https://nd.etrading.co.in
Gala No. 8-A, Bldg No H-4, Survey No-15, Mumbai Nashik Highway, Sonale Village Tal: Bhiwandi- 16 (Thane Z5),Maharashtra 421302 Mumbai IN
ELIAN
Gala No. 8-A, Bldg No H-4, Survey No-15, Mumbai Nashik Highway, Sonale Village Tal: Bhiwandi- 16 (Thane Z5),Maharashtra Mumbai, IN
+919619600156 https://cdn1.storehippo.com/s/5d77227795ee803618503e5b/ms.substores/5d835722c1b00444f808e3fd/webp/5e9d919fb9e22d38040051a9-480x480.jpg" info@etcpl.in

Terms & condition

TERMS AND CONDITIONS

 

The following are the Terms and Conditions, read together with the Privacy Policy, that govern your purchase and use of the products and services (the "Products") from ELIAN TRADING COMPANY PRIVATE LIMITED, and constitute a legally binding agreement, between you ("the Customer", the "User" or "the Caregiver") and ELIAN TRADING COMPANY PRIVATE LIMITED. The Terms and Conditions and policies about Privacy, Fees, Payments, Promotions, Delivery, Returns and Refund together shall form the entire Terms and Conditions.

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic 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.

 

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Privacy Policy and Terms of Use for access or usage of info@etcpl.in website.

 

The domain name info@etcpl.in (hereinafter referred to as "Website") is owned by ELIAN TRADING COMPANY PRIVATE LIMITED Private Limited, a Company incorporated under the Companies Act, 1956 with its Registered Office situated at Prospect Chambers, 3rd Floor D N Road, Fort, Mumbai-400001, Maharashtra, India(hereinafter referred to as "The Company").

 

For the purpose of this Privacy Policy, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer or visitor on the Website by providing Registration Data while registering on the Website as Registered User using the Electronic systems. The Company allows the User to view & surf on the Website for making purchases exclusively with providing valid registration details on the Website. The term "We", "Us", "Our" shall mean “The Company”.

 

When you use any of the services or purchase the products provided by Us through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services or products and it shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use which shall be agreed and consented and thereby be binding by you. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of services & products will mean that You accept and agree to the revisions/amendments therein. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

 

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES AND INTENDS THAT YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS HEREUNDER, SO PLEASE READ THE TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING. 

 

By impliedly or expressly accepting these terms and conditions, You also accept and agree to be bound by The Company Policies (including but not limited to Privacy Policy available on the website) as amended from time to time.

 

  1. CREATING AN ACCOUNT AND ITS OBLIGATIONS:

 

  • To use certain features of the Website/App (e.g., ordering Products, posting rating/reviews, receiving e-newsletters), you must set up an account with ELIAN TRADING COMPANY PRIVATE LIMITED and provide certain information about yourself as prompted by the Customer Information form, including, your name, gender, email address, account password, mobile phone number and billing/shipping address. All of your registration information is protected by our Privacy Policy.
  • You represent and warrant that the information you submit during registration is truthful and accurate and that you will maintain the accuracy of such information.
  • Your username and password are personal to you. You may not transfer your account and you will be responsible for the activities associated with your account.
  • ELIAN TRADING COMPANY PRIVATE LIMITED will not be liable for any loss or damages as a result of your failure to maintain the confidentiality of your account credentials. If you suspect any unauthorized use of your account, you shall immediately notify us.
  • It is your responsibility to keep your email address up-to-date on your account setup at our website/app so that we can communicate with you electronically.
  • By creating this account you agree to receive communications from us via email, telephone, SMS and chat. If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by email.

 

  1. MEMBERSHIP/USAGE/ELIGIBILITY:

 

The membership/usage of the Website/App is restricted to those above 18 years of age, or to such group that can be termed to have attained 'majority' under the laws of the respective jurisdictions where this Website/App can be seen and is accessible or to emancipated minors, who possess legal parental or guardian consent, or are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

 

The Company hereby declares that it reserves exclusive rights for the information provided by you which shall be used by us at our sole discretion.

 

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, and those who do not possess required educational qualification as mentioned hereinabove and do not fulfill the criteria norms are not eligible to use the Website.

 

The Company exclusively reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to The Company's notice or if it is discovered that you are incompetent to contract or do not possess specific qualification or criteria norms as be required therein.

 

The decision of the Company for any membership eligibility shall be final and binding upon You and You hereby declare and agree to the decision of the Company therein.  

 

  1. APPLICABLE LAW:

 

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.

 

  1. E-PLATFORM FOR TRANSACTION AND COMMUNICATION:

 

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that ELIAN TRADING COMPANY PRIVATE LIMITED is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on (Website Name).

 

Henceforward:

All commercial/contractual terms are offered by and agreed to between User and Us shall subject to the commercial/contractual terms being provided by Our seller to Us. The commercial/contractual terms include without limitation, price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services.

  

The Company declares that any representation or warranties as to specifics (such as quality, value, saleability etc.) of the products or services proposed to be sold or offered to be sold or purchased by you on the Website shall provide by Us subject to such representation or warranties is being provided by Our Seller / Principal Companies.

 

The Company does not implicitly or explicitly influence you for the sale or purchase of any products or services on the Website. The products or services being purchased by You would dependent on your best knowledge and judgment for which the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

The Company is not responsible for any non-performance of products or services but the Company would provide support to resolve the same. The Company cannot and does not guarantee/warrants that concerned products or services being offered or purchased or ordered by you will perform up to your expectations. We state hereby that it would suffice your purpose subject to you using the products correctly for the intended use being offered or purchase or ordered. Further, the Company shall not be bound under any circumstances to fulfil your expectations for the products and services or shall not be bound to by your incorrect use of the products and services being offered or purchased or ordered by You from the website. Further, You shall not be entitled to any refund or replacement of the products or services but The Company shall mediate or resolve any disagreement and would facilitate to resolve the arising dispute or disagreement amicably.

 

THE COMPANY SHALL UNDER NO CIRCUMSTANCES SHALL BE HELD RESONSIBLE AND LIABLE TO INDEMIFY OR COMPENSATE TO YOU OR ANY THIRD PARTIES FOR ANY LOSS OR DAMAGES ARISING THEREOF RESUTING FROM THE USE OR ADVERSE EFFECT OR DAMAGES OR LOSSES OR ANY OTHER REASON THEREOF PROVIDED WHICH MAY ARSIE FROM THE PRODUCTS OR SERVICES PURCHASED OR ORDERED FROM THE WEBISTE.

 

The Company does not make any representation or warranty as to the products or services, or both (such as legal title, creditworthiness, identity, etc.) of any of its Users. You are advised to independently verify the bona fide seller and / or products for the products or services being offered/ purchase that you choose to deal with on the Website and use Your best judgment in that behalf, in case You find any products or services are not bonafide then it is Your responsibility to intimate to the Company for the interest in rem for other buyers.


The Company is not responsible for unsatisfactory or delayed performance of products or services or damages or delays or to indemnify any losses arising thereof as a result of products or services which are out of stock, unavailable, back ordered, bad quality, manufacturing defects, quality of products, unsatisfactory products etc.  

 

We fully presume that You shall independently agree upon your best judgment and the manner and terms and conditions of delivery, payment, insurance etc. for the products and services that are purchased / ordered by You transact therein on the website.

 

Disclaimer: Pricing on any product(s) that is reflected on the Website may be incorrectly reflected which may be due to some technical issue, typographical error, miscommunication, product information published by Us or Principal Company and in such an event the Company may cancel such your order(s) and in no case the Company shall be held liable and responsible to make the good to You or any other beneficial person thereat.

 

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 all claims that you may have in this behalf under any applicable law.

 

Notwithstanding its reasonable efforts in that behalf, The Company cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive, misleading, untrue, false. Please use caution and practice safe trading when using the Website. You will be responsible for it and the Company shall at no time be responsible and liable.

 

  1. PRICE AND PAYMENT:

 

Membership on the Website is free for buyers/users. The Company does not charge any fee for browsing and buying on the Website. The Company reserves the right to change its Fee Policy from time to time subject to the Buyers/Users meeting the membership eligibility as mentioned in this Terms & conditions mentioned herein above.

 

The Company exclusively reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. In particular, the Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website.

 

Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to the Company in its name.

 

While availing any of the payment methods available on the App/Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

 

  1. Lack of authorization for any transaction(s), or
  2. Exceeding the present limit mutually agreed by you and between ‘Bank(s)’, or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason(s).
  5. Lack of connectivity which may lead the transaction to be incomplete
  6. Any sever error by whatsoever reason

 

Note: - Unless otherwise specifically provided therein stated, all fees shall be quoted in Indian Rupees.

 

All our product prices include all applicable statutory taxes.

 

Before shipping / delivering your order to you, Seller may request you to provide supporting documents including but not limited to Govt. issued ID and address proof or any other requisite qualification as may be prescribe by the seller or the product, to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users and to maintain the product integrity which the time of final use of the product.

 

Delivery times may vary depending on the delivery location as well as the type of product you order.

 

You can make the payment via any one of the following methods of payment: Credit/Debit Card, Net Banking or Cash on Delivery. Credit/Debit Card and Net Banking Payments are processed via our online payment service partners.

Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are committed as per the best industry norms and any mode of payment be opt by the Buyer as provided therein on the website for the completion of the Transaction. In case if Buyer does not make the payment then the Company shall not be liable and responsible for non-delivery, non-receipt, damage, breach of representations and warranties, non-provision of after sales or warranty services as regards to the products and /or services listed on the Company's Website.

You have specifically authorized The Company or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with The Company is on a principal to principal basis and by accepting this Terms and Conditions you agree that The Company is an independent party (i.e. Seller) for all purposes, and does not have control of or liability for the products or services that are listed on The Company's Website that are paid for by using the Payment Facility.

You understand, accept and agree that the payment facility provided by The Company is neither a banking nor financial service but is merely a facilitator platform provider providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Company Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, The Company is neither acting as trustees or agent for any seller or third party nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

 

The Company will endeavor to give fair notification of any changes in the fee structure.

 

  1. PAYMENT FACILITY FOR BUYERS;

 

  • You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.

 

  • You, as a Buyer, agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

 

  • You, as a Buyer, shall electronically notify Payment Facility using the appropriate The Company Website features immediately upon delivery or non-delivery within the time period as provided to You. Non notification by You of Delivery or non-delivery within the time period specified therein shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.

 

  • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided herein, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.

 

  • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned therein and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services

 

  • Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

 

  • For Cash On Delivery transactions, refunds, if any, will be made only via direct bank transfer (NEFT/RTGS) in favour of the Buyer (As per registration details provided by the Buyer)

 

  • Refunds will never be made in cash, cheque or demand draft.

 

  • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

 

  • For electronic payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

 

  • Refund shall be conditional and shall be with recourse available to the Company in case of any misuse by Buyer.

 

  • Refund shall be subject to Buyer complying with the instructions issued by the Company thereat.

 

  • The Company reserves the right to impose limits on the number of Transactions or Transaction Price which the Company may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and other such infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility, authorized by Reserve Bank of India to provide enabling support facility, for collection and remittance of payment or by an individual Buyer during any time period.

 

  • The Company reserves exclusive right to refuse to process Transactions exceeding such limit as deem fit.

 

  • The Company reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with The Company or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

  • The Company may do such checks / verification as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of The Company. As a result of such check /verification if the Company is not satisfied or finds the information / details provided is false, misleading with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

 

  • The Company may delay dispatches and payment confirmation, if The Company deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, The Company may hold Transaction Price and The Company may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

 

  • The Buyer acknowledges that The Company will not be liable for any damages, interests or claims, compensation etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of The Company.

 

  1. USE OF INFORMATION ON THE WEBSITE/APP:

 

ELIAN TRADING COMPANY PRIVATE LIMITED does not endorse any views or opinions that may be included in the Website/App Content, or other information provided through our Services. Your submission of questions or reviews on our Products does not constitute a professional relationship between you and ELIAN TRADING COMPANY PRIVATE LIMITED.

 

  1. THIRD PARTY INFORMATION:

 

The content on the Website/App which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is our content (hereinafter referred to as ‘Content’). The Website/App may contain links to content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of that content. In the event, if any of the Third Party Content infringes any Intellectual Property of any person, the Third Party shall be solely responsible for any loss caused and we shall not be liable. You may send as an email at info@etcpl.in to report any such content.

 

Other than that when expressly allowed, any use of our Content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.

 

  1. USER OBLIGATION:

 

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

 

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:

 

  • 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; 

 

  • is misleading in any way;

 

  • is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

  • harasses or advocates harassment of another person;

 

  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

 

  • promotes or instigates illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

 

  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

 

  • promotes an illegal or unauthorized copy of another person's or organization copyrighted work 

 

  • Contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

 

  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

 

  • provides instructional information about illegal activities such as making or buying illegal products, violating someone's privacy, or providing or creating awareness of products not being displayed on the website;

 

  • tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

 

  • engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, The Company's prior written consent means a communication coming from The Company's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

 

  • interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

 

  • refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

 

  • harm anyone 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 products;

 

  • 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 product or service or person;

 

  • 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 offence or prevents investigation of any offence 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 internet service provider ("ISPs") or other suppliers;

 

  1. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.

 

  1. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

 

  1. You shall not 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 Website, or any other user, buyer , seller including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.

 

  1. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms the Company, and its associated, subsidiary companies or otherwise engage in any conduct or action that might tarnish the image or reputation, of The Company or its seller on platform or otherwise tarnish or dilute any the Company's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

 

  1. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the Company's systems or networks, or any systems or networks connected to The Company.

 

  1. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

 

  1. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

 

  1. You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms and conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Company and / or others.

 

  1. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder 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 Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

  1. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to provide Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers and/ users) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with this Terms and Conditions and Privacy Policy applicable to use of the Website.

 

  1. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website or any other e-medium. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 12-hour period which We deems appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request for which the Company shall be held liable and responsible. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

We reserve the right, but have no obligation, to monitor the materials posted on the Website. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect The Company views. In no event shall The Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.

  

  1. It is possible those other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

 

  1. The Company shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services) or by any other means being adopted, by whatsoever methods which leads us to difficulty from carrying oyt the business transaction.

 

  1. CONTENTS POSTED ON SITE:

 

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos and artwork (collectively, "Content"), are third party user generated content and the Company has no control over such third party user generated/provided content as the Company is merely an intermediary for the purposes of this Terms of Use.

 

Except as expressly provided herein, no part of the Website 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 or other medium for publication or distribution or for any commercial enterprise, without the Company's express prior written consent.

 

You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

 

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content").

 

Such Content will become our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and as per management discretion therein, and You are not entitled to any payment or other compensation for such use.

 

  1. PRIVACY POLICY:

 

We view to protect Your privacy as a very important principle. We understand clearly that You and Your Personal Information are one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. The Company endeavors to ensure complete security and safety of your data on its servers and website. However, in case there is any breach in security measures, You shall not held the Company liable, as you have agreed to have your data stored with us. Our current Privacy Policy is available on website. If You object to Your Information being transferred or used in this way please do not use Website.

 

We and our affiliates will share / sell / transfer / license / covey some or all of your personal information with another business entity should we (or our assets) plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you provide your information to us, you provide such information to us and our affiliate and we and our affiliate may use such information to provide you various services with respect to your transaction whether such transaction are conducted on info@etcpl.in or with third party merchant's or third party merchant's website.

 

  1. DISCLAIMER OF WARRANTIES AND LIABILITY:

 

This Website contains all the materials and products (including but not limited to software) and services, included on or otherwise made available to You and are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, The Company does not warrant that:

 

  • This Website will be constantly available, or available at all; or
  • The information on this Website is complete, true, accurate or non-misleading.

 

The Company will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. The Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

 

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You.

 

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS, however the Company shall at times will communicate to you through its channels available of any promotions / sales etc. You may opt out at you discretion any of this services on your need basis, if any

 

  1. COMPLIANCE WITH LAWS:

Buyer and the Company shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the Payment Facility and the Company’s Website.

  1. BUYER'S ARRANGEMENT WITH ISSUING BANK:

 

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Debit/Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

 

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

 

  1. EMAIL ABUSE & THREAT POLICY:

 

Private communication, including email correspondence, is not regulated by The Company. The Company encourages its Users to be professional, courteous and respectful when communicating by email.

 

However, The Company will investigate and can take action on certain types of unwanted emails that violate The Company policies.

 

Such instances:

 

  • Threats of Bodily Harm - The Company does not permit Users to send explicit threats of bodily harm.

 

  • Misuse of The Company System - The Company allows Users to facilitate transactions through the Company system, but will investigate any misuse of this service.

 

  • Spoof (Fake) email - The Company will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact Us' tab.

 

  • Spam (Unsolicited Commercial email) - The Company's spam policy applies only to unsolicited commercial messages sent by The Company Users. The Company Users are not allowed to send spam messages to other Users.

 

  • Offers to Buy or Sell Outside of the Company - The Company prohibits email offers to buy or sell listed products outside of the the Company Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

 

The Company policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

 

Violations of this policy may result in a range of actions, including:

  • Limits on account privileges
  • Account suspension
  • Cancellation of listings
  • Loss of special status
  • Civil/ Criminal legal actions & proceedings

 

  1. TRADEMARK, COPYRIGHT AND RESTRICTION:

This site is controlled and operated by the Company and all products and services provided on the website are subject to trademark and copyright which are owned and registered under its Principal Company or manufacturing Company or Supplier Company as determined thereunder respective products and services. All materials on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

 

  1. INTELLECTUAL PROPERTY RIGHTS COMPLAINT:

 

The Company respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to The Company at the afore-mentioned registered address.

 

 

 

  1. PRODUCT DESCRIPTION:

 

The Company ensures that we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

  1. GRIEVANCE OFFICER:

 

In accordance with the provisions of the SPI Rules, any grievances which you may have with respect to the information shared by you with ELIAN TRADING COMPANY PRIVATE LIMITED hereunder and its treatment, may be directed by you to the grievance officer of ELIAN TRADING COMPANY PRIVATE LIMITED at info@etcpl.in or at the below mentioned coordinates:

 

Name: Mr. Jaimin Patel

Phone Number: +91 9619600156

Email Address: jaimin.patel@pispl.in

Registered Office: Prospect Chambers, 3rd Floor D N Road, Fort, Mumbai-400001.

Correspondence Address: C/o. Bhavesh Enterprises, Building No. H-4, Premises Nos. 1 to 8, Survey No. 15, Paiki 15/1, Sonale Village, Mumbai Nashik Highway, Taluka Bhiwandi, Dist- Thane: 421 302.

Designation: Grievance Officer

 

  1. INDEMNITY:

 

You shall indemnify and hold harmless The Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

 

  1. JURISDICTIONAL ISSUES/SALE IN INDIA ONLY:

 

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. The Company makes no representation that materials as the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from locations/Countries other than India do so on their own initiative and the Company is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

 

  1. FORCE MAJESURE:

 

We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under a Contract when caused by events that are beyond our reasonable control ("Force Majeure"). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:

  • Strike, lockout or other forms of protest.
  • Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
  • Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.
  • Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.

It shall be understood that our obligations deriving from Contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfill these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfill our obligations by virtue of the Contract despite the situation of Force Majeure.

 

  1. NOTICES:

 

All notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:

 

Correspondence Address: C/o. Bhavesh Enterprises, Building No. H-4, Premises Nos. 1 to 8, Survey No. 15, Paiki 15/1, Sonale Village, Mumbai Nashik Highway, Taluka Bhiwandi, Dist- Thane: 421 302.

Email Address: info@etcpl.in

 

  1. CONTACT US:

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.