The information and
descriptions contained on this site are intended as general information and are
not necessarily complete descriptions of all terms, exclusions and conditions
applicable to the Product and Services offered by eShopchoice.
WARRANTIES/LIMITATION OF LIABILITY:
YOU EXPRESSLY AGREE
THAT USE OF THIS SITE IS AT YOUR SOLE RISK.THIS WEBSITE, ALL SERVICES AND
PRODUCTS PROVIDED THROUGH IT ARE PROVIDED “AS IS” WITH NO WARRANTIES
WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED
BY LAW, ESHOPCHOICE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF SERVICES/PRODUCTS. ESHOPCHOICE DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS
WEBSITE OR RECEIVED THROUGH ANY LINKED SITES, AS WELL AS FOR ANY INFORMATION OR
ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKED SITES. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL. UNDER NO CIRCUMSTANCES
SHALL ESHOPCHOICE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE
OF AND/OR RELIANCE ON THE WEBSITE, OR PRODUCTS AND SERVICES. USER EXPRESSLY
AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE
DAMAGES (EVEN IF ESHOPCHOICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, PRODUCTS OR SERVICES, FROM
INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR
TERMINATION OF THE WEBSITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY
LINKED SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED
THROUGH OR ADVERTISED ON THE SERVICES/PRODUCTS, OR RECEIVED THROUGH ANY LINKED
SITES. ESHOPCHOICE LIABILITY SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE
VALUE SO PAID BY THE CUSTOMER.
The Users of the
Mobile Application are expected to update the Mobile Application on regular
basis, so that he/she can avail the latest services and is duly aware of any
change(s) in Terms. In the event of failure to update the Mobile Application,
as and when available, the Users understand and agrees that they agree to the
updated Terms by virtue of continued use of the Mobile Application and that eShopchoice
shall not be liable in any manner whatsoever for such failure of the User to
update the Mobile Application.
GENERAL TERMS AND CONDITIONS:
You are responsible
for remaining knowledgeable about the Terms as updated from time to time.
You agree to be
communicated by us via email and sms to facilitate your navigation of and use
of the Website. We may communicate promotional offers periodically and as and
We shall not be liable
or responsible for correspondence lost or delayed in the mail/e-mail/sms.
We reserve the right
to deprive you of, or to refuse any of our services, terminate accounts, or
amend/refuse/cancel orders at our discretion, without assigning any reason and
without prior notification, including but not limited to, if we believe that
your conduct violates applicable law or is harmful to our interests.
You represent and
warrant that all information placed by you in your profile, including but not
limited to name, address, mobile number, email address are correct.
We reserve the right
to add, modify, delete or otherwise change the Terms without any approval,
prior notice or reference to any User.
In the event of
dispute in connection with the interpretation of the Terms, our decision shall
be final and binding.
These Terms shall be
read in conjunction with the other policies of eShopchoice, included herein by
reference or otherwise.
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