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These Terms of Use describe the terms and conditions applicable to your access and use of the websites, mobile applications and other portals owned, operated, branded or made available by khatriji.in.
Perusing, Viewing, Accessing, Browsing or otherwise using the site indicates your agreement to all the terms and conditions under these Terms of Use.
In terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000, this document is an electronic record. This electronic record is generated by a computer system and does not require any physical or digital signatures.
An implied or express acceptance of these Terms of Use, is also express acceptance of and agreement to Policies of www.khatriji.in including but not limited to Privacy Policy as amended from time to time.
The provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of intermediary's computer resource. In order to comply with the provision of Due diligence to be observed by intermediary, this document is published by OJCT Digicom Pvt. Ltd. with respect to its website www.khatriji.in
The domain name www.khatriji.in, material and the services rendered there under are owned by OJCT Digicom Pvt. Ltd. a company duly incorporated under the provisions of Companies Act, 2013 with its registered office at A-205, Mondeal Hights Near Panchratana Party Plot, S.G.Highway Ahmedabad -380051 Gujarat, India.
DEFINITIONS :
"Agreement" means the terms and conditions as detailed herein including but not limited to, Privacy Policy and will include the references to this Agreement as amended, replaced, supplemented or varied from time to time."
“Application” shall mean the software provided by OJCT Digicom Pvt. Ltd. to sale the products available on www.khatriji.in, hereinafter referred to as ‘khatriji.in App’.
“ Company” shall mean OJCT Digicom Pvt. Ltd.
"Product" means any product which is available on Website and Mobile App and Website itself
“User” shall mean person who has registered himself on www.khatriji.in to avail the services from and purchase the products from www.khatriji.in.
"Website" means www.khatriji.in with its web pages, contents, material and goods sold there under and correlated blogs thereto.
USER ACCOUNT
User must be registered on the site to access or use. One User may have only one registration, one member account on the site. Company may cancel or terminate a User’s account if Company has reasons to suspect that the User concurrently registered or is in control of two or more member accounts. Further, Company may reject application for registration for any reason.
The User should upload all document as required by the Company and the registration would be valid only approval of documents by the Company. Upon registration on the Sites, Company shall assign an account and issue a User ID and password to each registered User. A set of User ID, password is unique to a single account. Each User shall be solely responsible for maintaining the confidentiality and security of their User ID, password and for all use of and activities that occur under user account. No User may share, assign, or permit the use of account, ID or password by another person, even to other individuals within the User’s own business entity. User agrees to notify Company immediately if User become aware of any unauthorized use of User’s password, or account or any other breach of security of account. User shall be responsible for maintaining the confidentiality of his/her password which User will not be under an obligation to reveal to any representative or agent of Company or any other person
User acknowledges that sharing of account with other persons, or allowing multiple users outside of business entity to use User account (collectively, "multiple use"), may cause irreparable harm to Company or other Users of the Sites. User shall indemnify Company, its affiliates, directors, employees, agents and representatives against any loss or damages (including but not limited to loss of profits) suffered as a result of the multiple use of account. User also agrees that in case of the multiple use of account or User’s failure to maintain the security of account, Company shall not be liable for any loss or damages arising from such a breach and shall have the right to suspend or terminate User’s account.
REGISTRATION/SUBSCRIPTION DATA:
To avail of and use the Khatriji's services, User will have to register with www.khatriji.in and/or download the App. As a part of registration process User agrees to provide Company current, complete and accurate registration information which may include but not limited to Name, address, mobile number, valid email ID, credit/debit card details, herein after called the "Registration/ subscription Data".
If User provides any information that is untrue, inaccurate not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to indefinitely suspend or terminate User account and refuse to provide access towww.khatriji.in and ‘ khatriji.in App’.
User agrees and understands that Company is advertising its services and goods on www.khatriji.in and ‘khatriji.in App’ and User grants Company the right to disclose the aggregate Registration Data to third parties in connection with marketing of the goods. Furthermore, User agrees and grants Company the right to use User’s individual Registration/ subscription/usage Data to provide targeting of advertisements and other product and services offers.
User shall notify no-reply@khatriji.in of any known or suspected unauthorized use(s) of User’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User’s password.
CUSTOMER DATABASE:
Company may generate the details of customers through inbound digital marketing channels such as Google Organic/PPC, Social Media & Youtube, Content Marketing, eMailers, website/channels and/or outbound marketing channels such as print media, television, radio, door-to-door, theatres or any other marketing platform, that are collectively gathered in CRM software or any other software.
When User subscribes and provides information or communication to Company User agrees and understands that User is communicating with Company through electronic records and User consents to receive communications via electronic records from Company periodically and as and when required. User may communicate with Company by email or by such other mode of communication, electronic or otherwise.
User may be contacted by Company through email/telephone/SMS. User may receive informative or promotional messages about khatriji's services, products, offers, events, updates of website, content, any communication regarding User activity on services and details about Company.
USER OBLIGATIONS:
1. In consideration of use of the khatriji's services, User agree to provide correct, precise, upto date and complete information about him/her as required and fill registration/subscription form wherever necessary; and maintain and promptly update the registration data to keep it true, accurate, current and complete.
2. The User is under strict obligation to not to share ID, password given by Company. Any unauthorized use of any Material contained in this Website may violate copyright laws, trademark laws, and other related laws and may have various legal consequences.
3. The User should have PAN card and should get verified the PAN Card with Company as and when required by the Company. Failure on part of User in getting verified PAN card, shall make User liable for more TDS.
4. None of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Company. No part of the Website, including logos, images, characters, graphics or sounds may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Company. User also may not, without obtaining Company's prior express written permission, "mirror" any Materials contained on this Website on any other server.
5. The User shall not do any act that imposes an unreasonable or disproportionately large load on the website infrastructure;
6. The User shall be responsible for maintaining the confidentiality of User Display Name, ID and Password and User shall be responsible for all activities that occur under User’s Display Name, ID and Password.
7. When User uses any of the khatriji's services and goods provided by Company through the Website and App, they will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service and product and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Company reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to User. It is User’s responsibility to review these Terms of Use periodically for updates / changes. Users continued use of the Website and App following the posting of changes will mean that User accepts and agrees to the revisions. As long as User comply with these Terms of Use, Company grant User a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website and App.
8. The User may not use the Sites, Services or User account to engage in activities which are identical or similar to Company’s e-commerce marketplace business.
9. The User can transfer the amount accumulated in wallet to their respective bank account. The transfer charges would be applicable on every transaction of money transfer from wallet to bank account.
10. The User shall not engage in any illegal, fraudulent and unethical activity in relation to the business activities carried out by the Company under www.khatriji.in.
11. Use of website and App shall not be lawful if User violates or infringes in any way upon the rights of Company and others; violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation. interfere with or disrupt computer networks connected to the Website and App;
12. The User should not impersonate any other person or entity, or make any misrepresentation as to User employment by or affiliation with Company.
13. The User should not post, transmit, publish, or distribute any material or information for which User or Paid Memebr does not have all necessary rights and licenses.
14. The User should not post, transmit, publish, or distribute any material or information which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.
15. The User should not post, transmit, publish, or distribute any material or information which is unlawful, threatening, abusive, defamatory, invasive of privacy, proprietary or publicity rights, vulgar, obscene, profane, racially, ethnically or otherwise objectionable interfere with or disrupt the use of the Website and App by any other user.
16. The User should not post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website and App, or that of other computer systems.
17. The User should not use the Website and App in such a manner as to gain unauthorized entry or access to the computer systems of others.
18. The User should not reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the website, or any component thereof (including, but not limited to any materials or information accessible through the Website).
19. The User should not use any device, software or routine to interfere or attempt to interfere with the proper working of the website;
LIMITATION OF LIABILITY OF COMPANY:
1. Under no circumstances shall the Company be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of above website and App, including, without limitation, any fault, virus, error, omission, interruption or delay with respect thereto. Use of this website and App is at User’s risk, and the Company will not be held liable for any errors or omissions contained in this Website and App and material provided there under. In no event, shall the Company be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits whether contract, negligence or any tort action arising out of, or in connection with, the use or performance of the Website and App and material provided there under.
2. In no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall Company be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential, exemplary or punitive, compensatory damages, arising out of any access to or any use of or any inability to access, use, misuse of ID and password or use this website including any material, information, links, and content accessed through this website or through any linked external website.
3. User expressly agrees that use of the website and app is at User’s own risk. User shall be responsible for protecting the confidentiality of their password(s), ID. Company does not warrant that the websites and App will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of any website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through website and App. Company shall not be liable for any damages arising out of or in any way connected with the use or performance of the website and App for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement
4. Nothing in website shall be construed as conferring any license under any of Company or any third party's intellectual property rights, whether by estoppel, implication, conduct or otherwise.
5. User agrees that any provided information that is untrue, inaccurate, not current or incomplete or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Company shall have the right to indefinitely suspend or terminate or block access of User’s membership/account on the Website and App and refuse to provide with access to the Website and App.
6. User further agree that User shall be legally obligated to fully indemnify, defend and hold harmless Company and its officers, directors, employees, affiliates and agents, and any other service provider that furnishes services to User in connection with the website, from and against any and all claims, losses, damages and expense (including Attorneys’ fees) arising from or related to the Company’s provision of the website and related services.
7. Company shall have no liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
8. Company may from time to time revise or update the website and App with or without any notice to User, including without limitation, updating, changing, redesigning the website and App and the material under services on website . Such revisions and updates will be supplied according to the Company 's then prevailing policies, which may change from time to time at the sole discretion of the Company and may be performed automatically.
DISCLAIMER FOR WEBSITES THAT COMPANY LINK TO:
Company expressly disclaims warranties of any kind for any use of or any access of www.khatriji.in to any material, information, links, or content presented on the web pages of external website linked and to any external material, information, links, or content linked thereto. Any material, information, links, and content presented on the web pages at www.khatriji.in and App, as well as any external website and any external material, information, links, and content linked thereto, are provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or non-infringement. Company has no control over any external website or over any external material, information, links, and content linked to www.khatriji.in and App.
EXCLUSIONS AND RESTRICTIONS:
The following exclusions and restrictions shall apply at all times to User’s use of the website and App and/or the Services therein:
INTELLECTUAL PROPERTY RIGHTS:
The www.khatriji.in and App and all blogs contain copyrighted material, trademarks and other proprietary information, including, but not limited to, trade name, domain name, blogs, trademarks, service marks, text, scripts, artwork, software, photos, characters, videos, games, graphics, music, and sound, portions of which are owned by Company. The entire contents of the www.khatriji.in and App are copyrighted as a collective work/compilation and validly standing in the name of Company . Company owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as addition and modifications in the content original to it. No User, User or Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of viewable material will be permitted without the express written permission of Company . User acknowledge that he/she does not acquire any ownership rights in copyrighted material. User and Paid Memeber hereby agree not to claim copyright in any work of Company on www.khatriji.in and App with minor or substantial changes.
DISCLAIMER AND WARRANTIES OF SERVICE:
Company. expressly disclaims and does not warrant that the material,
information, links, and content presented on and by this website and App is
comprehensive, complete, accurate, sufficient, timely, or up to date for
any particular purpose or use. The material, information, links, and
content presented on and by this website should not be considered as
professional, legal, business, education and entertainment advice
Company expressly disclaims and does not warrant any damages or injury caused to User by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, tortious behavior, negligence, or under any other cause of action.
Company expressly disclaims and does not warrant that www.khatriji.in and App will be constantly available, or available at all;
Company expressly disclaims and does not warrant that the information on this Website and App is complete, true, accurate or non-misleading.
Company expressly disclaims and does not warrant any interpretation of test results or study material other than as a tool of learning and enhancing knowledge.
EMAIL NEWSLETTERS:
Please be advised that Company. email newsletters ("Newsletters") are part
of a wide distribution, and that neither Company. nor any third party
involved is monitoring, reviewing or screening the recipient email list
prior to its distribution. The User may discontinue the email newsletters
by writing email to Company. to that effect. User can not claim any right,
title and interest on the literary contents or other intellectual property
rights in newsletters.
PRIVACY POLICY
Use of this site is subject to Private Policy of Company.. Company. will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. User agrees to respect the privacy and confidentiality of others. Company. reserves the right to change or update these policies at any time without notice, effective immediately upon posting to this site.
ENTIRE AGREEMENT
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and Company with respect to the services of www.khatriji.in and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User or Paid Membar and Company. The failure of Company to act with respect to a breach by User or others does not waive its right to act with respect to subsequent or similar breaches.
This Agreement, and any operating rules for the www.khatriji.in and App established by Company constitutes the entire agreement with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.
This Agreement does not in any manner create any relationship whatsoever as between User and the Company, either as a joint venture, partnership, employment, or agency relationship.
PAYMENT:
Payment of product could be made through all Valid Indian Credit / Debit Card of User and also through net banking. The payments are processed using payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the User and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers of Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
CANCELLATION AND NO REFUND POLICY:
Once User agrees to avail the services on www.khatriji.in and App, purchase the product, the purchase transaction cannot be cancelled in any circumstances on the request of User. Since Company is offering tangible goods, Company does not issue refunds. User is responsible for understanding that no refund or cancellation is possible upon any purchase at www.khatriji.in. and App. No reversal of deducted charges shall be allowed under any circumstances. However product can be replaced only in case of technical defects. Company does not guarantee or issue warranty of the product sold on www.khatriji.in and App.
INDEMNITY:
User shall defend, indemnify and hold harmless, Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon User’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of infringement and violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, defamation, violation of rights of privacy or publicity, loss of service by other Users and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.
SUSPENSION DUE TO NON-COMPLIANCE WITH AGREEMENT:
Notwithstanding other legal remedies that may be available to Company, may in its sole discretion limit User’s activity by immediately removing registration either temporarily or indefinitely or suspend or terminate User membership/registration, and/or refuse to provide with access to the website if:
User is in breach of any of the terms and conditions of this Agreement and/or the Terms and conditions of usage and privacy policy;
User has provided wrong, inaccurate, incomplete or incorrect information;
User’s actions causing any harm, damage or loss to the other Users or Company,.
Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the www.khatriji.in and App will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
User agrees that if any information provided is untrue, inaccurate, not current or incomplete or Company have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Company shall have the right to indefinitely suspend or terminate or block access of User membership on the Website and App and refuse to provide access to the Website and App.
General
APPLICABLE LAW AND JURISDICTION:
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Ahmedabad and User’s consent to the exclusive jurisdiction and venue of court in Ahmedabad, India (only).
Violations of this policy may result in a range of actions, including: