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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.
The domain name www.ishasilks.com (hereinafter referred to as “Website“) is registered in the name of GEETANJALI a firm incorporated under the partnership Act, with its office at 2206, Kacheri Galli, Shahapur, Belgaum.
Geetanjali, a firm incorporated under Partnership Act, with its registered office
at 2206, Kacheri Galli, Shahapur, Belgaum.(hereinafter referred to as “Geetanjali”)
holds a valid license, to use and operate the Website. Geetanjali also holds a
valid license from ISHA to use @ishasilks.com for its online retail business.
Your use of the Website and services and tools are governed by the following
terms and conditions (“Terms of Use”) as applicable to the Website. If You
transact on the Website, You shall be subject to the policies that are applicable
to the Website for such transaction. By mere use of the Website, You shall be
contracting with Geetanjali, these terms and conditions constitute Your binding
obligations, with Geetanjali and ISHA.
For the purpose of these Terms of Use, wherever the context so requires ‘You’
or “User” shall mean any natural or legal person who has agreed to become a
member of the Website by providing Registration Data while registering on the
Website as Registered User using the computer systems. ISHA allows User to
surf the Website or making purchases without registering on the Website. The
term “we”, “us”, “our” shall mean Geetanjali.
When You use any of the services provided by us through the Website, including
but not limited to, (e.g., Customer Reviews), You will be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use. We reserve the right, at
our sole discretion, to change, modify, add or remove portions of these Terms
of Use, at any time. It is Your responsibility to check these Terms of Use
periodically for changes. Your continued use of the Website following the posting
of changes will mean that You accept and agree to the changes. As long as You
comply with these Terms of Use, We grant You a personal, non-exclusive, nontransferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES
YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS
AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
PROCEEDING
Membership Eligibility
Use of the ISHA Website is available only to persons who can form legally
binding contracts under Indian Contract Act, 1872. Persons who are
“incompetent to contract” within the meaning of the Indian Contract Act, 1872
including minors, un-discharged insolvents etc. are not eligible to use the ISHA
Website. If you are a minor i.e. under the age of 18 years, you shall not register
as a member of the ISHA and shall not transact or use ISHA website. As a minor
if you wish to use or transact on ISHA, such use or transaction may be made by
your legal guardian or parents who have registered as users of the ISHA. ISHA
reserves the right to terminate your membership and refuse to provide you with
access to the ISHA if it is brought to ISHA’s notice or if it is discovered that you
are under the age of 18 years.
Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the
confidentiality of your User ID and Password and You shall be responsible for
all activities that occur under your User ID and Password. You agree that if You
provide any information that is untrue, inaccurate, not current or incomplete
or We have reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, or not in accordance with the this Terms of
Use, We shall have the right to indefinitely suspend or terminate or block access
of your membership on the Website and refuse to provide You with access to the
Website.
Communications
When You use the Website or send emails or other data, information or
communication to us, You agree and understand that You are communicating
with us through electronic records and Your consent to receive communications
via electronic records from Us periodically and as and when required. We may
communicate with You by email or by such other mode of communication,
electronic or otherwise.
Use of the Website
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:
(a) belongs to another person and to which You do not have any right to.
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, pedophilia, 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;
(c) is misleading in any way.
(d) 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;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass
mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libelous;
(h) 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];;
(r) interferes with another user’s use and enjoyment of the Website or any other
individual’s user and enjoyment of similar services;
(s) 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.
(u) 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.
(v) violates any law for the time being in force;
3. 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.
5. 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 ISHA, www.ishasilks.com, or otherwise engage in any conduct or
action that might tarnish the image or reputation of ISHA or Geetanjali, or
its suppliers or otherwise tarnish or dilute any ISHA’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 including that duly licensed from ISHA.
You agree that You will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Website or ISHA’s
systems or networks, or any systems or networks connected to ISHA and/or
Geetanjali.
8. You may not use the Website or any content for any purpose that is unlawful
or prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of ISHA and / or Geetanjali and
/ or others.
9. 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 grant us
a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable
(through multiple tiers) 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 the terms of use and Privacy Policy applicable to
use of the Website.
13. It is possible that 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 do 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.
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks,
logos, sounds, music, artwork and computer code (collectively, “Content”),
including but not limited to the design, structure, selection, coordination,
expression, “look and feel” and arrangement of such Content, contained on the
Website is owned and controlled or licensed by us, and is protected by trade
dress, copyright, patent and trademark laws, and various other intellectual
property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, 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 our 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.
Payment
While availing any of the payment method/s offered by us, we are not
responsible or take no liability of whatsoever nature in respect of any loss or
damage arising directly or indirectly to you out of the decline due to:
1. lack of authorization for any transaction/s,
2. or exceeding the present limit mutually agreed by you and between your “Bank/s”,
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
All payments made against the purchases on ishasilks.com by you shall be
compulsorily in Indian Rupees acceptable by the Union of India. ishasilks.com
does not accept any other form of currency with respect to the purchases.
Before shipping your order to you, we may request you to provide supporting
documents (including but not limited to Govt. issued ID and address proof)
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.
Indemnity
You shall indemnify and hold harmless Geetanjali and Ishasilks, 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 of a third party.
Applicable Law
This Agreement shall be governed by and interpreted and construed in
accordance with the laws of India. The place of jurisdiction shall be exclusively in
Belgaum.
Trademark, Copyright and Restriction
This site is controlled and operated by Geetanjali and goods are sold by
ishasilks. All material on this site, including images, illustrations, audio clips,
and video clips, are protected by copyrights, trademarks, and other intellectual
property rights that are owned and controlled by us or by other parties that have
licensed their material to us. Material on Website owned, operated, licensed or
controlled by us 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 e-mail 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 web site 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.
Risk of loss
All items purchased on the Website are made pursuant to a shipment contract.
This means that the risk of loss and title for such items pass to You upon our
delivery to the carrier.
Product Description
We try to be as accurate as possible. However, we do not warrant that Product
description or other content of this Website is accurate, complete, reliable,
current, or error-free. If a product offered by us on the Website itself is not as
described, Your sole remedy is to return it in unused condition.
Pricing/Typographical error
If Geetanjali comes across any difference in pricing resulting from typographic
errors with pricing or product information, Geetanjali shall have the right to rectify
the same or cancel the order(s) and refund money, if any, collected from You
within 10-15 business days of such corrective action taken.
Cancellation of order
We reserve the right to cancel any order at our sole discretion, under a situation
where we are not able to meet the requirement of the order placed or order
so placed/cancelled does not comply with our policy or for any other reason.
However, we will ensure that any communication of cancellation of an order, so
cancelled, is intimated within appropriate time to the concerned person and any
applicable refund will be made in reasonable time.
Limitation of Liability
IN NO EVENT SHALL GEETANJALI AND / OR ISHASILKS BE LIABLE FOR
ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF
ANY KIND