Ellora Boarding Pvt. Ltd, a company within the meaning of Companies Act 2013 and having its registered office at D 22/5 Okhla Industrial Area Phase 2, New Delhi- 110020 (“Company”) has developed the domain https://www.iknockfashion.com/shop/ and the mobile application +91-7277774776 named IShop (“https://www.iknockfashion.com/shop/”). The Website is maintained by the Company.
This Agreement(“Agreement“) is between any natural or legal person (“Customer“)using, purchasing and/or opening an account with the Website for availing the services provided by the Website (“Services”). Please read this Agreement carefully before installing, accessing, and/or otherwise using Services. By installing, accessing, and/or otherwise using Services, Customer confirms to have read the terms of the Agreement and have agreed and accepted to be bound by this Agreement. Please maintain a copy for Customer’s records. If Customer does not agree with the terms of this Agreement, do not utilize the Services.
In order to verify that the Customer has entered an e-mail address and a phone number that they operate, the Customer authorizes the Company to send a verification e-mail and/or Short Messaging service (SMS) to the Customer. The Customer’s Account will be active only after they verify their e-mail address and/or phone number. The Customer is solely responsible for the use of the Services provided through the Website and for restricting access to their electronic device and/or computers on which this Website could be accessed (“Device”), so as to prevent any un authorized usage of this Website.The Customer shall be solely responsible for any activity on this Website that occurs through their Account and shall not hold the Company liable in this regard, for any reason whatsoever.
The Company reserve the right to restrict or refuse the Customer’s access and/or usage of the Website in any manner, including but not restricted to termination of their Account without refund or removal of the content associated with the Account, without providing the Customer with any reasons and without a prior notice. The Customer agrees and acknowledges that the registration is unique to each Customer and the Customer cannot utilize the Account to access Services provided by the Company on behalf of any third party
The Customer agrees and acknowledges that they shall not access or use or assist any other person to access or use this Website for the following purposes:
- Any unauthorized use including without limitation any usage of the content provided on this Website not in conformity with the rights granted with respect to the same, any usage that may violate third party intellectual property rights and any usage that may violate the laws of privacy for which the Customer shall be solely responsible.
- Transmitting material that encourages conduct that constitutes a criminal offense, result sin civil liability or otherwise breaches any relevant laws, regulations or code of practice;
- Breaching any applicable laws;
- Hosting,displaying, uploading, modifying, publishing, transmitting, updating or sharing any information that (i) belongs to another person and to which the User does not have any right to; (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilia, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iii) harms minors in any way; (iv) infringes any patent,trademark, copyright or other proprietary rights; (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonate another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt,destroy or limit the functionality of any computer resource; (ix) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
- Using or attempting to use any engine, software, tool, agent or other Device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to manipulate the software on this Website or reverse engineer it by copying, modifying, recompiling or dissembling; and/or
- Gaining or attempting to gain unauthorized access to any part or feature of the Website or any other systems or networks connected to the Website or to any server,computer, network, by hacking or any other illegitimate means.
This Agreement governs the purchase and use of audio, video and web conferencing services and related products and services between the Customers and the third parties partnered with the Company for the said purpose (“Conference Services“) and the purchase and sale of apparels and beauty related products between the Customers and the third party suppliers(“Third Party Services“). The Conference Services and Company’s exclusive services are referred to collectively as the “Services“. The Third Party services provided by the Company will be governed by the delivery policy as provided https://www.iknockfashion.com/shop/delivery-policy, which shall deemed to be a part of this Agreement.
The Customer agrees and understands that the Company may alter, expand, or reduce the features of the Services from time to time without notice to Customer. The Customer agrees that the Company’s obligation to provide the Services is conditioned upon Customer providing all information and assistance reasonably required to perform the Services, and Customer hereby agrees to timely provide all such information and assistance. If provided, Company reserves the right to reclaim any dial-in numbers. Customer acknowledges that not all Services can be guaranteed from all locations including, but not limited to landlines, mobile telephones, pay phones or satellite phones due to various in-country, carrier or other restrictions.
The Customer agrees that the Company is merely an aggregator or facilitator, facilitating the interaction between the third party suppliers and the Customers by providing a platform. The Customer understands that the Company does not endorse any of the product sold and any of the advice given by third party suppliers registered with the Company for the said purposes. The Customers buys the products through the Third Party Services provided by the Company and avails the Conference Services offered by the Company to interact with third party suppliers with their own consent and the Company shall not be liable for the same under any circumstances.
For the purpose of creating an Account on the Website, the Customer will be required to subscribe to a plan to avail the services provided by the Company (“Subscription Plan”) which shall be as provided in [ ]. The Company offers the services as per the selected Subscription Plan on an as-is-basis and will have the right to modify any feature at its discretion. The Subscription Plan will be valid for a period as provided in the Subscription Plan and will be provided for a fee (“Subscription Fee”) or free of cost, depending on the type of Subscription Plan.
The Company has provided a subscription guidance to enable the Customer to select the Subscription Plan, best suited to their needs. The Customer agrees that they are responsible for selecting a Subscription Plan that is most appropriate for them. The Company will not be liable to any refund due to an inappropriate selection or non-adherence of the instruction by the Customer.
Refund and Disputes
The refund and the dispute with respect to this Agreement will be governed by return &exchange policy as provided [•], which shall deemed to be a part of this Agreement.
Suspension, Termination and Deactivation
The Customer ,vendor may at any time withdraw their consent by deactivating/deleting their Account within the Website by clicking on the “Contact Us” tab provided in the Website, or by an email firstname.lastname@example.org. Upon the deletion/deactivation of the Account, all data associated with the Account that is stored with the Company (excluding the data that the Customer has uploaded and shared with third parties) will be deleted by the Company permanently.
The Company reserves the right to remove or block any Customer without paying any refunds (if any), at its sole discretion, where any activity performed through the Account causes or may cause or may be deemed to be or constitute:
- Offensive, defamatory,vulgar, false or misleading to any person;
- Violation of the rules and regulations that govern money changing activities and money changers;
- Breach of this agreement;
- Infringement of copyright or trademark or other intellectual property right of another; and/or
- Reputation harm to the company.
- Or any other offense as described under the appropriate laws governed in India.
The Company reserves the right to remove any User without paying any refunds, at its sole discretion, upon receipt of any complaints from any third part registered with the Company. On termination of the Account due to the reasons mentioned above, the Company shall not be liable to the User for the loss of any data or record kept on the Website by the User.
Without prejudice to the above, the Company reserves the right to initiate legal proceedings against the Customer for the fraudulent use of this Website or for any other unlawful act or omission in breach of this Agreement.
Subject to Customer’s compliance with the terms and conditions of this Agreement and any Contracts, if executed, the Company hereby grants Customer a non-exclusive license during the applicable Term to use the Services. Except as specifically set forth herein, the Company or its suppliers retain all right, title, and interest, including all intellectual property rights, relating to or embodied in the Services, including without limitation all technology, telephone numbers, web addresses, software, applications or systems relating to the Services. Customer agrees not to reverse engineer, de compile, disassemble,translate, or attempt to learn the source code of any software or applications related to the Services. Customer, Agents, and Resellers may not resell the Services.
Customer may not use the Services in an attempt to or in conjunction with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. All rights not expressly granted by the Company are hereby reserved. Customer agrees that it will not take any action to interfere with the Company’s ownership of or rights in the Services. The Company is under no obligation to provide Customer with any error corrections, updates,upgrades, bug fixes and/or enhancements. Customer agrees that (except as otherwise provided in this Agreement) it will not: (i) reproduce, republish,display, frame, download (except as expressly authorized herein), distribute,or transmit the Services; (ii) redistribute, encumber, sell, rent, lease, loan,sub license, assign, or otherwise transfer rights to the Services; (iii) modify or create any derivative works based on the Services, including customization,translation, or localization unless otherwise directed by the Company; (iv)copy, reproduce, reuse in another product or service, modify, alter, or display in any manner any Services or files, or parts thereof, included as part of the Services; (v) de compile, disassemble, reverse engineer, or otherwise attempt to derive the source code of the Services, or in any way ascertain, decipher, or obtain the communications protocols for accessing the Services, or the underlying ideas or algorithms of the Services; (vi) create or use any Services other than that authorized by the Conference Group to access the Services;(vii) attempt to gain unauthorized access to the Services or to any account,application, platform, computer system or network associated with the Services;(viii) use the Services in any way that violates this Agreement, or any other agreements to which Customer is a party, or any law; (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Services or associated with the Services; (x) post,transmit, redistribute, upload, or promote any materials that (a) violate or infringe in any way upon the rights of others, including without limitation copyrights and trademarks, (b) contain corrupted files, viruses, or any other similar Services files the intent of which is to damage the operation of an other’s computer or the Services, (c) are unlawful, threatening, harassing,abusive, defamatory or invasive of privacy or publicity rights, (d) contain any unsolicited advertising, promotional materials, or other forms of solicitation to other Customers, individuals or entities, (e) encourage conduct that would constitute a criminal offense, or (f) give rise to civil liability; or (xi)undertake any conduct that, in the judgment of the Company, intentionally restricts or inhibits any other user from using or enjoying the Services.Customer will have sole responsibility for the adequate protection and backup of its data and/or equipment used with the Services.
All reviews, comments, feedback, suggestions,ideas, and other submissions disclosed, submitted or offered to the Company on or through this Website, any blog, Facebook, Twitter or any other such social media or networking platform or otherwise disclosed, submitted or offered in connection with the Customer’s use of this Website (collectively, the “Comments”)shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Thus, the Company owns all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Company shall be entitled to use, reproduce,disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments the Customer submits for any purpose whatsoever, without restriction and without compensating the Customer in any way. The Company is and shall be under no obligation: (1) to maintain any Comments in confidence; (2) to pay the Customer any compensation for any Comments; and/or (3) to respond to any Comments.
You agree that any Comments submitted by the Customer to this Website, any blog, Facebook, Twitter or any other such social media or networking platform or disclosed otherwise shall not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and shall not cause injury to any person or entity, including the Company. The Customer further agree that no Comments submitted by them on the Website or on social networking platforms, as aforesaid, shall be or contain libelous or otherwise unlawful, threatening,abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. The Company may not regularly review the Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments. The Customer grants the Company the right to use the name that you submit in connection with any Comments. You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit, as aforesaid. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify the Company for and against all claims resulting from any Comments you submit. The Company takes no responsibility and assumes no liability for any Comments submitted by you or any third party.
You agree not to send or otherwise make available content that is unlawful, harmful,threatening, abusive, harassing, torturous, defamatory, vulgar, obscene,libelous, invasive of an other’s privacy, or contains hate speech.
You acknowledge that the Company may or may not pre-screen text message content you provide,but shall have the right, without obligation and in its sole discretion, topre-screen, refuse, or remove any content you make available, including content that violates this section.
Responsibility For Customer’s Accounts
Customer is responsible for maintaining the confidentiality of Account, dial-in numbers, conference pass codes, passwords and personal identification numbers used in conjunction with the Services and for all uses of the Services in association with the Account whether or not authorized by Customer. Customer will not allow children under 18 to use the Services without the involvement of a parent or guardian. Customer agrees to immediately notify the Company of any unauthorized use of the Account of which Customer become aware.
Responsibility For Communications
Customer is the sole owner of content and solely responsible for the content of all communications (video, visual, written or audible) using Customer’s Accounts.Customer shall comply with all laws while using the Services; shall not transmit any communication that violates any law, court order, or regulation;shall not violate any third party rights in using the Services; and shall not use the Services in any way that damages the Company’s property and/or reputation or interferes with or disrupts the Company’s system or other users.
The Customer further confirms and consents the Company to record the conversation and data with for maintenance purposes. The Customer understands that the Company merely facilitates the interaction between the Customer and the third parties registered with the Company by providing the Conference Service, and the third parties herein are independent contractor and are not directly related to the Company. The Customer agrees that the interaction between the Customer and the third party is in accordance with the consent and the Company in nonevent, shall be directly or vicariously liable for any advice or any loss or injury arising out of the interaction between the Customer and the third parties availing the Conference Services.
All services are provided “as is” and without any warranty. Customer understands and agrees that Services and the information and the content available on the Website are provided “as is” and “as available”. The Company,its agent, employees and affiliates all the third parties associated with the Company (“Representatives”) providing Services using the Website developed by the Company expressly disclaim all warranties of any kind, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose or non-infringement. The Company and its Representatives makes no warranty or representation regarding any information, materials, goods or services obtained through the Company or Websites, or that the Services offered by the Company will meet any of Customer’s requirements, or be uninterrupted, timely, secure or error free. Use of the Services and Website are at Customer’s sole risk. The Company is not liable for acts or omissions of other service providers, for information or content of communications, third party services, equipment failure or modification, or causes beyond the Company’s reasonable control.
Limitation Of Liability
THE WEBSITE MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS,OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE WEBSITE OR DELAY OR ERRORS IN FUNCTIONALITY OF THE WEBSITE. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/DEBIT CARDS OR OF ANY FINANCIAL INFORMATION PROVIDED BY YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES WHATSOEVER OR LOSS OF GOODWILL, DATA OR PROFITS, OR COST OF COVER ARISING OUT OF, OR RESULTING FROM THE SERVICES, THIS AGREEMENT OR ANY CONTRACT REGARDLESS OF THE LEGAL THEORY OF RECOVERY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR DAMAGES THAT ARE REQUIRED BY LAW TO BE PAID, CUSTOMER AGREES THAT ALL DAMAGES ARE EXCLUDED EXCEPT FOR THE DIRECT DAMAGES THAT ARE ACTUALLY INCURRED BY CUSTOMER IN REASONABLE RELIANCE, UP TO THE LESSER OF THE AMOUNT OF A REFUND OF THE PRICE THAT CUSTOMER ACTUALLY PAID FOR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE FILING OF SUCH CLAIM REGARDLESS OF THE FORM OF ACTION OR CLAIM (E.G., CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE, FRAUD,OR OTHER LEGAL THEORY).
The Customer hereby agree to indemnify and hold the Company, its agents,contractors, members, subsidiaries, affiliates, service providers, syndicators, distributors, licensors, officers, directors, employees, successors-in-interest and assigns harmless from and against any and all claims, liabilities, damages,losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Your actions or in actions including the breach of any of the terms and conditions set out herein, which may result in (i) any loss or liability to the Company or any third party; (ii) misuse of the Device or of any third person for accessing the Website and services; or (iii) arising out of Your violation of any applicable laws and regulations, including but not limited to infringement of intellectual property rights, non-payment of statutory dues and taxes,claims of libel or defamation, violation of rights of privacy or publicity,delay, misrepresentation, negligence, default, omission to act or misinformation or loss. You agree to provide the Company with notice of any such claims as detailed in this provision and agree that the Company shall have full authority to defend, compromise or settle such claims. You will provide cooperation and assistance necessary to defend such claims, at Your sole expense. This provision shall survive the termination of this Agreement.
If any part of this Agreement is determined to be invalid or unenforceable, then such invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, the allocation of risk, and the remainder of the Agreement will continue in effect.If any provision(s) is found to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision unless agreed to by the Company in a non-electronic writing manually signed by a duly authorized representative of the Company. If there is any law, rule, regulation or policy that causes the Company to be regulated or that causes the Agreement or Services to be in conflict with such law, rule, regulation or policy, the Company may terminate or modify the affected Services without liability.
Customer authorizes Company’s monitoring including recording of calls for the purposes of quality assurance and Customer further consent to the Company’s use of automatic dialing equipment to contact Customer. Customer may not assign this Agreement or any Contract to any other person or entity without Company’s prior written approval, but nothing restricts Company’s ability to assign this Agreement or any Contract or subcontract the Services hereunder.
The Customer further understands that the Company shall respond to all communication in a timely manner but there may be delay in response to any communication received from the Customer due to the reason that such communication was somehow traced as spam or was not reached to the Company’s representative. Further, the Customer shall also be responsible to check the communication/ correspondence made by the company in there spam or trash folder of their email regularly.
Governing Law; Exclusive Forum; Jurisdiction
This Agreement shall be construed in accordance with the laws of the India without regard to the conflict of laws and the courts at New Delhi will have exclusive jurisdiction to any dispute with respect to the Services provided by the Company and this Agreement.
It is hereby clarified that the Company shall solely be responsible for the services exclusively provided by the Company and not for the services provided by the Third Party Seller’s.
The Company will not be held responsible for any delay or failure in performance of any part of this Agreement if and to the extent that such delay or failure is caused by:fire, flood, lightening, explosion, war, act of terrorism, strike, embargo,labor dispute, government requirement, civil or military authority, act of God or nature, inability to secure materials or transportation facilities, act or omission of third party carriers or suppliers, act or failure to act of any Governmental authority, computer viruses or worms, computer sabotage, ‘Denial of Service’ attacks, DNS spoofing attacks and/or other hacking attacks of a similar nature, or any other causes beyond the Company’s reasonable control,whether or not similar to the foregoing. The occurrence of an event of force majeure shall not relieve Customer of obligation to pay the Company for Services used by Customer prior to the occurrence of such event, or which may become due by Customer thereafter on account of Customers continued use of such Services after such occurrence. Failure of the Company to perform under this Agreement because of the occurrence of an event of force mature the effect of which lasts more than forty five days shall be grounds for termination of the Service(s) affected by that event, but not of the entire Agreement.
This Agreement is addition to Contract(s) and Subscription Plans, if any, executed by the parties, constitute the entire Agreement between the Company and Customer with respect to the Services. If any provision of this Agreement is held to be invalid, void, or unenforceable, than such provision shall be deemed null and void without invalidating the remaining provisions hereof. A waiver of any breach of this Agreement shall not be deemed a waiver of such a party’s right to enforce such terms and conditions at any time.
Notices from the Company to Customer under this Agreement may be sent by mail, email, fax or other electronic media and will be considered given upon delivery to the physical address, fax number, email address or other contact information provided by Customer for billing or account management purposes. All notices must be in English.
The Company may,at any time, amend the provisions of this Agreement. Notwithstanding anything in this Section to the contrary, if the Company posts amended terms on its Website, such terms will automatically become effective from the date of posting of such amended terms on the Website. By using the Services after such revised terms are posted, Customer agrees to be bound by any such amended provisions. Therefore, Customer agrees to periodically visit the Website to examine the then-current Agreement.
Contact the Grievance Officer
In compliance with the Information Technology Act, 2000 and the rules made thereunder, You may address Your grievances with respect to the processing of Your information to the Grievance Officer whose contact details are as below:
Name : Sheetal Gupta
Designation : Corporate Communication
Company Name : Ellora Boarding Pvt. Ltd.
Phone : +91-7277774776
Email : email@example.com
The Customer agrees the Grievance Officer will respond to the communication received on business days that is Monday to Friday between 10 am to 6 pm.
By accepting or clicking the I Agree tab, You acknowledge and confirm that You have read and understood this Agreement and agree to be bound by the terms and conditions contained herein.