Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and
Password and You shall be responsible for all activities that occur under your Display Name and Password.
You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We shall
have the right to indefinitely suspend or terminate or block access of your membership on the Website and
refuse to provide You with access to the Website.
Communications
When You use the Website or send emails or other data, information or communication to us, You agree and
understand that You are communicating with Us through electronic records and You consent to receive
communications via electronic records from Us periodically and as and when required. We may communicate
with you by email or by such other mode of communication, electronic or otherwise.
Eligibility of User
If you are a minor i.e. under the age of 18 years, You shall register and access the website for browsing and
purchasing the project or software. As a minor if you wish to use or transact on the Website, such use or
transaction can be made by your legal guardian or parents who have as users of the Website or for you. From
us we can support you for your learning and understanding the purchase you made. Any miscreages,
resharing the information, group access, disclosing your user credentials for public access is brought to our
notice or if it is discovered, we reserve the right to terminate your membership.
Charges
Membership on the Website is free for buyers. We does not charge any fee for browsing and buying on the
Website. We reserve the right to change its Fee Policy from time to time. In particular, Embiotkart may at its
sole discretion introduce new services and modify some or all of the existing services offered on the Website.
In such an event We reserve the right to introduce fees for the new services offered or amend/introduce fees
for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such
changes shall automatically become effective immediately after they are posted on the Website. Unless
otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of
all applicable laws including those in India for making payments to us.
Limitations
You agree and undertakes not to modify, copy, distribute, transmit, display, reverse engineer, reproduce,
publish, license, create derivative works from, transfer, or sell any information or software obtained from the
Website. With prior written permission from us, limited reproduction and copying of the content of the
Website is permitted provided that Embiotkart.com's name is stated as the source. 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
Website is not permitted.
Conduct and Usage Restrictions
You agree and undertake to use the Website and the Service only to post and upload messages and material
that are proper. By way of example, and not as a limitation, you agree and undertake that when using a
Service, you will not:
a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others
b) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information;
c) upload files that contain software or other material protected by intellectual property laws unless you own
or control the rights thereto or have received all necessary consents;
d) upload or distribute files that contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of the Website or another's computer; computer
e) conduct or forward surveys, contests, pyramid schemes or chain letters;
f) download any file posted by another user of a Service that you know, or reasonably should know, cannot be
legally distributed in such manner;
g) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels
of the origin or source of software or other material contained in a file that is uploaded;
h) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
i) violate any applicable laws or regulations for the time being in force in or outside India;
j) violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of
the Website contained elsewhere herein.
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or
otherwise authorized to use the content and that the content does not infringe upon the property rights,
intellectual property rights or other rights of others. You further warrant that to your knowledge, no action,
suit, proceeding, or investigation has been instituted or threatened relating to any content, including
trademark, trade name service mark, and copyright formerly or currently used by you in connection with the
Services rendered by the Website.
Exactness Not Guaranteed
We hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as
ordered by the user. The quality of any products, services, information, or other material purchased or
obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your
order such as the merchandise brand, size, color etc.may be required due to limitations caused by availability
of product difference in size charts of respective brands etc. Product may exactly not or would not match with
the image shown/displayed in the product list.
Intellectual Property Rights
a) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a
third party and so expressly mentioned, We owns all Intellectual Property Rights to and into the Website,
including, without limitation, 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. You acknowledge and agree that you shall not use, reproduce or distribute any content from the
Website belonging to us without obtaining our authorization.
b) Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be
responsible for any content that you provide or upload when using any service, including any text, data,
information, images, photographs, music, sound, video or any other material which you may upload, transmit
or store when making use of our various services. However, with regard to the product customization Service
(as against other Services like blogs and forums) you expressly agree that by uploading and posting content
on to the Website for public viewing and reproduction/use of your content by third party users, you accept the
User whereby you grant a non-exclusive license for the use of the same.
Third Party Sites Links
The Website may contain links to other websites . The Linked Sites are not under our(or the Website) control
and we are not responsible for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Embiotkart.com is not responsible for any form of
transmission, whatsoever, received by you from any Linked Site. Website may provide these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Embiotkart.com or the Website
of the Linked 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.
Third Party Sites Links
The Website may contain links to other websites . The Linked Sites are not under our(or the Website) control
and we are not responsible for the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. Embiotkart.com is not responsible for any form of
transmission, whatsoever, received by you from any Linked Site. Website may provide these links to you only
as a convenience, and the inclusion of any link does not imply endorsement by Embiotkart.com or the Website
of the Linked 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.
Limitation of Use
The products which are listed or sold at our website are not authorised for use in life support, surgical
implantation, nuclear or aircraft applications or for any use or application in which the failure of any
component could cause substantial harm to persons or property. You agree to indemnify, defend and hold
harmless Embiotkart.com 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 Embiotkart..com that arise out of, result from, or may be payable by virtue of, any
breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be
performed by you pursuant to these Terms.
Disclaimer Of Warranties/Limitation Of Liability
The Company will endeavour to transfer the benefits of any warranty or guarantee given by the manufacturer
of goods to the customer.
If warranty offered by the dealer / manufacturer only will be replaced or serviced at the Company's options,
which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty
material, workmanship or design. And doesn't include items broken or damaged due to mishandling by the
buyers. In case of replace/repair/service, all the returns and delivery charges will be paid by the Customer.
The products are warranted(if offered) under the normal usage against defects in workmanship and materials
to the original buyer for the period offered or specified. Software programs are supplied on the strict
understanding that the Company does not warrant their function to be free from defects or error. The
Company does not write software comprised in the Goods and it is the Customers responsibility to check for
the presence of computer viruses before the Goods are used.
This obligation will not apply:
a) if the defect arises because the Customer has altered or repaired such Goods without the written consent of
the Company;
b) if the Customer did not follow the manufacturer's instructions for storage, usage, installation, use or
maintenance of the Goods;
C) if the Customer fails to notify the Company of the defect within the period specified by the supplier from
the date of dispatch of the Goods or performance of the Services.
The Company’s sole obligation and liability, should any Supplies prove damaged or defective in accordance
with this condition, shall be limited to, at the Company’s option, the repair or replacement of the relevant
Goods or the re-performance of the relevant Services or the refund of the price paid for the relevant Supplies.
This website, all the materials and products (including but not limited to software) and services, included on
or otherwise made available to you through this site are provided on Embiotkart.com on access is and as
available basis without any representation or warranties, express or implied except otherwise specified in
writing. Without prejudice to the forgoing paragraph, We does not warrant that:
a) This website will be constantly available, or available at all; or
b) The information on this website is complete, true, accurate or non-misleading. And not responsible for the
delay or inability to use the Website or related Functionalities, the provision of or failure to provide
Functionalities.
The Website provides content from other Internet websites or resources and while we try to ensure that
material included on the Website is correct, reputable and of high quality, it cannot accept responsibility if this
is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use
of such information or for any technical problems you may experience with the Website.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as
specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, Embiotkart.com or its suppliers shall not be liable for any
indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for
loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website,
its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Embiotkart.com to you for all
liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you,
against the value of the products ordered by you.
We have no control or prior knowledge of State Taxes or Octroi that may be charged by your state. The
buyer/you will be responsible to pay these taxes.
Pricing
Prices for products are described on our Website and are incorporated into these terms and Conditions by
reference. All prices are in Indian rupees. Prices, Products and Services may change at our discretion. Price
shown on each product is exclusive of Tax. As there are different taxes on different category of products, tax
percentage will be shown on cart page and invoice next to the product name and quantity. These taxes will be
calculated and shown in the bottom of Cart after subtotal and cart button after subtotal on top right of
website.
Privacy Policy
Kindly refer our privacy policy for detailed information. If you object to your Information being transferred or
used in this way please do not use our website.
Shipping & Returns
Kindly refer our Shipping & Returns policy for detailed information.
Report Abuse
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. We
does not review the contents in any way before they appear on the Website. We does not verify, endorse or
otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website.
Users can be held legally liable for their contents and may be held legally accountable if their contents or
material include, for example, defamatory comments or material protected by copyright, trademark, etc. If
you come across any abuse or violation of these Terms, please report to admin@embiotkart.co