Terms Of Use

This document(Terms of Use)is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The domain name www.eekabaonline.com (hereinafter referred to as Website) is owned by Stock Silver Jewelry Pvt Ltd, a company incorporated under the [Companies Act, 2013] with its registered office at [E 801  Palm Spring Golf Course Road, Gurgaon], India (hereinafter referred to as Eekaba).

Please read these Terms of Usecarefully before using this Website. If you do not agree to these Terms of Use, you may not use this Website. By using this Website, you signify your agreement to these Terms of Use as well as the Website's Privacy Policy and other policies (which is hereby incorporated by reference herein.). These Terms of Use along with the Privacy Policy extends to both users who visit the Website but do not transact business on the Website (Users) as well as users who are registered and are authorized by the Website to transact business on the Website (Members). If any User or Member transact on the Website, such User or Member shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, the User and/or the Member shall be contracting with Eekaba and these terms and conditions including the policies constitute such User’s or Member’s binding obligations, with Eekaba. Eekaba reserves the right to modify or terminate any portion of the Website or the Services offered by Eekaba for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing the Terms of Use so that you will be apprised of any changes and continued use of the Website following the posting of changes will mean that you accept and agree to the revisions. Nothing in this Terms of Use should be construed to confer any rights to third party beneficiaries.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by Eekaba policies ((including but not limited to Privacy Policy) as amended from time to time.EEKABA’S ACCEPTANCE TO PROVIDE YOU ACCESS TO THE SITE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, TO THE EXCLUSION OF ALL OTHER TERMS.

Definitions

Eekaba shall mean , a company incorporated under the provisions of the Companies Act, 2013 which is the owner of the Website.

Members shall mean theusers who are registered on the Website and are authorized by the Website to do Transactions.

Products shall mean the products including the jewellery products, women clothing etc displayed by Eekaba for sale to the Members on the Website.

Services shall mean the services being provided by Eekaba to the Members and Users through the Website including display and sale of the Products through the Website.

Terms of Use shall mean these terms of use applicable to the use of the Website by the User or the Member and which creates a contract between the User/Member and Eekaba.

Terms and Conditionsmean the Terms of Use, Privacy Policy and Purchase Policy collectively.

Transaction shall mean the purchase of the Products by the Members through the Website.

Users shall mean theusers who visit the Website but do not transact business on the Website.

Visitors shall mean Member or User

Website shall mean domain name www. eekabaonline.com owned by Eekaba the use of which is governed by these Terms of Use.

You shall mean any visitor, User or Member of the Website.

Eligibility for use of the Website

Use of the Website 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. If You are a minor i.e. under the age of 18 years, You shall not register as a Member of the Website and shall not transact on or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. Eekaba reserves the right to terminate Your membership and / or refuse to provide you with access to the Website if it is brought to Eekaba's notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If you use the Website, You shall be responsible for maintaining the confidentiality of your display name and password and You shall be responsible for all activities that occur under your display name and password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or Eekaba has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Eekaba shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Website.

Communications

When you use the Website or send emails or other data, information or communication to Eekaba, You agree and understand that You are communicating with Eekaba through electronic records and You consent to receive communications via electronic records from Eekaba periodically and as and when required. Eekaba may communicate with you by email or by such other mode of communication, electronic or otherwise.

Representation and Warranties

By using this Website,

  1. You represent and warrant that:
  2. You are 18 years of age or older and that Your use of the Website and / or Services shall not violate any applicable law or regulation.
  3. All registration information you submit is truthful and accurate and that You agree to maintain the accuracy of such information. 
  4. Your membership is solely for your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
  5. Your personal and non-commercial use of this Website shall be subjected to the following restriction (i) you may not modify any content of the Website, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (c) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
  6. You will not (a) use any Product or Service available on the Website and / Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website and / or Services in any way that is unlawful, or harms Eekaba or any other person or entity, as determined in the Eekaba's sole discretion.
  7. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website and / or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Website and / or Services
  8. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
  9. You will not delete or modify any content of the Website and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify.
  10. Eekaba cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of this Terms of Use, and, as between You and Eekaba, You hereby assume all risk of harm or injury resulting from any such lack of compliance.
  11. All information, content and material contained in the Website and / or Services are Eekaba's copyrighted property. All trademarks, services marks and trade names are proprietary to Eekaba. No information, content or material from the Website and / or Services may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Eekaba 's express written permission
  12. You acknowledge that when you access a link that leaves the Website, the site you will enter into is not controlled by Eekaba and different terms of use and privacy policy may apply. By accessing links to other sites, you acknowledge that Eekaba is not responsible for those sites. Eekaba reserves the right to disable links from third-party sites to the Website, although Eekaba is under no obligation to do so.
  13. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/vat, income tax, octroi, service tax, central excise, custom duty, local levies) regarding Your use of Website and Transaction and Your listing, purchase, solicitation of offers to purchase, and sale of Products or Services. You shall not engage in any Transaction, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
    1. You expressly understand and agree that :
      1. The information, content and materials on the Website and / or Services are provided on an as is and as available basis. Eekaba and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
      2. Eekaba makes all reasonable efforts to display the Products as accurately as possible. However, Eekaba cannot guarantee that Your monitor's display of any Product color, texture or detail will be accurate. Eekaba does not warrant that Product descriptions or other content are accurate, complete, reliable current or error free. While Eekaba makes every effort to ensure that the Products are described and priced accurately, in the event that a Product is deemed to be priced incorrectly, Eekaba reserves the right to refuse the sale of that Product.
      3. Eekaba does not warrant that the functions contained in content, information and materials on the Website and / or Services, including, without limitation any third party sites or services linked to the Website and / or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Website or the servers that make such content, information and materials available are free of viruses or other harmful components.
      4. Any material downloaded or otherwise obtained through the Website and / or Services are accessed at Your own risk, and You will be solely responsible for any damage or loss of data that results from such download to Your computer system.

Use of the Website

As a condition precedent of accessing the Website, you agree not to :

  1. Reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any content of the Website other than as expressly allowed under these Terms of Use.
  2. Provide any content or conduct Yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Website or any Service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law.
  3. Use Eekaba’s name, trademarks, service marks, designs or other materials in connection with, or to transmit, any unsolicited communications or emails.
  4. Frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
  5. Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting Your affiliations with a person or entity, past or present.
  6. Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
  7. Impersonate or misrepresent Your association with any person or entity; You will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by You.
  8. Collect or harvest any information about other Users.
  9. Provide any content that may give rise to Eekaba being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including but not limited to laws relating to copyrights, trademarks, patents, or trade secrets.
  10. Remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
  11. Use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Eekaba reserve its right to bar any such activity.
  12. Gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the Services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  13. Probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other Member, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
  14. Make any negative, denigrating or defamatory statement(s) or comment(s) about Eekaba or the brand name or domain name used by Eekaba or otherwise engage in any conduct or action that might tarnish the image or reputation, of Eekaba or sellers on platform or otherwise tarnish or dilute any Eekaba's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Eekaba.
  15. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
  16. Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, Products or the Services. You may not transmit any chain letters or unsolicited commercial or junk email to other Users or Visitors via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Eekaba’s prior explicit consent. You understand that Eekaba has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, Eekaba can (and You hereby expressly authorize Eekaba to) disclose any information about You to law enforcement or other government officials, as Eekaba, in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

Intellectual Property Rights

The Websites and the contenton the Website are owned and operated by Eekaba. Eekaba reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part of portion thereof or withdraw or amend the content, Products or Services with or without notice to You. You agree that Eekaba shall not be liable to You or to any third party for any modifications, suspensions or discontinuance of the Website, Products, Services or any portion thereof. Nothing in these Terms of Use shall be construed to obligate Eekaba to maintain and support the Website, Products or Services or any part of portion thereof, during the term of these Terms of Use.

[All content or Products, including but not limited to drawings, pictures, images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively, the Content), are the property of Eekaba and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian law.]

Eekaba logos, trademarks and service marks which may appear on the Website (Marks), are the exclusively owned property of Eekabaand are protected under Indian laws. All other trademarks, service marks and logos used on the Website, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Websites are protected by other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Eekaba.

Except as otherwise expressly permitted in these Terms of Use, you must not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or otherwise commercially exploit in any manner the Website, Products, or any Content. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services. From time to time, Eekaba may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an as-is basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Eekaba and/or its affiliates and licensors reserve all rights not expressly granted herein to the Website, Content and Marks.

NOTHING CONTAINED ON THE WEBSITE SHOULD BE CONSTRUED AS GRANTING ANY LICENCE OR RIGHT TO USE ANY TRADE MARK WITHOUT THE PRIOR WRITTEN PERMISSION OF EEKABA. ANY UNAUTHORIZED EFFORTS TO REPRODUCE, COPY, UTILIZE OR COMMERCIALLY USE; ANY OR ALL OF SUCH PROPRIETARY MATERIAL SHALL CONSTITUTE TO BE A VIOLATION OF THE LEGAL RIGHTS VESTED WITH EEKABA.

Services Availability and Limitations

The Website provides platform to the Members to purchase the Products online. Certain Services available on the Website are for Members only. Some Products may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Sometimes Products may be represented larger than the actual size in order to clearly show details or smaller than the actual size in order to show the entire Product. You acknowledge and agree that the Services and Products, are not available at all times. You also understand that Eekaba, at its sole discretion, may limit, suspend, or terminate Your use of all Services. You also understand that Eekaba may modify or discontinue all Services or sale of any of the Products at its sole discretion.

Limitation of Liability

  1. YOUR USE AND BROWSING OF THE WEBSITE IS AT YOUR RISK. UNDER NO CIRCUMSTANCES WILL EEKABA, ITS EMPLOYEES, AGENTS OR ASSOCIATES 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 WEBSITE, ANY WEBSITE LINKED TO THE WEBSITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH WEBSITES (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 OR, 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 EEKABA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
  2. EEKABA SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY. EEKABA’S OBLIGATIONS AND RESPONSIBILITIES REGARDING ITS PRODUCTS AND SERVICES ARE GOVERNED SOLELY BY THE TERMS AND CONDITIONS PROVIDED HEREIN.
  3. IN NO EVENT SHALL EEKABA NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES.

Indemnification

By using or accessing the Website You hereby agree to indemnify Eekaba and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any claim or demand, including reasonable legal fees, that may be filed by any third party, arising out of your conduct or connection with this Website or Service, Your provision of content, Your violation of these Terms of use, or any other violation by You of the rights of another person or party.

Warranty Disclaimer

Eekaba has no special relationship with or fiduciary duty to You. You acknowledge that Eekaba has no duty to take any action regarding any of the following: which Visitors gain access to the Website; what content Visitors access through the Website; what effects the content may have on Visitors; how Visitors may interpret or use the Content; or what actions Visitors may take as a result of having been exposed to the Content. You release Eekaba from all liability for Your having acquired or not acquired Content through the Website. [The Website may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.]

Eekaba reserves the right to, at any time, for any reason, and without notice: (i) cancel, reject, interrupt, remove, or suspend any Product or Services; (ii) remove, edit, or modify any Content or Product; and (iii) remove or block any Visitor.

The Services are provided on as is and as available and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Eekaba, and its directors, employees, agents, suppliers, partners, and Content providers do not warrant that: (a) such Products will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any Content or software available at or through the Services is free of viruses or other harmful components; or (d) the results of using the Products will completely meet your requirements. Your use of the Servicesand the Products are solely at your own risk.

Termination of Rights

You agree that Eekaba, in its sole discretion, may deactivate your account or otherwise terminate your use of the Website for any reason or no reason, including, without limitation, if Eekaba believes that you have (i) breached these Terms of Use; (ii) infringed the intellectual property rights of a third party; or (iii) violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of Your access to the Website may be effected without prior notice to You and that Eekaba shall not be liable to You nor any third party for any termination of Your account. You also acknowledge that Eekaba may retain and store your information on Eekaba’s systems notwithstanding any termination of Your account.

Integration and Severability

These Terms of Use and other referenced material are the entire agreement between You and Eekaba with respect to the Services provided on the Websites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Eekaba with respect to the such Services and govern the future relationship. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous

Eekaba shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond Eekaba’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation. The Terms of Use are personal to You, and are not assignable, transferable, or sublicensable by you except with Eekaba's prior written consent. Eekaba may assign, transfer, or delegate any of its rights and obligations hereunder without Your consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

Law and Jurisdiction

[The terms contained herein or as modified from time to time shall be governed by and construed in accordance with the Indian laws and any disputes will be decided only by the courts at Guragaon, Haryana.]

The section titles herein are displayed for convenience only and have no legal effect.

Our Terms of Use were last updated on .