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).
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.
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
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
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,
- You represent and warrant that:
- 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.
- All registration information you submit is truthful and accurate and that You agree to maintain the accuracy of such information.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- You expressly understand and agree that :
- 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.
- 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.
- 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.
- 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.
- You expressly understand and agree that :
Use of the Website
As a condition precedent of accessing the Website, you agree not to :
- 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.
- Use Eekaba’s name, trademarks, service marks, designs or other materials in connection with, or to transmit, any unsolicited communications or emails.
- Frame the Website, place pop-up windows over its pages, or otherwise affect the display of its pages.
- 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.
- Force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website.
- 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.
- Collect or harvest any information about other Users.
- 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.
- Remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
- 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.
- 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.
- 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.
- 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.
- 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.
Intellectual Property Rights
[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.
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
- 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.
- 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.
- 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.
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
Integration and Severability
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.