Terms & Conditions

This website www.edaakiya.com (hereinafter referred to as the "Website") is referred as the "Company" or "we" or "us" or "our" having its registered office at Sector 45, Gurugram, HR, 122022.

These Terms and Conditions are applicable to users of the Company's website www.edaakiya.com (hereinafter referred to as "Website"). The user of the Website (henceforth referred as the "User" or "You" or "Your") includes merchants, clients and service recipients of the Company (natural or legal person) registered with the Website and all of their employees and authorised users ("Merchant") and/or unregistered guest users, end-customers.

These are standard terms and conditions (hereinafter referred to as "Terms and Conditions") in form of electronic record in terms of Information Technology Act, 2000 and rules under as applicable and provisions to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record does not require any physical or digital signatures.

By using the services and tools provided on the Website, it is deemed that You have read and accepted the terms and conditions contained herein. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. Use of the Website by You shall governed by these terms and conditions and shall constitute your binding obligations with the Company.

The Company provides various services to the Merchants and Users ("Services") through the Website. The use of the Website for the Services provided by the Company to the Merchant are additionally governed by the service agreement and/or merchant agreement as may be separately executed between the Merchant and the Company from time to time.

When the User (including Merchant) uses any of the Services provided by the Company through the Website, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such Services, and privacy policy of the Company, and they shall be deemed to be incorporated into this Terms and Conditions and shall be considered as an integral part of this Terms and Conditions.

The Company reserves the right, at its sole discretion, to change or modify these Terms and Conditions, from time to time without any obligations to inform You. It is your responsibility to check the Terms and Conditions periodically for changes. Your continued use of the Website following the posting of changes will mean that You have read and thereby accept and agree to the changes.

As long as You comply with these Terms and Conditions, the Company grants You a personal, non-exclusive, non-transferable, limited right to enter and use the Website. All rights including copyright, in this Website are owned by the Company or otherwise licensed to the Company. Any use of this Website or its contents, including copying or storing it in whole or part without the permission of the Company is prohibited.

WhatsApp Notification Service:

ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.

Account Requirements:

Usage Restrictions:

Use of the Website is available only to persons who can enter into a legally binding contract 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 the Website.

As a minor if You wish to use or transact on the Website, such use or transaction may be facilitated by your legal guardian or parents. The Company reserves the right to terminate and refuse to provide You with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years or are incompetent to contract as per applicable laws.

Fraud Prevention:

Without limiting any other remedies, We may suspend or terminate Your membership account if We suspect that You (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Website.

If You are a Merchant to the Company registered with the Website, You shall be responsible for maintaining the confidentiality of your User ID and Password and You shall be responsible for all activities that occur under your User ID and Password.

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms and Conditions, then the Company has the right to indefinitely suspend or terminate or block access of your registration with the Website and refuse to provide You with access to the Website.

You shall also be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or consequential unauthorized use of the material or content on the Website.

When you register on the Website, You will receive emails from the Company. The emails will be regarding your transactions, account servicing and promotional emails related to the Website.

In order to provide efficient Services, the Merchant is required to provide certain information and data (including sensitive personal data or information) relating to the customer of the Merchant. The Merchant shall ensure that they have adequate consent and authority from its customer to share such data and information with the Company.

Prohibited Content:

You shall not host, display, upload, modify, publish, transmit, update or share any information on the Website that:

The Company is under no obligation to review any messages, information or content ("Records") provided by You on the Website, and the Company assumes no responsibility or liability relating to any such Records on the Website.

You agree, confirm and undertake that your use of the Website shall be strictly governed by the following binding principles:

Prohibited Activities:

All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to the Company, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms and Conditions, 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 use, without the Company's express prior written consent.

You shall not purchase search engine services or other pay per click keywords (such as Google AdWords), or domain names that use Edaakiya or Edaakiya trademarks and/or variations and misspellings thereof.

The Company provides various services to the Merchants and Users ("Services"). The performance of services by the Company depends on the accuracy of information and records of the Users. From time to time, You shall be responsible for providing information relating to the products and/or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects.

Disclaimers:

Indemnification:

You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Edaakiya partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

The Company may immediately terminate membership / account of any User who verbally or in written form abuse (including threats of abuse or retribution) any customer, employee, member, or officer of the Company.

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of the Company and the Company is 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.

The Company is not responsible for any form of transmission, whatsoever, received by You from any Linked Site. The Company is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.

The Company is not responsible for any errors, omissions or representations on any Linked Site. The Company does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

Your use of the Linked Sites shall be subject to the terms and conditions of use of such sites and the Company shall not be held responsible or liable in any manner whatsoever for your access to or dealings with the Linked Sites.

There are different payment term options available and depending on the payment term agreed by the Merchant with the Company, the Merchant has to pay the invoices as raised by the Company within the stipulated credit period as agreed in the service agreement or merchant agreement as may be entered into between the Company and the Merchant, from time to time.

Payment Disclaimers:

While availing any of the payment method/s offered at the Website, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

All payments made against the Services on the Website by You, shall be compulsorily in Indian Rupees acceptable by the Union of India. The Company does not accept any other form of currency with respect to the purchases made on the Website.

The Company reserves the right to cancel any Service order without any explanation for doing so, under situation where the Company is not able to meet the requirement of the Service order placed or order so placed/cancelled does not comply with the policy of the Company or Service order has invalid address/incorrect information or for any other reason.

However, the Company will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned persons.

Important Guidelines:

The Merchant shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

Prohibited Items:

Without prejudice to the generality of the above, the Company does not permit Services of following items:

Furthermore, you agree to display and adhere to a terms of use or other user-type agreement, as well as a privacy policy, governing Your operation of Your Store and Your conduct with Your Store's customers.

Without limiting other remedies, the Company may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your registration, and/or refuse to provide You with access to the Website in the event, but not limited to:

The Company may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with the Website or use the Website in any manner whatsoever until such time that such User is reinstated by the Company.

Notwithstanding the foregoing, if You breach the Terms and Conditions or Privacy Policy or other rules and policies, the Company reserves the right to recover any amounts due and owing by You or to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.

You shall indemnify and hold harmless the Company its licensee, affiliates, service partners, service providers, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms and Conditions, other Policies, or your violation of any law, rules or regulations or the rights of a third party.

The Company will not be liable to you (whether under the law of contract, the law of torts, law of equity or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website.

Under no circumstance, including, but not limited to, negligence, shall the Company be liable for any indirect, incidental, special, exemplary, or consequential damages that result from the use of, or the inability to use, including but not limited to the information, materials on the page, page content, page code, User services or the software.

While the Company shall take reasonable precautions against security breaches, no webpage or internet transmission is completely secure, and as such, the Company shall not be liable for any indirect, special, exemplary, or consequential damages that may result from unauthorized access, hacking, data loss, or other breaches that may occur.

The Company is not liable for any delay in the performance or non-performance of any of its obligations hereunder and shall not be liable for any loss or damages caused thereby where the same is occasioned by any cause whatsoever that is beyond our control including but not limited to an act of God, war, civil disturbance, governmental or parliamentary restrictions, prohibitions or enactments of any kind, or accident or non-availability/ delay in transport.

Waiver:

The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

Assignment:

Severability:

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.