General Terms & Conditions of purchase and use
This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. A computer system generates this electronic record and does not require any physical or digital signatures.
This is a legal and binding agreement between you, the user (“User(s)” or “You” or “Your”) of the Services, as defined below, and Entrepower stating the terms that govern Your use of the Site (as defined below).
BY ACCEPTING THESE GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE IN ANY MANNER OR ACCESSING THIS WEBSITE, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THESE TERMS AND THE PRIVACY POLICY ACCESSIBLE AT PRIVACY POLICY. AND ANY OTHER TERMS WHICH GOVERN THE SITE (TOGETHER REFERRED TO AS “TERMS OF USE” OR “TERMS” OR “TERMS AND CONDITIONS” OR “GENERAL TERMS AND CONDITIONS OF PURCHASE AND USE”) AND IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT ENTITLED TO AVAIL OF / PURCHASE THE PRODUCTS / USE THE SERVICES AND ANY PURCHASE OR USE THEREAFTER SHALL BE UNAUTHORIZED.
Entrepower is a company incorporated in India under the Companies Act, 2013 (“Company” /“We” /“Us” /“Our”, as the context may require). The Company provides and is the sole owner of the website domain www.entrepower.in and any associated mobile sites or applications (“Site”).
This site may contain additional terms that govern particular features or offers. By accessing this site, you accept and agree to be bound by the terms, conditions and notices set forth, if you have entered a written agreement containing terms that directly conflict with any terms mentioned under these Terms & Conditions, then such conflicting terms set forth in the written agreement shall prevail. Please read these Terms & Conditions carefully.
Overview of services
The company has created this site as a platform for its User(s)(s) wherein the User(s) of this site can buy the products listed in this site manufactured by the Company for various health benefits. (“Services”).
By visiting this site, and/ or purchasing something from us, and/ or by availing the Services provided by the Company, the User(s) is bound by the Terms and Conditions mentioned or by the terms and conditions which may be available by hyperlink or by any future terms and conditions as and when notified by the Company on this site. The Company may revise these Terms and Conditions, without prior notification, which revisions and updates shall bound to the User(s). User(s) can view the latest version of the Terms and Conditions on this site at all times.
The Company makes every reasonable effort to ensure that information held by the Company is confidential and secure and these security practices are reviewed regularly and many of the Company’s business decisions, including web design, technology selections and third-party business relationships are governed by consideration for User(s) privacy.
All the Services and all ancillary and related information available or displayed on this site make up an ‘Invitation to Offer’. Inquiry/ Request by User(s) of the Services makes up his/her/its ‘Offer’ which shall be subject to these ‘Terms & Conditions, the ‘Privacy Policy and such other rules, guidelines, policies, terms and conditions set forth on the Site. The company reserves the right to accept or reject the Users ‘Offer’ assigning no reason.
The terms ‘Company’ and ‘User(s)’/ ‘You’/ ‘Your’/ ‘Yourself’ are jointly referred to as the ‘Parties’ and individually referred to as a ‘Party’.
Terms & Conditions
Use of this Site or the Services provided thereof is available only to persons/ entities who can enter legally binding contracts under the applicable laws. Persons or entities who are incompetent to contract within the meaning of the Indian Contract Act, 1872 including undischarged insolvents are not eligible to use this site or avail of the Services.
If the User(s) is under the age of 18 (eighteen) years, then such User(s) shall review and understand these Terms and Conditions along with his/her parent or legal guardian and the parent or legal guardian shall understand and accept these Terms and Conditions on behalf of such User(s).
By accessing and using this site, you represent you are of legal age/ legal status to form a contract and are not a person/ entity barred from receiving the services under the applicable laws.
The company does not discriminate based on age, gender, race, religion, caste, class, lifestyle preference or nationality.
In order to access certain features of the Site and to avail the Services, the User(s) may be required to register and create an account. If the User(s) registers and creates an account on the Site, the User(s) understands and acknowledges that:
The Company allows one registration per legitimate electronic mail address;
The Company may in its sole discretion approve any exceptions, including the use of one electronic mail address by multiple users;
You, as a person registering and creating an account on the Site, shall keep your username and password safe and confidential and update your Password whenever required;
You, as a person registering and creating an account on the Site, alone shall be responsible for any transactions, made either by you or users you have authorised to use your Username and Password.
You, as a person registering and creating an account on the Site, will immediately notify the Company of any unauthorised use of your account;
The Company reserves the right to suspend or terminate your account and your access to the Site if you create over 01 (One) account or if any information provided during the registration process or thereafter proves to be inaccurate, misleading, false, not current, incorrect or incomplete.
In case you choose to access this site from outside India, you shall be responsible for compliance with local laws thereof, to the extent such local laws apply.
The Company makes no representation that any of the Services forming part of the Content of the Site is/are appropriate for being availed.
By accessing or using the Services:
You confirm and warrant that all the data and information you supply the Company and or any Company’s affiliates (“Registration Data”) is and accurate.
You agree to promptly update Your Registration Data as necessary so that Your Registration Data remains accurate at all times.
Company may temporarily suspend your access to the whole or any part of the Services, where the Company in its discretion considers that it is reasonably necessary. Where possible, the Company will give you as much notice of any interruption of access to the Services as is reasonably practicable. The company will use reasonable efforts to restore access to the Services as soon as reasonably practicable after temporary suspension.
You agree that the Company shall be under no liability whatsoever to You in the event of non-availability of the Site or any portion thereof occasioned by Act of God, war, disease, revolution, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster, satellite failure or any other cause whatsoever beyond the control of Company.
You acknowledge and agree not to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, violate, or circumvent any patent; trade secret; copyright, trademark, or other proprietary notice marked on the Content or any digital rights management mechanism or device; any content protection or access control measure associated with the Content, including geo-filtering mechanisms; privacy; publicity; or other proprietary rights under applicable law.
You agree not to either directly or through the use of any device, software, internet site, web-based service, or other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content or create any work or material that is derived from or based on the Content. This prohibition applies regardless of whether such derivative works or materials are sold, bartered, or given away.
You agree that the Company and/or its affiliates or licensors own and/or retains all rights to the Services and the Content throughout the territory of the world in perpetuity. You further agree that the Content You access and view as part of the Services is owned or controlled by the Company, its affiliates and or its licensors. The Services and the Content are protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
You agree that third parties and/or their affiliates or licensors own and/or retains all rights to the Third Party Content. The Third-Party Content is protected by copyright, trademark, design, patent, trade secret, and other intellectual property laws.
Except as provided in these Terms (or otherwise expressly provided by Company), You may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell, frame or deep-link, make available, or otherwise use any Content contained in the Services. You further agree not to use the Services to:
Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; abusive; obscene; vulgar; sexually explicit; pornographic or inclusive of nudity; offensive; excessively violent; invasive of another’s privacy, publicity, contract or other rights; tortious; false or misleading; defamatory; libellous; hateful; or discriminatory;
Harass or harm another person;
Exploit or endanger a minor;
Impersonate or attempt to impersonate any person or entity;
Violate any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
Introduce or engage in activity that involves the use of viruses, software disabling codes, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software applications and/or any element comprising the Site, the application for accessing the Content, or the Services;
Interfere with damage, disability, disrupt, impair, create an undue burden on, or gain unauthorised access to the Services, including Company’s servers, networks or accounts;
Cover, remove, disable, manipulate, block or obscure advertisements or other portions of the Services or the Content;
Delete or revise any information provided by or pertaining to any other user of the Services.
Use technology or any automated system such as scripts, spiders, offline readers or bots in order to collect or disseminate usernames, passwords, email addresses or other data from the Services, or to circumvent, delete, deactivate, decompile, reverse engineer, disassemble or modify any security technology or software that is part of the Services or the Site;
Send or cause sending (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Services. If You do so, you acknowledge you will have caused substantial harm to the Company, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, and by liquidated damages and not as a penalty, You agree to pay Company INR 500 (Indian rupees five hundred only) for each actual or intended recipient of such communication without prejudice to any other rights of action that Company may have against You in law or equity;
Solicit, collect or request any personal information for commercial or unlawful purposes;
Engage in commercial activity (including but not limited to advertisements or solicitations of business; sales; contests; sweepstakes; creating, recreating, distributing or advertising an index of any significant portion of the Content; or building a business using the Content) without Company’s prior written consent;
Access the Site/application/Service (including the Content) through any automated means, including “robots,” “spiders,” or “offline readers” (other than by individually performed searches on publicly accessible search engines for, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Site and excluding those search engines or indices that host, promote, or link primarily to infringing or unauthorised content);
Use the Services to advertise or promote competing services;
Use the Services in a manner inconsistent with all applicable law;
Attempt, facilitate, induce, aid and abet, or encourage others to do any of the foregoing.
You are responsible for the security and proper use of your unique User ID and password that You enter while registering on the Site and must take all necessary steps to ensure that they are kept confidential, used properly, and not disclosed to unauthorised people. You are responsible for any use of your User ID and password. You must promptly notify the Company if you realise any confidentiality breach or unauthorised use of your user account.
You may encounter third-party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third-party applications shall be subject to such third-party terms of use or licence terms. The company shall not be liable for any representations or warranties or obligations made by such third-party applications to You under contract or law.
Products or Services
Certain products or services may be available only online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return terms.
The company has to display as accurately as possible the colours and images of the products that appear at the store. The company cannot guarantee that your computer monitor’s display of any colour will be accurate.
The company reserves the right but is not to limit the sales of the Company’s products or services to any person, geographic region or jurisdiction. The company may exercise this right on a case-by-case basis.
The company does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Payment
The payment to purchase our Products and/or avail the Services shall be made through an electronic and automated collection and remittance service (‘Payment Gateway’) hosted through the _________________________ Bank and Bill Desk (‘Payment Gateway Service Providers’) by the User(s), as per the rate specified for the Product in the Site. The payment by the User (via any payment gateway/provider) is governed by the User’s agreement with his/her payment provider/gateway and the Company makes no representation of any kind, express or implied, as to the operation of the Payment Gateway. The User(s) further expressly agrees that his/her/their use of the Payment Gateway service is entirely at his/her/their own risk, cost and consequence;
We reserve the right to refuse any order You place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.
You expressly agree, understand and acknowledge that:
In no way shall the Company, the Payment Gateway Service Providers, or its/their affiliates/ associates be liable for any direct, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, data or other intangible losses relating to the access to, use of (or) reliance on the Payment Gateway service;
The Company and the Payment Gateway Service Providers assume no liability for any monetary or other damage suffered by you on account of:
Any delay, failure, interruption, loss (or) corruption of any data or other information transmitted in connection with use of the Payment Gateway; or
Any interruption or errors in the operation of the Payment Gateway.
You shall indemnify and hold harmless the Company and its respective officers, directors, agents and employees, from any claim or demand (or) actions in relation to your use of the Payment Gateway provided on this Site;
Your personal data, including without limitation, details relating to your Credit card/ debit card/ bank account transmitted over the internet is susceptible to misuse, theft and/or fraud, and you acknowledge and understand that the Company has no control over such matters. Although all reasonable care has been taken by the Company to guard against unauthorised use of any information transmitted by you, the Company does not represent or guarantee that the use of the Payment Gateway will not result in theft and/or unauthorised use of data over the Internet;
The Company, Payment Gateway Service Providers or its/their affiliates/ associates shall not be liable, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure in the Payment Gateway and/or on account of deletion or theft or destruction or unauthorised access to, alteration of, or use of your information contained on this site.
Shipping
We will organise for shipment of the goods to you. We would try to deliver the goods in the mentioned period. However, we understand that there could be a situation where we would be incapable to meet up our time frame. We estimate only shipping schedules and cannot be certain. We are not legally responsible for any hindrance in the delivery. The threat of loss and reimbursement passes on to you upon the product deliverance.
The shipment of your order will start after 24 hours of the order placement. We make all our deliveries within 07 (seven) days (excluding Sundays and bank holidays) from the dispatch date.
Return
Since the Products on this website are perishable products subject to expiry as well, the Company does not offer a refund or a return on products. We cannot return perishable goods.
The Company only replaces items if they are defective. If You need to exchange it for the same item, get in touch with us at customercare@entrepower.in
Credit Card / Debit Card / Bank Account Details
You agree, undertake and confirm that the credit card/ debit card/ bank account details provided by you, for availing the Services, shall be correct and accurate, and you shall not use a Credit card/ debit card/ bank account which is not lawfully owned by you. You further agree, undertake and confirm with the Company to provide the Company and/or the respective Payment Gateway Service Providers, with your correct and valid credit card/ debit card/ bank account details.
You further agree, assure, warrant and confirm that when you start a payment transaction and/or issue, online payment instruction and provide your Credit card/ debit card/ bank account details:
You are fully and lawfully entitled to use such credit card/ debit card/ bank account for such transactions;
You are responsible to ensure that the credit card/ debit card/ bank account details provided by you are accurate;
You are authorising the debit to any such nominated credit card/ debit card/ bank account for the settlement of bills selected by you, along with the applicable fee/s.
You are responsible to ensure that sufficient credit is available on your nominated credit card/ debit card/ bank account at the time of making the payment, to permit the payment of the bill/s selected by you inclusive of the applicable fee/s, if any.
Furthermore, you agree, undertake and confirm that the Company shall not be held liable for any credit card/ debit card/ bank account fraud and that the liability for use of a credit card/ debit card/ bank account fraudulently by you, shall be entirely upon you and the onus to prove otherwise, shall also be exclusively upon you.
The Company agrees, undertakes and confirms that the said credit card/ debit card/ bank account details provided by you herein, shall not be utilized and shared by the Company and/or the Payment Gateway Service Providers with any third party and/or person unless the same is required for any fraud verification or by any authority under the prevailing laws, regulations or by a Court Order.
Taxes
The price of the products and services shall not include any Service Tax, GST, CGST, service charge, or any other similar charges and taxes as may be applicable from time to time. These will be charged at the prevailing rates and shall be payable by you to the Company at the time of requesting to avail the Services, as may be determined by the Company.
Any confirmed request price is subject to change if there is a change in or imposition of a charge, tax or levy by the Government which may become applicable and increase the price of the Services.
Use of Material, Non – Commercial Purpose
The Contents of this site are owned or controlled by the Company and/or contents that may be owned or controlled by third parties, in turn being licensed and/or provided to the Company for providing the Services.
You are given a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sublicensable, revocable permission to view the Site and avail the Service during the subsistence of Your account on the Site for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions and no right, title or interest in any Content will be deemed transferred to You.
Fraudulent Use
The Company reserves the right to recover costs, charges, damages, penalties and attorney fee from persons using the Site fraudulently. Furthermore, the Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts (or) acts or omissions in breach of these Terms & Conditions.
Electronic Communications
You agree that all agreements, notices, disclosures and other communications that the Company provides to you electronically, satisfy all or any legal requirement/s, wherein such communication/s are required to be in writing.
When you avail the Services or accesses the Site or sends any data, information or communication or send emails/ texts to the Company, you agree and understand that you are communicating with the Company through electronic records, and you consent to receive communications via electronic records from the Company periodically and as and when required. Therefore, the Company will communicate with you by email and/or any push notification or other message or electronic records on the email address or by posting notices on this site and/or mobile number which you shall submit to the Company at the time of registration on the Site for the Services, which will be deemed adequate service of notice / electronic record. You would typically receive a confirmation e-mail upon registering on the Site and general reminders thereafter.
The company may also occasionally collect information by using online surveys and promotions, wherein you will not be compulsorily required to participate in these surveys, and you may opt-out from even receiving requests to enter such surveys.
The company may also offer a channel for marketing communication from providers and other e-commerce, e-trading and/or e-business service providers.
You can send an e-mail to us in case erroneous data is stored in respect of your account, and we shall rectify/ update the same.
Intellectual Property
The content which is viewed on the Site (including all video, audio, graphics, text, images, photographs, user interface and all other content and the selection, coordination, and arrangement of such content (“Content”)) the Company and/or Company’s licensors expressly reserve all intellectual property rights with respect to the same. Access to this site does not confer and shall not be considered as conferring upon anyone any licence under any of the Company’s or any third party’s intellectual property rights. All rights, including trademarks, copyright, patents, designs, etc. in this site are owned by or licensed to the Company.
Any use of this site or use of the Content including copying or storing it or them in whole or any part thereof, except for your own personal use and non-commercial use is prohibited, without the prior written permission of the Company. You may not modify, distribute anything on this site for any purpose.
Company (or company’s affiliates or licensors or third parties) own all the rights in the product names, company names, trade names, logos, product packaging and designs(“Trademarks”) that appear on the Site and Company or such affiliates or licensors or third parties, as the case may be, own all the Trademarks in their respective products or services, whether appearing in large print and with or without the trademark symbol. Unauthorized use of any such trademarks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under applicable law in India and other jurisdictions. The user is expressly prohibited from using or misusing any Trademarks, except as expressly provided in these Terms, and nothing otherwise stated or implied in the Services confers on the User any licence or right to do so.
The Third Party Content on the Site is directly uploaded onto the site by third parties without any intervention from Company in the uploading/transmission process. The company’s role is that of an ‘intermediary’ as defined under the Information Technology Act, 2000 and the rules thereunder, with regard to the Third Party Content. Being an intermediary, the Company has no responsibility and/or liability in respect of any Third Party Content on the Site, including for intellectual property rights infringement, defamation, obscenity or any other violation under applicable law. The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If the User(s) decide to link to any such third-party websites, User(s) do so entirely at his/her own risk.
General Conditions
The Company grants the User the permission to use this Site and the Services as set forth in these Terms and Conditions. By agreeing to use this Site and the Services-
User confirms and warrants that all the information provided by the User, either while registering on this Website or while availing the Services provided by this Website, is true, correct, complete and accurate.
User(s) shall use Services facilitated/ provisioned by the Company and/or the Payment Gateway service facilitated/ provisioned by the Payment Gateway Service Providers and/or enquiry/request services facilitated/ provisioned by the Participating Website/s, its affiliates, consultants and contracted/ participating companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site;
User(s) is accessing the Site and availing the Services offered by the Company, at his/her/its/their sole risk and is/are using his/her/its/their best and prudent judgment before availing the Services.
The User acknowledges consents and agrees that the Company may access or disclose User information subject to the Company’s Privacy Policy, if required to do so by law or if such access or discloser is necessary to a) comply with any legal process, b) enforce Terms and Conditions or c) respond to Users Request.
The Company shall be under no liability whatsoever, in the event of non-availability of this site or any part thereof occasioned by Act of God, war, disease, pandemic, epidemic, strike, lockout, lockdown, riot, civil unrest, flood, satellite failure, an event of force majeure or any other cause beyond the control of the Company.
The User shall hold the Company harmless for any damage done to the computer or any other device of the User(s) due to any technical problem or traffic/ congestion on the Site of the Company.
The User agrees that the Company is the exclusive owner of all the rights attributable to this Site and the Services thereof. The User further agrees that the Content on this site is protected by copyright, trademark and other intellectual property rights.
The User represents and warrants that he/she will not misuse the Content or Services available on this site by illegal means, or infringe any of the Company’s copyright, trademark or any other intellectual property right(s). The User further undertakes that he/she will not copy/ record any of the Content or Service available on this Website by means of any software, spyware, etc. for any purpose whatsoever.
The User hereby waives of his/her claims, if any, based on the detrimental effects or results of any reliance placed by the User on any information, content or data available on this site.
If the User is a parent or legal guardian of a minor child, and have allowed their minor child to use this Website and the Services thereof, then such User shall be solely responsible for –
- Monitoring the access and use of this Website done by the minor;
- Online conduct of the minor child;
- The consequences of any act of the minor.
- Strictly Prohibited Conduct
- While using this Site and enjoying the Services provided by this Site, the User shall strictly adhere to the following conditions-
- The User shall not display, upload, modify, publish, transmit, update or share information belonging to another person, to which the User has no right of any nature whatsoever;
- The User shall not post any information that infringes any trademark, copyright or any other intellectual property right on this site.
- The User shall not upload or transmit any information or code that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the performance of the Site and its Services.
- The User shall not display, upload, modify, publish, transmit, update or share information that threatens the unity, integrity, security or sovereignty of India or disrupts public order or abets the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- The User(s) shall not transmit any material that encourages or constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice/ conduct;
- The User represents and warrants that any post or comment made by the User on this site does not violate any private right, publicity right or intellectual property rights of any party.
- The User(s) shall not interfere with any other person’s use or enjoyment of the Site;
- User Reviews, Comments and Other Material
- You may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post“) only reviews or comments or photos or videos on the Site (collectively, “User Material“). As it concerns User Material, without prejudice to Your obligation to otherwise comply with applicable laws during the course of using the Services, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Site or Services.
- You agree that the Company shall have the right but have no obligation, to monitor User Material and to restrict or remove User Material that the Company may determine, in its sole discretion, is inappropriate or for any other reason. You acknowledge that the Company reserves the right to investigate and take appropriate legal action against anyone who, in the Company’s sole discretion, violates these Terms, including, but not limited to, terminating their account, terminate, suspend, limit, or use of the Services or access to Content and/or reporting such User Material, conduct, or activity, to law enforcement authorities, in addition to any other available remedies under law or equity. In addition to the restrictions set forth above, You must adhere to the below terms and conditions and not host, display, upload, modify, publish, transmit, update or share any information /material/User Material that:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harm minors in any way;
- infringes any patent, trademark, design, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
Threatens the unity, integrity, defence, 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. You also represent and warrant that the Posting of Your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights.
You acknowledge that the User Material is not confidential and that You have no expectation of privacy in it.
In no event does the Company assume any responsibility or liability whatsoever for any User Material, and You agree to waive any legal or equitable rights or remedies You may have against the Company with respect to such User Material.
This site may contain articles contributed by several individuals. The views are exclusively their own and do not represent the views of the Company, affiliates and/ or its management. All liability in respect of the above is excluded to the extent permitted by law including any implied terms. Indian law and jurisdiction apply with respect to the contents of this site.
Third-Party Links
Certain content, products or services available on this site may include materials from third parties. Third-party links on this site may direct the user to a third-party website that is not affiliated with the Company. The Company is not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. The Company is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The User shall review carefully the third party’s policies and practices and understand them before he/she engages in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party itself.
Disclaimer of Warranties
The User agrees that the products are neither a medicine nor a substitute to medicine or intent to cure any disease.
To the fullest extent permitted by law, the Company disclaims guarantees regarding the accurate listing of information pertaining to the Services and the products offered by the Company. User(s) understands that there may be errors in the information pertaining to the Services. Under no circumstances shall the Company be liable for any consequential, special, indirect, exemplary or punitive damages (including without limitation loss of profits, revenue, interest, goodwill, etc.) whether in contract, tort (including negligence) or any other legal theory, even if advised of the possibility of such damages.
User(s) understand that Company cannot and does not guarantee or warrant that the Site in general, its Contents and any records created by User(s), will operate error-free or that the Site or its server/s are free of computer viruses, other harmful items, infection, worms, Trojan horses or other code/s that manifest contaminating or destructive properties or that it will be available to User(s) at any time. If your use of this Site and/or the Contents hereof result in the need for servicing or replacing Users data, the Company is not responsible for any such costs, incurred by User(s).
Limitation of Liability
In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, principals, or licensors be held liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from the Users’ use of the Services or any content or material thereof provided on this site or for any other claim related in any way to the Users’ use of the Services or any content or material thereof provided on this site, including but not limited to, any errors or omissions in any content or material or any loss or damage of any kind incurred as a result of the use of the Services or any content or material thereof, even if advised of their possibility. Where the laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, the Company’s liability shall be limited to the extent permitted by law.
Indemnity
The User agrees to indemnify defend and hold harmless the Company, Payment Gateway Service Provider, its parent, subsidiaries, affiliates, officers, directors, employees, service providers, contractors, licensors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses, including but not limited to attorney’s fees, arising from the User’s use and access to this Site and its Services; resulting from or alleged to result from, the User’s violation of these Terms and Conditions; the User’s violation of any third party right, including without limitation any copyright, property, or privacy right; and the User’s breach of any applicable laws.
If User(s) is/are dissatisfied with any of the Services offered by the Company or other Contents of this site or with these Terms & Conditions, Users sole and exclusive remedy for dissatisfaction with the Company is to discontinue the use of this Site and the Services.
This indemnification obligation will survive the expiry or termination of these Terms and Conditions.
Governing Law
These Terms and Condition and the relationship between the User and the Company shall be governed by the laws of India without regards to its conflict of law principles and for the purpose of resolution of any dispute, arising out of the use of the Site and its Services by the User, between the User and the Company. Notwithstanding the foregoing, the User agrees that the Company has the right to bring any action/proceedings(s) against the User before any court or forum of competent jurisdiction and the User irrevocably submits to the jurisdiction of such court or forum.
Severability
If any provision/clause of these Terms and Conditions is held invalid, void, or unenforceable, then such provision shall be considered several from the remaining provisions, and the remaining provisions shall be given full force and effect.
Revision(S) / Amendment(S)
The Company reserves the right to update, revise, supplement and otherwise modify these Terms and Conditions, at any time or from time to time, to impose new or additional rules, policies or terms and conditions. All the revisions and amendments shall be posted on this site and shall be construed to be effective immediately after such posting and thereafter shall be deemed to have been incorporated into these Terms and Conditions. User’s continued use of this Site and its Services will be deemed to constitute as User’s acceptance of such revisions or amendments.
Termination
If the Company, in its sole discretion, determines that the User has breached the terms of these Terms and Conditions or has violated any rule, law or regulation or is engaged in any illegal activity or inappropriate conduct, the Company shall, in its sole discretion, have the right to immediately restrict such User from using this Site and the Services provided on this Website, without notice or liability.
Entire Agreement
These Terms and Conditions and Privacy Policy shall constitute the entire agreement between the User and the Company governing the User’s use of this Site and its Services, superseding any prior agreements between the User and the Company in this regard.
Support
If the User has any questions, complaints or claims with respect to any of the Services, then such correspondence should be directed to customercare@entrepower.in.
Miscellaneous Terms
Nothing contained herein shall be deemed or construed by the Parties nor by any third party as creating a relationship of a partnership or a joint venture or an owner and an agent, it is understood and agreed that neither any provision contained herein nor any act of the Parties hereto, shall be deemed to create any relationship between the Parties hereto, other than as contemplated herein i.e. Company (being the provider of the Services) and You (being the ‘User(s)’).
You agree that you may not and will not hold yourself out as a representative, agent, or employee of the Company and Company shall not be liable for any representation, act or omission on your part.
The Company does not preview what people say on community forums and blogs, but, if the Company finds that you are using such forums in ways that do not support the original purpose of the Company, the Company will prevent you from using the Services and/or the Site generally. The Company regards the items listed herein as the guidelines for your behaviour while enquiring/ requesting/ availing the services through the Site generally.
The details herein may change over a period of time as the Company may add additional services and form relationships with new business channel partners. In case the Company makes changes to these Terms & Conditions mentioned herein, the Company shall update such revisions/ alterations/ modifications on the Site.
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 Rules and Regulations, and Terms and Conditions for access or usage of the website www.entrepower.in.