1. User Account, Password, and Security: If You use the EG Store, 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, We shall have the right to indefinitely suspend or terminate or block access of your membership on EG Store.
You agree to (a) immediately notify EG Store of any unauthorized use / breach of your password or account and (b) ensure that you exit from your account at the end of each session.
2. Services Offered: EG Store does not warrant that Product description or other content of EG Store is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Platform for Transaction and Communication: The EG Store is a platform that Users utilize to meet and interact with one another for their transactions. EG Store is not and cannot be a party to or control in any manner any transaction between the EG Store’s Users. Henceforward:
a. All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. EG Store does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
b. EG Store does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the EG Store.
c. EG Store is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. EG Store does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the EG Store. d. At no time shall EG Store hold any right, title or interest over the products nor shall EG Store have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
e. The EG Store is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. EG Store is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.
At no time, shall EG Store hold any right, title or interest over the products nor shall EG Store have any obligations or liabilities in respect of such contract. EG Store is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
f. Pricing on any product(s) as is reflected on the EG Store, due to some technical issue, typographical error or product information published by seller, may be incorrectly reflected and in such an event seller may cancel such order(s). g. You release and indemnify EG Store and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the EG Store and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, EG Store cannot take responsibility or control the information provided by other Users which is made available on the EG Store.
4. User Conduct and Rules on the EG Store: You agree, undertake and confirm that Your use of EG Store shall be strictly governed by the following binding principles:
a) You shall not host, display, upload, modify, publish, transmit, update or share any information which: • belongs to another person and to which You do not have any right to; • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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; • is misleading in any way; • involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; • infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity; • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; • contains video, photographs, or images of another person (with a minor or an adult). • tries to gain unauthorized access or exceeds the scope of authorized access to the EG Store or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the EG Store or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; • interferes with another USER’s use and enjoyment of the EG Store or any other individual’s User and enjoyment of similar services; • infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; • violates any law for the time being in force; • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; • shall not be false, inaccurate or misleading; • shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
b. You shall not 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 EG Store or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the EG Store or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the EG Store. We reserve Our right to bar any such activity. c. You shall not attempt to gain unauthorized access to any portion or feature of the EG Store, or any other systems or networks connected to the EG Store or to any server, computer, network, or to any of the services offered on or through the EG Store, by hacking, password “mining” or any other illegitimate means. d. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity e. From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner. f. You shall not engage in advertising to, or solicitation of, other Users of the EG Store to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the EG Store or related to us. g. The Content posted does not necessarily reflect EG Store views. In no event shall EG Store assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the EG Store. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
5. Disclaimer of Warranties and Liability: All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through EG Store are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, EG Store does not warrant that: EG Store will be constantly available, or available at all; or the information on EG Store is complete, true, accurate or non-misleading. You will be required to enter a valid phone number while placing an order on the EG Store. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
8. Trademark, Copyright and Restriction: EG Store is controlled and operated by EG Store and products are sold by respective Sellers. All materials on EG Store are protected by copyrights, trademarks, and other intellectual property rights. Material on EG Store is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other EG Store or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
9. Limitation of Liability: In no event shall EG Store be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) breach of condition, representations or warranties by the manufacturer of the Products (d) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the EG Store or Service. EG Store shall not be held responsible for non-availability of the EG Store during periodic maintenance operations or any unplanned suspension of access to the EG Store. The User understands and agrees that any material and/or data downloaded at EG Store is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, EG Store’s liability shall be limited to an amount equal to the Products purchased value bought by You. EG Store shall not be liable for any dispute or disagreement between Users
10. Termination: a. EG Store may suspend or terminate your use of the EG Store or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until EG Store chooses to terminate them. b. If You or EG Store terminates your use of the EG Store or any Service, EG Store may delete any content or other materials relating to your use of the Service and EG Store will have no liability to you or any third party for doing so. However, your transactions details may be preserved by EG Store for purposes of tax or regulatory compliance. c. You shall be liable to pay for any Service or Product that you have already ordered till the time of Termination by either party whatsoever. d. If EG Store unilaterally terminates Your account without any reason then any applicable cash back or wallet amount (if any) shall be refunded to You.
11. Governing Law: These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Jaipur. The place of jurisdiction shall be exclusively in Jaipur.