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Introduction
We, the proprietors of eCosway Website have established the terms set forth herein
("Terms of Use") as standard terms to regulate all visitors to our
eCosway Website including, without limitation our Business Owners. By reading
these Terms of Use and agreeing to be bound by them before using the eCosway
Website you will know what to expect from us and what we expect from you as your
use and your continuing use of the eCosway Website will be regulated by the terms
herein. By logging on to any eCosway Website, you hereby agree to accept and
be legally bound and to abide by these Terms of Use. We hereby reserve the right
to amend, vary, add, or remove portions of these Terms of Use from time to time
at our sole discretion. If you do not agree to abide by these Terms of Use, as
they currently exist or as amended, please do not proceed to use the site and
immediately cease all further activities using the site. You can always view
the most current version (as amended from time to time) of these Terms of Use
at this page. In addition, when using certain particular eCosway services, you
may be subject to other posted guidelines and additional terms and conditions
applicable to such services. All such guidelines and additional terms and conditions
are hereby incorporated by reference into these Terms of Use. Please check these
Terms of Use periodically for changes. Your continued access or use of the eCosway
Website following the posting of changes to these Terms of Use shall be deemed
as your acceptance to those changes.
If you are an eCosway Business Owner, you have additional terms and conditions
as set forth in the Business Owner Agreement, whichever is applicable to you.
Intended Audience
The eCosway Website is published by eCosway as a service to eCosway Business
Owners, their Shoppers, and other permitted visitors to the site. The site
is a business and commercial site to aide business owners under the business
owner support system. Using the site constitutes a legal contractual relationship
between the user and eCosway and is therefore not intended for any person or
entity who is either under the age of majority or has no legal capacity in
their respective countries to independently enter into a contract. eCosway
makes no claims that the content and information posted on its site is appropriate
or permissible or may be legally downloaded in the country in which you reside.
Access to the materials on eCosway Website may not be permitted in certain
countries. You are solely responsible for the compliance with the laws in your
country of residence before using the site.
Trademarks
eCosway does not allow the use, for any purpose (save and except where expressly
permitted) of its trade names, trademarks, service names, service marks, product
names, product marks, URLs, website addresses, logos, designs or symbols by
any person, including eCosway Business Owners or their Shoppers, without its
prior written permission. This prohibition does not apply to Business Owners
using eCosway's official material according to eCosway's official guidelines.
You are not allowed to record or produce for the purpose of sale or distribution
of any eCosway events or speeches without written permission from eCosway,
nor shall you copy, edit or reproduce for sale or for personal use any recording,
audio or video tape presentations produced or provided by eCosway.
Disclaimer of Warranties
Business Owners, their Shoppers and visitors to the eCosway Website and other
third party websites linked to its site shall visit or use these sites solely
at their own risk. eCosway does not warrant that the service provided will
be accessible at all times, uninterrupted or error-free. There may be delays,
omissions, interruptions and inaccuracies in the contents, dissemination of
news, information and other materials. eCosway shall not be responsible for
either the availability or the contents of other third party websites that
may be linked to it.
eCosway assumes no responsibility for the deletion of stored email messages.
Although eCosway will take reasonable steps to prevent the introduction of
viruses and other destructive elements to its Website, it does not guarantee
or warrant that its site is free from any destructive elements including but
not limited to computer viruses, hackers, or other technical sabotage. eCosway
also does not warrant that any contents downloaded from its site and other
third party sites linked to it will be error-free.
The Company shall not be responsible or liable for any damage that may be caused
to your computer attributable to such download from its site or third party
sites linked to it.
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
THE INFORMATION, MATERIALS AND SERVICES CONTAINED IN ALL eCOSWAY SITES, INCLUDING
BUT NOT LIMITED TO GRAPHICS, LINKS AND OTHER ITEMS, ARE BEING PROVIDED TO YOU
ON THE BASIS OF "AS IS AND WHERE IS" AND "AS AVAILABLE," WITHOUT
ANY WARRANTY OR GUARANTEE. eCOSWAY DOES NOT WARRANT OR GUARANTEE THE ACCURACY,
ADEQUACY, OR COMPLETENESS OF THE INFORMATION OR MATERIALS, AND EXPRESSLY DISCLAIMS
LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION AND MATERIALS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, eCOSWAY DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY,
AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
IN NO EVENT SHALL eCOSWAY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION
DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, COMPENSATORY, EXEMPLARY, OR CONSEQUENTIAL
DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION LOST OR MISDIRECTED
ORDERS, LOST PROFITS, LOST REGISTRATION, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS
OR OTHER DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY ARISING OUT
OF OR IN CONNECTION WITH (1) USE OF THE COMPANY'S SITES, OR THE INABILITY TO
USE SUCH SITES BY ANY PARTY; OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPPTION, DEFECT, DELAYED OPERATION OR TRANSMISSION; OR (3) LINE OR SYSTEM
FAILURE OR THE INTRODUCTION OF A VIRUS, OR OTHER TECHNICAL SABOTAGE, EVEN IF
eCOSWAY, ITS EMPLOYEES OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY
OR LIKELIHOOD OF SUCH DAMAGES, LOSSES OR EXPENSES.
Business Owners and their Shoppers hereby acknowledge that the aforesaid disclaimer
shall apply to all web content, merchandise and services available at eCosway
Shopping Mall.
Where certain jurisdictions do not allow the exclusion or limitation of such
liability, the liability, if any, in such jurisdictions shall be limited to
the extent permitted by law.
Public Postings
Public postings are subject to review, modification and deletion by eCosway
without prior notice. Although eCosway reserves the right to block or delete
public postings and/or unsolicited emails that otherwise violate this Agreement,
it is not eCosway's obligation or responsibility to do so.
Links to Other Sites
eCosway's Website may contain links to numerous other sites, including but
not limited to Supplier sites and sites providing other merchandise, which
are owned and operated by third parties. A link to a non-eCosway Website does
not mean that eCosway endorses or accepts any responsibility for the contents,
its use or the products and services made available through such sites. By
utilizing such links, if any, you acknowledge and agree that eCosway shall
not be responsible or liable in any way whatsoever for the actions, content,
access, privacy policies, opinions expressed, representations given, services
provided, merchandise offered for sale or other links provided at such sites.
You hereby expressly waive any rights that you may have as provided by the
laws of your country of residence against eCosway for its liability caused
either directly or indirectly, for any damages, or losses caused or alleged
to have been caused by the use of or reliance on the actions, content, accuracy,
privacy policy, opinions or representations expressed, products, or services
provided through such links or made available through these resources. Should
you have questions regarding such sites, you should address them directly to
the site administrator of such particular websites.
Proprietary Rights
You acknowledge that the eCosway Websites contain information, data, photographs,
graphs, software, videos, text, typefaces, graphics, designs, music, sound,
and other material (collectively "Intellectual Property") that are
protected by copyrights, patents, trademarks, trade secrets, or other proprietary
rights and that these rights are valid and protected in all forms, technologies
existing now or hereafter developed.
The eCosway Website and any portion therein that has Intellectual Contents
is copyrighted as a collective work under the law of United States of America
(U.S.A.) and other international copyright laws. The Company owns the copyright
to the selection, coordination, arrangement and enhancement of such Intellectual
Content. The eCosway name and logos are trademarks of eCosway. All other trademarks
appearing at eCosway sites not belonging to eCosway are the trademarks of their
respective owners.
You shall not modify, remove, delete, augment, add to, publish, transmit, participate
in transfer or sale of, create derivative works from, distribute, perform,
display, or in any way exploit any of the Intellectual Content or the sites,
in whole or in part.
If no specific restrictions are displayed, you are granted permission, to the
extent necessary in order to lawfully access and use the sites, to display,
download, archive, and to print in hard copy, portions of the sites for your
personal use only, provided you do not modify the materials and that you retain
all copyright and other proprietary notices contained in the materials.
You cannot, without eCosway's prior written permission, remove or mirror any
material contained on any eCosway Website on any other server. You agree that
you will not copy, disassemble, de-compile, or otherwise reverse engineer any
part of the eCosway Website or otherwise attempt to obtain or learn the source
code, structure, algorithms, or ideas underlying such sites, or to take any
action contrary to these Terms of Use.
The Company's Rights
The Company cannot and does not screen the contents of Business Owners' web
sites and does not assume any obligation to do so. However, each Business Owner
hereby agrees that the Company may monitor his or her web site and its contents
periodically.
The Company reserves the right, at its sole and absolute discretion, to deactivate,
without notice and without refund of any fees paid by any Business Owner who
violates the Business Owner Agreement or any unlawful use of his or her websites.
The Company has the right to electronically monitor Business Owners' websites
linked with eCosway. The Company may disclose any of the content, records,
or electronic communication contained in the sites where necessary, (i) to
satisfy any law, regulation, or official request from any government authorities;
(ii) if such disclosure is reasonable or appropriate to operate this web site;
or (iii) to protect the rights and property of the Company, its Users, Sponsors,
Providers, Licensors or Merchants.
The Company is not responsible for screening, policing, editing, or monitoring
of the content of Business Owners' websites. However the Company may investigate
allegations of copyright infringement, defamatory, damaging, illegal or offensive
content or materials of Business Owners' websites and determine at its sole
discretion to remove or request the removal of such content from the Business
Owners' websites.
The Company reserves the right to prohibit, edit or remove content that it
deems to be harmful to other individuals or entities.
Online Conduct
You acknowledge that all contents, whether publicly posted or privately transmitted,
is the sole responsibility of the person from whom such contents originated.
This means that you are entirely responsible for all contents that you post,
email or otherwise transmit via the eCosway service. eCosway does not control
any of the content posted via the eCosway service and, as such, does not guarantee
or warrant the accuracy, integrity or quality of such contents. You understand
that by using the eCosway service, you may be exposed to contents that are
offensive, indecent, or objectionable. Under no circumstances will eCosway
be liable in any way for any content, including but not limited to, any errors
or omissions in any content, or for any loss or damage of any kind incurred
as a result of the use of any content posted, emailed or otherwise transmitted
via the eCosway service.
Any conduct by Business Owners that, in the Company's opinion, restricts or
inhibits other Business Owners and their Shoppers from using or enjoying eCosway
facilities will strictly be prohibited. Business Owners and their Shoppers
agree to use eCosway facilities only for lawful purposes. Business Owners and
their Shoppers are prohibited from posting on or transmitting through the eCosway
services any unlawful, threatening, abusive, harassing, defamatory, vulgar,
obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise
objectionable material, including but not limited to, any material that encourages
conduct that would be of a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, provincial, territorial, national,
or international law.
You agree that you will not use the eCosway services to:
-
upload,
post, email or otherwise transmit any content
that is unlawful, harmful, threatening, abusive,
harassing,
tortuous, defamatory, vulgar,
obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically, or otherwise objectionable;
- harm any minor in any way;
- impersonate any person or entity or falsely
state or otherwise misrepresent your affiliation
with a person or entity;
- forge headers or otherwise manipulate identifiers
in order to disguise the origin of any content
transmitted through the service;
- upload, post, email or otherwise transmit any
content that you do not have a right to transmit
under any law or under contractual or fiduciary
relationships (such as inside information, proprietary
and confidential information learned or disclosed
as part of employment relationships or under nondisclosure
agreements);
- upload, post, email or otherwise transmit any
content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights of
any party;
- upload, post, email or otherwise transmit any
material that contains software viruses, or any
other computer code, files or programs designed
to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
equipment;
- interfere with or disrupt the eCosway services
or servers or networks connected to the eCosway
services, or disobey any requirements, procedures,
policies or regulations of networks connected to
the eCosway services;
- intentionally or unintentionally violate any
applicable local, state, provincial, territorial,
national or international law, or any regulations
having the force of law; or
- collect or store personal data about other users,
Business Owners or Registered Shoppers.
Advertising & Anti-Spam
Policy
eCosway shall immediately terminate your Business Owner Agreement and bar your
access to eCosway Website if it suspects that you have carried out or are otherwise
connected with any spamming or have been transmitting unsolicited bulk emails.
You hereby acknowledge that you have viewed and agreed to abide by eCosway's
Advertising & Anti-Spam Policy which is incorporated by reference into and
made a part of these Terms of Use.
Indemnity
You agree to indemnify eCosway, its directors, officers, employees and agents
and keep them fully indemnified and hold them harmless against any loss suffered
or liability incurred by eCosway as a result of your unauthorized representations
or actions in breach of these Terms of Use. If you are a Business Owner, this
provision shall survive the termination of the Business Owner Agreement. Business
Owners further agree to indemnify eCosway from any and all liabilities, claims
whether pecuniary or non-pecuniary, expenses and damages (including attorneys
fees and costs) arising out of the use of, or in connection with use of an eCosway
website or any official eCosway material; including without limitation, any claim
of libel, defamation, violation of rights of privacy or publicity, loss of service
by other Business Owners and infringement of intellectual property or other proprietary
rights.
Applicable Laws
These Terms of Use shall be governed by and construed in accordance with the
laws of India, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to
these Terms of Use shall be filed only in the national, federal or state courts
located in India, and you hereby submit to the jurisdiction of such courts
for the purposes of litigating such an action.
Provisions Severable
If any provision of these Terms of Use shall be unlawful, void, or for any
reason unenforceable, then that provision shall be deemed severable from these
Terms of Use and shall not affect the validity and enforceability of any remaining
provisions. These Terms of Use, together with your Business Owner Agreement
shall not be modified by you except with the consent of eCosway stated in writing
and signed by both parties.
Notices
Any notice given by either party must be in writing and will be deemed duly
served if delivered by email notification to the Business Owner's official
email address as allocated by the Company or provided by the Business Owner.
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