Terms & Conditions
The domain name OnlineChootu.com is maintained and operated by Shree Shiva Enterprises , a private limited enterprise, registered under the provisions of the Companies Act, 2013 and having its registered office at Varanasi UP INDIA (“OEPL”). The terms and conditions set out below (the “Conditions”) apply to the use of the Site, including the use of information services offered on the Site.
In accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials or contents, you shall be deemed to have agreed to each and all the Conditions and notices on this Site as amended from time to time. Further, you agree to be bound by these Conditions, and are therefore requested to carefully read this section before proceeding. If you do not accept these Conditions, you must refrain from using the Site. These Conditions must be read in conjunction with any other applicable terms and conditions governing the use of the Site.
OEPL’s reserves the right to change these terms from time to time. By continuing to use the Site after changes are posted you agree to be legally bound by those terms as updated and/or amended.
2. Trade Marks
The Site contains OEPL’s trade and service marks and devices, including the word “OnlineChootu”, and other valuable trade or service marks owned by OEPL or licensed to OEPL, to distinguish its services and products (collectively referred to as “OEPL Marks”). The OEPL Marks are protected from copying and simulation under national and international laws and may not be reproduced, copied or used in any other manner whatsoever, on any material, whether tangible or intangible, without the express prior written consent of OEPL. Without limitation, you must not use any OEPL Marks or a variation thereof, either alone or in conjunction or as a combination with any other trade or service marks, logos and devices:
In or as the whole or part of your own trademarks;
In connection with activities, products or services which are not undertaken or provided by OEPL;
In a manner which may be confusing, misleading or deceptive; or
In a manner that disparages OEPL or its information, products or services (including this Site).
Trade and service marks and devices not forming a part of the OEPL Marks, but included on the Site (the “Third Party Marks”) shall belong to the respective owners of such Third Party Marks. You acknowledge that the use and display of such Third Party Marks are subject to the rights of the owners of the Third Party Marks.
The information, text, graphics, images, sounds, links and all other information and software published or otherwise contained on the Site (“Information”, collectively with the OEPL Marks, the “Intellectual Property”) are either owned exclusively by OEPL or licensed to OEPL and may not be copied, distributed, displayed, reproduced or transmitted in any form or by any means, whether electronic, mechanical, photocopying, recording or otherwise, without the prior written approval of OEPL.
Without limitation, you may not, without such approval from OEPL, create derivative works from any part of the Site or commercialize any Intellectual Property, products or services obtained from any part of the Site. Intellectual property procured from a third party may be the subject of copyright and trademark owned by that third party. Unauthorized use of the Site and/or the materials contained on the Site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is strictly prohibited.
4. Site Use
The Site is for your personal non-commercial use and the Intellectual Property may be downloaded or printed by you solely for that purpose. You are responsible for maintaining the secrecy of your passwords, login and account information. You will be financially accountable for any use of the Site by you and anyone using your password and login information. This right to use the Intellectual Property is a limited, non-excusive, non-transferrable, non-assignable, time-bound, non-sub-licensable, revocable license only, and is subject to the following restrictions:
The Intellectual Property may not be used for any commercial purpose or public display, performance, sale or rental;
No copyright or other proprietary notices may be removed;
The Intellectual Property may not be transferred to another person;
Software may not be interfered with in any manner;
Every person downloading, reproducing or otherwise using the Intellectual Property must prevent any unauthorized copying of the Information;
You shall only use the Intellectual Property for lawful purposes and in accordance with these Conditions;
You shall not frame or utilize framing techniques to enclose any Intellectual Property;
You shall not collect and use any product listings, descriptions, or prices for the benefit of other merchants, including direct and indirect competitors of OEPL; and
You shall not use any meta tags or any other hidden text utilizing the Site’s, OEPL’s name or trademarks without the express written consent of OEPL.
You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, services and Intellectual Property. You must adhere to all limitations on dissemination, usage and reproduction of any Intellectual Property that you download from the Site that are subject to such limitations. You agree to use the Site only to access, utilize, and receive Intellectual Property in an appropriate manner and purchase products being sold by OEPL on the Site as being accessed or used by you.
If you are required to establish an account / provide information to access the information on the Site or to purchase any products with the use of the Site, you must complete the designated registration process to obtain Intellectual Property or purchase any products as the case may be. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. The intellectual property and services provided by third parties (collectively, the “Third-Party Services”) are governed by separate agreements accompanying such Information and services. OEPL offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, OEPL’s Information, OEPL provided services or another Third-Party Service. You agree that you will not hold OEPL responsible or liable with respect to the Third-Party Services.
You agree and acknowledge that the services offered by OEPL through the Site are restricted to certain geographical areas. OEPL shall not be responsible for any loss or damage incurred by you, due to the service not being available in the geographical area that you are situated while accessing the services provided on the Site.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of eighteen (18) years, you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Conditions. If you are a minor, you are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
By agreeing to the Conditions and creating an account on the Site, you agree to receive promotional communication and newsletters from OEPL. You can opt out either by unsubscribing through the facility available on the Site or by contacting the customer service of OEPL.
OEPL has taken all reasonable efforts to ensure that the Information provided on the Site is accurate and reliable. You accept that all Information provided on the Site or any other material accessed through the Site, including via any Linked Website (as hereinafter defined), is general information and is not in the nature of advice.
You also accept that all of the Information is provided on an “as is” basis and is provided without any warranty, representation or condition of any kind, whether express, implied, statutory or otherwise. You assume all responsibility and risk for your use of or reliance upon the Information and the Site or any other material accessed through the Site, including via any Linked Website.
While OEPL seeks to ensure that the Information is reliable and accurate, errors and omissions may occur and therefore, OEPL does not make or give any representation or warranty (express or implied) of any kind as to any matter relating to the Site and any Linked Website, including without limitation, as to merchantability, non-infringement of intellectual property rights or fitness for any particular purpose, and specifically disclaims any such representation or warranty.
In particular OEPL does not warrant that:
The Information or any other material accessed through the Site, including via any Linked Website, is reliable, accurate or complete including, without limitation, information relating to prices and availability;
Your access to Information or any other material accessed through the Site, including via any Linked Website, will be uninterrupted, timely or secure;
It will be liable for any loss (direct or indirect) resulting from any action taken or reliance made by you on the Information or any other material accessed through the Site, including via any Linked Website. You should make your own inquiries and seek independent professional advice before acting or relying on any such Information or material;
The Site will operate continuously or without interruption or be error free. In addition, OEPL may also suspend or discontinue any aspect of the Site at any time without being liable for any direct or indirect loss as a result of such action
OEPL may from time to time update, modify or add to the Information, including these Conditions, and absolutely reserves the right to make such changes without any obligation to notify past, current or prospective users of the Site. Unless otherwise specified to the contrary, all new Information shall be subject to these Conditions.
6. Liability Disclaimer & Exclusion
In no event shall OEPL be responsible for any direct, indirect, special, incidental or consequential loss or damage, however arising and whether in contract, tort or otherwise, which you may suffer in connection with or arising out of:
Your use of the Site or any Linked Website; or
Your use of or reliance on Information or any other material accessed through the Site, including via any Linked Website, including without limitation, loss or damage by way personal injury or disability, of loss of profits, loss of business opportunity, business interruption or loss of information.
These Conditions do not purport to exclude liability arising by any applicable law if, and to the extent, such liability cannot be lawfully excluded. However, to the extent permitted by law, all warranties, terms or conditions which would otherwise be implied into these Conditions are hereby excluded.
Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of or the liability of OEPL under any such warranty, term or condition, then the liability of OEPL shall include liability for that warranty, term or condition, but such liability will be limited to the following:
If the breach relates to services, the supply of the services again or payment of the cost of having the services supplied again; and
If the breach relates to products and the products can be repaired, repair of such products or payment of the costs of having the products repaired, but otherwise, replacement of the products or the supply of equivalent products or payment of the cost of replacing the products or of acquiring equivalent products.
You agree and acknowledge that the products being sold by OEPL on the Site are not manufactured by OEPL and OEPL shall not be liable for any defects in the quality of the product sold by it. The manufacturer of such products shall solely be liable for defects in the products sold by OEPL on the Site. Any warranty claims with respect to the products sold by OEPL shall be made directly with the manufacturer in accordance to the terms and conditions of warranty offered by such manufacturer.
7. Specific Warnings
You must ensure that your access to and your use of the Site is not illegal or prohibited by laws which apply to you.
You must take your own precautions that the process which you employ for accessing the Site does not expose you to the risk of viruses, malicious computer code, computer program routines or processes or other forms of interference which may damage your own computer system. Without limitation, you are responsible for ensuring that your own computer system meets all relevant technical specifications necessary to use the Site and is compatible with the Site. For the removal of doubt, OEPL does not accept responsibility for any interference or damage to your own computer system which arises in connection with your use of the Site or any Linked Website.
OEPL does not guarantee or warrant that any material available for downloading from the Site or any Linked Website will be free from any virus, infection or other condition which has contaminating or destructive properties. You are responsible for taking sufficient precautions and checks to satisfy your own particular requirements for accuracy of data input and output.
You must ensure that any information which you provide to OEPL is accurate and complete and does not contain any virus, malicious computer code, computer program routine or process or other form of interference which may damage the computer system of OEPL or the Information, or which may detrimentally interfere with or surreptitiously intercept or expropriate any OEPL system, data or information.
8. Linked Websites
The Site may contain links to other websites (each a “Linked Website”). These links are provided for convenience only and may not remain current or be maintained.
You acknowledge and agree that OEPL does not have any control over the content or availability of the Linked Websites and accepts no responsibility for the content, privacy practices or any other aspect of the Linked Websites.
Links to the Linked Websites should not be construed as an endorsement, approval or recommendation by OEPL of the owners or operators of the Linked Websites, or of any information, graphics, materials, products or services referred to, provided or contained on the Linked Websites.
9. User account, Password and Security
The user is entirely responsible for maintaining the confidentiality of the user’s password and account, and for any and all activities which occur under the user’s account or password. The user agrees to immediately notify OEPL of any unauthorized use of the user’s account, password, or any other breach of security known to the user. OEPL will not be liable for any loss that the user may incur as a result of someone else using or accessing the user’s password or account, either with or without the user’s knowledge. However the user may be held liable for losses incurred by OEPL or any other party as a result of someone else using or accessing the user’s password or account. The user will not use anyone else’s account at any time without the permission of the account holder. The user may change his/her password or profile by following instructions on the Site.
11. Orders Cancellation and Refunds
Orders, returns and cancellations are governed by OEPL’s Orders Returns and Cancellation Policy, the contents of which are incorporated by reference into the Conditions.
You agree to indemnify, defend and hold OEPL and its subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, made by any third party due to or arising out of your breach of the Conditions, this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party. OEPL’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
With respect to any communication made to OEPL on or through the Site including, without limitation, feedback, questions, comments and suggestions (the “Communications”):
No right of confidentiality shall apply to the Communications and OEPL shall have no obligation to protect the Communications from disclosure;
OEPL shall be free to reproduce, use, disclose and distribute the Communications to others; and
OEPL shall be free to use any ideas, concepts, know-how or techniques contained in the Communications for any purpose whatsoever including, without limitation, the development, production and marketing of products and services that incorporate such information.
14. Payment Mechanism
The payment gateways are incorporated onto the Site as Linked Websites and shall be considered a Third-Party Service. Please note that using any payment mechanism other than the ‘cash on delivery’ option will be governed by the terms and conditions applicable to that particular payment gateway and shall not be governed by these Conditions. By using the Third Party Service, you consent to be bound by the terms and conditions applicable to the use of such Third Party Service.
If any provisions of these Conditions are found to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect.
OEPL does not accept any liability for any failure by OEPL to comply with these Conditions where such failure is due to circumstances beyond its reasonable control.
If OEPL waives any rights available to it under these Conditions on one occasion, it does not mean that those rights will automatically be waived on any other occasion.
You are completely responsible for all charges, fees, duties, taxes and assessments arising out of the use of the Site.
The section titles in the document are solely used for the convenience of the parties and have no legal or contractual significance.
These terms shall be governed by and interpreted in accordance with the laws of India and you agree to submit to the exclusive jurisdiction of the courts of varanasi.
16. Return to Site
To return to the Site, click where indicated. By doing so, you acknowledge that you have read, understood and accepted these Conditions.