Privacy and Policy

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Ortusolis Technology Solutions Pvt. Ltd.

Regd Office: Bengaluru, India

Last updated February 20, 20223

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally

or on behalf of an entity (“you”) and Ortusolis Technology Solutions Pvt. Ltd. ("Company", “we”,

“us”, or “our”), concerning your access to and use of the http://www.emerg.evenkart.in/ website as

well as any other media form, media channel, mobile website or mobile application related, linked,

or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you

have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE

WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE

AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time

are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion,

to make changes or modifications to these Terms of Use at any time and for any reason. We will

alert you about any changes by updating the “Last updated” date of these Terms of Use, and you

waive any right to receive specific notice of each such change. It is your responsibility to periodically

review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to

have been made aware of and to have accepted, the changes in any revised Terms of Use by your

continued use of the Site after the date such revised Terms of Use are posted.

The information provided on the Site is not intended for distribution to or use by any person or

entity in any jurisdiction or country where such distribution or use would be contrary to law or

regulation or which would subject us to any registration requirement within such jurisdiction or

country. Accordingly, those people who choose to access the Site from other locations do so on their

own initiative and are solely responsible for compliance with local laws, if and to the extent local

laws are applicable.

The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not

permitted to use or register for the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases,

functionality, software, website designs, audio, video, text, photographs, and graphics on the Site

(collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the

“Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and

trademark laws and various other intellectual property rights and unfair competition laws of India,

international copyright laws, and international conventions. The Content and the Marks are

provided on the Site “AS IS” for your information and personal use only. Except as expressly

provided in these Terms of Use, no part of the Site and no Content or Marks may be copied,

reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,

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Ortusolis Technology Solutions Pvt. Ltd.

Regd Office: Bengaluru, India

transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose

whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the

Site and to download or print a copy of any portion of the Content to which you have properly

gained access solely for your personal, non-commercial use. We reserve all rights not expressly

granted to you in and to the Site, the Content and the Marks.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information you submit will be

true, accurate, current, and complete; (2) you will maintain the accuracy of such information and

promptly update such registration information as necessary; (3) you have the legal capacity and you

agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you

reside; (5) you will not access the Site through automated or non-human means, whether through a

bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7)

your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the

right to suspend or terminate your account and refuse any and all current or future use of the Site

(or any portion thereof).

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and will

be responsible for all use of your account and password. We reserve the right to remove, reclaim, or

change a username you select if we determine, in our sole discretion, that such a username is

inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colours, features, specifications, and

details of the products available on the Site. However, we do not guarantee that the colours,

features, specifications, and details of the products will be accurate, complete, reliable, current, or

free of other errors, and your electronic display may not accurately reflect the actual colours and

details of the products. All products are subject to availability, and we cannot guarantee that items

will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices

for all products are subject to change.

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Ortusolis Technology Solutions Pvt. Ltd.

Regd Office: Bengaluru, India

6. PURCHASES AND PAYMENT

We accept the following forms of payment:

- Credit Card

- Debit Card

- UPI

- Wallet

- Netbanking

You agree to provide current, complete, and accurate purchase and account information for all

purchases made via the Site. You further agree to update account promptly and payment

information, including email address, payment method, and payment card expiration date, so that

we can complete your transactions and contact you as needed. GST will be added to the price of

purchases as applicable by prevalent tax laws. We may change prices at any time. All payments shall

be in INR.

You agree to pay all charges at the prices then in effect for your purchases and any applicable

shipping fees, and you authorize us to charge your chosen payment provider for any such amounts

upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we

have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion,

limit or cancel quantities purchased per person, per household, or per order. These restrictions may

include orders placed by or under the same customer account, the same payment method, and/or

orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders

that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

RETURN/CANCELLATION/REFUNDS POLICY

All sales are based on policies as provided by the seller/distributor for that product. These policies

are displayed along with product information.

7. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site

available. The Site may not be used in connection with any commercial endeavours except those

that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or

indirectly, a collection, compilation, database, or directory without written permission from us.

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2. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of

users by electronic or other means for the purpose of sending unsolicited email, or creating user

accounts by automated means or under false pretences.

3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including

features that prevent or restrict the use or copying of any Content or enforce limitations on the use

of the Site and/or the Content contained therein.

4. Engage in unauthorized framing of or linking to the Site.

5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account

information such as user passwords.

6. Make improper use of our support services or submit false reports of abuse or misconduct.

7. Engage in any automated use of the system, such as using scripts to send comments or messages,

or using any data mining, robots, or similar data gathering and extraction tools.

8. Interfere with, disrupt, or create an undue burden on the Site or the networks or services

connected to the Site.

9. Attempt to impersonate another user or person or use the username of another user.

10. Use any information obtained from the Site in order to harass, abuse, or harm another person.

11. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the

Content for any revenue-generating endeavour or commercial enterprise.

12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any

way making up a part of the Site.

13. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or

any portion of the Site.

14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any

portion of the Site to you.

15. Delete the copyright or other proprietary rights notice from any Content.

16. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or

other code.

17. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other

material, including excessive use of capital letters and spamming (continuous posting of repetitive

text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies,

impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of

the Site.

18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or

active information collection or transmission mechanism, including without limitation, clear graphics

interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes

referred to as “spyware” or “passive collection mechanisms” or “pcms”).

19. Except as may be the result of standard search engine or Internet browser usage, use, launch,

develop, or distribute any automated system, including without limitation, any spider, robot, cheat

utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script

or other software.

20. Use the Site in a manner inconsistent with any applicable laws or regulations.

21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.

8. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums,

and other functionality, and may provide you with the opportunity to create, submit, post, display,

transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site,

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Ortusolis Technology Solutions Pvt. Ltd.

Regd Office: Bengaluru, India

including but not limited to text, writings, video, audio, photographs, graphics, comments,

suggestions, or personal information or other material (collectively, "Contributions"). Contributions

may be viewable by other users of the Site and the Marketplace Offerings and through third-party

websites. As such, any Contributions you transmit may be treated as non-confidential and non-

proprietary. When you create or make available any Contributions, you thereby represent and warrant

that:

1. The creation, distribution, transmission, public display, or performance, and the accessing,

downloading, or copying of your Contributions do not and will not infringe the proprietary rights,

including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any

third party.

2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and

permissions to use and to authorize us, the Site, and other users of the Site to use your

Contributions in any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual

person in your Contributions to use the name or likeness of each and every such identifiable

individual person to enable inclusion and use of your Contributions in any manner contemplated by

the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials,

pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous,

slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions do not advocate the violent overthrow of any government or incite,

encourage, or threaten physical harm against another.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not contain any material that solicits personal information from anyone

under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.

12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise

intended to protect the health or well-being of minors;

13. Your Contributions do not include any offensive comments that are connected to race, national

origin, gender, sexual preference, or physical handicap.

14. Your Contributions do not otherwise violate, or link to material that violates, any provision of

these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of

Use and may result in, among other things, termination or suspension of your rights to use the Site

and the Marketplace Offerings.

9. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by

linking your account from the Site to any of your social networking accounts, you automatically grant,

and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited,

irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and

license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store,

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cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part),

and distribute such Contributions (including, without limitation, your image and voice) for any

purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate

into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use

and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and

includes our use of your name, company name, and franchise name, as applicable, and any of the

trademarks, service marks, trade names, logos, and personal and commercial images you provide. You

waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise

been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your

Contributions and any intellectual property rights or other proprietary rights associated with your

Contributions. We are not liable for any statements or representations in your Contributions provided

by you in any area on the Site. You are solely responsible for your Contributions to the Site and you

expressly agree to exonerate us from any and all responsibility and to refrain from any legal action

against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any

Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on

the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without

notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must

comply with the following criteria: (1) you should have first-hand experience with the person/entity

being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive,

or hate language; (3) your reviews should not contain discriminatory references based on religion,

race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews

should not contain references to illegal activity; (5) you should not be affiliated with competitors if

posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7)

you may not post any false or misleading statements; and (8) you may not organize a campaign

encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to

screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.

Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of

our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or

losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-

exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to

reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content

relating to reviews.

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Ortusolis Technology Solutions Pvt. Ltd.

Regd Office: Bengaluru, India

MOBILE APPLICATION LICENSE

Use License

If you access the Marketplace Offerings via a mobile application, then we grant you a revocable,

non-exclusive, non-transferable, limited right to install and use the mobile application on wireless

electronic devices owned or controlled by you, and to access and use the mobile application on such

devices strictly in accordance with the terms and conditions of this mobile application license

contained in these Terms of Use. You shall not: (1) decompile, reverse engineer, disassemble,

attempt to derive the source code of, or decrypt the application; (2) make any modification,

adaptation, improvement, enhancement, translation, or derivative work from the application; (3)

violate any applicable laws, rules, or regulations in connection with your access or use of the

application; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or

trademark) posted by us or the licensors of the application; (5) use the application for any revenue

generating endeavour, commercial enterprise, or other purpose for which it is not designed or

intended; (6) make the application available over a network or other environment permitting access

or use by multiple devices or users at the same time; (7) use the application for creating a product,

service, or software that is, directly or indirectly, competitive with or in any way a substitute for the

application; (8) use the application to send automated queries to any website or to send any

unsolicited commercial e-mail; or (9) use any proprietary information or any of our interfaces or our

other intellectual property in the design, development, manufacture, licensing, or distribution of any

applications, accessories, or devices for use with the application.

Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store

or Google Play (each an “App Distributor”) to access the Marketplace Offerings: (1) the license

granted to you for our mobile application is limited to a non-transferable license to use the

application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in

accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we

are responsible for providing any maintenance and support services with respect to the mobile

application as specified in the terms and conditions of this mobile application license contained in

these Terms of Use or as otherwise required under applicable law, and you acknowledge that each

App Distributor has no obligation whatsoever to furnish any maintenance and support services with

respect to the mobile application; (3) in the event of any failure of the mobile application to conform

to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor,

in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile

application, and to the maximum extent permitted by applicable law, the App Distributor will have

no other warranty obligation whatsoever with respect to the mobile application; (4) you represent

and warrant that (i) you are not located in a country that is subject to a U.S. government embargo,

or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you

are not listed on any U.S. government list of prohibited or restricted parties; (5) you must comply

with applicable third-party terms of agreement when using the mobile application, e.g., if you have a

VoIP application, then you must not be in violation of their wireless data service agreement when

using the mobile application; and (6) you acknowledge and agree that the App Distributors are third-

party beneficiaries of the terms and conditions in this mobile application license contained in these

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accepted the right) to enforce the terms and conditions in this mobile application license contained

in these Terms of Use against you as a third-party beneficiary thereof.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with

third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing

your Third-Party Account login information through the Site; or (2) allowing us to access your Third-

Party Account, as is permitted under the applicable terms and conditions that govern your use of

each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-

Party Account login information to us and/or grant us access to your Third-Party Account, without

breach by you of any of the terms and conditions that govern your use of the applicable Third-Party

Account, and without obligating us to pay any fees or making us subject to any usage limitations

imposed by the third-party service provider of the Third-Party Account. By granting us access to any

Third-Party Accounts, you understand that (1) we may access, make available, and store (if

applicable) any content that you have provided to and stored in your Third-Party Account (the

“Social Network Content”) so that it is available on and through the Site via your account, including

without limitation any friend lists and (2) we may submit to and receive from your Third-Party

Account additional information to the extent you are notified when you link your account with the

Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy

settings that you have set in such Third-Party Accounts, personally identifiable information that you

post to your Third-Party Accounts may be available on and through your account on the Site. Please

note that if a Third-Party Account or associated service becomes unavailable or our access to such

Third-Party Account is terminated by the third-party service provider, then Social Network Content

may no longer be available on and through the Site. You will have the ability to disable the

connection between your account on the Site and your Third-Party Accounts at any time. PLEASE

NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH

YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-

PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any

purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not

responsible for any Social Network Content. You acknowledge and agree that we may access your

email address book associated with a Third-Party Account and your contacts list stored on your

mobile device or tablet computer solely for purposes of identifying and informing you of those

contacts who have also registered to use the Site. You can deactivate the connection between the

Site and your Third-Party Account by contacting us using the contact information below or through

your account settings (if applicable). We will attempt to delete any information stored on our servers

that was obtained through such Third-Party Account, except the username and profile picture that

become associated with your account.

10. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other

information regarding the Site or the Marketplace Offerings ("Submissions") provided by you to us

are non-confidential and shall become our sole property. We shall own exclusive rights, including all

intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these

Submissions for any lawful purpose, commercial or otherwise, without acknowledgement or

compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby

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warrant that any such Submissions are original with you or that you have the right to submit such

Submissions. You agree there shall be no recourse against us for any alleged or actual infringement

or misappropriation of any proprietary right in your Submissions.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other

websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs,

music, sound, video, information, applications, software, and other content or items belonging to or

originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party

Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness

by us, and we are not responsible for any Third Party Websites accessed through the Site or any

Third-Party Content posted on, available through, or installed from the Site, including the content,

accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in

the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or

installation of any Third-Party Websites or any Third-PartyContent does not imply approval or

endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to

use or install any Third-Party Content, you do so at your own risk, and you should be aware these

privacy and data gathering practices, of any website to which you navigate from the Site or relating

to any applications you use or install from the Site. Any purchases you make through Third-Party

Websites will be through other websites and from other companies, and we take no responsibility

whatsoever in relation to such purchases which are exclusively between you and the applicable third

party. You agree and acknowledge that we do not endorse the products or services offered on Third-

Party Websites and you shall hold us harmless from any harm caused by your purchase of such

products or services. Additionally, you shall hold us harmless from any losses sustained by you or

harm caused to you relating to or resulting in any way from any Third-Party Content or any contact

with Third-Party Websites.

11. SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of

Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or

these Terms of Use, including without limitation, reporting such user to law enforcement

authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the

availability of, or disable (to the extent technologically feasible) any of your Contributions or any

portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from

the Site or otherwise disable all files and content that are excessive in size or are in any way

burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our

rights and property and to facilitate the proper functioning of the Site and the Marketplace

Offerings.

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We care about data privacy and security. By using the Site or the Marketplace Offerings, you agree

to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use.

Please be advised the Site and the Marketplace Offerings are hosted in India. If you access the Site or

the Marketplace Offerings from any other region of the world with laws or other requirements

governing personal data collection, use, or disclosure that differ from applicable laws in India, then

through your continued use of the Site, you are transferring your data to India, and you expressly

consent to have your data transferred to and processed in India.

12. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or

through the Site infringes upon any copyright you own or control, please immediately notify us using

the contact information provided below (a “Notification”). A copy of your Notification will be sent to

the person who posted or stored the material addressed in the Notification. Please be advised that

pursuant to applicable law you may be held liable for damages if you make material

misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by

the Site infringes on your copyright, you should consider first contacting an attorney.

13. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING

ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE

DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE

MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR

ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY

APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE

AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR

INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and

creating a new account under your name, a fake or borrowed name, or the name of any third party,

even if you may be acting on behalf of the third party. In addition to terminating or suspending your

account, we reserve the right to take appropriate legal action, including without limitation pursuing

civil, criminal, and injunctive redress.

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14. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any

reason at our sole discretion without notice. However, we have no obligation to update any

information on our Site. We also reserve the right to modify or discontinue all or part of the

Marketplace Offerings without notice at any time. We will not be liable to you or any third party for

any modification, price change, suspension, or discontinuance of the Site or the Marketplace

Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may

experience hardware, software, or other problems or need to perform maintenance related to the

Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update,

suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for

any reason without notice to you. You agree that we have no liability whatsoever for any loss,

damage, or inconvenience caused by your inability to access or use the Site or the Marketplace

Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing

in these Terms of Use will be construed to obligate us to maintain and support the Site or the

Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

15. GOVERNING LAW

These terms shall be governed by and defined following the laws of the Government of India and

yourself irrevocably consent that the courts of India having jurisdiction over Karnataka State shall

have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

16. DISPUTE RESOLUTION

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its

existence, validity, or termination, shall be referred to and finally resolved by the International

Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue

Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as

the part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or

arbitration shall be Bengaluru, India. The language of the proceedings shall be English or Kannada.

The governing law of the contract shall be substantive law of India.

Restrictions

The Parties agree that any arbitration shall be limited to the dispute between the Parties

individually. The full extent permitted by law, (a) no arbitration shall be joined with any other

proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis

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or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be

brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning

binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any

of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of

theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this

provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any

Dispute falling within that portion of this provision found to be illegal or unenforceable and such

Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction

above, and the Parties agree to submit to the personal jurisdiction of that court.

17. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions

that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various

other information. We reserve the right to correct any errors, inaccuracies, or omissions and to

change or update the information on the Site at any time, without prior notice.

18. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE

SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE

DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE

THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR

REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE

CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR

RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM

YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR

SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL

INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR

FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE

TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR

OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND

INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE

MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME

RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY

THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION

FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY

WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY

PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE

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THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND

EXERCISE CAUTION WHERE APPROPRIATE.

19. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY

THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR

PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES

ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR

LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION,

WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6)

MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND

INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES

OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY

TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT

APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

20. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of

our respective officers, agents, partners, and employees, from and against any loss, damage, liability,

claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due

to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4)

any breach of your representations and warranties set forth in these Terms of Use; (5) your violation

of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt

harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive

defence and control of any matter for which you are required to indemnify us, and you agree to

cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify

you of any such claim, action, or proceeding which is subject to this indemnification upon becoming

aware of it.

21. USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the perf

mance of the Site, as well as data relating to your use of the Site. Although we perform routine

backups of data, you are solely responsible for all data that you transmit or that relates to any

activity you have undertaken using the Site. You agree that we shall have no liability to you for any

loss or corruption of any such data, and you hereby waive any right of action against us arising from

any such loss or corruption of such data.

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22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND

SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic

communications. You consent to receive electronic communications, and you agree that all

agreements, notices, disclosures, and other communications we provide to you electronically, via

email and on the Site, satisfy any legal requirement that such communication be in writing. YOU

HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER

RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS

INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements

under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an

original signature or delivery or retention of non-electronic records, or to payments or the granting

of credits by any means other than electronic means.

23. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the

Site constitute the entire agreement and understanding between you and us. Our failure to exercise

or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or

provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or

all of our rights and obligations to others at any time. We shall not be responsible or liable for any

loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any

provision or part of a provision of these Terms of Use is determined to be unlawful, void, or

unenforceable, that provision or part of the provision is deemed severable from these Terms of Use

and does not affect the validity and enforceability of any remaining provisions. There is no joint

venture, partnership, employment or agency relationship created between you and us as a result of

these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed

against us by virtue of having drafted them. You hereby waive any and all defences you may have

based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to

execute these Terms of Use.

I hereby acknowledge that by clicking on this button / checking this box, I confirm to have read,

understood and voluntarily agreed to the terms of this document relating to use of the website.

24. CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding use of

http://www.emerg.evenkart.in/ the Site, please contact us at:

Regd. Office: 64, 5th main, Pramod Layout, Pantarapalya Post, Bengaluru, India

Operating Office: 63/2, 2nd Floor "Akshaya" 18th Cross Road, Malleshwaram, Bengaluru, India

Email: support@emerg.etaarana.in