TERMS & CONDITIONS
Eqiru provide its services to you subject to the terms & conditions given here under.
Please read the Terms of Use carefully before using or registering on the website or accessing any material, information or services through the website. Your use of the website or the services provided by the website shall signify your acceptance of the Terms of Use and your agreement to be legally bound by the same.
Definitions
"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
"eqiru" / "eqiru.com" / "website" means the online shopping platform and the services provided by it owned and operated by eqiru which provides platform to its users to buy the products listed on Eqiru.
"Product/s" means and includes any goods/merchandise/products/services/offers/display items that are uploaded/showcased/displayed on eqiru.com and the related description, information, procedure, processes, warranties, delivery schedule, etc.
Electronic Communication
When you visit eqiru.in or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of warranties and limitation of liability
Eqiru has made this service available to use as a matter of convenience. Eqiru expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. Eqiru also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Eqiru does not warrant that this site, its servers, or e-mail sent from Eqiru are free of viruses or other harmful components. Eqiru will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of Eqiru is provided on an "as is" basis without warranties of any kind, whether express or implied. Eqiru does not represent or warrant maintaining the confidentiality of information; although Eqiru current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after sales services, implied or express, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor
Eqiru does not endorse in anyway any advertisers/ contents of advertisers on its web pages or other communication.
Eqiru will not be responsible for any damage suffered by Users from use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Eqiru assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website.
Any interruption or errors in the operation of the Website. You expressly understand and agree that Eqiru shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Eqiru has been advised of the possibility of such damages)
User agrees and acknowledges that User shall be solely responsible for User's conduct and that Eqiru reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall Eqiru, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Eqiru sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Eqiru therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
Eqiru shall not be liable for any delay / non-delivery of purchased goods due to flood, fire, wars, acts of God or any cause that is beyond the control of Eqiru.
All prices, unless indicated otherwise are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Eqiru and orders can be cancelled if the product goes out of stock. Eqiru reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published.
In a credit/debit card transaction, you must use a credit /debit card that is issued in the name of the User. Eqiru will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to 'prove otherwise' shall be exclusively on the User.
Any request for cancellation of orders once duly placed on the site, shall not be entertained.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Eqiru for re-delivery shall be claimed from the User placing the order.
Presently, the service(s) of Eqiru Shopping are being offered free. However, Eqiru reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes. Eqiru reserve the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
Use of the Eqiru website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Eqiru website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Eqiru website and shall not purchase any items. As a minor if you wish to purchase an item, such purchase may be made by your legal guardian or parents who have registered as users of the Eqiru website or can use the Eqiru website as a Guest User. Eqiru reserves the right to terminate your registration and refuse to provide you with access to the Eqiru website if it is brought to Eqiru notice or if it is discovered that you are under the age of 18 years.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
Trademark
The logo / image of Eqiru on the home page of the website & other pages and as used in the communication to the User is registered by Eqiru and cannot be used or communicated or distributed without the specific and written permission of Eqiru.
License and Site Access
Eqiru grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in case Eqiru gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Eqiru. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Eqiru.in without express written consent. You may not use any meta tags or any other "hidden text" and Eqiru name or trademarks without the express written consent of Eqiru. Any unauthorized use terminates the permission or license granted by Eqiru. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Eqiru as long as the link does not portray Eqiru or its products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any Eqiru logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password. Eqiru does sell products for children, but it sells them to adults, who can purchase with a credit card or otherwise. If you are under 18, you may use Eqiru only with involvement of a parent or guardian or otherwise, Eqiru has the right to cancel any order or service to the User. Eqiru reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Eqiru reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Eqiru is associated with various business partners for the supply and service of goods directly to the customers. Eqiru is a marketplace for the products with its business partners. The after sales service and warranty for the products sold by our business partners, as duly applicable, for the respective products, will be taken undertaken and handled by the respective business partners or through their respective service centres.
Reviews, Comments, Communications, and other Contents
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Eqiru reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Eqiru a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Eqiru and sub-licenses the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Eqiru for all claims resulting from content you supply. Eqiru has the right but not the obligation to monitor and edit or remove any activity or content. Eqiru takes no responsibility and assumes no liability for any content posted by you or any third party.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to Eqiru, Eqiru may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if: The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of Eqiru; The user has provided wrong, inaccurate, incomplete or incorrect information; The user attempts to defraud Eqiru by using the functionalities on the website; Your actions may cause any harm, damage or loss to the other Users or Eqiru; Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the Eqiru site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
Risk of Loss
All items purchased from Eqiru are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier.
Product Description
Eqiru attempt to be as accurate as possible. However, Eqiru does not warrant that product descriptions or other content or prices/amounts of this site is accurate, complete, reliable, current, or error-free. If a product offered by Eqiru itself is not as described, your sole remedy is to return it in unused condition.
Pricing
Except where noted otherwise, the Selling Price/MRP/MOP/List Price displayed for products on our website represents the full retail price listed on the product itself, suggested /offered or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The Selling Price/MRP/MOP/List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set/pack/combo/arrangement, the Selling Price/List Price may represent "open-stock" prices, which mean the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set/pack/combo/arrangement. The final price that will be applicable to a user for purchase and payment will be as per the price that is displayed in the shopping cart of the customer which can be inclusive or exclusive of any other charges in terms of the usage of the website.
Material Submitted by Users
Certain elements of the site will contain material submitted by users. Eqiru accepts no responsibility for the content, accuracy, conformity to applicable laws of such material.
Advertising Material
Part of the site contains advertising/other material submitted to Eqiru.in by third parties. Responsibility for ensuring that material submitted for inclusion on the Site complies with applicable International and National law is exclusively on the advertisers and Eqiru will not be responsible for any claim, error, omission or inaccuracy in advertising material. Eqiru reserves the right to omit, suspend or change the position of any advertising material submitted for insertion. Acceptance of advertisements on the Site will be subject to Eqiru terms and conditions which are available on request.
Indemnity
You shall indemnify and hold harmless Eqiru, its subsidiaries, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement and Terms and Conditions or your violation of any law, rules or regulations or the rights of a third party.
Data Protection
Eqiru may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our Privacy Policy.
Force Majeure
Eqiru shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Arbitration
If any dispute arises between you and Eqiru during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Eqiru. The place of arbitration shall be Belgaum. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
Applicable law
This site is created and controlled by Eqiru. The laws of India shall apply and courts in Belgaum shall have jurisdiction in respect of all the terms, conditions and disclaimers. Eqiru reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of Eqiru. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.