ONLINE SHOPPING SITE CONDITIONS OF USE

Welcome to [VENDOR].com. To use the service offered at [VENDOR] or by any of its affiliates, you must agree to the following conditions.

HEREINAFTER in this policy, [VENDOR] shall be referred to as the �Seller� and the variations of �Seller� as and where applicable, whereas [VENDOR].com shall be referred to as the �Seller�s website�.

 

If you visit or shop at [VENDOR].com, you accept these conditions.

Please read them carefully. In addition, when you use any current or future Seller�s service or visit or purchase from any business affiliated with the Seller, whether or not included in this Web Site, you will be subject to both this Conditions of Use agreement and the guidelines and conditions applicable to such service or business.

1. PRIVACY

A. Privacy Policy

Please review our Privacy Notice, which also governs your visit to Seller�s website, to fully understand our practices.

2. ELECTRONIC COMMUNICATIONS

A. Legal Satisfaction

When you visit Seller�s website or send emails to us, you are communicating with us electronically.

B. Consent

By communicating with us, you consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3. COPYRIGHT

A. Copyright Protection

All content included on this site, such as text, graphics, logos, Button icons, images, audio clips, digital downloads, data compilation, and software is the property of the Seller or has been licensed to it only for this website by EcomTrailsTM and protected by the laws in force in the jurisdiction of, [VENDOR�s country]/Indian and international copyright laws.

The compilation of all content on this site is the exclusive property of the Seller unless it has been licensed from EcomTrailsTM under an agreement for license and protected by the laws in force in [Vendor�s jurisdiction], India and international copyright laws. All software used on this site is the property of M/s OEPP Innovations Pvt. Ltd. / EcomTrailsTM or its software suppliers and are protected by the Indian and international copyright laws.

4. TRADEMARKS

A. Protected Marks

All the marks indicated on our site are trademarks of the Seller.

B .Protected Graphics

All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of EcomTrailsTM. Any of the trademarks and trade dress may not be used in connection with any product or service that is not the Seller�s website or EcomTrailsTM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Seller or EcomTrailsTM. All other trademarks not owned by the Seller or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Seller or its subsidiaries.

5. LICENSE AND SITE ACCESS

A. General

The Seller grants you a limited 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 the Seller.

B. No License for Commercial Sale

This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listing, 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.

C .No Reproduction

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 the Seller or EcomTrailsTM wherever required.

D .No Framing

You may not frame or utilize framing techniques to enclose any trademark. Logo, or other proprietary information (including images, text, page layout, or form) or the Seller and our affiliates without express written consent.

E. Meta tags

You may not use any Meta tags or any other hidden text utilizing the Seller�s name or trademarks without the express written consent of the Seller. Any unauthorized use terminates that permission or license granted by the Seller.

6. YOUR ACCOUNT

A. Protection of Your Account

As discussed further in the site privacy policy, by using this site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

B. Use by Children

As discussed further in the site Privacy Policy, the Seller does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under age 18, you may use the Seller only with involvement of a parent or guardian, the Seller and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

7. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

A .Nature of Content

Visitors to the Seller�s website may post reviews, comments and other content� send e-cards and other communications; and submit suggestions, ideas, and comments. Questions or other information, as long as the content is not illegal. Obscene, 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.

B .False Information

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Seller reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.

C. Rights Granted

If you do post content or submit material, and unless we indicate otherwise, you grant the Seller and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Seller and its affiliates and sublicenses the right to use the name that you submit in connection with such content if they choose.

D .Rights Owned

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Seller or its affiliates for all claims resulting from content you supply. The Seller has the right but not the obligation to monitor and edit or remove any activity or content. The Seller takes no responsibility and assumes no liability for any content posted by you or any third party.

8. COPYRIGHT COMPLAINTS

A .General

The Seller and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the site for instructions on how to make a claim of Copyright Infringement.

9. RISK OF LOSS

A. General

All items purchased from the Seller are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the end carrier.

10. PRODUCT DESCRIPTIONS

A. General

The Seller and its affiliates attempt to be as accurate as possible. However, the Seller makes no warranties that the product descriptions and any other content of this site are accurate, complete, reliable, current or error-free. If a product offered by the Seller itself is not as described, your sole remedy is to return it in unused condition.

11. OTHER BUSINESSES

A .General

Parties other than the Seller and its subsidiaries operate stores, provide services, or sell product lines on this site.

B. No Warranties.

We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web Sites. The Seller does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by the Seller on an �AS IS� �AS AVAILABLE� basis. The Seller makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.

To the full extent permissible by applicable law, the Seller disclaims all warranties express or implied including but not limited to, implied warranties of merchantability and fitness for a particular purpose. the Seller, does not warrant that this site, its servers, or e-mails sent from the Seller are free of viruses or other harmful components, the Seller will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages, if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

13. APPLICABLE LAW

A .Governing Law

By visiting the Seller�s website, you agree that the laws of the state of [Madhya Pradesh and India], without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the Seller and its affiliates.

14. DISPUTES

A. Arbitration and Venue

Any dispute relating in any way to your visit to the Seller�s website or to products you purchase through the Seller�s website shall be submitted to confidential arbitration in [Indore], [Madhya Pradesh], [INDIA] except that, to the extent you have in any manner violated or threatened to violate the Seller�s intellectual property rights, the Seller may seek injunctive or other appropriate relief in any court, and you consent to exclusive jurisdiction and venue in such courts.

B. The Finality of Arbitration

The arbitrator�s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

C. LIMITATIONS

M/s OEPP Innovations Pvt. Ltd. / EcomTrailsTM which has provided web hosting services to the Seller shall have no responsibilities, obligations, liability of any kind which may arise from functioning of the Seller�s website or otherwise. M/s OEPP Innovations Pvt. Ltd. / EcomTrailsTM shall also not be made party to any of the legal proceedings of any kind against the Seller or the Seller�s website.

15. SITE POLICIES, MODIFICATION, AND SEVERABILITY

A. Other Policies

We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. 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.