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Terms
and Conditions
Ganesha Online is a premium site for sending Unique Gifts from India or sending an Online Gift to India. These are the terms
and conditions governing your use of the website www.ganeshonline.com
(hereinafter referred to as "the Site") and constitutes your binding
obligations towards Ganeshsa Online Pvt Limited (hereinafter referred to as "Ganeshaonline") the owner of the Site ("Terms and Conditions"). By accessing, browsing and/or using this
Site, you acknowledge that you have read, understood, and agree, to be
bound by these terms and to comply with all applicable laws and
regulations. Ganeshaonline reserves its rights to amend, modify and/or
alter the Terms and Conditions written hereunder at any time by posting
the amended terms on the Site. Accordingly, all amended/modified and/or
altered terms shall have an immediate effect, the moment they are posted
on the Site and any subsequent use of the Site, shall be governed by such
amended, modified and/or altered terms. Accordingly, browsers and/or users
of this Site are advised to regularly check the Terms and Conditions, for
any amendments, modifications and/or alterations, which may be made from
time to time. If any of the Terms and Conditions shall be deemed invalid,
void or for any reason unenforceable, such Term/Condition shall be deemed
severable and shall not affect the validity and enforceability of any
remaining Terms and Conditions. Membership Eligibility Use of the
Site is available only to persons who are competent to enter into a
contract in terms of the provisions contained in the Indian Contract Act,
1872 ('Act'). Accordingly, persons incompetent to enter into a valid
contract in terms of the Act, shall not be capable to register as a member
on the Site and cannot purchase or bid for any items on the Site. If you
wish to purchase an item/product on offer on the Site such purchase may be
made by your legal guardian or parents, who have registered as users of
the Site. Ganeshaonline reserves its right to terminate your membership
and refuse to provide you with access to the Site, in the event,
Ganeshaonline suo-moto and/or upon investigation discovers that you are
incompetent to enter into a contract in terms of the aforesaid Act.
Individual's Account and Registration Obligations If you use the
Site, you are responsible for maintaining the confidentiality of your
account and Password and for restricting access to your computer, and you
agree and undertake to accept responsibility for all activities that occur
under your account or Password. You agree and undertake to: (a)
Provide true, accurate, current and complete information about yourself as
prompted by Ganeshaonline registration form (such information being the
"Registration Data") (b) You must not include any of your contact details
such as email addresses etc in your username; and (c) Maintain and
promptly update the Registration Data to keep it true, accurate, current
and complete. In the event, any information provided is untrue,
inaccurate, not current or incomplete or Ganeshaonline has
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, or not in accordance with the Terms and
Conditions, Ganeshaonline has the right to indefinitely suspend or
terminate your membership and refuse to provide you with access to the
Site.
Electronic
Communications Upon your visiting the Site and/or sending emails to
us, you are communicating with us electronically. You hereby consent to
receive communications from us electronically. However, Ganeshaonline may
under appropriate circumstances communicate through letters/fax/telephone
and or any other medium, which is commonly used as a medium of
communication between two person(s) to communicate. Use of the Site
You agree, undertake
and confirm that your use of the Site shall be strictly governed by the
following principles: (a) "Your Information" is defined as any
information you provide to us or other users of the Site ("Users") in the
registration, buying or listing process, in the feedback area or through
any e-mail feature. You are solely responsible for the Information you
have provided for, and we act on the information provided by you. (b)
Your Information: (i) shall not be false, inaccurate or misleading;
(ii) shall not be fraudulent; (iii) shall not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (iv) shall
not be obscene or contain pornography; (v) shall not contain any
viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or
other computer programming routines that may damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data
or personal information; (vi) shall not create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or other
suppliers; and (c) Solely to enable Ganeshaonline to use the
information you supply us with, so that we are not violating any rights
you might have in your Information, you agree to grant us a non-exclusive,
worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through
multiple tiers) right to exercise the copyright, publicity, and database
rights (but no other rights) you have in Your Information, in any media
now known or not currently known, with respect to Your Information.
Ganeshaonline will only use Your
Information in
accordance with the Terms and Conditions and Ganeshaonline's
Privacy Policy. (d) You shall not, either alone or in conjunction with
other Users, manipulate or attempt to manipulate the prices of any item
being sold and/or offered for sale on the Site. (e) You shall comply
with all applicable Domestic (including the provisions of any applicable
Exchange Control Laws or Regulations in Force) and International Laws,
Foreign Exchange Laws, Statutes, Ordinances and Regulations (including,
but not limited to Sales Tax, Income Tax, Octroi, Service Tax, Central
Excise, Custom Duty, Local Levies) regarding your use of our service and
your listing, purchase, solicitation of offers to purchase of items. You
shall not engage in any transaction in an item, which is prohibited by the
provisions of any applicable exchange control laws or regulations for the
time being in force. Disclaimer of Warranties and Liability All
information(s) and material(s) on this site are provided on an "AS IS"
basis, and are without guarantees or warranties of any kind, express or
implied. Ganeshaonline disclaims all responsibility for any loss, injury,
liability or damage of any kind resulting from and arising out of, or any
way related to: a) any errors in or omissions from the Web Site and its
content, including but not limited to technical inaccuracies and
typographical errors; b) any third party Web Sites or content therein
directly or indirectly accessed through links, if any, including but not
limited to any errors in or omissions there from; c) your use of the
Site. Under no circumstances, Ganeshaonline nor any of its directors/
employees/ representatives accept any liability legal or otherwise for any
direct or consequential loss arising from the use of the information/data,
material contained in the Web Site to any User for: a) loss, injury,
claim, liability or damages of any kind resulting from the use of or the
inability to use the information(s) and material(s) in the Web Site;
b) special, direct, incidental, punitive, exemplary or consequential
damages of any kind whatsoever in any way due, resulting from or arising
in connection with the use of or the inability to use the Web Site or its
content / information(s) and materials; and claim attributable to errors,
omission or inaccuracies in or destructive properties of any
information c) You expressly agree that your use of the Site is at your
sole risk. Copyright and Trademarks
Unless otherwise
stated, copyright and all intellectual property rights in all products
offered on the Site (including but not limited to text, audio, video or
graphical images), trademarks and logos appearing on this site are the
property of Ganeshaonline affiliates and associates and are protected
under applicable Indian Laws. Any infringement shall be strongly defended
and pursued, to the fullest extent permitted by law. IPR of Third Party
In the event, at any point of time we would have inadvertently and
unknowingly infringed the IPR of any owner, the owner in the said IPR is
requested to notify us about the infringement, we assure you of immediate
action thereof. Advertising Material The Site may contain
advertising and other material submitted to Ganeshaonline by third parties.
Advertisers are responsible for ensuring that material submitted for
inclusion on the Site complies with applicable International and National
law. Ganeshaonline, will not be responsible for any advertiser's claim,
error, omission or inaccuracy in advertising material, and 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 Ganeshaonline terms and conditions. Limitation of
Liability In no event shall Ganeshaonline or its suppliers be
liable for any direct, indirect, incidental, special, incidental,
consequential or exemplary damages, including but not limited to, damages
for loss of profits, goodwill, use, data or other intangible losses
arising out of or in connection with the Site, its services or this
agreement (however arising, including negligence).
Ganeshaonline's liability in any circumstance is limited to
the amount of fees, if any, paid by you to Ganeshaonline, its associates and partners make no representations or Warranties about the accuracy, reliability, completeness, currentness
and/or timeliness of any content, information, software, text, graphics,
links or communications provided on or through the use of the Site or that
the operation of the Site will be error free and/or uninterrupted.
Consequently, Ganeshaonline assumes no liability, whatsoever for
any monetary or other damage suffered by you on account of (i) The
delay, failure, interruption, or corruption of any data or other
information transmitted in connection with use of the Site; and/or (ii)
Any interruption or errors in the operation of the Site. You expressly
understand and agree that Ganeshaonline 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
Ganeshaonline has been advised of the possibility of such
damages).
Indemnity You
agree to indemnify and hold us and (as applicable) our parent,
subsidiaries, affiliates, officers, directors, agents, and employees,
harmless from any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of your breach of the Terms
and Conditions or the documents it incorporates by reference, or your
violation of any law or the rights of a third party. Relationship
None of the provisions of the Terms and Conditions shall be deemed to
constitute a partnership or agency between you and Ganeshaonline
and you shall have no authority to bind Ganeshaonline in any
manner whatsoever. Governing Law The Terms and Conditions shall be
governed and construed in accordance with the laws of India. Our
Privacy Policy
Ganeshaonline respects
your privacy. The information provided by you on the Site (for e.g in the
Registration details) are only collected, stored and used for defined
purposes. We use your information to support and enhance our relationship
with you, for example, to process your purchase, provide service and
support, and share products on offering with you. We do not sell your
personal information. We only share your personal data outside the
Ganeshaonline family with your consent, as required by law or to
protect Ganeshaonline, its customers, or the public. At any time you may
contact Ganeshaonline with any privacy questions or concerns you may
have. We strive to ensure a high level of security and
confidentiality
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