Posted as of ___ May 2021
Last updated as of ___ May 2021
This legal agreement is an electronic record in terms of the Indian Information Technology Act, 2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Indian Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This Website is created and operated by M/s Veraku Lifestyle Private Limited, (hereinafter referred to as “We”, “Our”, and “Us”) a private limited company incorporated and registered under the provisions of the Companies Act, 2013 having its registered address at “52-A, Maruti Nagar, Near Hotel Flyview, Sanganer, Jaipur-302029” and operating under the brand name “Veraku” (“Brand name”). We intend to ensure your steady commitment to the usage of this website and the services provided by us through our website “www.veraku.com” (“Website”).
Registration is mandatory for all users of the platform. The Registrations shall be deemed complete only upon the user’s authentication and verification of the user’s details through mobile or email authentication. Users can link their Facebook as well as google plus account. Further, you can make purchases by checking out the cart available on our website after placing the order by putting in all the information that shall be required for delivering your order.
c) You shall not use the Website if you are not competent to contract or are disqualified from doing so by any other applicable law, rule, or regulation currently in force.
For making all payments for purchases on the Website, you shall be required to make payment for which you will be redirected to a third-party payment gateway that we may have an agreement with. The payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable. The payment gateway consists of Debit Card/Credit Card/Net Banking/UPI and other wallet options. You shall be governed under the concerned payment gateway’s Terms and Conditions and other Policies for the purpose of all payment-related aspects.
All text, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the users or third parties and We has no control and makes no guarantees regarding the quality, accuracy, integrity or genuineness of such content or such other information provided on the Website. All the Content displayed on the Website is subject to copyright and shall not be reused by You (or a third party) without prior written consent from Us and the copyright owner. You are solely responsible for the integrity, authenticity, quality, and genuineness of the content provided on the Website, and whilst feedback and comments by You can be made via the Website, We bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the content on the Website. Further, the Website reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Website or to terminate the account of any User who is found to have created or shared, or submitted any content or part thereof that is found to be
untrue/inaccurate/misleading or offensive/vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading. You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the content on the Website. You shall not copy, adapt, or modify any content without written permission from Us.
a. Your use of the Website,
c. Your violation of any rights of another;
e. Your conduct in connection with the Website;
You agree to fully cooperate in indemnifying Us at your expense. You also agree not to settle with any party without consent from Us. In no event shall we be liable to compensate 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, and whether or not You had
been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Website and/or the Services or materials contained therein.
LIMITATION OF LIABILITY:
a. We are not responsible for any consequences arising out of the following events:
i. If the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. If you have fed incorrect information or data or for any deletion of data;
iii. If there is an undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided by Us.
b. The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to You, Your belongings, or any third party, resulting from the use or misuse of the Website or any service availed of by Us through the Website. The service and any Content or material displayed on the service are provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness, or reliability. We will not be liable to you for the unavailability or failure of the Website.
e. To the fullest extent permitted by law, We shall not be liable to You or any other party
for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Website.
and shall continue to be in full force and effect until you continue to access and use the
b. You may terminate your use of the Website at any time.
d. Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
e. It is also hereby declared that we may discontinue the Services and Websites without any prior notice.
a. We reserve the right, in its sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
b. We also reserve the universal right to deny access to You, to any/all of our on its A website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
c. We reserve the right to limit, deny or create different access to the Website and its features concerning different Users, or to change any of the features or introduce new features without prior notice.
By using this Website and providing Your identity and contact information to Us through the Website, You agree and consent to receive calls, e-mails, or SMS from Us and/or any of its representatives at any time.
USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT:
You agree and acknowledge that you are a restricted user of this Website and you:
a. Agree to provide genuine credentials during the process whenever required on the Website. You shall not use a fictitious identity. We are not liable if you have provided incorrect information.
b. Agree to ensure the Name, Email address, Address, Mobile number and any such other information that may be provided is valid at all times and shall keep your information is accurate and up-to-date.
c. You agree that You are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is manually entered into the database of the Website. You also acknowledge the fact that data so entered into the database is for easy and ready reference for You, and to streamline the Services through the Website.
e. Authorize the Website to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews, and ratings for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Website. Any such use/limited use of the Website will only be allowed with the prior express written permission.
h. Agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface provided by the Website. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website will lead to suspension or termination of your access to the Website. We disclaim any liabilities arising concerning such offensive content on the Website.
i.Expressly agree and acknowledge that the Content generated by the Users and displayed on the Website is not owned by Us and that We are in no way responsible for the content of the same. You may, however, report any offensive or objectionable content, which We may then remove from the Website, at our sole discretion. You further undertake not to:
a. Engage in any activity that interferes with or disrupts access to the Website or
the services provided therein (or the servers and networks which are connected to the
b. Impersonate any person or entity, or falsely state or otherwise misrepresent
his/her affiliation with a person or entity;
c. Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other viewer of the Website, including any User account maintained on the
Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
d. Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Website or any affiliated or linked Websites.
f.Violate any code of conduct or guideline which may apply for or to any particular service offered on the Website;
g. Violate any applicable laws, rules or regulations currently in force within or outside India;
i.Commit any act that causes Us to lose (in whole or in part) the Services of its Internet Establishment (“ISP”) or in any manner disrupts the Services of any other supplier/service provider of the Website;
j.You hereby expressly authorize Us to disclose any and all information relating to You in our possession to law enforcement or other government officials, as We may in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. You further understand that the
Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
k. By indicating Your acceptance to use any services offered on the Website, You are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail services where the transactions have remained incomplete.
l.You agree to use the services provided by Us, our affiliates, consultants and contracted companies, for lawful purposes only.
m. You agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by You at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), We shall in our sole discretion reject the order and debar You from using the Website without prior intimation whatsoever.
n. You agree not to post any material on the Website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful or advertise any goods or services. More specifically, You agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which you have no right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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;
iii. is in any way harmful to minors;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing;
vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, 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; 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;
x. 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.
SUSPENSION OF USER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, we may in our sole discretion,
limit your access and/or activity by immediately removing your access credentials either
temporarily or indefinitely, or suspend/terminate your association with the Website, and/or
refuse to the usage of the Website, without being required to provide you with notice or
b. If you have provided wrong, inaccurate, incomplete or incorrect information;
c. If your actions may cause any harm, damage or loss to the other Users or Us, at
our sole discretion.
INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give you a right to use
any of the trade names, trademarks, service marks, logos, domain names, information,
questions, answers, solutions, reports and other distinctive brand features, save according to
trademarks, brand names, service marks, domain names, including material, designs, and
graphics created by and developed by either the website or such other third party and other
distinctive brand features of the website are the property of the website or the respective
copyright or trademark owner. Furthermore, concerning the website, we shall be the
exclusive owner of all the designs, graphics and the like, related to the Website.
You shall not use any of the intellectual property displayed on the Website in any manner
that is likely to cause confusion among existing or prospective users of the website, or that
in any manner disparages or discredits the website, to be determined in the sole discretion.
You are aware all intellectual property, including but not limited to copyrights, relating to
said services reside with the owners, and that at no point does any such intellectual property
stand transferred from the aforementioned creators. You are aware that we merely provide
the Website through which You can communicate with other users and the Website does not
own any of the intellectual property relating to the independent content displayed on the
Website, apart from created graphics and specified content.
You are further aware that any reproduction or infringement of the intellectual property of
the aforementioned owners by You will result in legal action being initiated against You by
the respective owners of the intellectual property so reproduced/infringed upon. It is agreed
to by You that the contents of this section shall survive even after the termination or expiry
DISCLAIMER OF WARRANTIES AND LIABILITIES
a. You further agree and undertake that you are accessing the Website at your
sole risk and are that you are using the best and prudent judgment before availing of
any features on the Website or accessing/using any information displayed thereon.
b. You agree that any kind of information, resources, activities,
recommendations obtained/availed from the Website, written or oral, will not create
any warranty and we disclaim all liabilities resulting from these.
c. We do not guarantee that the features and content contained in the Website
will be uninterrupted or error-free, or that the Website or its server will be free of
viruses or other harmful components, and You hereby expressly accepts any
associated risks involved with your use of the Website.
We will not be liable for damages for any delay or failure to perform our obligations
hereunder if such delay or failure is due to cause beyond our control or without its fault or
negligence, due to Force Majeure events including but not limited to acts of war, acts of
God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet
interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or
DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by you hereto that the formation, interpretation, and performance of
It is further agreed to by you that the contents of this section shall survive even after the
Arbitration: In the event that the Parties are unable to amicably resolve a dispute, the said
dispute will be referred to arbitration by a sole arbitrator to be appointed by us, and the
award passed by such sole arbitrator will be valid and binding on all parties. All cost of the
Arbitration shall be borne solely in accordance with the Arbitrators award. The arbitration
shall be conducted in English, and the seat of Arbitration shall be the city of Jaipur, Rajasthan, India.
written or otherwise) relating thereto.
b. Waiver: The failure at any time to require performance of any provision of these
continuing waiver of any such breach, or a waiver of any other breach of these Terms
maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
website, or your experience, you can contact us by emailing us at email@example.com or by
writing to us at:
M/s Veraku Lifestyle Private Limited
52-A, Maruti Nagar, Near Hotel
Flyview, Sanganer, Jaipur-302029