User Agreement

USER AGREEMENT

1. APPLICABILITY

1. This User Agreement along with Terms of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services and products of N&T Engitech Private Limited, Gujarat and its subsidiaries/affiliates (hereinafter “EMECHMART”).
2. Any person ("User") who inquiries about or purchases any products or services of EMECHMART through its websites, sales persons, offices, call centers, agents, etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement.
3. Both User and EMECHMART are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
4. “Terms of Service” available on EMECHMART’s website details out terms & conditions applicable to various services or products facilitated by EMECHMART.

2. ELIGIBILITY TO USE

1. The User must possess the legal authority to agree, to become a User and use the services of EMECHMART.
2. Before using the Website, approaching any Sales Channels, or procuring the services of EMECHMART, the Users shall compulsorily read and understand this User Agreement, and shall be deemed to have accepted this ‘User Agreement’ as a binding document that governs User’s dealings and transactions with EMECHMART. If the User does not agree with any part of this Agreement, then the User must not avail of EMECHMART's services and must not access or approach the Sales Channels of EMECHMART.
3. All rights and liabilities of the User and EMECHMART concerning any services or product facilitated by EMECHMART shall be restricted to the scope of this User Agreement.

3. CONTENT

1. All content provided through various Sales Channels, including but not limited to audio, images, software, text, icons, and such similar content ("Content"), are registered by EMECHMART and protected under applicable intellectual property laws. The user cannot use this Content for any other purpose, except as specified herein.
2. User agrees to follow all instructions provided by EMECHMART which will prescribe the way such User may use the Content.
3. There are several proprietary logos, service marks, and trademarks displayed on the Website and through other Sales Channels of EMECHMART, as may be applicable. EMECHMART does not grant the User a license, right or authority to utilize such proprietary logos, service marks, or trademarks in any manner. Any unauthorized use of the Content will be in violation of the applicable law.
4. EMECHMART respects the intellectual property rights of others. If you notice any act of infringement on the Website, you are requested to send us a written notice/ intimation which must include the following information;

3.4.1. Clear identification of such copyrighted work that you claim has been infringed.

3.4.2. Location of the material on the Website, including but not limited to the link of the infringing material.

3.4.3.The proof that the alleged copyrighted work is owned by you.

3.4.4. Contact information.

The aforesaid notices can be sent to EMECHMART by email at [email protected].

4. WEBSITE

1. The Website is meant to be used by bonafide User(s) for lawful use.
2. User shall not distribute exchange, modify, sell or transmit anything from the Website, including but not limited to any text, images, audio and video, for any business, commercial or public purpose.
3. The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever.
4. Access to certain features of the Website may only be available to registered User(s). The process of registration may require the User to answer certain questions or provide certain information that may or may not be personal in nature. Some such fields may be mandatory or optional. The user represents and warrants that all information supplied to EMECHMART is true and accurate.
5. EMECHMART reserves the right, in its sole discretion, to terminate the access to the Website and the services offered on the same or any portion thereof at any time, without notice, for general maintenance or any other reason whatsoever.
6. EMECHMART will always make its best endeavors to ensure that the content on its websites or other sales channels are free of any virus or other malwares. However, any data or information downloaded or otherwise obtained through the use of the Website or any other Sales Channel is done entirely at the User’s own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that may result from the download of such data or information.
7. EMECHMART reserves the right to periodically make improvements or changes in its Website at any time without any prior notice to the User. User(s) are requested to report any content on the Website which is deemed to be unlawful, objectionable, libellous, defamatory, obscene, harassing, invasive to privacy, abusive, fraudulent, against any religious beliefs, spam, or is violates of any applicable law to India. On receiving such report, EMECHMART reserves the right to investigate and/or take such action as the Company may deem appropriate.

5. SECURITY AND ACCOUNT RELATED INFORMATION:

1. While registering on the Website, the User will have to choose a password to access that User’s account and User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify EMECHMART immediately in writing of any unauthorized use of their password or account or any other breach of security. EMECHMART will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else's account at any time.
2. User understands that any information that is provided to this Website may be read or intercepted by others due to any breach of security at the User’s end.
3. EMECHMART keeps all the data in relation to credit card, debit card, bank information etc. secured and in an encrypted form in compliance with the applicable laws and regulations. However, for cases of fraud detection, offering sale on credit (finance) etc., EMECHMART may at times verify certain information of its Users like their credit score, as and when required.
4. EMECHMART adopts the best industry standard to secure the information as provided by the User. However, EMECHMART cannot guarantee that there will never be any security breach of its systems which may have an impact on User’s information too.
5. The data of the User as available with EMECHMART may be shared with concerned law enforcement agencies for any lawful or investigation purpose without the consent of the User.

6. FEES AND PAYMENT

1. In addition to the cost of product, EMECHMART reserves the right to charge certain fees in the nature of convenience fees or any other fees. EMECHMART further reserves the right to alter any and all fees from time to time. Any such additional fees, including fee towards any modifications thereof, will be displayed to the User before collecting the payment from such User.
2. In cases of short charging of the product amount, taxes, statutory fee, convenience fee etc., owing to any technical error or other reason, EMECHMART shall reserve the right to deduct, charge or claim the balance amount from the User and the User shall pay such balance amount to EMECHMART. In cases where the short charge is claimed prior to the delivery of the product, EMECHMART will be at liberty to cancel such product if the amount is not paid before the delivery date.
3. Any increase in the price charged by EMECHMART on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
4. In the rare circumstance of a product not getting delivered for any reason whatsoever, EMECHMART will process the refund amount paid by the User and intimate the User about the same. EMECHMART is not under any obligation to provide an alternate arrangement in lieu of or to compensate or replace the unconfirmed product.
5. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the products/service, as per the applicable laws.
6. The User agrees and understands that all payments shall only be made to bank accounts of EMECHMART. EMECHMART or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of EMECHMART (N&T Engitech Pvt. Ltd.). The User agrees that if that user transfers any amount against any products or transaction to any bank account that is not legitimately held by EMECHMART or to any personal account of any person, EMECHMART shall not be held liable for the same. User shall not hold any right to recover from EMECHMART any amount which is transferred by the User to any third party.
7. The User will not share his personal sensitive information like credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. with any person including the agents, employees or representatives of EMECHMART. The User shall immediately inform EMECHMART if such details are demanded by any of its agents’ employees or representatives. EMECHMART shall not be liable for any loss that the User incurs for sharing the aforesaid details.
8. Refunds, if any, on cancellation will always be processed to the respective account or the banking instrument (credit card, wallet etc.) from which payment was made for that product/service.

7. USAGE OF THE MOBILE NUMBER, COMMUNICATION DETAILS OF THE USER BY EMECHMART

1. EMECHMART will send product confirmation, cancellation, payment confirmation, refund status, or any such other information relevant for the transaction made by the User, via SMS, voice call, e-mail or any other alternate communication detail provided by the User at the time of purchase.
2. EMECHMART may also contact the User through the modes mentioned above for any pending or failed transaction, to know the preference of the User for concluding the sale and also to help the User for the same.
3. The User hereby unconditionally consents that such communications via SMS, voice call, email or any other mode by EMECHMART are:

7.3.1. Upon the request and authorization of the User.

7.3.2. Transactional’ and not an ‘unsolicited commercial communication’ in compliance of the local laws.

7.3.3. In compliance with the relevant guidelines framed by the Telecommunications Regulatory Authority of India (TRAI) or such other relevant authority in the relevant jurisdiction.

The User will indemnify EMECHMART against all types of losses and damages incurred by EMECHMART due to any action taken by the Telecommunications Regulatory Authority (TRA) or such other relevant authority in the relevant jurisdiction, Access Providers or any other local authority due to any erroneous complaint raised by the User on EMECHMART with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

User also understands that they will always have an option of withdrawing the consent as set out above. User will have an unconditional right to opt out of receiving messages and email including but not limited to communications that are of marketing in nature by simply writing to EMECHMART on [email protected] or by amending the notification settings in User’s account profile settings.

8. FORCE MAJEURE

1. There can be exceptional circumstances where EMECHMART may be unable to honour the confirmed products due to various reasons like act of God, labour unrest, insolvency, business exigencies, government decisions, terrorist activity, any operational and technical issues, etc. or any other reason beyond the control of EMECHMART. If EMECHMART has advance knowledge of any such situations where dishonour of transaction may happen, it will make its best efforts to provide similar alternative to the User or refund the amount after deducting applicable service charges, if supported and refunded by that respective service provider. The User agrees that EMECHMART being merely a facilitator of the services and products, cannot be held responsible for any such Force Majeure circumstance. The User has to contact the Service Provider directly for any further resolutions and refunds.
2. The User agrees that in the event of non-confirmation of products due to any technical reasons (like network downtime, disconnection with third party platforms such as payment gateways, banks etc.) or any other similar failures, EMECHMART’s obligation shall be limited refunding the paid amount, if any, received from the customer. Such refund shall completely discharge EMECHMART from all liabilities with respect to that transaction. Additional liabilities, if any, shall be borne by the User.
3. In no event shall EMECHMART and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or any other Sales Channel.

9. ADVERTISERS ON EMECHMART, AND LINKED WEBSITES

1. The Website may contain links to third party websites. EMECHMART does not control such websites and is not responsible for its contents. If a User accesses any third-party website, the same shall be done entirely at the User’s risk and EMECHMART shall assume no liability for the same.
2. EMECHMART is not responsible for any errors, omissions or representations on any of its pages, links or any linked website pages to the extent such information is updated or provided directly by the Service Providers or the advertisers.
3. EMECHMART does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
4. The linked sites are not under the control of EMECHMART and hence EMECHMART is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. EMECHMART is providing these links to the Users only as a convenience.

10. RIGHT TO REFUSE

1. EMECHMART at its sole discretion reserves the right to not accept any request without assigning any reason thereof.
2. In addition to other remedies and recourse available to EMECHMART under this User Agreement or under applicable law, EMECHMART may limit the User's activity, warn other users of the User's actions, immediately suspend or terminate the User's registration, or refuse to provide the User with access to the Website if:

10.2.1. The User is in breach of this User Agreement;

10.2.2. EMECHMART is unable to verify or authenticate any information provided by the User;

10.2.3. EMECHMART believes that the User's actions may infringe on any third-party rights or breach any applicable law or otherwise result in any liability for the User, other users of EMECHMART, or EMECHMART itself.

3. Once a User has been suspended or terminated, such User shall not register or attempt to register with EMECHMART with different credentials, or use the Website in any manner whatsoever until such User is reinstated by EMECHMART. EMECHMART may at any time in its sole discretion reinstate suspended users. If a User breaches this User Agreement, EMECHMART reserves the right to recover any amounts due to be paid by the User to EMECHMART, and to take appropriate legal action as it deems necessary. The User shall not write or send any content to EMECHMART which is, or communicate with EMECHMART using language or content which is:

10.3.1. Abusive, threatening, offensive, defamatory, coercive, obscene, belligerent, glorifying violence, vulgar, sexually explicit, pornographic, illicit or otherwise objectionable;

10.3.2. Contrary to any applicable law;

10.3.3. Violates third parties' intellectual property rights;

10.3.4.  Spam

10.3.5. In breach of any other part of these terms and conditions of use.

If the User violates any of the aforesaid terms, EMECHMART shall be at liberty to take appropriate legal action against the User.

11. RIGHT TO CANCEL

1. The User expressly undertakes to provide EMECHMART with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on part of the User would disentitle the User from availing the services from EMECHMART.
2. In case EMECHMART discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of the travellers is not correct or that any fact has been misrepresented by that User, EMECHMART shall be entitled to take appropriate legal action against the user, including cancellation of the product, without any prior intimation to the User. In such an event, EMECHMART shall not be responsible or liable for any loss or damage that may be caused to the User or any other person, as a consequence of such cancellation of products/services.
3. The User shall not hold EMECHMART responsible for any loss or damage arising out of measures taken by EMECHMART for safeguarding its own interest and that of its genuine customers. This would also include EMECHMART denying or cancelling any products on account of suspected fraud transactions.

12. FAKE CALLS AND OTHER SIMILAR PHISHING, SPAMMING OR FRAUDULENT ACTIVITIES

1. EMECHMART’s employees or authorized representatives will never contact a User asking for his/ her credit or debit card number, expiry date, CVV, net banking login, passwords, OTP etc. nor will they ever request for a fund transfer to a personal or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen.
2. Acting on any of these requests may make you a victim of fraud, and may potentially lead to loss of your valuable money or information.
3. If you are ever asked for any of the aforesaid information, please report it immediately on [email protected].

13. INDEMNIFICATION

1. The User agrees to indemnify, defend and hold harmless EMECHMART, its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
2. The User shall be solely liable for any breach of any country-specific rules and regulations or general code of conduct and EMECHMART cannot be held responsible for the same.

14. MISCELLANEOUS

1. SEVERABILITY: If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.
2. AMENDMENT TO THE USER AGREEMENT: EMECHMART reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.
3. CONFIDENTIALITY: Any information which is specifically mentioned by EMECHMART as confidential shall be maintained confidentially by the User and shall not be disclosed unless as required by law or to serve the purpose of this User Agreement and the obligations of both the parties herein.
4. FEEDBACK FROM CUSTOMER: EMECHMART would like to know the feedback of the Users for improving its services. The User hereby authorizes EMECHMART to contact the User for their feedback on various services offered by EMECHMART. Such feedback may be collected through emails, telephone calls, SMS or any other medium from time to time. In case the User chooses not to be contacted, such User shall write to EMECHMART for specific exclusion at [email protected].
5. PRIVACY POLICY: User shall also refer to EMECHMART’s Privacy Policy available on EMECHMART’s website which governs use of the Websites. By using the Website, User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by EMECHMART and its affiliates in accordance with the terms of the Privacy Policy.