These website terms of use ("Terms of Use") is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and Rules made thereunder and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000. These terms of use do not require any physical, electronic or digital signature.
These terms of use is a legally binding document between user and EZMall (both terms defined below). These terms of use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between user and EZMall for the use of the website (defined below).
These terms of use of the website located at the URL www.ezmall.com and mobile application under the name and style "EZMall" (the website) is between EZ-Mall Online limited (hereinafter referred to as "EZMALL" or "EZMall" or "we" or "us" or "our") and the guest users or registered users of the website (hereinafter referred to as "you" or "your" or "yourself" or "user") describe the terms on which EZMall offers you access to the website and such other services as are incidental and ancillary thereto ("services").
Please read these terms of use carefully before using or registering on the website or accessing any material, information or services through the website. If you do not agree with these terms of use, please do not use the website.
These terms of use together with the privacy policy available at https://www.ezmall.com/faces/fe/jsps/termofUse.jsp and https://www.ezmall.com/faces/fe/jsps/privacy.jsp, the terms of sale available at https://www.ezmall.com/faces/fe/jsps/termsCondition.jsp, the other policies of the website available at https://www.ezmall.com/faces/fe/jsps/termsCondition.jsp under "Help" section or elsewhere on the website, and any other terms which may apply to specific services together with all other notices, disclaimers, guidelines appearing on the website from
time to time (collectively referred to as "Agreement(s)") constitute the entire agreement between you and EZ-Mall Online Limited including its affiliates and suppliers (collectively "EZMALL GROUP"), defining your and EZMALL GROUP's rights and responsibilities with respect to the access and use the website and avail the services.
If you are accessing the EZMall mobile application or accessing the services through the EZMall mobile application, then while these terms of use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like apple's iTunes, android's play store, Microsoft’s store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these terms of use by way of reference.
Please read these Terms and Conditions carefully before using this site ("Website"). If you do not agree to these terms and conditions exit now and do not use this Website.
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the My Account area of the Website. EZMall reserves the right to refuse access to the Website, terminate accounts, remove or edit content at any time without notice to you.
You agree, understand, and acknowledge that the Website is an online platform that enables you to purchase products listed on the Website at the price indicated therein at any time from any location. You further agree and acknowledge that EZMall is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the contract of sale of products on the Website shall be a strictly bipartite contract between you and the sellers on EZMall.
Trademarks and Copyright All content included on this Site, such as trade marks, trade name, trade dress, logos, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EZMAll or its affiliates or its content suppliers and protected by the Intellectual Property Laws of India. The compilation of all content on this Site is the exclusive property of EZMall or its affiliates and protected by the Intellectual Property Laws of India. All software used on this Site is the property of EZMall, its affiliates or its software suppliers and protected by the Intellectual Property Laws of India.
We grant 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 with Our express written consent. This license does not include any resale or commercial use of this site or its contents; any derivative use of this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Our express written consent.
Your activity on the Site is not intended for use by children. If you are a minor i.e., under the age of 18 years, you may use the Site only with involvement of a parent or guardian. EZMall and its affiliates reserve the right to refuse service, terminate accounts, or remove or edit content in their sole discretion.
You must not use the Site in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not EZMall, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only and only in accordance with the applicable law.
You must not use the Site for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
to send, use or reuse any material that is illegal, offensive, (including but not limited to material that is sexually explicit or which promotes racism, bigotry, hatred or physical harm), abusive, harassing, misleading, indecent, defamatory, disparaging, obscene or menacing; or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”;
to cause annoyance, inconvenience.
Except as expressly indicated to the contrary, EZMall hereby grants you a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with the terms and conditions set out herein;
You may not modify or alter product catalogues available on the Website;
You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
The use of content on this Website i.e., information, artwork, text, video, audio, or picture (collectively "Materials") on this Website is protected by the copyrights laws. You may only access and use the material for personal or purpose. Any alteration/modification either in whole or in part or usage of the Materials for other than
for personal purpose, violates the copyrights laws. You may not modify/alter for any purpose without EZMALL's written consent any material on this Site. Except as provided below, you may not reproduce, republish, post, transmit or distribute any Material.
The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
The Materials included in the Website have been compiled from a variety of sources and are subject to change without any further notice.
All Materials are protected by copyright law. You may not under any circumstances, reproduce, record, publish publicly, distribute or publicly exhibit any Material without EZMALL's written consent. Any attempt to "Pass off" any of the Material as your own work shall be violative of the existing copy right laws.
Any software that is available on the Website is the property of EZMall or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the terms and conditions set out herein or by the express written permission of EZMall.
EZ-Mall Online Limited ("EZMALL"), is the owner of the Website and use of this Website is provided subject to the following terms and conditions, and you are deemed to have read and accepted and agreed to be bound by this disclaimer. Please read these terms and conditions carefully as access and use of this Website constitute acceptance of these terms & conditions.
Links of other sites from this Site or sites linked from this Site are not under control and EZMALL does not assume responsibility or liability for the materials available at such linked sites. The links have been provided for reference and for convenience only.
Users of this Website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of 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." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. EZMall reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of EZMall violates these conditions of use and, or terminate your permission to access or use this Website.
If you do post content or submit material, and unless we indicate otherwise, you
grant EZMALL and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
EZMALL and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to EZMALL, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Website; that, as at the date that the content or material is submitted to EZMall: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable EZMall policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify EZMALL and its affiliates for all claims brought by a
third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
Because EZMall lists a lot of products for sale offered by sellers on the Website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, EZMall operates on a "notice and takedown" basis. If you believe that any content on the Website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ("Objectionable Content"), please notify us immediately. Once this procedure has been followed, EZMall will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
The Website, services, content, user content and any third party content are provided by EZMall on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, EZMall makes no warranty that (i) the Website or the services will meet your requirements or your use of the Website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the Website or services will be effective, accurate or reliable; (iii) the quality of the Website or services will meet your expectations; or that (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from
EZMall or through the Website / content or from use of the services shall create any warranty not expressly stated in these terms of use.
To the maximum extent permitted by applicable law, EZMall will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. EZMall also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.
You expressly understand and agree that, to the maximum extent permitted by applicable law EZMall will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with the Website or any services, either with or without your knowledge. EZMall has endeavoured to ensure that all the information on the website is correct, but EZMall neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. EZMall shall not be responsible for the delay or inability to use the Website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, EZMall shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond EZMall's control. The user understands and agrees that any material or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. EZMall is not responsible for any typographical error leading to an invalid coupon. EZMall accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.
We reserve the right to make changes to our Website, policies, and these terms and conditions of use at any time. You will be subject to the policies and conditions of use in force at the time that you use the Website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
You shall indemnify and hold harmless EZMALL, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these conditions of use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release EZMALL and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise including but not limited to infringement claims.
Notwithstanding anything to contrary in these terms of use, in no event shall EZMALL, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not EZMall has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or content.
These terms of use and all transactions entered into on or through the Website and the relationship between You and EZMall shall be governed in accordance with the laws of India without reference to conflict of laws principles.
You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, or any transactions entered into on or through the Website or the relationship between You and EZMall shall be subject to the exclusive jurisdiction of the courts at Noida, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non-convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Terms of Use shall be effective against a party if given as provided herein.
General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third-Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third-Party Content is provided on an 'As Is' basis. EZMall may not own / have the rights and title to any such Third-Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. EZMall shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
In the event any Third Party Content contains links to third party websites, and You visit any such external link, you agree to do so at your own risk, responsibility
liability. EZMall makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.
Notice: All notices with respect to these Terms of Use from EZMall will be served to You by email or by general notification on the Website. Any notice provided to EZMall pursuant to these Terms of Use should be sent to Grievance Officer at Sandeep.kumar@ezmall.com.
Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Grievance Officer of EZMall for the purpose of this Agreement shall be Sandeep Kumar with email address: Sandeep.kumar@ezmall.com. EZMall may change the aforesaid details from time to time under intimation to You.
