Terms & Conditions
www.ecowellstartup.com
is the website owned and controlled by
Ecowell Startup Industries Pvt. Ltd.
company and is a one-stop shop for online shopping and is one of the leading shopping
destinations for a comprehensive set of products. With a commitment to delivering
consumers a superior shopping experience, the site offers users easy-to-use search
tools, engaging content and time saving navigation, along with millions of user-generated
product and helps consumers in making confident purchasing decisions when they don’t
know exactly what to buy.
Your relationship with
www.ecowellstartup.com
Your use of
Ecowell Startup Industries Pvt. Ltd.
products, services and web sites (referred to collectively as the “Services” in
this document and excluding any services provided to you by
www.ecowellstartup.com
under a separate written agreement) is subject to the terms of a legal agreement
between you and
Ecowell Startup Industries Pvt. Ltd.. “Ecowell Startup Industries Pvt. Ltd.” means
Ecowell Startup Industries Pvt. Ltd..., whose principal place of business is
A139,1st Floor, Best Business Park ,Netaji Subhash Place Pitampura New Delhi -110034. This document explains how the agreement is made up, and sets out
some of the terms of that agreement.
Unless otherwise agreed in writing with
Ecowell Startup Industries Pvt. Ltd., your agreement with will always include, at a minimum, the terms
and conditions set out in this document. This document 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.
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing
the rules and regulations, privacy policy and user agreement for access or usage
of
www.ecowellstartup.com
website.
You understand and agree that the Company and the Website merely provide hosting
services to its Users who access the Website for purchase of unique Indian products
(that are permitted to be bought under applicable law). You also give permission
to the Website and the Company to store details and records of your usage of the
Website indefinitely. However, this does not constitute any obligation on the part
of the Company or the Website to do so.
Currently the membership on the Website is free and the Company does not levy any
charges/fees for browsing or buying on the Website. However, for the purposes of
listing any item on the Website to be sold or availing other services provided by
the Company through the Website such as packing, warehousing, courier etc., the
Seller will be charged fees as provided in the Policy incorporated herein by reference.
The Company reserves the right to introduce new services or modify the existing
services provided on the Website. Additionally, the Company at its sole discretion
may introduce fees for the new services provided or amend/ introduce fees for the
existing services, as the case may be. Changes to the User Agreement or any of the
rules and policies of the Company shall be posted on the Website and such changes
shall automatically become effective immediately after they are posted on the Website.
User Agreement
This User Agreement contains rules and regulations, policies and terms and conditions
and agreement applicable to any person who may access or use
www.ecowellstartup.com, including any subdomains, webpages or extension of
www.ecowellstartup.com
(Website) and you hereby agree and acknowledge to be bound by the terms of this
User Agreement.
Accepting the Terms
The use of
www.ecowellstartup.com
and the services provided are subject to the rules and regulations, policies, notices,
terms and conditions set forth in this User Agreement. For the purposes of this
User Agreement, 'User' and wherever the context may require 'You' (or any variation
thereof), shall mean any natural or legal person who has agreed to become a user
of the Website by accessing or browsing the Website and/or has registered as a member
of the Website by submitting identification information/ registration details using
the computer system of this Website and Accepting the electronic record of the User
Agreement and has obtained a unique username and a secret alpha-numerical key (password)
for using the Website. In order to use the Services, you must first agree to the
Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option
is made available to you by
Ecowell Startup Industries Pvt. Ltd.
in the user interface for any Service;
(B) by actually using the Services. In this case, you understand
and agree that
Ecowell Startup Industries Pvt. Ltd.
will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if (a) you are not of
legal age to form a binding contract with
Ecowell Startup Industries Pvt. Ltd., or (b) you are a person barred from receiving the Services under
the laws of India or other countries including the country in which you are resident
or from which you use the Services. Before you continue, you should print off or
save a local copy of the Terms for your records.
Language of the Terms
Where
Ecowell Startup Industries Pvt. Ltd.
has provided you with a translation of the English language version of the Terms,
then you agree that the translation is provided for your convenience only and that
the English language versions of the Terms will govern your relationship with
Ecowell Startup Industries Pvt. Ltd.
If there is any contradiction between what the English language version of the Terms
says and what a translation says, then the English language version shall take precedence.
Terms of Use Agreement
These Terms of Use govern your use of the websites, content and community services
offered through
www.ecowellstartup.com
(“Site”). You (the user) agree to access "the site", subject to the terms and conditions
of use as set out here.
Ecowell Startup Industries Pvt. Ltd.
may add to or change or update these Terms of Use, from time to time entirely at
the its own discretion. You are responsible for checking these Terms of Use periodically
to remain in compliance with these terms. Your use of a Site after any amendment
to the Terms of Use shall constitute your acceptance of these terms and you also
agree to be bound by any such changes/revisions.
1. Changes
Ecowell Startup Industries Pvt. Ltd.
reserves the right to suspend / cancel, or discontinue any or all channels, products
or service at any time without notice , make modifications and alterations in any
or all of the content, products and services contained on the site without prior
notice. Such changes will be posted to
www.ecowellstartup.com
for your reference and convenience so as to enable you to understand your responsibility
as a user.
2. Charges
Ecowell Startup Industries Pvt. Ltd.
reserves the right to charge subscription and / or membership fees from a user,
by giving reasonable prior notice, in respect of any product, service or any other
aspect of this Site.
3. Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material
presented on the site (including but not limited to text, audio, video or graphical
images), trademarks and logos appearing on this site are the property of
Ecowell Startup Industries Pvt. Ltd., its parent, affiliates and associates and are protected under applicable
Indian laws. You agree not to use any framing techniques to enclose any trademark
or logo or other proprietary information of
Ecowell Startup Industries Pvt. Ltd.
Any infringement shall be vigorously defended and pursued to the fullest extent
permitted by law.
4. Limited Permission to Copy
Ecowell Startup Industries Pvt. Ltd.
grants you permission to only access and make personal use of the Site and You agree
not to download or modify /alter /change /amend /vary /transform /revise
www.ecowellstartup.com
Site, or any portion of it, except with the express consent of
Ecowell Startup Industries Pvt. Ltd.
You are permitted to print or download extracts from these pages for your personal,
noncommercial use only. Any copies of these pages saved to disk or to any other
storage medium may only be used for subsequent viewing purposes or to print extracts
for personal use.
Ecowell Startup Industries Pvt. Ltd.
forbids you from any attempts to resell or put to commercial use any part of the
Site; any collection and use of any product listings, descriptions, or prices; any
derivative use of the Site or its contents; any downloading or copying of account
information for the benefit of any other merchant; or any data gathering or extraction
tools; or any use of meta tags. You may not (whether directly or through the use
of any software program) create a database in electronic or structured manual form
by regularly or systematically downloading and storing all or any part of the pages
from this site. No part of the Site may be reproduced or transmitted to or stored
in any other web site, nor may any of its pages or part thereof be disseminated
in any electronic or non-electronic form, nor included in any public or private
electronic retrieval system or service without prior written permission.
5. Membership Eligibility:
Although it's not essential to have an account to shop with
www.ecowellstartup.com, registering with us will allow you to:
Track your order and review past purchases Build a personal Wish List and share
it:
Reserve items and join waiting lists
Shop without entering your address details
Manage your address book and email settings
Learn about offline events in your area
Return pieces easily online
The Site is available to customers who are 18 years and older. As a registered customer,
you agree to provide true, accurate, current, and complete information about yourself
as prompted by the Site's registration form. Registration is void where prohibited
by law.
www.ecowellstartup.com
reserves the right to revoke or prohibit your registration for any reason at any
time, without notice, but, in particular, upon any violation of any of these Terms
and Condition or the Privacy Policy.
6. Registration, Access and Exchange of Information:
For certain services such as email, personal web pages, contests and shopping, registration
by the visitor is required. To register for these services you have to open an account
by completing the registration process (i.e. by providing us with current, complete
and accurate information as prompted by the applicable registration form). You also
will choose a password and a user name. You are entirely responsible for maintaining
the confidentiality of your password and account. By registering, you agree to the
following terms in addition to any other specific terms which shall be posted at
an appropriate location of the Site. Each registration is for a single individual
user only.
To access these services, you will be asked to enter your individual User Name and
Password, as chosen by you during your registration. Therefore, we do not permit
any of the following:-
• Any other person sharing your account and Password;
• Any part of the Site being cached in proxy servers and accessed by individuals
who have not registered with
Ecowell Startup Industries Pvt. Ltd.
as users of the Site; or
• Access through a single account and Password being made available to multiple
users on a network.
If
Ecowell Startup Industries Pvt. Ltd.
reasonably believes that an account and Password is being used / misused in any
manner,
Ecowell Startup Industries Pvt. Ltd.
shall reserve the right to cancel access rights immediately without notice, and
block access to all users from that IP address. Furthermore, you are entirely responsible
for any and all activities that occur under your account. You agree to notify
Ecowell Startup Industries Pvt. Ltd.
immediately of any unauthorised use of your account or any other breach of security.
Ecowell Startup Industries Pvt. Ltd.
will not be liable for any loss that you may incur as a result of someone else using
your password or account. However, you could be held liable for losses incurred
by
Ecowell Startup Industries Pvt. Ltd.
or another party due to someone else using your account or password.
7. No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any
Ecowell Startup Industries Pvt. Ltd.
server, or the network(s) connected to any
Ecowell Startup Industries Pvt. Ltd.
server, or interfere with any other party's use and enjoyment of any Services. You
may not attempt to gain unauthorized access to any Services, other accounts, computer
systems or to any of the Services, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or information through
any means not intentionally made available through the Services.
8. Material Posted/transmitted at
Ecowell Startup Industries Pvt. Ltd.
Site
All information, data, text, software, music, sound, photographs, graphics, video,
messages or other materials (“Content”), whether publicly or privately transmitted
/ posted, is the sole responsibility of the person from where such content is originated
(the Originator). By Posting any material which contain images, photographs, pictures
or that are otherwise graphical in whole or in part ("Images"), you warrant and
represent that (a) you are the copyright owner of such Images, or that the copyright
owner of such Images has granted you permission to use such Images or any content
and/or images contained in such Images consistent with the manner and purpose of
your use and as otherwise permitted by these Terms of Use and the Services, (b)
you have the rights necessary to grant the licenses and sub-licenses described in
these Terms of Use, and (c) that each person depicted in such Images, if any, has
provided consent to the use of the Images as set forth in these Terms of Use, including,
by way of limitation, the distribution, public display and reproduction of such
Images.
You represent that you have valid rights and title in any and all Content/Images
that you submit on the Site, that you have not infringed on any IPR belonging to
any party and further that you will indemnify
Ecowell Startup Industries Pvt. Ltd.
or its affiliates for all claims arising out of any content that you post on the
Site.
Ecowell Startup Industries Pvt. Ltd.
accepts no responsibility for the said Content / Images. However, you understand
that all Content / Images posted by you becomes the property of
Ecowell Startup Industries Pvt. Ltd.
and you agree to grant/assign to
Ecowell Startup Industries Pvt. Ltd.
and its affiliates, a nonexclusive, royalty free, perpetual, irrevocable and sub-licensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content / Images (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or technology now known
or later developed throughout the world”.
9. A Note about Minors:
The
Ecowell Startup Industries Pvt. Ltd.
is not targeted towards, nor intended for use by anyone under the age of 18. By
using the
www.ecowellstartup.com
You represent that you are a responsible adult (18 years or above) and you shall
be solely responsible for all Content that you upload post or otherwise transmit.
10. Limitations of Liabilities :
Any transactions relating to sale/purchase of goods or services not directly offered
by
Ecowell Startup Industries Pvt. Ltd.
are to be settled inter-se between the parties to such transaction and all warranties
express or implied of any kind, regarding any matter pertaining thereto, including
without limitation the implied warranties of merchantability, fitness for a particular
purpose, and non-infringement are disclaimed by
Ecowell Startup Industries Pvt. Ltd..
Ecowell Startup Industries Pvt. Ltd.
merely endeavours to provide a platform where you and other party may interact,
exchange information or carry out sale/purchase transactions on such terms and in
the manner mutually agreed between you and the other party.
Ecowell Startup Industries Pvt. Ltd.
does not have any involvement in the actual transactions between the buyers and
sellers in any way. It is only you, who is entirely responsible for all the activities,
arising out of the transactions of sale/purchase of goods or services offered by
any other party and not
Ecowell Startup Industries Pvt. Ltd..
Ecowell Startup Industries Pvt. Ltd.
will not be liable for any loss that you may incur, while selling or purchasing
goods /services of the third party.
Under No circumstances will
Ecowell Startup Industries Pvt. Ltd.
be held responsible or liable, in any way, for any content which in Legal opinion
is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities
or morals and shall also not assume liability for any errors or omissions in any
content, or for any loss or damage of any kind incurred as a result of the use of
any content posted or uploaded on the Site, or any infringement of another's rights,
including intellectual property rights. You specifically agree that
Ecowell Startup Industries Pvt. Ltd.
is not responsible for any content sent using and/or included in
Ecowell Startup Industries Pvt. Ltd.
site/service by any third party.
11.Termination of Account/Ending your relationship with
Ecowell Startup Industries Pvt. Ltd.
The Terms will continue to apply until terminated by either you or
Ecowell Startup Industries Pvt. Ltd.
as set out below.
If you want to terminate your legal agreement with
Ecowell Startup Industries Pvt. Ltd., you may do so by
(a) notifying
Ecowell Startup Industries Pvt. Ltd.
at any time and (b) closing your accounts for all of the Services which you use,
where
Ecowell Startup Industries Pvt. Ltd.
has made this option available to you. Your notice should be sent, in writing, to
Ecowell Startup Industries Pvt. Ltd.
address which is set out at the beginning of these Terms.
Ecowell Startup Industries Pvt. Ltd.
may at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which
clearly shows that you do not intend to, or are unable to comply with the provisions
of the Terms); or
(B)
Ecowell Startup Industries Pvt. Ltd.
is required to do so by law (for example, where the provision of the Services to
you is, or becomes, unlawful); or
(C) the partner with whom
Ecowell Startup Industries Pvt. Ltd.
offered the Services to you has terminated its relationship with
Ecowell Startup Industries Pvt. Ltd.
or ceased to offer the Services to you; or
(D)
Ecowell Startup Industries Pvt. Ltd.
is transitioning to no longer providing the Services to users in the country in
which you are resident or from which you use the service; or
(E) the provision of the Services to you by
Ecowell Startup Industries Pvt. Ltd.
is, in
Ecowell Startup Industries Pvt. Ltd.
opinion, no longer commercially viable.
On termination of your account at any time but your information may remain stored
in archive on our servers even after the deletion or the termination of your account.
When these Terms come to an end, all of the legal rights, obligations and liabilities
that you and
Ecowell Startup Industries Pvt. Ltd.
have benefited from, been subject to (or which have accrued over time whilst the
Terms have been in force) or which are expressed to continue indefinitely, shall
be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue
to apply to such rights, obligations and liabilities indefinitely. br/>
Ecowell Startup Industries Pvt. Ltd.
reserves its right to refuse service, restrict, suspend, terminate your account;
(Terminate this Agreement; Terminate or suspend your access to the
Ecowell Startup Industries Pvt. Ltd.
Web Sites; Refuse, move or remove for any reason any Content / Image that you submit
on or through the Services; Refuse, move, or remove any Content / Image that is
available on or through the Services; Deactivate or delete your accounts and all
related information and files in your account; Establish general practices and limits
concerning use of the Services) at any time and, remove or edit contents or cancel
orders (entered by you) in its sole discretion with or without cause, and with or
without any prior notice for any violation of the Terms of Use. Upon such termination
or suspension, your right to use the
www.ecowellstartup.com’s Web Sites will immediately cease.
12. User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this website.
You agree to not use any product or the service available on a Site to:
(a) Upload, post, email, transmit or otherwise make available any content that is
unlawful, illegal, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable. This includes text, graphics, video, programs
or audio.
(b) Upload, post, email, transmit or otherwise make available any viruses, trojan
horses, time bombs, or any other harmful programs or elements
(c) Harm minors in any way
(d) Engage in antisocial, disruptive, or destructive acts, including "flaming,"
"spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood
and used on the Internet
e) Impersonate any person or entity, including, but not limited to,
Ecowell Startup Industries Pvt. Ltd.
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity.
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin
of any content transmitted through the Site.
(g) Disrupt, place unreasonable burdens or excessive loads on, interfere with or
attempt to gain unauthorised access to any portion of our website, its computer
systems, servers or networks .
(h) Upload, post, email, transmit or otherwise make available any content that you
do not have a right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under nondisclosure
agreements).
i) Upload, post, email, transmit or otherwise make available any content with the
intention of committing or promoting an illegal act.
(j) Upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright, privacy rights, rights of publicity,
or other proprietary rights ("Rights") of any party.
(k) Upload, post, email, transmit or otherwise make available any unsolicited or
unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters,"
"pyramid schemes," duplicative messages or any other form of solicitation.
13. No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Site to
transmit, directly or indirectly, any unsolicited bulk communications (including
emails and instant messages).
Ecowell Startup Industries Pvt. Ltd.
will not sell, lease or rent its e-mail subscriber lists to third parties. You may
not harvest information about users of
Ecowell Startup Industries Pvt. Ltd.
for the purpose of sending or to facilitate the sending of unsolicited bulk communications.
We may terminate your access or use of the Site immediately, with or without any
notice, and take any other legal action if you, or anyone using your access details
to the Site, violates these terms. We may adopt any technical remedy (including
any filtering technology or other measures) to prevent unsolicited bulk communications
from entering, utilising or remaining within our computer or communication networks.
Such filtering technology or other measures may block, either temporarily or permanently,
some e-mail sent to you through the
Ecowell Startup Industries Pvt. Ltd.
Web Sites.
14. Additional Terms and Conditions
Additional terms and conditions may apply to specific portions of or products on
the Site or your membership, which terms are made part of these Terms of Use by
reference. You agree to abide by such other terms and conditions. If there is a
conflict between these Terms of Use and the terms posted or emailed for, or applicable
to, a specific portion of or products on the Site or your membership, the latter
terms shall control with respect to your use of that portion of the Site, the products
or your membership.
The following terms and conditions apply to the applicable features on the Site:,
(a) Membership Rewards. On shipment of each Qualifying Order your account will be
credited with a reward of 2% of Business Volume (BV) upto the Level 9 of your sales
organisation or such other amount as may be posted from time to time (the "Reward").
A "Qualifying Order" means the first order for merchandise on the Site placed by
an individual whom you sponsored or to whom you sent an email invitation to join
the Site. Rewards may be redeemed only for the purchase of merchandise on the Site
and may not be used for the purchase of gift cards or services. Rewards are not
transferable and may not be combined with Rewards belonging to others. At no time
may you purchase, sell or barter any Rewards. Rewards have no cash value. They are
promotional in nature and are issued without any exchange of money or value from
you. As such, Rewards do not constitute property and you do not have a vested property
right or interest in the Rewards. We will notify you when any Rewards are posted
to your account. At our option, Rewards may expire eighteen months after the date
of issuance. We reserve the right at any time in our discretion, and without prior
notice, to discontinue the Rewards program or to add or change Rewards program rules,
terms or conditions, including changing expiration periods or Rewards values for
existing or future Rewards credits.
(b) Return Credit. Items that have been returned for a
www.ecowellstartup.com
merchandise credit will be refunded in the form of a merchandise credit (a "Merchandise
Credit") at the original purchase price, plus applicable sales tax, and, if applicable,
a Rs.100 restocking fee will be deducted from the amount of the Merchandise Credit.
Merchandise Credit may be redeemed only for the purchase of merchandise on the Site
and may not be used for the purchase of gift cards or services. Merchandise Credit
is not transferable and may not be combined with Merchandise Credit belonging to
others. At no time may you purchase, sell or barter any Merchandise Credit. Merchandise
Credit is not redeemable for cash, unless required by law. The obligations represented
by outstanding Merchandise Credit may at any time be assigned to and assumed by
any affiliate of, or successor to, the present or any future owner of the
www.ecowellstartup.com
website, or any third party under contract with such present or future owner. You,
as a Member, expressly consent to and authorise any such future assignment and assumption
of outstanding Merchandise Credit obligations, and you agree to look solely to such
assignee in the event of any such transfer.
(c) Credit Balances. Any credit balance (including a Reward balance and/or Merchandise
Credit) will be automatically applied to your next purchase of merchandise from
the Site and the order of redemption of such credits will be determined by
www.ecowellstartup.com. To the extent your credits exceed the amount of your total purchase;
the excess credit balance will remain in your account to be applied to your next
purchase, subject to the foregoing terms and conditions. If your account and/or
membership is terminated for any reason, any credit balances in your account may
be cancelled, except as prohibited by law. Account balances are determined by
www.ecowellstartup.com
and such determination is final.
(d) Emails and Postings. The Site may provide registered customers with the ability
to send email messages to others and to post messages on the Site. You are solely
responsible for your account, password, profile, messages, notes, text, information,
opinions, ideas and any other content you post, upload, submit, publish, or display
(hereinafter "post") on or through the Site, or transmit to or share with other
customer (collectively, the "Member Content"). Any Member Content that is posted
will not be treated as confidential.
www.ecowellstartup.com
has the right but not the obligation to monitor and decline, edit, or remove (without
notice) all or any portion of any Member Content for any reason or no reason. If
www.ecowellstartup.com
chooses at any time, in its sole discretion, to monitor Member Content, it still
has no responsibility for the Member Content or for the conduct of the Member posting
Member Content or to edit or remove any Member Content, except in compliance with
Section 14 below. If you are involved in a dispute with one or more Members of
www.ecowellstartup.com, you release
www.ecowellstartup.com
(including its officers, directors, affiliates, and employees) from claims, demands,
and damages (actual and consequential) of every kind arising out of or in any way
connected to any dispute.
(e) When you post or otherwise make available any Member Content for inclusion on
any part of the Site, you are hereby granting
www.ecowellstartup.com
an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license
(with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify,
publicly perform, publicly display, reformat, translate, excerpt (in whole or in
part), create collective works and distribute such Member Content for any purpose,
commercial, advertising, or otherwise, on or in connection with the Site or the
promotion thereof, or for
www.ecowellstartup.com's (and its successors' and affiliates') business including without
limitation for promoting and redistributing part or all of the Site (and derivative
works thereof) in any media or distribution method (now known or later developed),
to prepare derivative works of, or incorporate into other works, such Member Content,
and to grant and authorise sub-licenses of the foregoing. You represent and warrant
that you will not provide any Member Content to which you do not have the full right
to grant the license specified in this Section 3(e). You waive all moral rights
in the Member Content which may be available to you in any part of the world and
confirm that no such rights have been asserted. You represent and warrant to
www.ecowellstartup.com
that
www.ecowellstartup.com
is free to exercise its rights to and/or implement your Member Content if it so
desires, without obtaining permission or license from any third party and without
reference to you or any other person.
All Member Content is the responsibility of the Member, not
www.ecowellstartup.com. In addition to the restrictions set forth in Section 1, you agree
not to use the Site to post content or other communications that contain (i) political,
libellous or otherwise unlawful, abusive, or obscene material; (ii) advertisements
of any kind; (iii) personal information (such as social security numbers, addresses,
phone numbers, etc.); (iv) confidential information of
www.ecowellstartup.com, its parent, subsidiaries, or affiliates; (v) any chain letters, pyramid
schemes, spam, contests, or promotional material; (vi) messages that offer unauthorised
downloads of any copyrighted or private information; and (vii) information similar
or related to the foregoing. You further agree not to send email invitations to
join the Site (each, an "Invite") to people who do not know you or who are unlikely
to recognise you as a known contact. We may from time to time use the information
you provide for Invites to send reminders to such invitees to accept the Invite
to become a Member. Under no circumstance shall any disclosure of any member content
to
www.ecowellstartup.com
be subject to any obligation of confidentiality or expectation of compensation or
attribution. By submitting any member content to or through
www.ecowellstartup.com, you represent and warrant that all your member content will not violate
any right of any third party, including copyright, trademark, privacy, or other
personal or proprietary rights. You represent and warrant that no member content
will be or contain libellous or otherwise unlawful, abusive, or obscene material.
You are and shall remain solely responsible for your member content. You represent
and warrant to
www.ecowellstartup.com
that
www.ecowellstartup.com
is free to use the member content, and implement any suggestions contained therein,
if it so desires, as provided or as modified by
www.ecowellstartup.com, without obtaining permission or license from any third party and
without any compensation to you. Accuracy of Content; Limitations on Quantity
Excluding Member Content, the information on this Site is believed to be complete
and reliable; however, the information may contain typographical errors, pricing
errors, and other errors or inaccuracies. We will use reasonable efforts to correct
errors as soon as practicable. We reserve the right to:
(i) revoke any stated offer;
(ii) correct any errors, inaccuracies, or omission; and
(iii) make changes to prices, content, promotion offers, product descriptions or
specifications, or other information without obligation to issue any notice of such
changes (including after an order has been submitted, acknowledged, shipped, or
received, except as prohibited by law.) We also reserve the right to limit quantities
(including after an order has been submitted and/or acknowledged) and to revise,
suspend, or terminate an event, promotion, or Boutique at any time without notice
(including after an order has been submitted and/or acknowledged). The inclusion
of any products or services on this Site at a particular time does not guarantee
that the products or services will be available. If a product offered by us is not
as described, your sole remedy is to return it subject to the terms of our return
policy. Proprietary Rights Excluding Member Content, you acknowledge and agree that
the content, software, materials and other components (including but not limited
to our logos, graphics, videos, music, button icons, and page headers) available
on the Site are the property of
www.ecowellstartup.com
and/or its affiliates, subsidiaries, or licensors and are protected by copyrights,
trademarks, service marks, or other proprietary rights and laws. You agree not to
sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display,
publicly perform, publish, adapt, edit, or create derivative works from content
or materials on the Site. Reference to any products, services or other information
by trade name, trademark, manufacturer, or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof or any affiliation therewith
by
www.ecowellstartup.com. All trademarks not owned by
www.ecowellstartup.com
that appear on the Site are the property of their
15. Links to Third-Party Websites; No Implied Endorsements
This Site may contain links to other websites on the Internet. You acknowledge that
we have no control over such websites and that we are not responsible for the accuracy,
content, legality, or any other aspect of any linked website. In no event shall
any reference to any third party, third party website, or third party product or
service be construed as an approval or endorsement by us of that third party, third
party website, or of any product or service provided by a third party. Certain links
on the Site lead to resources located on servers maintained by third parties, these
sites of third party(s) may contain third party’s-logo, please understand that it
is independent from
Ecowell Startup Industries Pvt. Ltd., over whom
Ecowell Startup Industries Pvt. Ltd.
has no control or connection, business or otherwise as these sites are external
to
Ecowell Startup Industries Pvt. Ltd.. You agree and understand that by visiting such sites you are beyond
the
Ecowell Startup Industries Pvt. Ltd.
website.
Ecowell Startup Industries Pvt. Ltd., therefore neither endorses nor offers any judgement or warranty and
accepts no responsibility or liability for the authenticity, availability, suitability,
reliability, accuracy of the information, software, products, services and related
graphics contained, of any of the goods/ services/or for any damage, loss or harm,
direct or consequential or any violation of local or international laws that may
be incurred by your visit and/or transaction/s on these site(s), as the same is
provided on "as is" without warranty of any kind.
Ecowell Startup Industries Pvt. Ltd.
gives no warranty and makes no representation whether expressed or implied, that
the information contained in this site is error free.
Ecowell Startup Industries Pvt. Ltd.
shall not be responsible nor liable for any consequential damages arising on account
of your relying on the contents of the advertisement. Before relying on the material,
users should independently verify its relevance for their purposes, and should obtain
any appropriate professional advice
16. Disclaimer of Warranties and Liability
Ecowell Startup Industries Pvt. Ltd.
and its parent, affiliates and associates shall not be liable, at any time for any,
direct, indirect, punitive, incidental, special, consequential, damages (including,
without limitation, damages for loss of business projects, damage to your computer
system or damages for loss of profits, damages for loss of use, data or profits,
arising out of or in any way connected with the use or performance of the
Ecowell Startup Industries Pvt. Ltd.
sites/services, with the delay or inability to use the
Ecowell Startup Industries Pvt. Ltd.
sites/services or related services, the provision of or failure to provide services,
or for any information, software, products, services and related graphics obtained
through the
Ecowell Startup Industries Pvt. Ltd.
sites/services, or otherwise arising out of the use of the
Ecowell Startup Industries Pvt. Ltd.
sites/services) arising in contract, tort or otherwise from the use of or inability
to use the Site, or any of its contents, or from any act or omissions a result of
using the Site or any such contents or for any failure of performance, error, omission,
interruption, deletion, defect, delay in operation or transmission, computer virus,
communications line failure, theft or destruction or unauthorised access to, alteration
of, or use of information contained on the site. No representations, warranties
or guarantees whatsoever are made by
Ecowell Startup Industries Pvt. Ltd.
as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability
of the information to a particular situation; (b) that the service will be uninterrupted,
timely, secure, or error-free; (c) the quality of any products, services, content,
information, or other material purchased or obtained from the website will meet
your expectations or requirements; or (d) any errors in the website will be corrected.
17. Exclusion of Warranties
Nothing in these terms, including the other terms shall exclude or limit
Ecowell Startup Industries Pvt. Ltd.
warranty or liability for losses which may not be lawfully excluded or limited by
applicable law. Some jurisdictions do not allow the exclusion of certain warranties
or conditions or the limitation or exclusion of liability for loss or damage caused
by negligence, breach of contract or breach of implied terms, or incidental or consequential
damages. Accordingly, only the limitations which are lawful in your jurisdiction
will apply to you and our liability will be limited to the maximum extent permitted
by law. You expressly understand and agree that your use of the services is at your
sole risk and that the services are provided "as is" and “as available.” In particular,
Ecowell Startup Industries Pvt. Ltd., its subsidiaries and affiliates, and its licensors do not represent
or warrant to you that: (a) Your use of the services will meet your requirements,
(b) Your use of the services will be uninterrupted, timely, secure or free from
error, (c) Any information obtained by you as a result of your use of the services
will be accurate or reliable, and (d) That defects in the operation or functionality
of any products and services provided to you as part of the services will be corrected.