PLEASE READ THE FOLLOWING USER AGREEMENT CAREFULLY
The following demonstrates User Agreement (hereinafter referred to as an "Agreement") between Consulting Private Limited (hereinafter referred to as “the Company”, “We” or “Us”), a company incorporated under Companies Act 2013, having its registered office at Aarey Milk Colony, Goregaon East, Mumbai 400065, Maharashtra, India and owning the platform called Ekimport available via websites https://Ekimport.com and/or https://www.Ekimport.com (hereinafter referred to as “the Website”) and the users of the Website (such users are hereinafter referred to as "You", "Your", "User", User(s) or "Users").
Before you subscribe to, sign up, join, create an account, browse, begin participating in or using Website, the Company believes that user (s) have fully read, understood and accepted this Agreement.
All the terms and conditions listed here for the B2B e-commerce are in accordance with the FDI policy of India.
If you do not agree to or wish to be bound by Agreement, you may not access to or otherwise use the website.
Your use of the website and services available on the website is governed by the following terms and conditions. This User Agreement for the website shall come into effect on January 1, 2018.
AMENDMENT TO USER (S) AGREEMENT
The Company may change, modify, amend, or update this agreement from time to time without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify, indicate and mean your acceptance of the changed terms.
User(s) means any individual or business entity/organization that legally operates in India or in other countries, uses and has the right to use the services provided by the Company. Our services are available only to those individuals or companies who can form legally binding contracts under the applicable law i.e. Indian Contract Act, 1872. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. The Company advises its users that while accessing the website, they must follow/abide by the related laws. The Company is not responsible for the possible consequences caused by your behavior during use of the website. The Company may, in its sole discretion, reserve the right to terminate your membership and refuse to provide you with access to the Website at any time.
We record buying and browsing activities of our Users including but not limited to your contact details and profiles and use the same to provide value-added services to our Users. If you are registering as a business entity, you represent that 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. Please note our website is also not a risk proof website.
When you use the Website or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Company through electronic records and You consent to receive communications via electronic records from the Company periodically and as and when required.
REGISTRATION AND YOUR ACCOUNT
To become a Registered User(s) there is a proper procedure which is for the convenience of User(s) so that they can easily log-in.
User(s) can become a Registered User(s) by filling an on-line registration form on the website by giving desired information (name, contact information, details of its business, etc.). The Company will establish an account ("Account") for the User(s) upon registration and assign a User alias ("User ID") and password ("Password") for log-in access to your Account. If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for maintaining the confidentiality of your personal and non-personal information and for restricting access to your computer, computer system and computer network, and you are responsible for all activities that occur under your User ID and Password , email id and cell number as the case may be.
If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or this Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to the Company during the registration process is true, accurate, current and complete.
By becoming a Registered User, you consent to the inclusion of your personal and non-personal data in our on-line database and authorize the Company to share such information with other User(s). The Company may refuse registration and deny the membership and associated User ID and Password to any User for whatever reason. Website may suspend or terminate a registered membership at any time without any prior notification in interest of the Company or general interest of its visitors/other members without giving any reason thereof.
Despite Your organization’s contact number(s) are on Do Not Call Registry, You consent to be contacted by the Company through phone calls, SMS notifications or any other means of communication, in respect to the services provided by the Company.
You agree, inter alia, to: 1. Provide true, accurate, current and complete information about yourself as prompted by the Company's registration form or provided by You 2. Maintain and promptly update the personal and non-personal Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
USE OF THE WEBSITE
You understand and agree that the Company and the Website merely provide hosting services to its Registered Users and persons browsing/visiting the Website
You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that belongs to another person and to which You do not have any right to:
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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.
Harm minors in any way: Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items. of third parties that it feels may be of interest to the User or if the User has shown interest in the same.
Violates any law for the time being in force: Deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Impersonate another person or entity:
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, or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
Shall not be false, inaccurate or misleading: 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.
Shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
Shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Goods and Services Tax, Sales Tax/ VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force. In particular you shall ensure that if any of your items listed on the Website qualifies as an "Antiquity" or "Art treasure" as defined in the Act ("Artwork"), you shall indicate that such Artwork is "non-exportable" and sold subject to the provisions of the Arts and Antiquities Act.
From time to time, you shall be responsible for providing information relating to the items or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner.
The BUYER and / or User of the Website shall keep the Company indemnified against freight, and other charges including duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments plus disputes and actions with their Consignees if any related to quality, quantity and condition. The BUYER and / or User shall keep the Company indemnified from any sequential liability due to the product related issue or due to the delay in delivery of the product.
The BUYER and / or User shall keep the Company indemnified against all duties, taxes, octroi, cess, clearance charges and any other charge/levy by whatsoever name called, levied on shipments and shall keep the Company indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory of the like) on account of any act/omissions on its part.
The BUYER and / or User will be solely responsible to comply with all statutory requirements (State, Central Laws/Statutes, Tax Laws and Local Laws) applicable in relation to booking, sale and transportation of the shipments carried and delivered by the Company in pursuance of this agreement.
The BUYER and / or User shall keep the Company indemnified against any loss, damage, costs, expenses arising out of any action or proceedings initiated by any authority (judicial or regulatory or the like) on account of any act/omissions on its part.