The following terms and conditions (“T&Cs” or “Terms and Conditions”) constitute a valid and binding agreement between you and Vamsi Marketing Private Limited (“We”, “Us”, "Our”, “Vamsi Eco”) by using, accessing and/or utilizing services / products (“Services”) provided on our website – www.vamsieco.com and/or the applications (the “Platform”). By accessing the Platform, and/or by registering with us, the users of the Platform (“You”) signify that you have read and agree to these terms and conditions, including that you have read and give unconditional consent to the Privacy Policy which can be found here, which is incorporated herein as a part of the covenant, and that you undertake to be governed by the laws of India.

 

PLEASE READ THE TERMS AND CONDITIONS AND THE PRIVACY POLICY CAREFULLY BEFORE USING THE PLATFORM AS THEY CONTAIN IMPORTANT INFORMATION REGARDING OUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

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This is a “Click Wrap Contract”, and by clicking on the “I accept” / “I agree” tab on the pop out when you first access the Platform and/or by accessing the Platform, you have acknowledged and accepted the terms and conditions and the privacy policy of the Platform.

 

This document is an electronic record 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 electronic record is generated by a computer system and does not require any physical or digital signatures.

 

1. DISCLAIMER

 

a. The Platform will not be responsible for any damage or loss of any kind direct, indirect, incidental, punitive and consequential arising from the use of or inability to use the Platform, or any third-party link or services, or any material appearing on the Platform. The contents of this Platform are meant to provide educational services to the user/accessor. They are not intended to be, nor is, a form of publicity, advertisement or solicitation of work.

 

b. We do not control how You can pay or how any refunds may be issued on third party platforms. Please review the third party platforms’ terms of service for additional information. Any charges, fees, taxes etc. levied by any third party platforms including banks, payment gateways, wallets etc. on the payments made to Us are to be borne by You. We do not take any responsibility for such charges, fees, taxes etc.

 

c. The links to other websites or resources are only for the informational purposes. We do not take any responsibility for the material or information used/accessed by You from the links provided.

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d. The specific method, features and Products offered on the Platform may be altered, improved, removed or adapted at any time by the Platform at its sole discretion and without any notice.

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e. If you do not agree to be bound by the terms of this Agreement, you may not use or access our Platform. We reserve the right to modify this Terms and Conditions at any time, and without prior notice, by posting the amended terms on this Platform. Your continued use of the Platform indicates your acceptance to the amended Terms and Conditions.

 

f. The Platform may contain links to other websites ("Third Party Sites"). The Third Party Sites are not under the control of Vamsi Eco and Vamsi Eco is not responsible for the contents of any Third Party Sites, including without limitation any link contained in a Third Party Site, or any changes or updates to a Third Party Sites. Third Party Sites is not responsible for any form of transmission, whatsoever, received by you from any Third Party Sites. Vamsi Eco is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Vamsi Eco or the website / services / products of the Third Party Sites or any association with its operators or owners including the legal heirs or assigns thereof. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

 

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2. ABOUT THE PLATFORM

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a. The Platform is an electronic platform in the form of an electronic marketplace and an intermediary that provides a platform for the Users to purchase the products as listed out in the ‘Our Products’ section that can be accessed here (“Products”) so listed on the Platform.

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b. We reserve the right to update, modify, add or delete the Products (and the prices thereof) without any obligation to intimate regarding the same. You agree and undertake to access the Products list as provided on the Platforms and keep yourself updated regarding the Products available.

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c. All our policies including but not limited to the Returns, cancellations and refunds policy, shipping policy and any other policies featuring on the Platform (“Policies”) will be deemed to be incorporated by reference herein and will govern the purchase of the Products from the Platform by the Users.

 

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3. PRICING

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Vamsi Eco, its affiliates or vendors do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability to any parties.

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While Vamsi Eco, its affiliates or vendors strives to provide accurate products, services and pricing information, typographical and other errors may occur. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, Vamsi Eco may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Vamsi Eco shall have the right to modify the price of the Product and contact you for further instructions via e-mail address provided by you at the time of registration, or cancel the order and notify you of such cancellation. If Vamsi Eco cancels the order after the payment has been processed, the said amount will be remitted to your account / same payment method from which the payment was made as per the Cancellations, Returns & Refunds Policy.

 

Prices for Products are described on our Platform and are incorporated into these Terms and Conditions by reference. All prices are in Indian rupees.

 

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4. USER ACCOUNT

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a. In consideration of your use of the Platform, You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Platform (“Registration Details”); (b) maintain and promptly update the Registration Details, and any other information you provide to Us, to keep it accurate, current and complete.

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b. You are responsible for maintaining the confidentiality of the password that you choose to access and use the Platform ('Account'). Subject to applicable law, you agree to be liable for all uses of your Account whether or not actually authorized by you, including but not limited to uses of your Account to use the Services and/or purchase any Services provided by the Platform. This means that You should not supply your password to anyone who is not authorized to take actions for You.

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c. You are prohibited from selling, trading, or otherwise transferring your Account to another party.

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d. We reserve the right to suspend or delete Your Account if (a) you materially or repeatedly breach these T&C; (b) We are required to do so to comply with a legal requirement or a court order; or (c) We believe there has been conduct that creates (or could create) liability or harm to any user, other third party; (d) if You fail to pay for any of the Products provided by the Platform; (e) for any misconduct observed by Us. We will notify You the reason for such termination/suspension/deletion of the Account.

 

 

5. USER CONTENT

 

a. You may be allowed to create, store and share content including text, videos, software, audio, animations, testimonials etc. on our Platform. By agreeing to create, store and share such content You agree and certify that You have not violated any copyright or any applicable laws, intellectual property or any third party rights of any person. The Platform does not take any responsibility for any such violations.

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b. The Platform may use the content uploaded by You for or in relation to the Products on the Platform. By agreeing to the T&C, You grant Us a perpetual, irrevocable, royalty free right to use or make changes or to distribute your User Content in all formats (audio, video etc.) now known or later developed without any form of compensation to You. We may also use Your usage patterns/statistics etc. to interpret/develop/distribute new innovations or to improve the existing Services and the related products, if any.

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c. You hereby agree that We reserve the right to take down any content uploaded by You if it violates any applicable laws in any jurisdiction, harms any third parties including the users of this Platform, would cause any harm, is inappropriate or is morally opposed. By agreeing to these T&C, You hereby revoke and waive any right to sue Us for such actions.

 

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6. CONSEQUENCES OF BREACH

 

We may immediately issue a warning (not necessarily always, sometime even without a notice) & temporarily suspend, indefinitely suspend or terminate your Account and/or any of your current orders of Products being used if We are unable to verify or authenticate any information You provide to Us or if We suspect any breach of applicable laws by You.

 

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7. YOUR OBLIGATIONS

 

a. Usage by minors: It is the responsibility of the parents/legal guardians to make sure that children below the age of 18 years use the material suitable for use by minors. If You do not meet the foregoing or other applicable requirements, You may not use the Platform. We shall under no circumstances be responsible for any use of the Platform by a minor or any orders placed through the Platform. Once a Product is purchased on the Platform, our refund, cancellation and returns policy as can be accessed here will apply.

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b. Notwithstanding anything above, all the design, the Platform, the Content and the Products, trademarks and names related to the Products and the Platform including but not limited to the software, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks used for the Platform is Our sole property and is protected by intellectual property laws like copyrights and trademarks. We expressly reserve all intellectual property rights in and to the Products, Platform and Content and You may not use the Products, Platform or any Content for any purpose other than those set out above. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or images obtained from the Platform. Limited reproduction and copying of the content of the Platform is permitted provided that Vamsi Eco’s name is stated as the source and prior written permission of Vamsi Eco is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.

 

c. Payments: You agree and undertake that you will pay for the Products on the Platform in a timely manner using the payment mechanism through various payment gateways available on the Platform, subject to applicable laws.  

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d. Compliance with applicable laws: You must comply with applicable laws in the jurisdiction in which You are domiciled, resident, using the Platform from and/or located. We are not responsible for providing advice to You regarding tax and/or other legal matters. You must obtain advice regarding tax and legal matters from the respective experts.

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e. General obligations: You must not commit any such act that leads to any interference, loss or damage in the working/performance of the Platform, access to Content and for purchase of Products.

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f. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Vamsi Eco, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Vamsi Eco or our Product, its suppliers or artisans or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.

 

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8. LIMITATION OF LIABILITY

 

a. In no event We shall be liable for any damages arising out of the use or inability to use the Content and/or Products on the Platform, even if our authorized representative has been notified orally or in writing of the possibility of such damage.

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b. In no event shall Vamsi Eco be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Platform or Products; (b) unauthorized access to or alteration of the User's transmissions or data; (c) any other matter relating to the Platform / Products; 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 Platform or Products.

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c. We will exercise reasonable efforts to provide the Products as per our Shipping Policy as can be accessed here. On occasion, due to any circumstances outside Our Control including any Act of God, riots, strikes, lockdowns, floods, earthquakes, pandemic / epidemic, government restrictions, applicable laws, change in guidelines / laws or related events (“Force Majeure Event”), as your exclusive and sole remedy, that Products will be made available to You within a reasonable time period.

 

 

9. EXCLUSION OF WARRANTIES:

 

The Platform, in particular, does not warranty/not give assurance for the following:

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a. Your use of the Products will meet your requirements,

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b. Any guarantee of exactness as to the finish and appearance of the final Product as ordered by the User. There may be slight variations in shape, size and colour from one item to the other. Such variations are inherent in the manufacturing of eco-friendly products. Therefore, the Product pictures on the Platform may not be identical to the Product that you receive.

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c. Vamsi Eco has endeavoured to ensure that all the information on the Platform is correct, but Vamsi Eco neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product etc.

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d. Vamsi Eco shall neither be responsible for the delay or inability to use the Platform or related services nor otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise.

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e. Vamsi Eco shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond our control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Platform 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 and/or data.

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10. CHANGES TO THE TERMS AND CONDITIONS

 

At this Platform, you are bound by the version of the Terms and Conditions as on the date of your visit. The terms of this Agreement may change from time to time, without any notification.  You are requested to review the Terms and Conditions from time to time.

 

 

11. TERMINATION

We, at our sole and absolute discretion and without any notice to You, reserve the right to restrict, suspend or terminate any Account or access to the Platform temporarily or permanently of any User of the Platform for any reason, or no reason. The reasons may include but not be limited to non-compliance with applicable laws, infringement of Our intellectual property, etc. You expressly acknowledge and agree that such termination will not be a breach on Our side.

 

 

12. INDEMNITY

 

You agree to defend, indemnify and hold harmless Us, our members, subsidiaries, officers, directors, employees, agents, licensors, and suppliers, affiliates and group companies, from and against all claims, actions or demands, liabilities, and settlements, that may arise, or alleged to arise due to your use of the Platform or your violation of the Terms and Conditions. This provision shall survive irrespective of termination of these Terms and Conditions or suspension of Account or any other circumstances.

 

 

13. ASSIGNMENT

 

We may assign this contract at any time to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. We will post a notice on the Platform regarding any change of ownership so that You have the opportunity to discontinue your use of the Platform or cancel your registration if You do not wish to continue to use the Platform and the Services under the new ownership. You may not assign, transfer or sublicense this Terms and Conditions read along with the Privacy Policy to anyone else and any attempt to do so in violation of this section shall be null and void.

 

 

14. MISCELLANEOUS

 

a. Entire Agreement: The terms and Conditions read along with the Privacy Policy and the respective amendments (if made) constitutes the entire agreement between You and Us and supersedes any prior agreements whether written or oral, with respect to the subject matter herein. Any additional or different terms in any order or written communications from you are void.

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b. Conflict: In the event of a direct conflict between the Terms and Conditions and the Privacy Policy, the Terms and Conditions shall prevail.

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c. Interpretation: We have sole authority/discretion to decide the manner in which any of the terms and conditions or any of the clauses of the privacy policy will be interpreted, and in case of any ambiguity Our interpretation shall be final and binding on You and Us.

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15. JURISDICTION AND DISPUTE RESOLUTION

 

a. Jurisdiction: Any dispute, questions, difference arising out of this agreement shall be settled as per the laws applicable in India. The courts in Mumbai shall have the exclusive jurisdiction. All the costs of such litigation will be borne by You.

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b. Dispute Resolution: Subject to clause 15.1 above, in case of any disputes arising to or related to these T&C and/or the Privacy Policy, the matter will be submitted into arbitration, wherein each party will appoint an arbitrator and the two appointed arbitrators will appoint a third arbitrator. The arbitration clause, proceedings and law will be as per the arbitration laws prevalent in India. The venue of arbitration shall be Kolkata, India.

 

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Questions seeking clarifications/interpretation of any of the terms and conditions can be sent to vamsieco@sterlinggoc.com or WhatsApp us on +919051387404.

 

In the event of any conflict between these Terms and Conditions and the Policies, the terms under these Terms and Conditions shall prevail to the extent of such conflict.