BhopalEMall provides its services to you subject to the terms and conditions given hereunder. If you visit us at BhopalEMall, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future BhopalEMall service (e.g. Your Account/Profile, Gift Certificates etc.) or visit or purchase from BhopalEMall, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by BhopalEMall. By using the shopping service of BhopalEMall, you agree to be bound by these terms and conditions. All products/services and information displayed on BhopalEMall constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. BhopalEMall reserves the right to accept or reject your offer at any time or under any circumstances.
“Product/Products” means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on BhopalEMall and the related description, information, procedure, processes, warranties, delivery schedule, etc.
When you visit BhopalEMall or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on BhopalEMall. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of warranties and limitation of liability
BhopalEMall has made this service available to use as a matter of convenience. BhopalEMall expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. BhopalEMall also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BhopalEMall does not warrant that these sites/applications, its servers, or e-mail sent from BhopalEMall are free of viruses or other harmful components. BhopalEMall will not be liable for any damages of any kind arising from the use of these sites/applications, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of BhopalEMall is provided on an “as is” basis without warranties of any kind, whether express or implied. BhopalEMall does not represent or warrant maintaining the confidentiality of information; although BhopalEMall’s current practice is to ensure reasonable efforts to maintain such confidentiality.
BhopalEMall does not endorse in anyway any advertisers/ contents of advertisers on its pages or other communication.
BhopalEMall will not be responsible for any damage suffered by Users from use of the services on its sites/applications. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer or mobiles virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
BhopalEMall assumes no liability whatsoever for any monetary or other damage suffered by you on account of:-
The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the .services
Any interruption or errors in the operation of the services. You expressly understand and agree that BhopalEMall shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if BhopalEMall has been advised of the possibility of such damages)
User agrees and acknowledges that User shall be solely responsible for User’s conduct and that BhopalEMall reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative or regulatory authority authorized in this regard from time to time. In no event shall BhopalEMall, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever 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 BhopalEMall sites/services/applications for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
BhopalEMall therefore neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on BhopalEMall.
BhopalEMall shall be delayed or not deliver the goods in time, due to flood, fire, wars, acts of God or any cause that is beyond the control of BhopalEMall.
All prices, unless indicated otherwise are in Indian Rupees and BhopalEMall reserves the right to enhance the currency offerings or limit the currency offerings at any time without notice.The availability of products is subject to change without prior notice at the sole discretion of BhopalEMall and orders can be cancelled if the product goes out of stock.BhopalEMall reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card or cheque or otherwise. In the event the payment has been processed by BhopalEMall the refund amount shall be credited to your credit card account or sent by cheque, and you would be duly notified by email.
BhopalEMall will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User and the onus to ‘prove otherwise’ shall be exclusively on the User.
Any request for cancellation of orders once duly placed on the site, shall not be entertained.
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by BhopalEMall for re-delivery shall be claimed from the User placing the order.
Presently, the service(s) of BhopalEMall Shopping are being offered free. However, BhopalEMall reserves the right to charge a fee for any or such facilities or freight or handling charges or shipping charges or statutory taxes. BhopalEMall also reserves the right to offer certain services or product offers, exclusively to a limited set of customers at its sole discretion or under specific terms & conditions.
BhopalEMall reserves the right to cancel orders for the product in their sole discretion for any reason which can include but not limited to, the product being out of stock, or for any other reason without intimation to the User.
Business entity registration: If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
The logo / image of BhopalEMall on the home page of the websites, applications & other pages and as used in the communication to the User is registered by BhopalEMall and cannot be used or communicated or distributed without the specific and written permission of BhopalEMall.
License and Site Access
BhopalEMall grants you a limited license to access and make personal use of the websites/applications and not to download (other than page caching) or modify it, or any portion of it, except in case BhopalEMall gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of these websites/applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. These sites/applications or any portion of these sites/applications may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BhopalEMall. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BhopalEMall without express written consent. You may not use any meta tags or any other “hidden text” and BhopalEMall’s name or trademarks without the express written consent of BhopalEMall. Any unauthorized use terminates the permission or license granted by BhopalEMall. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of BhopalEMall.com as long as the link does not portray BhopalEMall, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter or having a right to ownership of the same in any form. You may not use any BhopalEMall logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use BhopalEMall, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and also you agree to accept responsibility for all activities that occur under your account or password.
Reviews, Comments, Communications, and other Contents
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BhopalEMall reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to BhopalEMall, BhopalEMall may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the sites/applications if:
-The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of BhopalEMall
-The user has provided wrong, inaccurate, incomplete or incorrect information
-The user attempts to defraud BhopalEMall by using the functionalities on the websites/ mobile sites/applications;
– Your actions may cause any harm, damage or loss to the other Users or BhopalEMall
Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to BhopalEMall will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress
BhopalEMall shall have no liability to you for any interruption or delay in access to the Sites/Applications irrespective of the cause.
This site is created and controlled by BhopalEMall. The laws of India shall apply in respect of all the terms, conditions and disclaimers. BhopalEMall reserves the right to make changes to the terms, conditions and disclaimers at any time and without information to the customers/users of the services/of BhopalEMall. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You agree, undertake and confirm that you shall not host, display, upload, modify, publish, transmit, update or share any information which:
a.belongs to another person and to which the you do not have any right to;
b.is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
c.harm minors in any way;
d.infringes any patent, trademark, copyright or other proprietary rights;
e.violates any law for the time being in force;
f.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g.impersonate another person;
h.contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
i.threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.