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TERMS AND CONDITIONS
These Website Terms And Conditions Is An Electronic Record In The Form Of An Electronic Contract Formed Under The Information Technology Act, 2000 And Rules Made Thereunder And The Amended Provisions Pertaining To Electronic Documents / 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.
These Terms And Conditions Is A Legally Binding Document Between User And Go4ethnic (Both Terms Defined Below). This Document Will Be Effective Upon Your Acceptance Of The Same (Directly Or Indirectly In Electronic Form Or By Means Of An Electronic Record) And Will Govern The Relationship Between User And Go4ethnic For The Use Of The Website (Defined Below)
These Terms and Conditions of the website located at the URL www.go4ethnic.comand mobile application under the name and style "Go4Ethnic"is between Vilcrafts Marketplace Private Limited (hereinafter referred to as "Go4Ethnic", "Company" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which Go4Ethnic offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").
This Agreement applies to all users of the Go4Ethnic.com website, including without limitation users who are sellers, buyers, and merchants, contributors of content, information and other materials or services on the website.
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may visit, access or use Go4Ethnic.com, including any subdomains, webpages or extension of Go4Ethnic.com (Website) and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of Go4Ethnic.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.
Vilcrafts Marketplace Private Limited(Henceforth referred to as "Company")reserves the right to change this website and/or amend, alter the terms and conditions of this document at any time and your use of this Website following any amendments will represent your agreement to be bound by these Terms and Conditions as amended. The revised version/ terms shall be effective from the time that the Company posts the same on the Website.We retain the right to deny access to anyone who the Company believes has violated the provisions of this document. We therefore strongly recommend that each time you access our Website you read these Terms and Conditions.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by Go4Ethnic Rules and Policies for Sellers and Buyers as provided from time to time in the following hyperlinks:
- Go4Ethnic.com website is an online platform in the form of an electronic marketplace and an intermediary that
- provides a platform for sellers to advertise, exhibit, make available and offer to sell various Products to buyers/ customers and;
- a platform for such other Users to accept the offer to sell the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and;
- services to facilitate the engagement of buyers and sellers to under commerce on the Website. The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Products.
- ii. Subject to the Terms and Conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Website. Go4Ethnic reserves all rights not expressly granted herein in the Website and the Go4ethnic Content (as defined below). Go4Ethnic may terminate this license at any time for any reason or no reason. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Go4Ethnic.com reserves the right to cancel all past, pending and future orders without any liability.
2. Eligibility To Use
- i. The website services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Go4Ethnic system by Go4Ethnic for any reason whatsoever.This Website may only be used or accessed by 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, persons of unsound mind, and undischarged insolvents are not eligible to use the Website. A minor is not allowed to access or register as a User or sell or purchase any items on the Website.
- If you are below the age of eighteen (18) years, please read through this document with your parent or legal guardian, and in such a case these Terms and Conditions shall be deemed to be a contract between Go4Ethnic and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
- If you represent and are registering as a business entity, by accepting the User Agreement you represent that such entity has sufficient authority under applicable law to enter into the User Agreement and you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
- At any given time, You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
- Go4Ethnic reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing, registered Users at any time without according any reasons for doing so.
3. Your User Account, Passwords and Communications
- You may access and use the Website and the Services either as a guest or as a registered user. However, not all sections of the Website and Services will be accessible to guest users.
- Seller Registration: To be eligible to sell items on the Go4Ethnic.com Website, the User is required to separately register on Seller Registration page under Seller Central on the Website. The seller shall provide complete details of all the required mandate fields such as the Seller Bank Account, VAT number etc.in order to be eligible to sell on Go4Ethnic.com Website.
- Buyer Registration: Other than being a User, there is no separate registration requirement for buyers. Anyone who holds a valid card or valid bank account can shop or purchase on Go4Ethnic.com. Website allows limited services for unregistered or guest users. Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, guest users will not be able to enjoy certain benefits reserved for our registered users. These benefits change from time to time.
- You agree to ensure that your registration details, including your name, address, contact number and email address, are true and accurate at all times and you undertake to update your registration details from time to time when they change.
- You are solely responsible for maintaining secrecy and confidentiality of your username and password.
- We encourage you to use "strong" alpha-numeric passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
- You hereby acknowledge and accept that the website will grant access to any person who has obtained your username and password in the same manner as it would have granted access to you and you are responsible for all activities conducted under your username and password.
- You must notify Go4Ethnic immediately of any breach of security or unauthorized use of your account. The Company, its employees or associates will not be responsible in any manner for losses caused by unauthorized use occurring from such breach of secrecy of your username and password.
- If we become aware that either your name and/or email address is incorrect, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion.
- You may control your User profile/account and how you interact with the Website by changing the settings in your "account settings" page. By providing Go4Ethnic, your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail.
- We may also use your email address to send you other messages, such as changes to features of the Service and newsletters, special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your "account settings or unsubscribe.Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
- Go4Ethnic services are not available to temporarily or indefinitely suspended Go4Ethnic members. Go4Ethnic reserves the right, in Go4Ethnic's sole discretion, to cancel unconfirmed or inactive accounts. Go4Ethnic reserves the right to refuse service to anyone, for any reason, at any time.
- Your Go4Ethnic account gives you access to the Website and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Go4Ethnic with a third-party service (for example, Facebook or Twitter), you give us permission to access and use your information from the same.
- You agree to keep yourself updated with all data, information and communication pertaining to you made available on the Website by the Company. You further agree that your use of the Website or provision of any data or information including any correspondence (by email or otherwise) to or by the Company is through electronic records and you consent to receive communication from the Company via electronic records which will be deemed adequate service of notice/ electronic record.
- You understand and agree that the Company and the Website merely provide hosting services to its Users (buyers and sellers) who access the Website for purchase and sale of uniqueEthnic products (that are permitted to be bought and sold under applicable law). All items advertised and/or listed on the Website and the contents therein are advertised and listed by Users and are third party purchasers and/or sellers as the case may be. 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.
- Presently, 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 material, courier charges etc., such fees will be borne by the seller.
- 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. The 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.
- The Company reserves the right to introduce new services or modify the existing services provided on the Website at any time.
- All fees/ charges shall be quoted in Indian Rupees and shall be payable to Vilcrafts Marketplace Private Limited within such time as specified in the invoice. You are responsible for paying all charges/ fees associated with the use of the Website and shall be liable to pay any and all applicable taxes, charges, cesses etc. which may be levied.
- In case of any non- payment, the Company reserves the right to issue a warning or temporarily/ indefinitely suspend or terminate your membership with the Website and disallow access to the Website. The Company also reserves the right to take any legal action against you in case of any non- payment of charges/fees to the Company.
- If you purchase/buy any product on the Website, you agree to also comply with the terms and conditions set out in the Policy for Buyers incorporated herein by reference.
- If you propose to sell any product on the Website, you agree to also comply with the terms and conditions set out in the Policy for Sellers incorporated herein by reference.
- The Company offers packing materials, courier services from our logistic partners, and other value added services to the sellers and sellers who opt to avail any of the Go4Ethnic's Logistics services agree to comply with the terms and conditions set out in Policy forShipping, Refund, Return, and Cancellation as listed on the homepage of the website.
- You understand and agree that the Company may appoint any third party service providers, including but not restricted to one or more of the Company's affiliate to provide backend operations and support as instructed by the Company from time to time including but not limited to collection, processing and remittance of the Transaction Price using the existing authorized banking infrastructure to provide enabling support facility for collection and remittance of payment including but not limited to the Logistics Partner.
- The Company neither originates nor transmits any communication/ information on behalf of any User nor does it modify the contents of any communication transmitted. The Company has no control over third parties and contents generated by the Users on the Website.
- Any information provided by you to the Company or submitted on the Website or provided or displayed to other Users of the Website in the registration, buying or listing process, in the feedback area or through any e-mail communication is solely your responsibility and the Company or the Website merely is a platform where such information is distributed, published, displayed or used by Users. The Company or the Website is not liable for accuracy, appropriateness or legality of such information.
- You agree, understand and acknowledge that the Go4Ethnic.com website is an online platform that enables you to purchase/buy products that are listed on the website at the price indicated therein at any time from any location. You further acknowledge and agree that Go4Ethnic is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website.
5. User Obligations
- Subject to compliance with the Agreement(s), Go4Ethnic grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein
- The Website may allow you to post certain content, data or information of Your own such as allowing You to write product reviews, rate Products, seller, post your comments, as well as submit any suggestions, comments, questions or other information to Go4Ethnic using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You understand, agree and acknowledge that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Go4Ethnic does not endorse any User Content on the Website and is not responsible or liable for any User Content. Go4Ethnic reserves the right to disable access to the User Content on the Website.
- You understand and agree to grant Go4Ethnic a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, alter, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date your User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach the User terms and conditions; and (iii) that such User Content is lawful
- You agree, understand and acknowledge that the Go4Ethnic.com website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic platform where various Users (Buyers and Sellers) may electronically interact with each other to engage in commerce and transact. You further agree and acknowledge that Go4Ethnic is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sellor transactions of sale or purchase of Products on the Website. Go4Ethnic is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). Go4Ethnic neither recommends You to buy or sell any Products on the Website nor does Go4Ethnic endorse any such Products or provide any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Go4Ethnic does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
- You agree, understand and acknowledge that when you use the Website and/or the Services You specifically undertake not to host, display, upload, alter, modify, publish, transmit, update or share any information or Content that:
- belongs to another person and to which the User does 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 whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986
- harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
- deceives or misleads the addressee/user about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Go4Ethnic server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- infringes any patent, trademark, copyright or other proprietary rights;
- impersonate any person or use anonymous proxy
- 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 of any other nation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
- Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
- 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, the Website, or any other customer of Go4Ethnic, including any Go4Ethnic Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Go4Ethnic or other third parties;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force within or outside India;
- violate the terms of the Agreement
- You shall be solely responsible for keeping backup versions of all the information and data provided by you. You understand and agree that you will not expect the Website/The Company to restore or keep back up of your information and data and not hold the Website or The Company accountable for any loss of data in any circumstances.
- You shall not, either alone or in conjunction with other users, manipulate or attempt to manipulate the prices of any item being sold or purchased on the Website. You will also refrain from accessing information or databases in an unauthorized manner from the Website or servers where information or databases are kept.
- You shall not place any advertisements on the Website in any manner. Further, you shall not use the Website to promote your own or any other persons business or interests on the Website except for providing description on a listing for a specific item, unless permitted by the Company in writing.
- If you choose to give feedback on the Website which is visible to other users, you shall take due care while making comments and not make any comments that are not factual in nature and shall not post defamatory or illegal or offensive/ obscene contents.
- In case of any transaction or attempted transaction pertaining to any item listed on the Website which is violative of this User Agreement or applicable laws comes to your knowledge, you shall forthwith take all steps to inform the Company of such violation at email@example.com
- You undertake not to disclose or distribute any other User's Information to a third party, or use the Information for any unauthorized purpose including for the purposes of marketing unless you have obtained the User's express consent to do so.
- You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person
- You shall not attempt to or circumvent or manipulate any of the obligations conferred on you by this User Agreement. If such attempt is discovered, it will constitute sufficient ground for termination of access to the Website and also for taking appropriate legal action.
- You shall not attempt to 'double dip' during the course of a dispute by receiving or attempting to receive funds from the Company and/or its service providers and/or the buyer or seller as the case maybe.
6. Our Proprietary Rights
Except for your User Content, the videos and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Go4Ethnic Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Go4Ethnic and its licensors (including other Users who post User Content to the Website ). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Go4Ethnic Content. Use of the Go4Ethnic Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about our Website including the products and or services we provide therein, including without limitation about how to improve the Service or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Go4Ethnic under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Go4ethnic does not waive any rights to use similar or related ideas previously known to Go4Ethnic, or developed by its employees, or obtained from sources other than you.
7. Use of Content
- Except as expressly indicated to the contrary in any applicable Additional Service Terms, Go4Ethnic hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
- You may not modify or alter product catalogues available on the Website;
- You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
- You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
- The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
- Any software that is available on the Website is the property of Go4Ethnic or its Sellers. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of Go4Ethnic.
8. Payment Related Information
- For the purposes of buying and/or selling any item listed on the Website, you agree and undertake not to make payments in any manner other than as provided, without the prior consent of the Company.
- You agree, understand and acknowledge that you have specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Transaction Price by any of the prescribed methods of payment through Payment on Billing or Payment on Delivery to and from other Users in respect of Transactions.
- Any claim for refund of any payment made to the Company, for any reason whatsoever, shall be to the account of the Seller and the Company shall not be responsible for the same including but not limited to service charges or any other fees/ charges.
- The Company reserves the right to, at its sole discretion, replace or remove any nodal bank (Nodal Bank) without providing any intimation.
- The Company shall make reasonable efforts to ensure that requests for electronic debits and credits involving Issuing Bank are informed to the Nodal Bank (defined below) in a timely manner. However, a number of factors that are outside of the Company's control (including without limitation actions of Issuing Bank, Nodal Bank and the bank or credit / debit/ cash card and/or banks or financial institution infrastructure or indirectly through payment gateway facility providers or through any such facility authorized by the Reserve Bank of India to provide enabling support facility for collection and remittance of payment where the Transaction Price is remitted and/or refunded) may delay the time within which the Transaction Price are collected/ remitted by the Company. The Company neither makes any representations nor makes any warranties regarding the amount of time needed to complete processing, including delays in the banking system and nor shall the Company be liable for any actual or consequential damages arising from any claim of delay.
- Payment Facility for Your orders: Go4Ethnic may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payment between Users i.e. buyers and sellers and for collection of Go4Ethnic's fees and other charges. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Go4Ethnic shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between Go4Ethnic and sellers.
- Unless otherwise stated, all prices are quoted in Indian Rupees. You are responsible for paying all prices and applicable taxes associated with your use of the Site in a timely manner with a valid payment method that is accepted by us in our sole discretion. If your payment method fails or your account is past due, then we may collect the amount owed to us by using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to our site pending resolution of any amounts due by you to us.
- You agree and accept that the Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price, by providing the Payment Facility or any other method of payment to its Users.
9. Pricing Information
- While Go4Ethnic strives to provide accurate product and pricing information, pricing or typographical errors may occur. Go4Ethnic shall confirm the price of a product once the order has been placed. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Go4Ethnic shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
- In the event that an item is mis-priced, Go4Ethnic may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. If an item's correct price is lower than our stated price, we shall charge the lower amount and dispatch the item. If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Go4Ethnic will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Go4Ethnic accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Go4Ethnic dispatch of the product that you have ordered. Incase of cancellation of a particular order after the payment has been processed, the said amount will be reversed back to your credit card account.
10. Intellectual Property Rights
- The Website and the processes, and their selection and arrangement, including but not limited to all applets, texts, graphics, images, layouts, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Website is owned and controlled by Go4Ethnic or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Go4Ethnic reserves the right to change or modify the Content from time to time at its sole discretion
- The logos, trademarks, and service marks displayed on the Website ("Marks") are the property of Go4Ethnic or their Sellers or respective Third Parties. You are not permitted to use the Marks without the prior consent of Go4thnic, the Seller or the Third Party that may own the Marks.All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
- Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Go4Ethnic owns all intellectual property rights to and into the trademark "Go4Ethnic", and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Go4Ethnic's content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Go4Ethnic and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Go4Ethnic or our licensors except as expressly authorized by these Terms.
- Except as expressly provided herein, You understand, acknowledge and agree that You shall not duplicate, copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium whatsoever without obtaining the necessary authorization from Go4Ethnic or third party owner of such Content.
- If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright.
11. Third Party Content
- General Third Party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to Third Party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is solely for general informational purposes only. You understand and acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an 'As Is' basis. Go4Ethnic may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Go4Ethnic shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
- In the event any Third Party Content contains links to Third Party websites, and if You visit any such external link, You understand and agree to do so at your own risk, responsibility and liability. Go4Ethnic makes no warranty or representation regarding, and does not endorse, any website linked to the Go4Ethnic Website / Services or the information appearing thereon or any of the products or services described thereon.
12. Electronic Communications
Applicable laws require that some of the information or communications Go4Ethnic sends to you should be in writing. When using our site, You accept that communication with Go4Ethnic will be mainly electronic. Go4Ethnic will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that Go4Ethnic provides to You electronically comply with any legal requirement that such communications be in writing. This condition does not affect Your statutory rights.
If Go4ethnic Does Not Deliver Or If The Products Go4ethnic Delivers Are Not What You Ordered Or Are Damaged Or Defective Or The Delivery Is Of An Incorrect Quantity, Go4ethnic's Only Obligation Will Be, At Our Option To: Make Good Any Shortage Or Non-Delivery Or Incorrect Delivery; Or Replace Or Repair Any Products That Are Damaged Or Defective; Or Refund To You The Amount Paid By You For The Products In Question Go4ethnic Shall Have No Liability To You For Any Consequential, Special Or Indirect Losses Including Without Limit Loss Of Revenues, Profits, Contracts, Business Or Anticipated Savings Damage To Or Loss Of Goodwill, Reputation Or Data. Without Prejudice To The Foregoing, Go4ethnic's Total Aggregate Liability To You Under And/Or Arising In Relation To This Contract Shall Not Exceed The Amount Paid By You For The Products. Nothing In This Contract Shall Exclude Or Limit Go4ethnic's Liability For Death Or Personal Injury Due To Our Negligence Or Any Liability Which Is Due To Our Fraud Or Any Other Liability Which Go4ethnic Is Not Permitted To Exclude Or Limit As A Matter Of Law.
- To The Maximum Extent Permitted By Applicable Law, Go4ethnic Will Have No Liability Related To User Content And / Or Third Party Content Arising Under Intellectual Property Rights, Libel, Privacy, Publicity, Obscenity Or Other Laws. Go4ethnic Also Disclaims All Liability With Respect To The Misuse, Loss, Modification Or Unavailability Of Any User Content And / Or Third Party Content.
- You Expressly Understand And Agree That, To The Maximum Extent Permitted By Applicable Law Go4ethnic Will Not Be Liable For Any Loss That You May Incur As A Consequence Of Unauthorized Use Of Your Account Or Account Information In Connection With The Website Or Any Services, Either With Or Without Your Knowledge. Go4ethnic Has Endeavored To Ensure That All The Information On The Website Is Correct, But Go4ethnic Neither Warrants Nor Makes Any Representations Regarding The Quality, Accuracy Or Completeness Of Any Data, Information, Product Or Service. Go4ethnic Shall Not Be Responsible For The Delay Or Inability To Use The Website Or Related Functionalities, The Provision Of Or Failure To Provide Functionalities, Or For Any Information, Software, Products, Functionalities And Related Graphics Obtained Through The Website, Or Otherwise Arising Out Of The Use Of The Website, Whether Based On Contract, Tort, Negligence, Strict Liability Or Otherwise. Further, Go4ethnic Shall Not Be Held Responsible For Non-Availability Of The Website During Periodic Maintenance Operations Or Any Unplanned Suspension Of Access To The Website That May Occur Due To Technical Reasons Or For Any Reason Beyond Go4ethnic's Control. The User Understands And Agrees That Any Material Or Data Downloaded Or Otherwise Obtained Through The Website Is Done Entirely At Their Own Discretion And Risk And They Will Be Solely Responsible For Any Damage To Their Computer Systems Or Loss Of Data That Results From The Download Of Such Material Or Data. Go4ethnic Is Not Responsible For Any Typographical Error Leading To An Invalid Coupon. Go4ethnic Accepts No Liability For Any Errors Or Omissions, With Respect To Any Information Provided To You Whether On Behalf Of Itself Or Third Parties
- You Release And Indemnify The Company 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 Website And Specifically Waive Any Claims That You May Have In This Behalf Under Any Applicable Law. The Company Cannot Control The Information Provided By Other Users, Which Is Made Available On The Website Notwithstanding The Company's Reasonable Efforts In That Behalf. You May Find Other User's Information To Be Offensive, Harmful, Inaccurate, Or Deceptive. Please Use Caution And Practice Safe Trading When Using The Website. Please Note That There May Be Risks In Dealing With Foreign Nationals, Underage Persons Or People Acting Under False Pretense.
- In A Credit/Debit Card Transaction, You Must Use A Credit /Debit Card That Is Issued In The Name Of The User. Go4ethnic Will Not Be Liable For Any Credit/Debit Card Fraud Because Of The Card Being Used Fraudulently. The Liability To Use A Credit/Debit Card Or A Net Banking Transaction Fraudulently Will Be On You And The Onus To 'Prove Otherwise' Shall Be Exclusively On You.
14. LIMITATION OF LIABILITY
- You Agree To Indemnify, Defend And Hold Harmless Go4ethnic, Its Subsidiaries, Affiliates, Vendors, Agents And Their Respective Directors, Officers, Employees, Agents And Contractors (Herein After Individually And Collectively Referred To As "Indemnified Parties") From And Against Any And All Losses, Bodily Injury, Emotional Distress, Liabilities, Claims, Suits, Proceedings, Penalties, Interests, Damages, Demands, Costs And Expenses (Including Legal And Other Statutory Fees And Disbursements In Connection Therewith And Interest Chargeable Thereon) Asserted Against Or Incurred By The Indemnified Parties That Arise Out Of, Result From, Or In Connection With (I) Your Breach Of The Agreement(S); Or (Ii) Any Claims Made By Any Third Party Due To, Or Arising Out Of, Or In Connection With, Your Use Of The Website; Or (Iii) Any Claim That Any Third Party Content / Content, Information Or Materials Provided By You Caused Damage To A Third Party; Or (Iv) Your Violation Of Any Rights Of Another, Including Any Intellectual Property Rights.
- To The Maximum Extent Permitted By Applicable Law, In No Event Shall Go4ethnic, Its Affiliates, Agents, Directors, Officers, Employees, Suppliers Or Licensors Be Liable For Any Indirect, Punitive, Incidental, Special, Consequential Or Exemplary Damages, Including Without Limitation. Damages For Loss Of Profits, Goodwill, Use, Data Or Other Intangible Losses, Arising Out Of Or Relating To The Use Of, Or Inability To Use, This Website. Under No Circumstances Will Go4ethnic Be Responsible For Any Damage, Loss Or Injury Resulting From Hacking, Tampering Or Other Unauthorized Access Or Use Of The Website Or Your Account Or The Information Contained Therein.
- To The Maximum Extent Permitted By Applicable Law, Go4ethnic Assumes No Liability Or Responsibility For Any (I) Errors, Mistakes, Or Inaccuracies Of Content; (Ii) Personal Injury Or Property Damage, Of Any Nature Whatsoever, Resulting From Your Access To Or Use Of Our Website; (Iii) Any Unauthorized Access To Or Use Of Our Secure Servers And/Or Any And All Personal Information Stored Therein; (Iv) Any Interruption Or Cessation Of Transmission To Or From The Website; (V) Any Bugs, Viruses, Trojan Horses, Or The Like That May Be Transmitted To Or Through Our Website By Any Third Party; (Vi) Any Errors Or Omissions In Any Content Or For Any Loss Or Damage Incurred As A Result Of The Use Of Any Content Posted, Emailed, Transmitted, Or Otherwise Made Available Through The Website; And/Or (Vii) User Content Or The Defamatory, Offensive, Or Illegal Conduct Of Any Third Party. In No Event Shall Go4ethnic, Its Affiliates, Agents, Directors, Officers, Employees, Suppliers, Or Licensors Be Liable To You For Any Claims, Proceedings, Liabilities, Obligations, Damages, Losses Or Costs In An Amount Exceeding The Amount You Paid To Go4ethnic Hereunder Or Indian Rupees One Hundred (Rs 100), Whichever Is Greater.
- Consequently, Go4ethnic Assumes No Liability Whatsoever For Any Monetary Or Other Damage Suffered By You On Account Of The Delay, Failure, Interruption, Or Corruption Of Any Data Or Other Information Transmitted In Connection With Use Of The Site; And/Or Any Interruption Or Errors In The Operation Of The Site.
You agree to defend, indemnify and hold harmless Go4ethnic and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising out of or related to: (i) your use of and access to the Website , including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or wilful misconduct; or (vii) any other party's access and use of other appropriate security code.
This Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products or services which they provide.
- The Company views the protection of user's privacy as a very important community principle. The Company clearly understands that you and the personal information provided by you is one of the most important assets to the Company. The Company stores and processes the information provided by you in computers located in India that are protected by physical as well as reasonable technological security measures and procedures in compliance with the provisions of the Information Technology Act, 2000 and rules made thereunder.
18. Use of Communication Services
- Electronic Communication:When you visit and use the Website or send emails or other data, information to us, you are communicating with Go4Ethnic through electronic records. You consent to receive communications via electronic records from Go4Ethnic periodically and as and when required. Go4Ethnic will communicate with You by email or by notices on Website or electronic records on the Website or on Your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
- The Site may contain bulletin board services, chat areas, social media forums, communities, calendars, and/or other message or communication facilities designed to enable the communication between the buyers and the sellers (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. We have the right to reject or refuse to post any material you have provided, remove any material from the Website whether or not the material goes against any of these conditions, or restrict, suspend or stop your access to all or any part of the Website at any time.
- Go4Ethnic reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Go4Ethnic sole discretion.
- Go4Ethnic has no obligation to monitor the Communication Services. However, Go4Ethnic reserves the right to review materials posted to a Communication Service and the Website and to remove any materials in its sole discretion. Go4Ethnic reserves the right to terminate your access to any or all of theServices at any time without notice for any reason whatsoever.
- Materials uploaded to the Website and the related services may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
19. Governing Law and Jurisdiction
This User Agreement and all rules, policies and documents incorporated by reference shall be governed and construed in accordance with the laws of India and the Courts in Pune shall have exclusive jurisdiction to try any disputes or suit arising out of this Agreement.Feedback, Suggestions and Information
- Any feedback You provide to this Website shall be deemed to be non-confidential. Go4Ethnic shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Go4Ethnic is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Go4Ethnic may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Go4Ethnic for the feedback under any circumstances.
- To clarify, Go4Ethnic may at its discretion, make any modifications or changes to the Website, Content and / or Services on the basis of such feedback, however Go4Ethnic shall not be obliged to do so. Further, in the event that Go4Ethnic makes any such changes or modifications to the Website, Content and / or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Go4Ethnic, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the Website, Content and / or Services.
20. General Provisions
All Notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website's grievance officer at the following e-mail address - firstname.lastname@example.org
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Go4Ethnic without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
3. Relationship and Exclusivity
Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
4. Force Majeure
If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labour disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.
5. Notification Procedures and Changes to the Agreement
6. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Go4ethnic in connection with the Website, shall constitute the entire agreement between You and Go4ethnic. If any provision of this Agreement is deemed invalid by a Court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Go4ethnic failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any dispute arises between You and the Company during your use of Go4Ethnic or the Go4Ethnic authorised payment gateway facility or Go4Ethnic Services or any service incidental to the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and/or Go4Ethnic authorised payment gateway Agreement, or the rules, policies and documents incorporated therein by reference, the dispute shall be referred to a sole arbitrator who shall be an independentand neutral third party identified by the Company whose decision shall be final. The place of arbitration shall be Mumbai.The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.