This document is an electronic contract recognised under the provisions of the Information Technology Act of 2000 read along with its Rules, and outlines the terms on which a user may access and use the eStore Factory portal, accessible through its associated web application (“https://www.estorefactory.com”).
ESTORE FACTORY is owner of eStoreFactory.com under the provisions of the Information Technology Act, 2000 and accordingly, ESTORE FACTORY does own all of the products or services sold on the eStoreFactory.com.
Use of the eStoreFactory.com is restricted to persons who are competent to contract under the Indian Contract Act, 1872. Thus, inter alia minors (persons under the age of eighteen (18)) are not permitted to register an account and use the eStoreFactory.com to transact with Sellers, unless such use and all transactions are made by parents or guardians of the said minor. ESTORE FACTORY reserves the right to remove all minor users from the eStoreFactory.com and delete such accounts upon receiving notice of such usage.
By using the eStoreFactory.com or by sending communication to ESTORE FACTORY, you consent to receiving responses and other periodic communication from ESTORE FACTORY through e-mails or other forms of electronic communication, including voice calls.
eStoreFactory.com ServiceseStoreFactory.com is a platform from where ecommerce sellers can by services related to Amazon and other online marketplaces (“Buyers”), wherein ESTORE FACTORY is the parent company and does control any transaction that occurs therein. All contracts between parties are strictly bi-party, between the ESTORE FACTORY and the Buyer. Accordingly:
- All commercial terms pertaining to the sale, including the price, shipping costs, payment methods, payment terms, date and mode of delivery, warranties related to products and services, post-sale services, are offered by and agreed to between Buyers and ESTORE FACTORY alone.
- ESTORE FACTORY makes no representation or Warranty as to specifics services proposed offered for sale on the eStoreFactory.com. Further, ESTORE FACTORY does not make any representation or warranty as to the characteristics (such as legal title, creditworthiness, identity etc.) of any of its users.
- ESTORE FACTORY is not responsible for any action of a third party in relation to a transaction on the eStoreFactory.com.
- ESTORE FACTORY is not responsible for any amount paid directly to a third party by a Buyer, in contravention of the systems and processes placed on the eStoreFactory.com.
The following rights shall be retained by ESTORE FACTORY with regard to the usage of the eStoreFactory.com by all customers:
- the right to stop (permanently or temporarily) providing the eStoreFactory.com (or any features within) for use to you or to users generally at ESTORE FACTORY’s sole discretion;
- the right to disable access to a customer’s account or login route, wherein customers may be prevented from accessing the offerings, their account details or any files or other content which is contained in their account;
- the right to modify the features of the eStoreFactory.com at any time, which may result in a limitation of usage of the offerings or the discontinuation altogether,
Users of the eStoreFactory.com may not display, upload, modify, publish, transmit or share any information that:
- belongs to a third party, who has not licensed such usage of the information;
- 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;
- harm minors in any way;
- infringes any patent, trademark, 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;
- impersonate another person;
- contains software viruses or any other files 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
Users of the eStoreFactory.com may not attempt to
- access (or attempt to access) any of the offering by any means other than through the interface that is provided by ESTORE FACTORY, unless you have been specifically allowed to do so in a separate agreement with ESTORE FACTORY. Users specifically agree not to access (or attempt to access) any of the offering through any automated means (including through the use of scripts or web crawlers);
- not engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering)
- not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose;
- You are responsible to ESTORE FACTORY and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the eStoreFactory.com. You will be solely responsible for all activities that occur under your account.
- While ESTORE FACTORY will take due care to ensure the confidentiality of your credentials, you agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into ESTORE FACTORY database, ESTORE FACTORY shall not be made liable for any resulting damages.
- If you become aware of any unauthorized use of your password or of your account, you are required to notify the concerned official at ESTORE FACTORY immediately, as disclosed below.
- All the materials, products and services on the eStoreFactory.com are available to users on an “as is” and “as available” basis, without any representation or warranties, express or implied.
- ESTORE FACTORY further expressly disclaims all warranties and conditions of any kind with regard to the eStoreFactory.com and the products sold therein, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement
- ESTORE FACTORY does not represent or warrant to You that: (a) Your use of the offering will meet Your requirements, (b) Your use of the offering will be uninterrupted, timely, secure or free from error, including specifically from server downtime, (c) any information obtained by You as a result of Your use of the offering will be accurate or reliable.
- No advice or information, whether oral or written, obtained by you from ESTORE FACTORY or through or from the eStoreFactory.com shall create any warranty not expressly stated in these terms.
- All content presented to users on the eStoreFactory.com, including but not limited to advertisements and promotional material of ESTORE FACTORY or other companies on the eStoreFactory.com, is protected by intellectual property rights which are owned by ESTORE FACTORY or the sponsors or advertisers who provide that content. You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content (either in whole or in part) without express written consent from the owner of such intellectual property.
- Users are solely responsible (and ESTORE FACTORY has no responsibility to either the User or any third party) for all liabilities and consequences arising from any content that they create, transmit or display while using the eStoreFactory.com.
- Using the eStoreFactory.com might expose Users to Content that is offensive, indecent or objectionable and that, in this respect, and all Users agree that ESTORE FACTORY shall not be made responsible in any manner for any repugnant content circulated on the eStoreFactory.com by other users. Further, on noticing any such content, it is the duty of Users to bring it to the attention of ESTORE FACTORY officials immediately, who will take due care to delete it from the offering in accordance with applicable law.
- Using the eStoreFactory.com may expose Users to hyperlinks to other web sites or content or resources from third parties, over which or whom ESTORE FACTORY may have no control. You acknowledge and agree that ESTORE FACTORY is not liable for any loss or damage which may be incurred by you as a result of the availability of such external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
- ESTORE FACTORY owns all legal right, title, interest and intellectual property in the eStoreFactory.com, (irrespective of whether those rights are registered or not, and wherever in the world those rights may exist).
- Unless ESTORE FACTORY has otherwise agreed in writing, nothing in the terms gives any User the right to use any of ESTORE FACTORY’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features in any manner.
Limitation of Liability
- You expressly understand and agree that in no event shall ESTORE FACTORY be liable to You for any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability, and this shall include without limitation, any loss of profit, any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or offering, or other intangible loss.
- Further, You expressly agree that ESTORE FACTORY shall not be liable for any loss or damage arising out of:
- the use or the inability to use the Services or Products;
- unauthorized access to or alteration of a User’s transmissions or data;
- the deletion, corruption or loss of any Content on the eStoreFactory.com, whether or not created by You;
- Your failure to keep Your account information, such as login and password, secure and confidential;
- any other matter relating to the services; 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 ESTORE FACTORY.
- Further, the User understands and agrees that any material and/or data downloaded from the eStoreFactory.com is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. ESTORE FACTORY shall not be liable for any dispute or disagreement between Users.
- ESTORE FACTORY may terminate Your use of the eStoreFactory.com at any time if:
- When these terms come to an end, all of the legal rights, obligations and liabilities that you and ESTORE FACTORY are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation. All Users shall be liable for payment with regard to any services or products purchased prior to the time of such termination.
- These terms and all disputes arising out of or in connection with these terms shall be governed by the laws of India, and the courts and tribunals of Bangalore, Karnataka shall have exclusive jurisdiction over all matters arising thereof, subject to the arbitration provision below.
- You and ESTORE FACTORY agree that any dispute will be referred to arbitration, under the Arbitration and Conciliation Act, 1996, with the arbitration to be held in Ahmedabad in English, India and the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.
- In accordance with the Information Technology Act, 2000 and the rules made there under, the name and contact details of the Grievance Officer for the eStoreFactory.com are provided below: info@eStoreFactory.com
Changes to the Terms
- These terms, along with the ESTORE FACTORY Policies, constitute the legal agreement between You and ESTORE FACTORY and govern Your use of the eStoreFactory.com.
- You agree that if ESTORE FACTORY does not exercise or enforce any legal right or remedy which is contained in the terms (or which ESTORE FACTORY has the benefit of under any applicable law), this will not be taken to be a formal waiver of ESTORE FACTORY’s rights and that those rights or remedies will still be available to ESTORE FACTORY.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
In case you wish to contact ESTORE FACTORY for any reason whatsoever, including to review all personal information provided to us by and during Your use of the eStoreFactory.com, please send an email to: info@eStoreFactory.com with all necessary details of your query.
Phone Number +1 (818) 350-5302
(Mon-Sat India Time, 9:30 AM – 7:30 PM)
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