Terms Of Use

Posted as of _ May 2021
Last updated as of _ May 2021

This legal agreement is from Veraku Lifestyle Private Limited is an electronic record in terms of the (IT Act) Indian Information Technology Act, 2000 and rules/regulations 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 legal document is published in accordance with the provisions of Rule 3 (1) of the
Indian Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of
the Information Technology (Reasonable security practices and procedures and
sensitive personal data or information) Rules, 2011 of Information Technology Act,
2000 amended through Information Technology Amendment Act, 2008 that require
publishing the Terms of Use and practices for access and usage of any functional website.

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”)

For the purpose of these Terms of Use (“Terms of Use”), wherever the context so requires,
“We”, “Our”, and “Us” shall mean and refer to the Website. “You”, “Your”, “Yourself”,
“User” shall mean and refer to natural and legal individuals who shall be users of this
website provided by us and who is competent to enter into binding contracts, as per Indian
laws. “Third Parties” refer to any website, platform or individual apart from the Users and
the creator of this Website.

GENERAL TERMS

i. The headings of each section in these Terms of Use are only for the purpose of
organizing the various provisions under these Terms of Use in an orderly manner and
shall be used by you to interpret the provisions contained herein in a manner as may
apply to you. Further, it is specifically agreed by you that the headings shall have legal
or contractual value on your usage of the website.
ii. The use of this website is solely governed by these Terms of Use, Privacy Policy that
may be uploaded on the website and any modifications or amendments made thereto
by us from time to time, at our sole discretion. If you as a user continue to access and
use this website, you are agreeing to comply with and be bound by the following
Terms of Use and Privacy Policy.
iii. You expressly agree and acknowledge that these Terms of Use and Privacy Policy are
co-terminus in nature and that expiry/termination of either one will lead to the
termination of the other.
iv. You unequivocally agree that these Terms of Use and the Privacy Policy constitute a
legally binding agreement between us, and that you shall be subject to the rules,
guidelines, policies, terms, and conditions applicable to your use of the website, and
that the same shall be deemed to be incorporated into these Terms of Use and shall be
treated as part and parcel of the same. You acknowledge and agree that no signature or
express act is required to make these Terms of Use and the Privacy Policy binding on
you and that your act of visiting any part of the website constitutes your full and final
acceptance of these Terms of Use and the Privacy Policy.
v. We reserve the sole and exclusive right to amend or modify these Terms of Use
without any prior permission or intimation to you, and you expressly agree that any
such amendments or modifications shall come into effect immediately. If you do not
adhere to the changes, You must stop using the website at once. Your continued use of
the website will signify your acceptance of the changed terms.

REGISTRATION

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 the
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.

ELIGIBILITY

a) You represent and warrant that you are competent and eligible to enter into legally
binding agreements and of age and that you have the requisite authority to bind
themselves to these Terms of Use following the Law. However, if you are a minor
using this Website, you may do so with the consent of your legal guardian. All Acts
of minor shall be deemed to be considered as the acts undertaken under the
supervision of their legal guardian.
b) You further represent that you will comply with these Terms of Use and all
applicable local, state, national and international laws, rules and regulations.
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.

PAYMENT GATEWAY

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.

CONTENT

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 make no guarantees regarding the quality, the 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 the 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, and modify any content without
written permission from Us.

INDEMNITY

You agree to indemnify, defend and hold harmless the Us, and our respective directors,
officers, employees and agents (collectively, “Parties”), from and against any losses,
liabilities, claims, damages, demands, costs and expenses (including legal fees and
disbursements in connection therewith and interest chargeable thereon) asserted against or
incurred by Us that arise out of, result from, or maybe payable by, any breach or non-
performance of any representation, warranty, covenant or agreement made or obligation to
be performed according to these Terms of Use. Further, You agrees to hold the Us harmless
against any claims made by any third party due to, or arising out of, or in connection with:
a. Your use of the Website,
b. Your violation of these Terms of Use;
c. Your violation of any rights of another;
d. Your alleged improper conduct according to these Terms of use;
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 is 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.
c. You are to comply with all laws applicable to you or your activities, and with all
Policies, which are hereby incorporated into this Terms of Use by reference.
d. The Website expressly excludes any liability for any loss or damage that was not
reasonably foreseeable by the Website and which is incurred by you in connection with
the Website, including loss of profits; and any loss or damage incurred by you as a
result of your breach of these Terms of Use.
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.

TERM

a. These Terms of Use shall continue to form a valid and binding contract between us
and shall continue to be in full force and effect until you continue to access and use the
Websites.
b. You may terminate your use of the Website at any time.
c. We may terminate these Terms of Use and close your account at any time without
notice and/or suspend or terminate Your access to the Website at any time and for any
reason, if any discrepancy or legal issue arises.
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.

TERMINATION

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 are on its
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.
d. You shall continue to be bound by these Terms of use, and it is expressly agreed to by
You that You shall not have the right to terminate these Terms of Use till the expiry of
the same.

COMMUNICATION

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.
You can report to “care@veraku.com” if you find any discrepancy with regard to Website
or content-related information and we will take necessary action after an investigation. The
response with resolution (if any issues found) shall be dependent on the time is taken for
investigation.

You expressly agree that notwithstanding anything contained hereinabove, it may be
contacted by Us relating to any services availed by You on the Website or anything pursuant
thereto and You agree to indemnify Us from any harassment claims. It is expressly agreed to
by Us that any information shared by Us shall be governed by the Privacy Policy.

USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
You agree and acknowledges 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 and is valid at all times and shall keep
your information 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 optimisation of User-related options and Services.
f. Understand and agree that, to the fullest extent permissible by law, the Website or
any of their affiliates or their respective officers, directors, employees, agents,
licensors, representatives, operational service providers, advertisers or suppliers shall
not be liable for any loss or damage, of any kind, direct or indirect, in connection with
or arising from the use of the Website or this terms of use, including, but not limited
to, compensatory, consequential, incidental, indirect, special or punitive damages.
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
Website);
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.
e. Use the Website or any material or content therein for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the performance of any
illegal activity or other activity which infringes the rights of this Website or any other
third party (s);
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;
h. Violate any portion of these Terms of Use or the Privacy Policy, including
but not limited to any applicable additional terms of the Website contained herein or
elsewhere, whether made by amendment, modification, or otherwise;
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 advertising 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
cause:
a. If you are in breach of any of these Terms of Use or the Privacy Policy;
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
the provisions of these Terms of Use that shall be available on the website. All logos,
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 resides 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
of these Terms of Use and/or Privacy Policy.

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.
d. It is further agreed to by You that the contents of this section shall survive
even after the termination or expiry of the Terms of Use and/or Privacy Policy.

FORCE MAJEURE

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
unauthorized.

DISPUTE RESOLUTION AND JURISDICTION

It is expressly agreed to by you hereto that the formation, interpretation, and performance of
these Terms of Use and any disputes arising therefrom will be resolved through Arbitration.
It is further agreed to by you that the contents of this section shall survive even after the
termination or expiry of the Terms of Use and/or Privacy Policy.
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.
You expressly agree that the Terms of Use, Privacy Policy and any other agreements entered
into between the Parties are governed by the laws, rules, and regulations of India.

MISCELLANEOUS PROVISIONS

a. Entire Agreement: These Terms of Use, read with the Privacy Policy, form the
complete and final contract between us with respect to the subject matter hereof and
supersedes all other communications, representations, and agreements (whether oral,
written or otherwise) relating thereto.
b. Waiver: The failure at any time to require performance of any provision of these
Terms of Use shall in no manner affect our right at a later time to enforce the same.
No waiver by us of any breach of these Terms of Use, whether by conduct or
otherwise, in any one or more instances, shall be deemed to be or construed as a
further or continuing waiver of any such breach, or a waiver of any other breach of
these Terms of Use.
c. Severability: If any provision/clause of these Terms of Use is held to be invalid,
illegal or unenforceable by any court or authority of competent jurisdiction, the
validity, legality, and enforceability of the remaining provisions/clauses of these
Terms of Use shall in no way be affected or impaired thereby, and each such
provision/clause of these Terms of Use shall be valid and enforceable to the fullest
extent permitted by law. In such case, these Terms of Use shall be reformed to the
minimum extent necessary to correct any invalidity, illegality or unenforceability,
while preserving to the maximum extent the original rights, intentions and
commercial expectations of the Parties hereto, as expressed herein.
Contact Us: If you have any questions about these Terms of Use, the practices of the
website, or your experience, you can contact us by emailing us at care@veraku.com or by
writing to us at

M/s Veraku Lifestyle Private Limited
52-A, Maruti Nagar, Near Hotel
Flyview, Sanganer, Jaipur-302029