Terms and Conditions

By using any of our services or registering on the website you agree that you have read, understood and are bound by the Terms and Conditions and Privacy Policy, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or immediately discontinue the use of our services.
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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.
For the purpose of these terms and conditions, wherever the context so requires ‘You’ shall mean any natural or legal person who has subscribed to or used the services of this website or has agreed to become a member of the website by providing registration data. “Elaa/we/us/our/website” shall mean Elaa registered at #204 Nar Narayan Premises, 2nd floor, B wing, 36 Turner Road, Bandra (W), Mumbai—400 050.

Use of the Elaa website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use this website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the website and shall not transact or use the website. As a minor if you wish to use or transact on the website, such use or transaction may be made by your legal guardian or parents who have registered as users of the website.

Introduction:

1. www.elaashop.in (“website”) is an Internet based e-commerce portal operated by Elaa.
2. Use of the website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these terms, as may be posted on the website from time to time.

User Account, Password and Security:

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your account. You agree to immediately notify Elaa of any unauthorized use of your password or account and ensure that you exit from your account at the end of each session.

Limited User:

Elaa grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it or any portion of it except in case Elaa gives written 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 this site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, modified, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of Elaa . You shall not use any meta tags or any other “hidden text” and Elaa name or trademarks without the express written consent of Elaa . Any unauthorized use terminates the permission or license granted by Elaa . You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of Elaa as long as the link does not portray Elaa, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner or having a right to ownership of the same in any form. You shall not use any Elaa logo or other proprietary graphic or trademark as part of the link without express written permission.

User Conduct and Rules:

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:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
3. 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.
4. Upload any video, photographs, or images of another person without his or her express written consent and permission (In case of minors, even if you have consent from the minor or his or her legal guardian).
5. 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.
6. Except where specifically authorised, the User may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software.
7. Conduct or forward surveys, contests, pyramid schemes or chain letters.
8. Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner.
9. 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.
10. Violate any code of conduct or other guidelines, which may be applicable for or to any particular service.
11. Violate any applicable laws or regulations for the time being in force in or outside India.
12. Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the website contained elsewhere here.
13. You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. Elaa reserves the right to bar any such activity.
14. You shall not create any false account or profile with Elaa. You alone are solely responsible for the data and information which has been provided to you. You shall not impersonate any other person/institution for any purposes.
15. Elaa reserves the right, but has no obligation, to monitor the materials posted on Elaa's website. Elaa shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Elaa. YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect the views of Elaa. In no event shall Elaa assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on Elaa. You hereby represent and warrant that you have all necessary rights in and to all content you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
16. The foregoing provisions are for the benefit of Elaa, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

Pricing:

All prices are in Indian rupees. Prices, products and services may change at Elaa's discretion. You shall be solely responsible for compliance of all applicable laws including those applicable for India for performing any transaction online.

Changed Terms:

Elaa shall have the right at any time to change or modify the terms and conditions applicable to your use of the Elaa website, or any part thereof, or to impose new conditions, including but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the Elaa website, or by electronic or conventional mail, or by any other means by which user obtains notice thereof. Any use of the Elaa website by user after such notice shall be deemed to constitute acceptance by user of such changes, modifications or additions.

Liability:

User expressly agrees that use of Elaa's website is at the user’s sole risk. The website is provided on an “As Is” basis without warranties of any kind, either express or implied. Elaa will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.

Breach:

Without limiting other remedies, Elaa may limit or terminate your activity, immediately remove your information, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Elaa website in the event you are found to be in a breach of any of the terms and conditions in this Agreement.

Indemnity:

You shall indemnify and hold harmless Elaa, its owner, licensee, affiliates and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

Trademark and Copyright:

Elaa or any other trademarks and trade names being shown on this website or used on this website are the property of the owners of this website and brand.

Third Party Content:

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, abusive, 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.”

If you do post content or submit material, and unless we indicate otherwise, you grant Elaa and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Elaa and its affiliates and sub-licensees, the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify and keep indemnified Elaa or its affiliates for all claims resulting from content you supply. Elaa has the right but not the obligation to monitor and edit or remove any activity or content. Elaa takes no responsibility and assumes no liability for any content posted by you or any third party.

Jurisdiction:

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Any dispute or litigation shall be subject to the Jurisdiction of the Courts of Mumbai alone and not at any other place in India or outside its boundaries.
If you have questions about this policy, please e-mail us at hello@elaashop.in.