Terms of Use
TERMS OF USE
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.
The domain name www.myefferv.com shall mean and include the website or the related mobile site (hereinafter referred to as “Website”).
This Website is owned, managed and operated by M/s Stacktrail Cash and Carry Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at 1090/O, Municipal No 1580/1090/O, 17th Main, Sector 3, HSR Layout, Bangalore 560102 (hereinafter referred to as “Company”, “we”, “us” or “our”).
For the purpose of this document, wherever the context so requires “You” or “User” shall mean you, as a user of the Website or any person acting on your behalf who accesses or uses the Platform.
Your access to and use of the Website are governed by the following terms and conditions, as may be amended from time to time, and other applicable policies, including without limitation, privacy policy which are incorporated herein by way of reference (collectively referred to as “Terms“).
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS AS MAY BE AMENDED FROM TIME TO TIME, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE WEBSITE. By impliedly or expressly accepting these Terms, You also accept and agree to be bound by any amendments, updates and modifications to the Terms and the other policies (including but not limited to Privacy Policy), as maybe amended, updated and modified from time to time.
Additional terms and conditions may apply in order for You to view or avail specific portions or features of the Website,, all of which terms are to be read as part of these Terms. You agree to abide by such other terms and conditions, including where applicable representing that You are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Website, the latter terms shall control with respect to your use of that portion of the Website.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms, at any time without any prior written notice to You. It is your responsibility to review these Terms periodically for any updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions/ updates/ changes.
1. ELIGIBILITY
The Website is available for use and access 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 un-discharged insolvents etc. are not eligible to use the Website. If You are a minor i.e. under the age of 18 years, You may use the Website or access content on the Website only under the supervision and prior consent/ permission of a parent or your legal guardian.
You represent and warrant that You have the right, authority and capacity to abide by all these Terms. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity.
1. ACCESS AND USE
The Company grants You a limited right to access the Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This right does not include any resale or commercial use of this Website or its contents;; any derivative use of this Website or its contents for the purposes of operating a business that competes with the Company, or otherwise commercially exploiting the content of the Website; any downloading or copying of any content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purposes without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Website’s or Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission granted by the Company to the User to access and use the Website.
You agree, undertake and confirm that your access and use of the Website shall be strictly governed by the following:
(i) You shall not transmit, update or share any information which:
- belongs to another person and to which You do not have any right to;
- is harmful, blasphemous, defamatory, harassing, obscene or pornographic, abusive, illegal, invasive of another user’s privacy, racial, objectionable, relating or encouraging to money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is false or misleading in any way;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity] or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- contains video, photographs, or images of another person (with a minor or an adult);
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other;
- interferes with another user’s use and enjoyment of the Website;
- harms minors in any way;
- violates any law for the time being in force;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
(ii) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, , by hacking, password “mining” or any other illegitimate means.
(iii) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, or with any other person’s use of the Website.
(iv) You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company and / or others.
Except as expressly provided in these Terms, no part of the Website and no content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without the Company’s express prior written consent.
You shall be responsible for any notes, messages, emails, reviews, ratings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). You grant Us the worldwide, perpetual and transferable usage rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any use, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised. You agree that You are not entitled to any payment or other compensation for such use by Us.
3. INTELLECTUAL PROPERTY
The Company reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of the Company’s intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to the Company. Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, or non-commercial use, is prohibited without the permission of the Company. You may not modify, distribute or re-post anything on this Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the Company, its affiliates, its partners, its suppliers, or respective brand owners. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, information, product or service. The Company is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If You decide to link to any such third party websites, You do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website are intended solely for your personal and non-commercial use. No right, title or interest in any materials on the Website is transferred to You as a result of any downloading or copying of such material by you. You shall not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents of the Website or any related software. All software used on this Website is the property of the Company or its licensees and suppliers and protected by Indian and international copyright laws.
Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the contents on this Website is strictly prohibited. Unless otherwise noted, all contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by the Company, its affiliates or by third parties who have licensed their materials to the Company and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of the Company and is also protected by Indian and international copyright laws.
4. DISCLAIMER OF WARRANTIES AND LIABILITIES
To the fullest extent permissible pursuant to applicable law, the Company and its third-party partners, disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. For the purposes of this disclaimer, You expressly acknowledge that as used in this section, the term “Company” includes the officers, directors, employees, agents successors and assigns of the Company.
This Website, all the materials and products (including but not limited to software) included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, the Company does not warrant that this Website will be constantly available, or available at all; or the information on this Website is complete, true, accurate or non-misleading.
The Company will not be liable to You in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website. The Company does not warrant that this Website; information, content, materials, product/s (including software) included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
No advice or information, whether oral or written, obtained by You from the Company or through the Website will create any warranty or guarantee other than those expressly stated herein.
You acknowledge and undertake that You are accessing the Website at your own risk and are using your best and prudent judgment while accessing and using the Website.
We further expressly disclaim any warranties or representations (express or implied) in respect of suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose of the Website. The Company does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products displayed on the Website does not violate any third party rights, and Company makes no representations or warranties of any kind concerning any product displayed on the Website.
5. INDEMNITY AND LIMITATION OF LIABILITY
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under these Terms or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights, and/or arising from any fraud, willful misconduct, or negligence. This clause shall survive the expiry or termination of these Terms.
IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE.
6. NOTICE
The Company may provide You with notices and communications by e-mail, to Your shared email address. Except as otherwise set forth herein, notice to the Company must be sent by only courier or registered mail to 1090/O, Municipal No 1580/1090/O, 17th Main, Sector 3, HSR Layout, Bangalore 560102, Bangalore, Karnataka. For the avoidance of doubt, it is clarified that any communication sent in a manner other than specified herein shall not be considered to be a notice within the meaning of this provision.
7. PRIVACY POLICY
You hereby authorize Company to disclose your information to government authorities or to competent authorities or to credit bureaus or to other third persons, to comply with the obligation under the applicable laws. You also authorise Company to use your information for offering product and services to You, including from its associates/partners, unless specified otherwise. You agree to be bound by the terms and conditions of the Privacy Policy as to how we collect, use, and disclose your information which we may collect or get access to while You use or access the Website. For information concerning how we collect, use and disclose information concerning your use and access of the Website, You should refer to our privacy policy.
8. MISCELLANEOUS PROVISIONS
- Unless otherwise communicated, these Terms constitute the entire agreement between You and Company with respect to and govern your use of the Website, superseding any prior written or oral agreements in relation to the same subject matter herein.
- Company and You are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.
- If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- Company’s failure to enforce any right or failure to act with respect to any breach by You under the Terms will not constitute a waiver of that right nor a waiver of Company’s right to act with respect to subsequent or similar breaches.
- Under no circumstances shall Company be held liable for any delay or failure or disruption of the content displayed on the Website resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, outbreak of epidemic/pandemic, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Company shall have the right to assign all or part of these Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Company) without such assignment being considered a change to these Terms and without notice to You and shall be released from all liabilities thereof. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the Terms.
- The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Bangalore, Karnataka, India.