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Elkraft shop ("Website and portal") is an online selling channel of Elkraft Health and Nutrition Pvt Ltd, having its office at Aurangabad, B-37/14, Five star MIDC shendra -431154
Your use / access of the Website and application, its related sites and hyperlinks, shall be governed by the terms and conditions, policies, rules of Elkraft ("Terms") posted on the Website and application from time to time. These Terms applies to all users (whether Registered user or Guest User) of the Website and portal
Please read the Terms and conditions very carefully before using the Website and application as your use of the Websi
te and portal is subject to your acceptance of and compliance with the Terms. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and any Rules and Policies of Reliance, please do not click on the " I Accept" button/check box and on the "Continue" button or "Pay Now" button and do not subscribe or seek to obtain access to or otherwise use the Website and application.
By subscribing to or using the website and portal or any of our services through the Website and portal you agree that you have read, understood and are bound by the Terms, Policies, directions of Reliance regardless of how you subscribe to or use the Website and application. This Agreement comes into effect upon your "Acceptance" of these terms and conditions ("Terms") however Reliance at its sole discretion reserves its right not to accept a user from registering on the Website and application without assigning any reason thereof.
DEFINITION
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, Disclaimer and will include the references to this Agreement as amended, novated, supplemented, varied or replaced from time to time.
"You"/ "User" shall mean the end user accessing the Website and portal, its contents and using the services offered through the Website and portal.
“Elkraft"/ "we"/ "us"/ "our" shall mean Elkraft Health and Nutrition Pvt Ltd or its affiliates, franchisees, service providers, successors and assigns "Site" means the online shopping platform owned and operated by Elkraft Health and Nutrition Pvt Ltd. ("Elkraft shop"), which provides a venue to the users of Elkraft shop to buy the Products listed on Site.
"Customer"/"Buyer" shall mean the person or any legal entity who access the Website and portal and places an order for and or purchases any products /services against the invitation of offer for sale of products / services on the Website and portal.
"Acceptance" shall mean your affirmative action in clicking on "check box"™ and on the "continue button as provided on the registration page or clicking on
"˜Pay Now" button while transacting as User or such other actions that implies your acceptance.
"Product" shall mean the Products offered for sale on the website and application from time to time
"Delivery" shall mean the physical delivery of goods under your order placed with us
"Price" means the price communicated at the time of order and confirmed by us
"Payment Facility" shall mean applicable mode of payments made available to User from time to time.
"Content" means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code collectively By impliedly or expressly accepting this User Agreement, Policies and Terms, You also accept and agree to be bound by Rules, Policies and Terms of Reliance as provided from time to time in its Website and application and corresponding hyperlinks.
PURCHASE
1)      Registration and Submission of personal details:
You can use the services offered by the Website and portal as a "Registered User". As part of the registration process on the Site, Elkraft shop may collect certain personally identifiable information about you including first and last name, email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
As a Registered User, you are responsible for maintaining the confidentiality of your user id and password. You are also responsible for maintaining the confidentiality of your email id and mobile number and for any unauthorized access to your mobile , tab, computer, computer system and computer network, and you are responsible for all activities that occur under your user id and password, email id and mobile number as the case may be. You agree to maintain and promptly update all data provided by you and to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms, we have the right to indefinitely suspend or terminate or block access of your user account with the Website and portal and refuse to provide you with access to the Website and portal.
We will collect personally identifiable information about you only as part of a voluntary registration process, on-line survey, or contest or any combination thereof.
2) User's Liability:
The User hereby affirms that the information provided by him / her is true, correct and complete to the best of his / her knowledge and belief. The User agrees and understands that he / she will be solely responsible in the event of any inaccuracy or deviation therefrom at a later stage.
You agree to comply with all applicable laws in connection with your use of the Website and portal, and such further limitations as may be set forth in any written or on-screen notice from us.
To register with & shop with Elkraft shop you must be eighteen years of age or over. Our website and portal is not directed to children under the age of 18. If we become aware that a child and/ or customer is under the age of 18 and has registered or using our Website and application, we are entitled to remove his or her account from our system and cancel any order placed by him or her.
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website and portal. Reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website and application is not permitted
You agree and undertake not to display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which you do not have any legal right
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner what so ever;
iii. harm minors in any way;
iv. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy;
v. violates any law for the time being in force;
vi. impersonate another person
vii. 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.
You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with Elkraft to purchase the products and /or services from Elkraft, and pay the transaction price to Elkraft using appropriate Payment Facility. You, as a Buyer, understand that the all payment facility may not be available in full or in part for certain category of products and for certain locations and hence you may not be entitled to use that Payment Facility in respect of the transactions for those products or locations.
4) Access to Website:
We will do our utmost to ensure that availability of the website and application will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website and portal may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
5) Permission to access website and Portal :
Elkraft grants you a limited, revocable permission to access and make personal use of this Website and application, but not to download or modify it, its Contents or any portion of it, except with express written consent of Reliance. This permission does not include any resale or commercial use of this website and application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website and application or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools
The use of the Website and application and its Content grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content. Including the content but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website and application are original to Reliance and are owned and controlled or licensed by us, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
Except as expressly provided in Terms of Use, no part of the Website and application and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website and application or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.
6) Applicability of Terms:
You will be subject to the policies, conditions and Terms of use in force at the time that you use the website and application or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you).
7) Communications:
When you place an order on our Website and application or send e-mails to us, you are communicating with us electronically so you must provide a valid mobile phone number / email address and your address while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Website and application or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mails or phone calls from us with respect to your order.
Your Obligations:
You shall
i. not acquire any ownership rights by downloading material /Contents from this website and application.
ii. read the Terms and policies of website and application and agree to accept the Terms before use of Website and application
iii. abide by the Terms and Policies of Website and application
iv. Neither copy or modify the Contents of the website and application nor use the Website and application for commercial purpose
v. purchase the product(s) from this Website and application for your internal / personal purpose and not for resale by you or any other person.
vi. comply with all applicable laws in connection with your use of the Website and application, and such further limitations as may be set forth in any written or on-screen notice from us.
vii. not refuse to accept the delivery of the Products under your order upon delivery except for damages and deficiencies
viii. authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website and application.
8) Products/Services:
All products/services and information displayed on Website and application constitute an "invitation to offer". Your order for purchase constitutes your "offer". All orders placed by you on the Website and application are subject to availability and acceptance by us and conditional on your acceptance and adherence to these terms and conditions.
9) Our Contract:
Your order is an offer to us to buy the product(s) in your order. We will confirm our acceptance of your offer either through an e-mail / SMS or through shipment of the items you requested. Upon placing an order, you will receive an e-mail confirming receipt of your order with details (the "Order Confirmation E-mail"). The Order Confirmation E-mail is an acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. Our acceptance to your offer takes place and the contract of sale for a product ordered by you concludes only upon actual dispatch of products to you and an e-mail confirmation in that regard is sent to you (the "Dispatch E-mail"). We, at our sole discretion, reserve our right to limit the quantity of items and cancel any order, even after acceptance.
Elkraft has complete right to accept or reject an order placed online. No act or omission of Elkraft prior to actual dispatch of the product(s) ordered will constitute an acceptance of your offer. You agree not to dispute the decision of Elkraft in this regard.
10) Delivery/Shipment of Product:
Delivery of the Products under your Order in the Website and application shall be made as per our Delivery/shipment policy mentioned herein. Title of the Product shall pass on to you upon receipt of payment.
11) Exactness / Accuracy of product:
We have made significant efforts to accurately display the colors / dimension / specification of products that appear on the Website and application. However, we do not warrant/guarantee that product description or other content of this Website and application is accurate, complete, reliable, current, or error-free. The particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors, dimension, specifications of products offered on this Website and application.
Copyright: All Content included on the website and application, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Elkraft.
12) Disclaimer:
You acknowledge and undertake that you are accessing the services on the Website and application and transacting at your own risk and are using your best and prudent judgment before placing any order or availing the services or entering into any transactions with us through our Website and application. We shall not be held liable nor responsible for any representations or warranties/guarantees of the products save and except the limited manufacturer's warranty/guarantee on the respective Product is assigned unto us and we hereby expressly disclaim and any all responsibility and liability in that regard.
13) Severability:
If any of these Terms is deemed invalid, void or unenforceable in whole or in part for any reasons, such invalidity or unenforceability condition or part thereof will be deemed severable and will not affect the validity and enforceability of any remaining condition or part of such condition / Terms
14) Amendments:
Elkraft reserves its right to amend the Website and application, Policies, Conditions or Terms of use and at any time without prior notice. All such updates and amendments shall be posted on the Website and application and will be effective from the time of its posting on the Website and application. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement, Terms and Policies.
15) Indemnification:
You agree to indemnify, defend and hold harmless us and affiliates including employees, directors, officers, agents and their successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us arising out of your actions or inactions or result from your breach of the Terms and Conditions herein or any document incorporated by reference/hyperlink or infringement of intellectual property rights or your violation of any law, rules or regulations or the rights of any third party.
You hereby expressly release Elkraft and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Manufacturers/Brand owners of the Products purchased through the website and application and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
This clause shall survive the expiry or termination of this Agreement.
16) Limitation on Liability:
In no event shall we or our affiliates be liable for any special, indirect, incidental, consequential or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and application, its services or this User Agreement whatsoever, whether in an action of contract, negligence or other tortious action.
Without prejudice to the generality of this section the total liability of Elkraft to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. However in case of missing a delivery in transit, our liability is limited only to delivery at a later agreed time at no additional charge.