PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
www.ensensperfumery.in (HEREINAFTER REFERRED TO AS “WEBSITE”) IS AN ONLINE SHOPPING WEBSITE OWNED AND OPERATED BY ENSENS PERFUMERY PRIVATE LIMITED, A COMPANY INCORPORATED UNDER COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT NO. 6A GOVINDAN STREET, CHENNAI, TAMIL NADU – 600030(HEREINAFTER REFERRED TO AS “ENSENS”, “WE”, “US” OR “OUR”).
THIS DOCUMENT IS A LEGALLY BINDING DOCUMENT BETWEEN REGISTERED OR UNREGISTERED USER OF THE WEBSITE (HEREINAFTER REFERRED TO AS “YOU”/ “YOUR”/ “USER”) AND US IN RELATION TO THE USE OF THE “WEBSITE AND SET FORTH THE TERMS AND CONDITIONS BY WHICH YOU MAY ACCESS AND USE THE WEBSITE AND OUR RELATED WEBSITES, SERVICES, APPLICATIONS, TOOLS, PRODUCTS AND CONTENT (COLLECTIVELY, THE “SERVICES”). THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE “I AGREE” TAB OR BY USE OF THE WEBSITE AND/OR BY CREATING AN ACCOUNT AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND US FOR YOUR USE OF THE WEBSITE AND THE SERVICES RENDERED THEREIN.
THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES FRAMED THEREUNDER, 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 CONSUMER PROTECTION ACT 2019 AND CONSUMER PROTECTION (E-COMMERCE) RULES 2020 AND THE AMENDMENTS THEREON THAT REQUIRE PUBLISHING INTER ALIA THE TERMS AND CONDTIONS AND POLICIES FOR THE SALE OF GOODS AND SERVICES.
PLEASE READ THIS DOCUMENT CAREFULLY. BY USING THE APPLICATION, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS DOCUMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS DOCUMENT, PLEASE DO NOT USE THIS WEBSITE. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO US AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF THE INFORMATION TECHNOLOGY ACT, 2000 TO ACCESS AND USE YOUR PERSONAL DATA THAT YOU HAVE VOLUNTARILY PROVIDED TO US IN CONNECTION WITH THE USE OF THE PLATOFRM AND THE SERVICES.
HENCE THE USER HERETO AGREES AS FOLLOWS:
- “Affiliates” shall mean ENSENS directors, agents, officers, employees, agents, affiliates, successors, assigns, managers, members, subsidiaries, partners, attorneys and service providers. “Account” shall mean an account that a User creates while registering on the Website for a personalized access to any of the Services on Our Website, which requires such User to provide their Account Information.
- “Account Information” shall mean Your basic information such as name, address, contact details, email ID etc., and may also include Your Personal Data (defined below).
- Confidential Information means all information disclosed by one party to the other party which is in tangible form and labelled “confidential” (or with a similar legend) or which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure.
- “Content” shall mean Services, information, text, graphics, music, sounds, images, logos, button icons, software code, interface, design and the collection, arrangement, and assembly of the content on the Website or any of the other Services owned by ENSENS or its affiliates or relevant third party.
- “Intellectual Property” shall mean all copyrights, patents, trademarks, moral rights, service marks, logos, registered designs, domain and sub-domain names and utility models, inventions, brand names, database rights, software, know-how, programming (including source code) and business names and any similar rights of whatever nature situate in any country and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or unregistered, whether now or hereinafter existing and including applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world).
- “Law” or “Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, judgments, decrees, directives and orders of any governmental authority, tribunal, board, a court, in India.
- “Login Credentials” shall mean the login credentials of You as a User of the Website such as username, and password that enable You to use the Services in Our Website or any third-party account that You use for logging in Our Website.
- “Payment Method” shall mean online payments including but not limited to credit card, debit card, net banking, digital wallets, or other payment options through the designated online payment gateway service providers as made available by the Us from time to time.
- “User” shall mean any individual or any legal entity that operates in India or in other countries but shall always be persons who are competent to enter into a contract in accordance with the relevant provisions of Indian Contract Act, 1872. Hence, a minor (i.e., below the age of 18 years) shall not be entitled to avail the Services of the Website in any manner whatsoever.
- OUR PRODUCTS AND SERVICES
- We, Our Affiliates, successors or assigns owns and operates the Website and offers the sale of a wide range of perfumes (Eau De Parfum) directly distributed by Us (“Products”) via the Website from time to time as part of Our Services.
- The Products that We offer may have limited quantities and are subject to return or exchange only according to our return and exchange policy given below.
- We take our reasonable efforts to accurately display the images and colors of the Products in Our Website. However, We cannot guarantee that accuracy of Your device’s/system’s screen’s display.
- We reserve the right to limit the sales of the Products to particular territory and also to limit the quantities of any Products that we offer. We also reserve the right to discontinue the sale of any Product at any time.
- USER REGISTRATION AND USER’S CONSENT
- You shall also use the Login Credentials of the account maintained by the User with Our integrated third-party (eg. Google or Yahoo or Facebook), in which case you shall also be subject to relevant third-party terms and conditions applicable to such account.
- You acknowledge and agree that the Registration Data provided by You while setting up the Account is accurate, current, and complete and that You will maintain and update Your Registration Data to keep it accurate, current, and complete. You acknowledge that if any Registration Data provided by You is untrue, inaccurate, not current, or incomplete, We reserve the right to indefinitely suspend or terminate or block access of Your Account on the Website.
- While creating the Account, You agree:
- to restrict access by any other person or entity to Your password or other Login Credentials.
- to not knowingly use the name or email of any other person without authorization,
- to not use an email or profile name that is profane, offensive, or otherwise inappropriate
- to not allow any third party to use Your login information, Registration Data or Account,
- to notify Us of any activities in your Account even if such activities are not committed by You
- We may modify or add to the Registration Data information fields required to create an Account from time to time. You agree to promptly complete any such additional or modified information fields when and as requested by Us. In some cases, You will also need to update Your Account and/or operating system settings to allow Us to access Your other details including but limited to the address book/contacts and enable the geolocation and camera/microphone functions. Your registration with Us is subject to Our confirmation and will become valid when We either confirm Your registration or activate Your Account.
- Third Party Communications.
While registering the Account in Our Website, You provide Us with Your contact details including Your email address. You hereby affirmatively consent to the use of Your email address for notifications from Us regarding important service announcements and other administrative communications related to Your use of the Website. You may opt out of receipt of notifications.
- Termination or Deletion of Account.
If We terminate, limit, or suspend Your right to use the Website, You are prohibited, without Our prior written consent, from registering and creating a new Account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.
You may delete Your Account at any time, for any reason, through the “Delete” option in the Website. However, You must note that We reserve the right to retain Your Registration Data in an anonymous form, and any other information provided on an “as-is” basis as part of statutory requirement.
- You acknowledge and give Your full and unconditional consent to:
- Your Account Information being permanently retained on a computer database that shall be maintained, owned, and controlled by Us.
- Your Account Information being shared with Our partners, licensors, and affiliates.
- Receive from Us Telephone calls, text messages regarding Our Services, including promotional calls and messages regarding Our Services, and updates to Our Products, provided You provide Your mobile number or any other contact information (“Mobile Contact Number”) while creating an Account or interacting with Us.
- USER CONDUCT WHILE ACCESSING/USING THE WEBSITE
- You agree to not use the Website to:
- impersonate, or falsely state or otherwise misrepresent Your affiliation with any person,
- infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email or otherwise make available or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges or to utilize the service on an as is basis as provided by Us;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities, any rules of any Indian securities exchange and any regulations having the force of law; commit any fraudulent or unlawful act, whether in relation to any third-party provider of Products and services on the Service or otherwise.
- Further, You shall not:
- (i) use any Product or service available on the Website for commercial purposes of any kind, or (ii) advertise or sell any Products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (iii) use the Website and / or Services in any way that is unlawful or harms Us or any other person or entity.
- Collect or store personal data about any other Users in connection with the prohibited conduct and activities set forth in paragraph 4.1 above.
- You agree and acknowledge that We shall consider the User as fraudulent or caused loss to business due to fraudulent activity, if You (a) fail to state adequate information during the payment details verification; (b) do not respond to the payment verification mail sent by Us; (c) use invalid address, email, and phone number; (d) return the wrong Product; (e) refuse to pay for an order; (f) Repeat request for monetary compensation for fake/used order; (g) with the sole intention to cause loss to business/revenue to Us.
- Further, You acknowledge that We may cancel any order that is bulk/fake under certain criteria at any stage of the Product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the following criteria, and any additional criteria as defined by Us:
- Products ordered are not for self-consumption but for commercial resale;
- Multiple orders placed for same Product at the same address and depending on the Product category;
- Bulk quantity of the same Product ordered (the bulk quantity may vary from Product to Product)
- Invalid address given in order details;
- Any malpractice used to place the order;
- Any order placed using a technological glitch/loophole.
- You agree to not use the Website to:
- OUR PRICING AND PAYMENT POLICY
- We allow authorisation of payment on Our Website through the following online payment gateway solution/service provider:
- Razorpay(hereinafter referred to as “Online Payment Gateway Solutions”)
- We accept following payment methods through the above-mentioned payment services:
- Credit Cards: Domestic and International Visa, MasterCard, and American Express credit cards.
- Debit Cards
- Net banking
- The pricing and the payment terms shall be in accordance with the following terms and conditions:
- Each Product displayed on our Website indicates the total price of the respective Product and the break price of the Product which includes any compulsory charges, delivery charges, postage and handling charges, conveyance charges, applicable taxes. The total pricing of the Products shall be displayed on the shopping bag page on the Website.
- We reserve the right to modify the price of the Products from time to time.
- The prices of the Products shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws for making payments to Us;
- To protect the rights of customers, We reserve the right to disable cash on delivery option for accounts which have high percentage of returns and shipments not accepted, of the number of orders placed through such accounts and to collect the price of such orders through other modes of payment.
- To make payment for any Product offered by Us through the Website, You must have internet access and must make the payment only through the current valid accepted Payment as method in Our pricing and payment policy.
- We do not store any of Your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the Services. By using a third-party payment provider, You agree to abide by the terms of such a payment provider. You agree that in case Our third-party payment provider stores any such information, We will not be responsible for such storage, and it will be solely at Your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by You due to the usage of such information will be solely a loss incurred by You, and We is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Website for a Product.
- When You make a purchase, You agree not to use an invalid or unauthorized payment method. If Your payment method failed while purchasing Our Product or if We did not receive any payment with respect to the Product You purchased, We reserve the right not to deliver the Product for which We have not received adequate payment.
- You agree, acknowledge, and understand that the payments will be processed through Our Online Payment Gateway Solutions. Hence, any payments made by You pursuant to the purchase of the Product shall be governed by the terms and conditions of the Online Payment Gateway Solutions and also Your bank issuing such payments. We shall not be liable for any payment failures or errors during the purchase of the Products owing to reasons including but not limited to (i) issuing bank’s system failure (ii) internet connectivity errors (iii)connection issues between Your bank, Online Payment Gateway Solution and Us (iv) unrecognized debit or credit card (v)incorrect bank login credentials (vi) accidental closing or refreshing of the payment page during the transaction (vii) any system/technical errors. However, We shall extend reasonable cooperation to You necessary for solving the payment failure and for purchasing the Product. Further, We shall not be liable for any amount debited exceeding the total price of the Product as displayed on the Website.
- In the event where Your order is not placed due to a payment failure, please contact Your bank for any assistance for the amount debited from Your bank account and also try placing Your order again in Our Website.
- We strive to provide accurate Product and pricing, however errors may take place. We cannot confirm the price of the Product until You make the order. Without limiting the generality of Clause 6(Cancellations, Refunds and Returns) below, if a Product is listed at an incorrect price or with incorrect information due to any technical error, We shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been delivered.
- Prices and availability of the Products and Services provided or offered on the Website are subject to change without prior notice and at the sole discretion of Us. We may revise and cease to make available any Product at any time.
- We allow authorisation of payment on Our Website through the following online payment gateway solution/service provider:
- You can cancel an order within one day of placing the order. However, you shall not be entitled to cancel the order if We have already dispatched the order. Any amount paid will be credited into the same payment mode using which the payment was made upon the cancellation of your order.
- If You have selected Cash on Delivery option to make the payment, no amount shall be refunded to You because You haven’t paid for Your order. For payments made via other payment options that We offer, You will receive refund into the source account within 7-10 working days from the time of order cancellation or within reasonable time prescribed by the Reserve Bank of India or any other competent authority under any law for the time being in force.
- RETURNS AND EXCHANGES
- We give You an option to exchange the Product purchased on Our Website in case (a) the package/bottle of the Product is tampered damaged, broken (b) wrong Product is delivered to You (“Defect’) within 7 days from date of delivery of the Product. The Product shall be returned to Us as received by You along with the tags, invoices, and other packaging. Further, We do not accept the exchange any Products if the Product is used by You upon delivery.
- Your exchange request shall be verified by Us. We may request you to provide necessary information including but not limited to the images of the Product received, unboxing video to ascertain the Defect prior to the exchange of the Product. The acceptance of the exchange request shall be at our sole discretion If We find Your request to be genuine, Our logistics partner will exchange of the Product within 7-10 days from the request of exchange.
- You acknowledge and agree that We reserve the right to refuse or cancel any exchange request that You have placed.
- You agree and acknowledge that We have the right to determine on Your exchange request at Our sole discretion. Our decision shall be final and binding on You and You agree not to hold us responsible for any refusal of Your exchange requests.
- In case of exchange where You would like Products to be picked up from a different address, the address can only be changed if pick-up service is available at the new address.
- Exchanges are only allowed for pin codes which are serviceable for an exchange.
- A single exchange request cannot be placed for multiple Products, and You are allowed to select single item for exchange. You can exchange multiple items at a time by initiating separate exchange request for each of the item.
- You agree and acknowledge that exchange may not be available for all the Products in our Website.
- In case there is a Defect in the Product You received, You can place a return request and not an exchange request on Our Website
- OUR SHIPPING AND DELIVERY POLICY:
- We shall put every effort to ship Our Products to You as early as possible.
- It may take 3-5 working days from the date of the order for Us to deliver the product to You.
- We levy a non-refundable delivery charge which shall be displayed for each Product. This may vary from Product to Product. The total delivery charge of Your order shall be displayed in Your shopping cart in the Website.
- We engage third party logistic service providers for the delivery of the Products to You. We shall not be liable for any delay in delivery of the Products which may be caused by such third -party logistic providers. Further, We shall not be liable for the loss or theft of the Products during transit. We shall provide You the details of the logistic partner who will deliver the Product to You through email/registered mobile number with the tracking number. The date of delivery provided by the delivery partner is only indicative and tentative in nature.
- While placing the order, You shall be prompted to give a shipping address. Please ensure to provide Us the correct, complete, and accurate information along with the pin code for the delivery of the products. We shall be, under no circumstance be liable for any failure in delivery of the purchased Product arising out of Your failure to provide Us with correct and complete shipping address.
- We shall take reasonable endeavors to ensure the timely delivery of the Products. The shipping and delivery timelines mentioned herein is approximate and We do not guarantee it. The delay in delivery might be caused due to changes in inventory or delivery capacity, extraneous factors including but limited to unsuitable weather, lockdowns, pandemics, political disruptions, act of God and other unforeseen circumstances. In such cases of delay, We shall intimate You through Your registered email ID/phone number.
- In case the Products are returned to Us after certain failed delivery attempts by Our logistic partners, the Products shall be retuned to Us. In case the payment of such returned Products is paid by You, such amount shall be refunded to You into the same payment mode using which the payment was made for purchasing the Products within 7-10 business days of receipt of the returned Products by Us.
- In case You have deadline to meet, please place Your orders early. We shall not be under any obligation to compensate You for any kind of delay, mental agony or tortuous claim that may arise due to the delay in the shipment and delivery.
- In case You are directly engaged with a logistics service provider for the delivery of the Product, We shall not be liable for any loss or damage caused to the Product while delivering the Product to You and there shall be no refund of the amount made.
- PERSONAL DATA PROTECTIONOur obligation for the use of Personal Data will be restricted within the scope of the purpose of collecting such Personal Data.
- REPRESENTATIONS AND WARRANTIES OF THE USER
- You represent and warrant to Us at all times that:
- You are at least 18 years of age at the time of accessing Our Website and availing the Services.
- You shall not avail any of the Services beyond the contemplated functionality of the Services.
- You shall not attempt to gain unauthorized access to any of the Services or any networks, servers or computer systems connected to the Services.
- You shall not avail any of the Services in a way that may damage or impair (i) the Services, or (ii) Our underlying systems and security.
- You shall not avail any of the Services in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.
- You shall not re-sell, in any medium, any part of the Products which You purchased from Our Website.
- You shall not use any intellectual property whether owned by Us or other third parties, including the copyrighted content displayed on the Website for any personal or third-party gain, without Our express consent.
- You shall not modify, adapt, translate or reverse engineer any part of the Services (e.g., by creating a shadow site or Website that mirrors the said Services, or substantially mirrors said Services).
- You agree to promptly notify and bring to Our notice in the event Your Mobile Contact Number is in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (“TRAI”), immediately after the Primary Registration.
- You understand and acknowledge the any calls, text messages that You receive from Us on Your Mobile Contact Number are not unsolicited calls or messages.
- You represent and warrant to Us at all times that:
Each Party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the Disclosing Party; (b) it shall not use Confidential Information of the other Party for any purpose except in furtherance of the Agreement; (c) it shall not disclose Confidential Information of the other Party to any third party, except to its employees, officers, contractors, agents and service providers on a need to know basis in connection with the Agreement, provided such permitted persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the Disclosing Party upon the termination of the Agreement or at the request of the Disclosing Party (subject to applicable law and, with respect to Us and Our internal record-keeping requirements).
Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the Receiving Party; (b) was possessed by the Receiving Party prior to the date of signing up on the Account without an obligation of confidentiality; (c) is disclosed to the Receiving Party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to applicable law, court order, subpoena or governmental authority, provided the Receiving Party notifies the Disclosing Party thereof and provides the Disclosing Party a reasonable opportunity to contest or limit such required disclosure.
- INTELLECTUAL PROPERTY
- All software used on the Website is Our Property and is protected by Indian and international copyright laws.
- You shall not re-utilise the contents of Our Website or systematically extract any part of the content, use any robots, data mining or extraction tools for reutilization of our Website. Further, You shall not create publish anything that features parts of our Website (for example Our Products and its prices) without our prior written permission.
- DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITYALL SERVICES ON ENSENS WEBSITE, OR A LINKED SITE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. ENSENS DISCLAIMS ALL WARRANTIES, GUARANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, COMPLETENESS, CORRECTNESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ENSENS DOES NOT WARRANT AND/OR GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. ENSENS WILL NOT BE LIABLE FOR ANY LOSS OR INJURY ARISING OUT OF, IN WHOLE OR IN PART, ENSENS’S CONDUCT IN DELIVERING SERVICES AND PRODUCTS. ENSENS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION TO LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR PRODUCTS OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE ENSENS SERVICES OR A LINKED SERVICES, OR WITH THE DELAY OR INABILITY TO USE THE ENSENS SERVICES OR A LINKED SERVICES, UNAUTHORISED ACCESS TO ALTERATION OF YOUR TRANSMISSION OF DATA, STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR ANY OTHER MATTER RELATED TO SERVICES EVEN IF ENSENS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.
YOUR USE OF THIS WEBSITE FOR AVAILING SERVICES IS AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USAGE, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO LOSS OF SERVICE OR DATA.
CERTAIN LINKS ON THIS WEBSITE IN RELATION TO THE SERVICES MAY LEAD TO WEBSITES, RESOURCES, OR TOOLS MAINTAINED BY THIRD PARTIES OVER WHOM WE HAVE NO CONTROL, INCLUDING, WITHOUT LIMITATION, THOSE MAINTAINED BY OTHER ENTITIES WITHIN ENSENS NETWORK OR INDIVIDUAL PERSONNEL OF SUCH ENTITIES. WITHOUT LIMITING ANY OF THE FOREGOING, WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OR GUARANTIES WHATSOEVER REGARDING SUCH WEBSITES, RESOURCES, AND TOOLS, AND LINKS TO ANY SUCH WEBSITES, RESOURCES, AND TOOLS SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF THEM OR THEIR CONTENT BY US.
PLEASE NOTE THAT WE ONLY PROVIDE OUR WEBSITE FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR WEBSITE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.\
WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THE DISCLAIMERS AND LIMITATIONS OF LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS OF USE SHALL BE APPLICABLE NOT ONLY TO US BUT ALSO TO EACH OTHER ENTITY WITHIN ENSENS NETWORK AND TO OUR, AND THEIR, RESPECTIVE PERSONNEL.
- You hereby indemnify, defend, and hold Us, Our Affiliates and Our Licensors, harmless from and against any and all losses, damages, liabilities, and costs arising from Your use of the Services and/or Your purchase of Products from the Website.
- FORCE MAJEUREWe be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, lockdown, pandemic, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of Us. You further acknowledge and agree that We are not responsible or liable for (a) any incompatibility between the Services and any other website, service, software, or hardware or (b) any delays or failures you may experience with any transmissions or transactions relating to the Services in an accurate or timely manner.
- GRIEVANCE REDRESSAL
Any complaints, abuse or concerns with regards to the use, processing and disclosure of Information provided by you or breach of these terms or any applicable law should immediately be informed to the designated Grievance Officer mentioned below:[ Please insert the name and details of the grievance officer]
- CUSTOMER CARE
If You have any queries, questions, comments, concerns, or feedback in relation to the Products or Services, You can reach Us out on our customer care number- 7305517633.
- Relationship between you and us:You confirm that You do not have an employment, contractor, agency, or partnership relationship with Us. We are merely providing You the Services on your request. Further, You are acting on either on Your own or behalf of another person, in the manner stated in the Agreement.