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.
(a) “YOU/USER/BUYER” refers to persons registered with Cosmo World on its website www.saharaevols.com and subscribe under the options of ‘Subscribed Purchases” or Trail Order, meaning as ascribed hereunder.
(b) “Product” refers to the items as listed on www.saharaevols.com and available for purchase.
(c) “Subscribed Purchases” refers to purchase of the Product by the User who has registered herself/himself on www.saharaevols.com for scheduled periodical purchases and delivery of the Products with confirmed orders.
(d) “SERVICES” refers to the sale of products listed on www.saharaevols.com and other functionalities of the Website.
2. ACCEPTANCE OF TERMS
3. DESCRIPTION OF SERVICE, TERMS OF ORDER AND PRICING
(b) Notwithstanding anything to the contrary contained herein, in no event shall Cosmo World, its partners, officials, representatives and employees shall be liable for any damages relating to the services / products provided offered through the Website. In the event of a material or fundamental breach by Cosmo World of the terms hereof, Cosmo World’s liability shall be up to and shall in no event exceed the MRP of the Product/s received by Cosmo World from you. It is further clarified that any loss or damage beyond the amount of such service charge and vendor task fee, if any, shall be deemed as a clear waiver by You.
4. YOUR REGISTRATION OBLIGATIONS
(a) In consideration of your use of the Service, You represent and confirm that You are of legal age to enter into a binding contract and not barred from receiving the Services / Products under the laws of India. It is clarified that the Product & Services offered under the website www.saharaevols.com are available within the territories of India only and the offering of Product & Services within a geographical location or locations shall be at the sole discretion of the Cosmo World.
(b) To avail a Service You have and must continue to maintain at your sole cost: (1) all the necessary equipments including a computer and modem etc. to access the Service; (2) own access to the World Wide Web. You are responsible for accessing the Service and that access may involve third party fees including, airtime charges or internet service provider’s charges which are to be exclusively borne by You.
(c) You also understand that the Service as mentioned on the website may include certain communications from Cosmo World or such as service announcements and administrative messages. You understand and agree that the Service is provided on “AS IS” basis and that neither Cosmo World nor any of its affiliate or group companies assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
If You are receiving emails from Cosmo World or which You would rather not receive, please review the preferences specified on Website and make any desired changes. If upon updating Your preferences, You still receive such emails from Cosmo World or that You would rather not receive, please report the matter to Cosmo World and Cosmo World would investigate the situation and take appropriate steps in this regard.
(e) Furthermore, You grant Cosmo World the right to disclose to third parties certain Registration Data (to the extent necessary for the purpose of carrying out the Service) about yourself in the aggregate; however, such disclosures shall exclude your mailing address, email address, account and phone number, unless: (1) You expressly direct Cosmo World, or any other person to disclose such information through the Service; or (2) In case Cosmo World is required to disclose such information under any applicable law or legal process served on Cosmo World, Cosmo World shall notify You of such disclosure.
5. ELECTRONIC COMMUNICATIONS
When You visit Website or send emails to Cosmo World, You agree and understand that You are communicating with Cosmo World electronically and consent to receive communications from Cosmo World electronically. Cosmo World shall communicate with You through email or by posting notices on Website. You agree that all agreements, notices, disclosures and other communications that Cosmo World provides to You electronically shall be sufficient and shall be binding between Cosmo World and You as to the subject matter thereof.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
• Lack of authorization for any transaction/s, or
• Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
• Any payment issues arising out of the transaction, or
• Decline of transaction for any other reason/s
• All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
• Before shipping / delivering your order to you, Cosmo World may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
• You understand, accept and agree that the payment facility provided by Cosmo World is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Cosmo World Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Cosmo World is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
6A Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Cosmo World to purchase the Product/s using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Cosmo World using Payment Facility.
• You, as a Buyer, shall electronically notify Payment Facility using the appropriate Cosmo World Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.
• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within the stipulated time than this would make You ineligible for a refund.
• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
• Refund shall be subject to the Cancellation & Refund Policy of the Cosmo World.
• Cosmo World reserves the right to impose limits on the number of Transactions or Transaction Price, which Cosmo World may receive from an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
• Cosmo World reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Cosmo World or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
• Cosmo World may do such checks as it deems fit before approving the receipt of Buyers. As a result of such check if Cosmo World is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, Cosmo World shall have the right to reject the receipt of User commitment to pay Transaction Price.
• Cosmo World may delay notifying the payment confirmation, if Cosmo World deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Cosmo World may hold Transaction Price and Cosmo World may not Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
• The Buyer acknowledge that Cosmo World shall not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Cosmo World.
6B Compliance with Laws:
• As required by applicable law, if the User makes a purchase of an amount equal to or above INR 200,000/- (Two Lacs), the User will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the User will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the User, it need not be submitted again. The order of the User shall stand cancelled if there is a discrepancy between the name of the User and the name on the PAN Card.
• Buyer shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Cosmo World Website.
6C Buyer’s arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
(c) You acknowledge and agree that Cosmo World neither endorses the contents of any of your communications nor assumes responsibility whatsoever for any agreement arising there from or any crime facilitated thereby or any crime constituted thereby.
(d) You specifically acknowledge and agree that under applicable law any communication by You containing any threatening, libellous, obscene, harassing or offensive material and/or any infringement of third party intellectual property rights, may be punishable and considered offences and you shall solely remain liable for such offences. Further, you undertake to defend, indemnify and hold Cosmo World harmless from and against all claims, losses, costs, liabilities, damages or deficiencies resulting from the same.
8. YOUR ACCOUNT, PASSWORD AND SECURITY
(a) Upon completion of the registration process, You shall receive an user id and password. You shall at all times be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur under your password or user id.
(b) You shall immediately notify Cosmo World of any unauthorized use of your password or user id and to ensure that You log off at the end of each session. Cosmo World shall not be responsible for any, direct or indirect, loss or damage arising out of your failure to comply with this requirement.
10. DISCLAIMER OF WARRANTIES
In addition to the specific disclaimers as may be contained with respect to any service proposed to be availed by you, You expressly understand and agree that:
(a) Your use of the service is at your sole risk. The Services / Products are provided on an “as is” and “as available” basis. Cosmo World expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) Cosmo World makes no warranty that (i) the services / products shall meet your requirements, (ii) the services / products shall be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services / products shall be accurate or reliable, and (iv) the quality of any products, services / products, information, or other material purchased or obtained by you through the services / products shall meet your expectations.
(c) any material downloaded or otherwise obtained through the use of the services / products is done at your own discretion and risk and that you shall be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) no advice or information, whether oral or written, obtained by you from Cosmo World or from the services / products shall create any warranty not expressly stated.
(e) Cosmo World shall not be liable for any delay in providing services / products by the third party service providers for any reason or unforeseen circumstances whatsoever including (but not limited to) floods, fire, wars, emergency, terrorism, insurgency, riots, communal tensions, blockades, strikes, lock outs, acts of god or any other events not within the reasonable control of Cosmo World.
11. LIMITATION OF LIABILITY
You expressly agree and understand that in the event of a material or fundamental breach by Cosmo World of the terms hereof, Cosmo World’s liability shall be up to and shall in no event exceed the MRP of the Product/s and vendor task fee, if any, received by Cosmo World from you. It is further clarified that any loss or damage beyond the MRP and vendor task fee, if any, shall be deemed as a clear waiver by you.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
12. YOUR CONDUCT
(a) You are and shall remain solely responsible for the tasks, requests and contents of your transmissions through the services / products. your use of the services / products is subject to all applicable local, state, national and international laws rules and regulations.
(b) You agree to comply with any applicable law(s) regarding the transmission of data exported from your country through the Services / Products and not to use the Services / Products for illegal purposes.
(c) You agree not to use Website or the Services / Products to:
(i) impersonate any person or entity or falsely misrepresent your affiliation with a person or entity;
(ii) upload, mail, post or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary or similar rights;
(iii) upload, mail, post or otherwise make available any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or computer file or programme designed to interrupt, destroy or limit the functionality of any computer hardware or software or any other equipment;
(iv) interfere with or disrupt the Services / Products or server or networks connected to the Services / Products, or fail to follow any requirement, policy or regulation of networks connected to the Services / Products; and
(v) collect, store or transmit personal data about other registered Users in connection with the prohibited conduct and activities under the applicable laws.
(vi) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a terrorist organization;
(e) In recognition of the global nature of Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. You specifically agree to comply with all applicable laws regarding the transmission of technical data exported from your country of residence or the country from which You make any communication in any manner whatsoever to Cosmo World.
14. NO RESALE OR COMMERCIAL USE OF PRODUCT
You agree and undertake not to sell, trade or resell or exploit for any commercial purposes, any portion of the Service.
All notices and communications shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address:
(a) if to Cosmo World, at [email protected] or at the address posted on Website.
(b) if USER, at the communication and/or email address specified in the registration form
Notice shall be deemed to have been served 48 hours after it has been sent, dispatched, displayed, (as the case may be) unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the e-mail address is invalid.
17. COSMO WORLD’S PROPRIETARY RIGHTS
You agree and acknowledge that the Services / Products and any software used in connection with the Services / Products, content including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or e-mail-distributed, commercially produced information presented to You through the Services / Products (“Content”) on Website or by advertisers on Website, is protected by copyright agreement, trademarks, service marks, patents or other proprietary rights, agreements and applicable laws. Except as expressly authorized by Cosmo World or the advertiser, You agree not to modify, copy, reproduce, sell, distribute, or create derivative works based on the Services / Products, the Content or the software, in whole or in part.
20. GOVERNING LAW
(b) Subject to the Arbitration Clause above, the Courts of competent jurisdiction at Lucknow, Uttar Pradesh, India only shall have exclusive jurisdiction over the subject matter.