Terms and Conditions
TERMS & CONDITION – NUPA technologies Private Limited (Eggoz)
1. WELCOME TO EGGOZ
1.1. Thank you for using www.eggoz.com. The Website is an online platform that (i) facilitates the online selling of Eggs and Eggs Products.
1.2. The Website and the Services are provided by Nupa Technologies Private Limited, a company incorporated in India, having its registered address at Plot No- B-3- B-6, Upper Ground Floor, Sector-32, Gurgaon-122003.
1.3. BY ACCESSING AND/OR USING THE WEBSITE AND THE SERVICES, YOU ARE AGREEING TO THESE TERMS OF USE (“Terms”). PLEASE READ THESE TERMS OF USE CAREFULLY AND REGULARLY.
1.4. For the purposes of these Terms of Use, wherever the context so requires, “You” or “User” shall mean any natural or legal person using the Website or the Services in any manner whatsoever including but not limited to accessing and browsing the Website, and registered users as may be applicable; the term “We”, “Us”, “Our” shall mean the Company, its affiliates, successors-in-interest, and permitted assigns.
2. MODIFICATION OF THE SERVICES
2.1. We provide the Services using a commercially reasonable level of skill and care and we hope that you enjoy using them. In our endeavor to cater to your needs in the most effective manner, we constantly improve our Services. We may add or remove functionalities or features and we may suspend or stop a Service altogether.
2.2. We may modify these terms or any additional terms that apply to a Service to reflect changes to the law or changes to the Services. You should look at these terms time to time. Changes addressing new functions for a service or changes made for legal reasons shall be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this Terms are included for convenience only and will not limit or otherwise affect these Terms.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
6. PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
8. ACCESS TO THE WEBSITE
8.1 These Terms govern your behaviour on the Website and set forth your obligations. You agree and confirm to the following responsibilities:
8.1.1 You shall comply with all the obligations set forth in these Terms.
8.1.2 You will use the Services rendered by us for lawful purposes only and comply with these Terms and all applicable laws, statutes, by-laws, acts of legislature or parliament rules, regulations, orders, ordinances, protocols, codes, guidelines, or policies of any governmental authority, and all applicable judicial orders and precedent (“Applicable Laws”) while using and transacting on the Website.
8.1.3 You shall provide us with only such information that is true and accurate to the best of your knowledge.
8.1.4 You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or any materials or content posted on the Website, whether in the form of text, images, audio, video, or audio-visual clips, or in any other form (the “Content”).
9. RESTRICTIONS ON USE
9.1. The Website is provided solely for non-commercial and personal use of the User. You may not use the Website for any other purpose, including any commercial purpose, without the Company’s express prior written consent. For example, you may not (and may not authorize any other party to): (i) co-brand the Website, or (ii) frame the Website, without the express prior written permission of an authorized representative of the Company.
9.2. For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Website or the Content accessible within the Website. You agree to cooperate with the Company in causing any unauthorized co-branding, or framing immediately to cease.
10. INTERACTIVE SERVICES
10.1. We may from time to time provide interactive services on the Website, including, without limitation:
Chat rooms
Bulletin boards
10.2. We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Website, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our Content standards, whether the service is moderated or not.
10.3. The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
11. ELECTRONIC COMMUNICATIONS
When you visit this Website or send e-mails to us, 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 this Website. 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. You agree that in case there are any changes in any information provided by you to us, including your e-mail address and other contact details, you will be solely responsible to update them regularly. If we send any communication by e-mail, it shall be sent to your e-mail address available on the records created by you on the Website and it shall be deemed to have been received by you once it is reflected as sent in the outbox of our e-mail id. You may cancel your account at any time by sending us an email contact@eggoz.in
12. PROPRIETARY INFORMATION
12.1. TRADEMARKS The material and Content accessible from the Website, and any other Worldwide Website owned, operated, licensed, or controlled by the Company is the proprietary information of the Company or the party that provided the Content to the Company, and the Company or the party that provided the Content to the Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of the Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the Website without the express written permission of the Company.
12.2. COPYRIGHTS The Website and its Content are protected by applicable copyright laws, and belong to the Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on the Website. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing the Website as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.
12.3. HYPER-LINKS The Website may be hyper-linked to other sites which are not maintained by, or related to, our Company. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site. Hyper-links to such sites are provided as a service to Users and are not sponsored by or affiliated with the Website or our Company. Our Company has not reviewed any or all of such sites and is not responsible for the content of those sites. Our Company also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user’s own risk, and our Company makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. If you hyper-link to a site, please be aware that you shall leave our Company’s web site and shall become subject to the rules and conditions of the linked site(s). We recommend that you make yourself aware of the Terms of Use of any site you link to from our Company’s site.
12.4. DOWNLOADING MATERIAL. You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet shall be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. The Company does not assume any responsibility or risk for your use of the Internet.
13. DISCLAIMER
EGGOZ DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. EGGOZ CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. EGGOZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EGGOZ DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY EGGOZ SERVICES/PRODUCT.
14. LIMITATION ON LIABILITY
14.1. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it including any information related to the products listed on the Website or the Website itself or Services, whether express or implied.
14.2. We will not be liable to any user for any direct, indirect or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, the Website;
use of or reliance on any content displayed on the Website; or
use of the products or services provided through the Website.
14.3. If you are a business user, please note that in particular, we will not be liable for:
loss of profits, sales, business, business opportunity or revenue;
business interruption;
loss of anticipated savings; or
loss of business opportunity, goodwill or reputation.
14.4. In no event shall the collective liability of the Company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of INR 100.
15. INDEMNITY
15.1. You shall indemnify and hold the Company, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of the Content other than as expressly authorized in these Terms of Use.
15.2. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgements, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith.
15.3. You shall also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the Site.
16. RELEASE AND WAIVER
16.1. To the maximum extent permitted by laws applicable, you hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of our Website, its Services, content or use of the products. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other common law of similar effect, to the fullest extent permitted by law.
16.2. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17. TERMINATION
We reserve the right to refuse to continue providing you with access to this Website if we discover that you are incompetent to contract by virtue of your age or otherwise under applicable law. This Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. In case, you choose to access this Website from any jurisdiction not governed by the laws of India, you are solely responsible for compliance with local laws of that jurisdiction and all applicable laws.
18. WEBSITE SECURITY
18.1. The Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
18.2. By accepting this agreement you waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the company or law enforcement authorities.
19. MISCELLANEOUS
19.1. GOVERNING LAW Please note that these Terms, its subject matter and its formation, are governed by the laws of the Republic of India. The courts of Gurugram shall have exclusive jurisdiction to deal with any dispute arising out of or in connection with these Terms or any other terms and conditions made applicable on you by us and you consent to the jurisdiction and venue of such courts and waive any objection as to inconvenient forum.
19.2. ENTIRE TERMS If any part of these Terms of Use is unlawful, void or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on the Website shall govern the items to which they pertain. The Company may revise these Terms of Use at any time by updating this posting.
