TERMS AND CONDITIONS and USER AGREEMENT


Emayam Technologies Private Limited hereafter referred as “ETPL” a company incorporated under the Companies Act, 2013 with its registered office at 121A & 121B, eMayam Towers, Inner Ring Road, Bhuvaneshwari Nagar, Velachery, Chennai – 600064 (the company) is the absolute owner of the domain and the website www.emayammart.com (hereafter referred as the “site”) and the trademark “eMayamMart”. Use of the site and the telephone orders presently using the call-in number +91 8111-010-010 (hereafter referred as the “call center”) and to avail its services are strictly governed by the terms and conditions and user agreement hereunder.

We strongly recommend that you the Visitors / Users / Customers referred to the person visiting, accessing, browsing through and/or using the site at any point in time, read and understand these ‘Terms and Conditions’ carefully, as by accessing the site, you agree to be bound by the same and acknowledge that it constitutes an agreement between you as a user and ETPL (The Company) hereinafter the “User Agreement”. If you started browsing / viewing the site and register yourself in the market place as the user and start placing orders or you call in to our call center and place orders we strongly acknowledge it as your absolute confirmation to this terms and conditions and you are bound to follow the same. If you do not agree with this User Agreement, you should not use or access the site or the call center for any purpose whatsoever.

This user agreement is in accordance with the applicable Indian Law amended time to time. The User Agreement may be updated from time to time by the Company without notice. It is therefore it is strongly recommended and you must review the User Agreement each time you access or use the site and call center as it is always available in the site. Should you have any question regarding the terms and conditions of the use of our services, please do not hesitate to contact us at admin@emayammart.com or call us at +91 8111-010-010.

PERSONAL INFORMATION / PRIVACY POLICY:

ETPL respects your privacy and all your personal information collected at the time of registration at the site and at the time of you calling to our call center and place orders. By accessing the services provided by the Site and the call center you agree to the collection and use of your data by ETPL in the manner provided in this Privacy Policy. ETPL will collect your personal information including but not limited to Name including first and last name, email ID and alternate email address, mobile phone number and contact address, Postal code, Google location, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information. You hereby authorize ETPL to use your personal information to be used by ETPL and its business partners and associates.


ETPL will also provide this information to its business associates and partners wherever it deemed necessary more specifically to get in touch with you when necessary to provide the services requested by you. ETPL will use this information to preserve transaction history as governed by existing law or policy. ETPL may also use contact information internally to direct its efforts for product improvement, to contact you as a survey respondent, to notify you if you win any contest; and to send you promotional materials from its contest sponsors or advertisers. ETPL will also use this information to serve various promotional and advertising materials to you via display advertisements through the Google Ad network on third party websites. You can opt out of Google Analytics for Display Advertising and customize Google Display network ads. Information about Customers on an aggregate (exlcuding any information that may identify you specifically) covering Customer transaction data and Customer demographic and location data may be provided to partners of ETPL for the purpose of creating additional features on the website, creating appropriate merchandising or creating new products and services and conducting marketing research and statistical analysis of customer behavior and transactions.


In addition ETPL may use this information to help investigate, prevent or take action regarding unlawful and illegal activities, suspected fraud, potential threat to the safety or security of any person, violations of the Site’s terms of use or to defend against legal claims; special circumstances such as compliance with government agencies, court orders, requests/order from legal authorities or law enforcement agencies requiring such disclosure.


ETPL reserves the right to change or update this policy at any time. Such changes shall be effective immediately upon posting to the Site.


ELIGIBILITY TO USE SERVICE:

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/access the site or call center. However, if you are a minor, i.e. under the age of 18 years, you may use/access the Marketplace under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

ETPL, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the site for any reason it believes that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.

In order to determine compliance with eligibility criteria, the Company inter alia uses an algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.

LIMITED LICENSE & SITE ACCESS:

ETPL grants you a limited sub-license to access and make personal use of this site and not to download except the page caching or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. Any collection and use of any product listings, descriptions, or prices, any derivative use of this site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by ETPL and initiate appropriate legal action and claim damages caused due to such violation

ACCOUNT & REGISTRATION OBLIGATIONS:

All users must register and log in for placing orders on the site or on the call center. You must keep your account and registration details current and correct for all communications related to your purchases from the site or the call center. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by or by contacting the customer services team of site and placing a request for the same.

PRICING:


All the products listed on the Site will be sold at MRP unless otherwise specified. The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of daily price fluctuation, technical issues, typographical errors or incorrect product information provided to the Distributers and agents or by any other third-party or the price change by the manufacturer, Farmer and brand owners. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.

Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery.

CANCELLATION BY ETPL / CUSTOMER:

You as a customer can cancel your order anytime up to the cut-off time, generally up the time of packing your order that takes maximum up to 60 minutes from the time of your order receipt of the slot for which you have placed an order by calling our call center. In such a case we will credit your account equal to the payment that you made, the same can be used for any of your future purchase. Please note under no circumstances a cash refund will be made. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

RETURN & REFUNDS:

Our customers can refuse and return the product at the time of delivery if the customers have a valid reason that is justified and accepted by ETPL. In such cases, we will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills. Please note under no circumstances the cash refund will be made to customers and the products / goods that are accepted at the time of delivery will never be taken back by ETPL. Any quality, performance or durability issues or complaints will be handled as warranty claim by the respective manufacturer and brand owners. ETPL will have no liability on such claims.

PICTURES, PHOTOS AND COLOURS IN THE SITE:

The photos / pictures and colours in the site are ONLY rough and representational and not accurate. We have made every effort to display the photos and colours of our products that appear on the Website as accurately as possible. However, as the actual the product and its colours you see will depend on the camera, resolution, and your monitor and various other factors, we cannot guarantee that your monitor's display of any colour will be accurate and the product will not fully match with the picture.

MODIFICATIONS OF TERMS & CONDITIONS OF SERVICE:

ETPL fully reserves the right to change the terms of use any time at its own discretion. ETPL may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

GOVERNING LAW AND JURISDICTION:

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at South Chennai District shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by ETPL and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Chennai. The High Court of judicature at Madras alone shall have the jurisdiction and the Laws of India shall apply.

COPYRIGHT & TRADEMARK:

 

ETPL and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site and Product. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of ETPL or any third party's intellectual property rights. All other marks are the property of their respective companies. You WILL NOT download or copy the Contents and other downloadable materials displayed on the Website for your personal use or any commercial use. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce,  publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of ETPL or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by ETPL, one of its affiliates or by third parties who have licensed their materials to ETPL and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of ETPL and is also protected by Indian and international copyright laws.


OBJECTIONABLE MATERIAL: 


You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, ETPL and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.


INDEMNITY:


You agree to defend, indemnify and hold harmless ETPL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to ETPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.


YOU AGREE AND CONFIRM:


1.        That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) or you did not answer the call at the time our delivery executive tried to call you and if your doors are locked and nobody open the door despite repeated attempts and any extra cost incurred by ETPL for redelivery shall be claimed from you.


2.        That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.


3.        You will provide authentic and true information in all instances where such information is requested of you. ETPL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true wholly or partly, it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.


4.        That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.


5.        That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.


6.        That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.


7.        You fully understand and agree and confirm to ETPL that the pictures shown in the site are representative ONLY. The actual products, its colour, size etc., will not match with the representative picture and the actual product.


8.        This terms and conditions as a whole is fully read, understood and agreed by you and you fully confirm that the English language is translated to you by the competitive person in case you don’t know English and you confirm the language is not a reason for you not to abide the terms and conditions.


TERMINATION: 


This User Agreement is effective unless and until terminated by either you or ETPL. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site and call center. ETPL may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to ETPL. Upon any termination of the User Agreement by either you or ETPL, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. ETPL's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.