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This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the 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.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Gauahargeous Website is available only to persons who can enter into a legally binding contract 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 Gauahargeous Website. If You are a minor i.e. under the age of 18 years, you shall not register as a member of the Gauahargeous and shall not transact or use Gauahargeous website. As a minor if You wish to use or transact on Gauahargeous, such use or transaction may be made by your legal guardian or parents who have registered as users of the Gauahargeous. Gauahargeous reserves the right to terminate your membership and refuse to provide You with access to the Gauahargeous if it is brought to Gauahargeous's notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Gauahargeous, You agree and understand that You are communicating with Gauahargeous through electronic records and You consent to receive communications via electronic records from Gauahargeous periodically and as and when required. Gauahargeous may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on the Gauahargeous is free. Gauahargeous does not charge any fee for browsing and transacting on Gauahargeous. However, Gauahargeous reserves the right to charge fee and change its policies from time to time. In particular, Gauahargeous may at its sole discretion introduce new services and modify some or all of the existing services offered on the Gauahargeous. In such an event Gauahargeous reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on Gauahargeous. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Gauahargeous.
Use of Website
You agree, undertake and confirm that your use of Gauahargeous shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which You do not have any right to; or
(b) that 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 whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; or
(c) misleading in any way; or
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; or
(e) harasses or advocates harassment of another person; or
(f) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; or
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
(h) infringes upon or violates any third party's rights, (including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity]; or
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; or
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); or
(l) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; or
(m) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; or
(n) contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor; or
(o) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
(q) solicits gambling or engages in any gambling activity which Gauahargeous, in its sole discretion, believes is or could be construed as being illegal; or
(r) interferes with another user's use and enjoyment of the Gauahargeous Website or any other individual's user and enjoyment of similar services; or
(t) harm minors in any way; or
(u) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; or
(v) violates any law for the time being in force; or
(w) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
(x) impersonate another person; or
(y) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal identifiable information; or
(z) 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 to any other nation; or
(aa) shall not be false, inaccurate or misleading; or
(ab) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
(ac) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Gauahargeous reserves the right to bar any such activity.
I. You shall not attempt to gain unauthorized access to any portion or feature of Gauahargeous/ Website, or any other systems or networks connected to Gauahargeous Website or to any Gauahargeous's server, computer, network, or to any of the services offered on or through Gauahargeous Website, by hacking, password "mining" or any other illegitimate means.
II. You shall not probe, scan or test the vulnerability of Gauahargeous Website or any network connected to Gauahargeous Website nor breach the security or authentication measures on Gauahargeous Website or any network connected to Gauahargeous Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Gauahargeous Website, or any other customer of Gauahargeous, including any Gauahargeous account not owned by You, to its source, or exploit Gauahargeous Website or any service or information made available or offered by or through Gauahargeous Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Gauahargeous Website.
III. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Gauahargeous Website or Gauahargeous's systems or networks, or any systems or networks connected to the Gauahargeous Website.
IV. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
V. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Gauahargeous on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
VIII. From time to time, You shall be responsible for providing information relating to the items or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such items or services so as to mislead other Users in any manner.
X. You understand that Gauahargeous has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Gauahargeous Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You hereby expressly authorize us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
XII. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through Gauahargeous, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. Gauahargeous shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on Gauahargeous.
XIII. It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Gauahargeous and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to your use of Gauahargeous, and that the recipient may use such information to harass or injure You. Gauahargeous does not approve of such unauthorized uses but by using the Gauahargeous Website You acknowledge and agree that Gauahargeous is not responsible for the use of any personal information that You publicly disclose or share with others on Gauahargeous. Please carefully select the type of information that You publicly disclose or share with others on Gauahargeous, or from Gauahargeous on other social platforms (eg, but not limited to Facebook).
XIV. Gauahargeous shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
" All product shown are for illustration purpose only. Actual product may vary due to product enhancement. "
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Gauahargeous is owned, controlled or licensed by or to Gauahargeous, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Gauahargeous products and services purposely made available by Gauahargeous for downloading from the Site, provided that You
(1) do not remove any proprietary notice language in all copies of such documents; or
(2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
(3) make no modifications to any such information; or
(4) do not make any additional representations or warranties relating to such documents.
Gauahargeous does not take responsibility or liability for the actions, products, content and services on Gauahargeous website, which are linked to Affiliates and / or third party websites using Gauahargeous APIs or otherwise. In addition, Gauahargeous may provide links to the third party websites of affiliated companies and certain other businesses for which, Gauahargeous assumes no responsibility for examining or evaluating the products and services offered by them, and Gauahargeous does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Gauahargeous does not in any way endorse any third party website(s) or content thereof
Gauahargeous welcomes links to this Website. You may establish a hypertext link to Gauahargeous website, provided that the link does not state or imply any sponsorship or endorsement of your site by Gauahargeous. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Gauahargeous, including any logos or characters, without the express written consent of Gauahargeous and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Gauahargeous website without Gauahargeous's prior written consent.
MANDATORY DECLARATION - COMPUTERS
(1) You hereby declare that You have provided all necessary Legal Details for the shipment of the product to the destination specified by You in the Order.
(2) You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
Disclaimer Of Warranties And Liability
This website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site are provided on Gauahargeous on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Gauahargeous does not warrant that:
I. This website will be constantly available, or available at all; or
II. The information on this website is complete, true, accurate or non-misleading.
III. Gauahargeous will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, Gauahargeous website.
IV. Gauahargeous does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through Gauahargeous website; their servers; or electronic communication sent from Gauahargeous are free of viruses or other harmful components;
V. Nothing on Gauahargeous constitutes, or is meant to constitute, advice of any kind;
VI. All the products sold on Gauahargeous are governed by different state laws and if Gauahargeous is unable to deliver such products due to implications of different state laws, Gauahargeous will return or will give credit for the amount received by Gauahargeous from the sale of such product, that could not be delivered to You;
VII. You will be required to enter a valid phone number while placing an order on Gauahargeous. By registering your phone number with us, You consent to be contacted by Gauahargeous via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Gauahargeous will not use your personal information to initiate any promotional phone calls or SMS'.
(1) While availing any of the payment method/s offered at Gauahargeous, Gauahargeous will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
I. Lack of authorization for any transaction/s; or
II. Exceeding the preset limit mutually agreed by You and between your "Bank/s"; or
III. Any payment issues arising out of the transaction, or
IV. Decline of transaction for any other reason/s.
(2) All payments made against the purchases/services on Gauahargeous by You shall be compulsorily in Indian Rupees acceptable by the Union of India. Gauahargeous does not accept any other form of currency with respect to the purchases made on Gauahargeous.
Without limiting other remedies, Gauahargeous may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide You with access to the Gauahargeous website in the event, but not limited to:
II. If Gauahargeous is unable to verify or authenticate any information You provide; or
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Mumbai.
If Gauahargeous.com comes across any difference in pricing resulting from typographic errors with respect to pricing or product information, Gauahargeous.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by cheque.
Please send any questions or comments (including all
inquiries unrelated to copyright infringement) regarding this Site to firstname.lastname@example.org