PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE www.ecomexpress.in (“Website”) AND ANY PAGES THEREOF, YOU THE USER (“You”) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW AND/OR ANY SUCH TERMS AND CONDITIONS AS ARE COMMUNICATED ON THE PAGES THEREOF. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW AND/OR ANY SUCH TERMS AND CONDITIONS AS ARE COMMUNICATED ON THE PAGES THEREOF, DO NOT ACCESS THIS WEBSITE, OR ANY PAGES THEREOF
- This Website is exclusively being used, owned and managed by Ecom Express Private Limited (“Ecom Express” or “we” or “us”);
- This Disclaimer shall govern your use of our Website; and
3. Intellectual Property and other Ownership Rights:
Ecom Express is the logo and service mark of Ecom Express Private Limited and the said logo is duly registered. All other trademarks, company names or logos, and product names referred to in this Website remain the property of their respective owners. Subject to the express provisions of this Disclaimer:
- We, together with our licensors, own and control all the copyright and other intellectual property rights on our Website including any information, content, materials, products (including, but not limited to text, content, photographs, graphics, video and audio content) and any other material, contents or information, posted, stated or displayed on our Website;
- You, acknowledge that the software and hardware underlying the Website as well as other Internet related software which are required for accessing the Website are the legal property of the respective Vendors/Ecom Express. The permission given by Ecom Express to access the Website will not convey any proprietary or ownership rights in the above software / hardware. You agree that you shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software / hardware underlying the Website or create any derivative product based on the software / hardware.
- all the copyright and other intellectual property rights in our Website and the material content or information referred above displayed or posted thereon are reserved
4. Use and Prohibitions:
- Acceptable Use:
- You may view pages from our Website in a web browser subject to other provisions of this Disclaimer. You may only use our Website for your own personal and non-commercial use and you must not use our Website for any other purpose.
- Except as expressly permitted by Clause 4 (i)(a) or other provisions of this Disclaimer, you must not download any material from our Website or save any such material to your computer.
- Prohibitions: Unless you own or control the relevant rights in the material, you must not:
- copy, reproduce, sell, redistribute, publish, enter into a database, display, perform, modify, transmit, license, create derivatives from, transfer or in any way exploit any part of any information, content, materials, services available from or through the Website, except that which you may download for your own personal, non-commercial use;
- use the Website for any purpose that is unlawful, prohibited, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity or which could damage, disable or impair the Website or interfere with any other party's use or enjoyment of the Website;
- use the Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
- conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent; and
- You must ensure that all the information you supply to us through our Website, or in relation to our Website, is true, accurate, current, complete and non-misleading
- We reserve the right to restrict access to areas of our Website or in whole, at our sole discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.
5. Links to other Websites:
6. No Warranty:
- The information and materials contained in this Website, including text, graphics, links or other items are provided "as is", "as available". Ecom Express does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information and materials; and
- Ecom Express shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of Ecom Express to perform any of its obligations or if performance is prevented, hindered or delayed or for any loss or damage arising out of factors beyond reasonable control or Force Majeure event (defined below)
“Force Majeure Event” means any event due to any cause beyond the reasonable control of Ecom Express, including without limitations, unavailability of any communication systems, breach, or virus in the processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
7. Limitation of Liability:
In no event will Ecom Express be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Ecom Express, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
8. Additional Terms
Certain sections or pages on this site may contain separate terms and conditions, which are in addition to and not in derogation of these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
- We may revise this Disclaimer from time to time without any obligation to provide you with any advance notice in connection with the same; and
- The revised Disclaimer shall apply to the use of our Website from the time of publication of the revised disclaimer on the Website.
10. Website feedback, user comments and user generated content
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Ecom Express or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain the property of Ecom Express;
- Such disclosure, submission or offer of any Comments shall constitute an assignment to Ecom Express of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. We shall be deemed to own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments;
- We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit without compensating you in any way;
- Ecom Express shall be under no obligation (1) to maintain any Comments in confidence; or (2) to respond to any Comments.
- You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity;
- You further agree that no Comments submitted by you to the Website will 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';
- Ecom Express does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website; and
- You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Ecom Express, its Directors, employees, officers and its affiliates for all claims resulting from any Comments you submit. Ecom Express and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect; and
- If any unlawful and/or unenforceable provision of this Disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12. Law and jurisdiction
- This Disclaimer shall be governed by and construed in accordance with laws of India; and
- Any disputes relating to this Disclaimer shall be subject to the exclusive jurisdiction of the Courts of New Delhi.