Terms and Conditions
ACCEPTANCE OF TERMS
Please read the following terms of service very carefully as these terms of service, as amended from time to time (the “Terms of Service”), are a legal agreement between ourselves, that is, www.myecobin.in , and “you”, that is, the user of www.myecobin.in (the “Site”).
You must read and agree to be bound by the Terms of Service, before using the Site or subscribing to any products or service made available through or on the Site, including the sale, supply, payment, delivery, return or rejection of the products or services made available on, through or in connection with this Site (collectively the “Services”).
By subscribing to or using the Site or the Services, you have read, understood and are bound by the Terms of Service, together with all related policies and guidelines of this Site as indicated in these terms and conditions that are incorporated by reference. If you do not agree to be bound by the Terms of Service, do not use or subscribe to the Site or the Products / Services.
We, at our sole discretion, reserve the right to change, amend or modify the Terms of Service at any time, without notifying you or assigning any reasons. You are responsible for regularly reviewing the Terms of Service.
If you do not agree to any changes or updates to the Terms of Service, your remedy is to not use the Site and to cancel any accounts or Services you have signed up for. Your continued use of the Site or the Services after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
If you violate any Terms of Service, we may issue a warning about the violation, or we may choose, at our sole discretion, to immediately terminate or suspend any and all accounts that you have established, without assigning any reasons.
You acknowledge that we are not required to provide you notice before terminating or suspending our Services, but may choose to do so. We reserve the right to deny, in our sole discretion, any user access to the Site or Services without notice and for any reason (including, without limitation, for violation of these Terms of Service).
If any Service requires you to open an account (“My Account”), you must complete the registration process by providing us with current, complete and accurate information (including your email address and other contact details) as prompted by the applicable registration form.
You represent and warrant that all information provided by you in connection with your User Account, including any payment, contact or shipment details generally or in connection with an order, are true, complete and accurate. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to wrong, false, inaccurate or incomplete information provided by you.
All communication to you will be carried out through the contact details provided by you while opening an account. You are responsible to report any change in your User Account details by writing to us at email@example.com. The site is not responsible for any changes in User Account details once an order is placed.
You are responsible for maintaining the confidentiality of your User Account password and other account details and are entirely responsible for any and all activities that occur under your User Account. In case you suspect or identify any abuse of your User Account or any transaction through your User Account that is not carried out by you, you should immediately notify us in writing at firstname.lastname@example.org
Where any Service utilizes the account management of any other social networking site (e.g., Facebook, LinkedIn, MySpace, Quora, Twitter, or Tumblr), you are responsible for maintaining the confidentiality of your password and account on such social networking site, and are fully responsible for all activities that occur under such account.
PLACING AN ORDER
In order to enable you to view and place orders for any products made available on the Site, we will provide you with a visual representation of the product together with a summary description of the product. While every effort is made to provide accurate visual representations, cannot guarantee the exactness of such visual representation or description to the finish and appearance of the final product delivered to you. Alterations in certain aspects of your order such as appearance, size or color of the pictured planter/tool & delivered planter/tool may be caused due to slight differences due to photography and other circumstances that are not within our control.
You may place a binding order, either using your User Account or as a guest, for any product made available on the Site pursuant to and upon completion of all the procedures prescribed on the Site for ordering the products on the Site, including by way of providing necessary address and contact details requested at the time of placing orders for shipment of the products ordered. Non-completion of such procedure prescribed on the Site shall not constitute a binding order and we will have no corresponding obligation to deliver the products ordered.
You may not change the address for delivery of the products provided by you after you place the binding order. To rectify any errors in a binding order you must contact our customer service representative using the information on Contact Us Page. Provided that, acceptance of any such change or rectification is at our sole discretion and our decision in this regard is final and binding. Provided further that, you will be responsible for and hereby agree to indemnify us against all loss, including charges for shipment of the product if applicable.
Unauthorized use of other www.myecobin.in store accounts (other than your own), providing false information, including false identification, contact or shipment details constitute fraud. You agree and undertake to indemnify us against all damages, costs or losses incurred by us due to such fraudulent activity, in addition to any other remedy that is available to us under law for the time being in force, against you for such fraudulent activity.
Title and risk of loss or damage for all products ordered by you in accordance with these terms and conditions shall pass to you upon your receipt of the product.
PRICES AND PAYMENTS
All prices are in Indian Rupees. Prices, available products or other Services may change from time to time at our sole discretion.
Pricing on a product or related Service is generally as shown on the Site. Terms of payment are within our sole discretion, and unless otherwise agreed to by us, we must receive full payment prior to our acceptance of an order. Payment for the products must be made by credit or debit card, cash on delivery, or some other prearranged payment method specified on the Site. Orders are not binding upon us until accepted by us, and we reserve the right to decline the acceptance of any order. Prices shown are inclusive of applicable taxes. Shipping, handling, and packaging maybe be additionally payable and will be notified from time to time. Please review our shipping policy for the same.
While carrying out payment, through any of the payment channels provided on the Site, we are not responsible for losses or damage, if any, caused in connection with such transaction, including any losses caused by the payment gateway or due to drops in connection or duplication of orders due to double-ordering.
SHIPPING, INSPECTION AND RETURNS
We will arrange shipping of the products ordered to your address in the manner specified in an accepted order. Title to the products passes to you upon delivery to the carrier, and risk of loss passes to you upon delivery to your address.
The costs of shipping and handling will be shown on your purchase receipt. We will inform you of estimated shipment dates, but will not be responsible for delays in delivery due to events beyond our control, including shortage of materials, labor strikes, transportation failure, defaults attributable to the shipping or Courier Company or acts of God.
Returns will be dealt with only as per the returns policy posted on the Site at the time of acceptance of the binding order.
LIMITATIONS ON USE OF SERVICES
Your license to use the Services or the Site is limited by the Terms of Service. All software made available to access the Services (“Software”) is copyrighted work owned by or licensed to us. We hereby grant you a personal, non-exclusive, non-transferable, revocable, limited scope license to use the Software solely for the purpose of viewing and using the applicable Services and the Site and for no other purpose whatsoever.
You agree and undertake not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, adapt, translate, transfer, sell any information, software, products or services obtained from the Services or the Site, without our prior express written consent.
You may not reverse engineer, de-compile or disassemble any Software, including, any proprietary communications protocol used by such Software.
You may not use any software or hardware that reduces the number of users directly accessing or using the Services.
As a condition of your use of the Services and the Site, you will not use the Services or the Site for any purpose that is unlawful or otherwise prohibited by the terms, conditions, and notices included in these Terms of Service.
You may not use the Site in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or threaten or interfere with any other person’s use or enjoyment of the Site.
The provisions of this clause shall be subject to the provisions of clauses of the Terms of Service.
RULES OF CONDUCT
The Site and Services provided may include e-mail services, bulletin board services, blogs, reviews, forums, or communication facilities designed to enable you to communicate with others or express your opinion (the “Communication Services”).
You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials at any time, without notice, for any reason and at our sole discretion. We also reserve the right to terminate or suspend your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
You acknowledge that chats, postings, conferences and other communication by users are not controlled or endorsed by us, and such communication shall not be considered reviewed, screened or approved by us.
Statements made in forums, conferences, bulletin boards and chats reflect only the views of their authors.
We specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in or viewing or other use of any Communication Services.
Managers and hosts are not our authorized spokespersons, and their views do not necessarily reflect our views.
You acknowledge and agree that your communication via the Communications Services is public and not private communication, and that you have no expectation of privacy concerning your use of these Communications Services.
You acknowledge that personal information that you communicate on the Communication Services may be seen and used by others and result in unsolicited communications. Therefore, we strongly encourage you to not disclose any personal information about yourself in your public communications on our Services.
We are not responsible for information that you choose to communicate to other users via the Communication Services, or for the actions of other users.
We reserve the right at all times to disclose any information or materials found on the Communication Services as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any such information or materials, in whole or in part, in our sole discretion.
In furtherance of the foregoing, and by way of example and not as a limitation, you agree that you will not access or use the Site, the Services, including any related Communication Services, in order to directly or indirectly do any of the following.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or harms minors in any way.
- Publish, post, upload, transmit, distribute or disseminate content that is harmful, abusive, vulgar, sexually explicit, defamatory, libelous, blasphemous, pornographic, pedophilic, obscene, infringing, embarrassing, unwanted, invasive of another’s right of privacy or publicity, hateful or racially, ethnically or, in a reasonable person’s view, otherwise offensive or objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever.
- Use, upload, transmit, distribute or otherwise make available any material or information, including images or photographs, which are made available through such Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
- Upload files that contain viruses, Trojans, worms, time-bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the Site, operation of the Services or other users’ computer or that are designated to interrupt, destroy or limit the functionality of any computer resource.
- Upload files that contain software or other information or material protected by third party intellectual property rights that belong to another person and to which the user does not have any right.
- Except as expressly authorized by us, advertise or offer to sell or buy any products or other material posted on the Site for any purpose, unless the Services specifically allow such messages.
- Restrict or inhibit any other user from using and enjoying the Site or any Services.
- Collect in any way personal information about others, including e-mail addresses, or use such information to send unsolicited emails.
- Violate any applicable laws or regulations, or promote or encourage any illegal activity including, without limitation, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Services or the Software.
- Impersonate or create a false identity or provide information that is false, in complete or inaccurate.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of such Services or other user or usage information or any portion thereof.
- Attempt to get a password, other account information, or other private information from a member or any other user of the Services or the Site.
- Use the Sites, Services or Software to resell or make any commercial use of the Sites, Services or Software, or otherwise commercially exploit the same, without our prior express written consent.
- Use the Services or the Site for fraudulent transactions including, without limitation.
- Conduct or forward surveys, contests, schemes or chain letters.
- Violate any code of conduct or other guidelines applicable to any Service or the Site or any Terms of Service.
- Deceive or mislead the addressee about the origin of messages or communicate any information that is offensive or menacing in nature.
- Threaten the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
“Content” shall mean the Software, communications, images, sounds, and all the material and information you see on the Site or in connection with the Services, whether provided by us or by users of the Services.
Strong or vulgar language, crude or explicit sexual references, discussions of illegal drugs, and hate speech are always inappropriate Content for the Site.
Our representatives may monitor your communications on the Site. But we cannot monitor all of the Content on the Site, and we do not attempt to do so. If you encounter something you find objectionable and in violation of these Terms of Services, you can report it to email@example.com
We do not assume any responsibility or liability for Content that is generated by third party sites or members, users or other guests on our Site.
We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content posted on the Site or in connection with any Service. Without limiting the foregoing, our affiliates and we have the right to remove any Content that is in violation of the provisions of these Terms of Service or is otherwise objectionable.
You agree and are solely responsible for ensuring that you upload or otherwise transmit on or through the Service or the Site, Content that is not subject to any third-party rights including any intellectual property rights of third party.
TRADEMARK, COPYRIGHT, and RESTRICTION
This site is controlled and operated and goods are sold by www.myecobin.in store. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Website owned, operated, licensed or controlled by us is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
We respect the intellectual property of others. In case You feel that Your work has been copied in a way that constitutes copyright infringement You can write to us at firstname.lastname@example.org.
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 Bangalore.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. We make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
RISK OF LOSS
All items purchased on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon our delivery to the carrier.
We try to be as accurate as possible. However, we do not warrant that product description or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by us on the Website itself is not as described, Your sole remedy is to return it in unused condition.
Due to technical issues, if www.myecobin.in comes across any difference in pricing resulting from typographic errors with respect to pricing or product information, www.myecobin.in shall have the right to rectify the same or cancel the order(s) and refund money, if any, collected from You 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.
CANCELLATION OF ORDER
We reserve the right to cancel any order at our sole discretion, under a situation where we are not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the our policy or for any other reason. However, we will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WWW.MYECOBIN.IN BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF WWW.MYECOBIN.IN HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.