Terms & Conditions


EFFECTIVE DATE:

June 21, 2013

COMPANY:

EcoWorks Biotech Private Limited ("Company")

LOCATION:

D 602, Mandar Apts, Sanjeev Enclave Road, 7 Bungalows, Andheri (West), Mumbai, Maharashtra 400061

DIRECTORS

Maninee Leila Karnik

Valentine Anthony Pereira

The terms and conditions of use mentioned herein shall apply to all websites owned and/or operated by the Company, its parent, subsidiaries and affiliates (collectively "EcoWorks") including ecoworks.co.in and all other websites, services and verticals operated by EcoWorks (collectively “Websites”).

The terms and conditions stated herein, along with the applicable policies and guidelines located throughout the Websites (collectively herein the "Terms of Use") identify what you, as a user of the Websites ("you" or "User") can expect from EcoWorks, and/or persons who provide products or services to EcoWorks customers either directly or through EcoWorks ("EcoWorks Service Providers") or the Websites and what EcoWorks in turn expects from Users. 

BY ACCESSING ANY AREA ON THE WEBSITES, BROWSING, USING, FRAMING AND/OR LINKING TO THE WEBSITES, YOU ARE EXPRESSLY AGREEING TO COMPLY WITH AND BE BOUND BY THE TERMS OF USE, AS WELL AS ALL APPLICABLE LAWS AND REGULATIONS WITHOUT ANY LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE AND TO FOLLOW ALL APPLICABLE LAWS, YOU SHOULD LEAVE THE WEBSITE IMMEDIATELY.

I.  GENERAL RESTRICTIONS
Subject to the terms and conditions set forth in the Terms of Use, EcoWorks grants the User a limited, non-exclusive, non-transferable, revocable right to access and make personal, non-commercial use of the contents of the Websites. User may use the Websites for own personal, non-commercial informational purposes only.

The foregoing rights do not include any rights to:

User may not send any material to the Websites that is unlawful, harmful (including any virus), threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, indecent or profane or that could constitute or encourage a violation of any law. EcoWorks may review, edit or delete materials which User or others send to the Websites but is under no obligation to do so. EcoWorks may cancel any registration(s) or account(s) on the Websites at any time, without notice or liability, for any reason, including if technical problems, irregularities or misuse occurs.

The foregoing activities are expressly prohibited but shall not be considered an exhaustive list of prohibited activities. The right to do any of the foregoing shall require EcoWorks's express written consent (which will include a written agreement signed by an authorized representative of EcoWorks and may be withheld in the discretion of EcoWorks). Any unauthorized use of the Websites, the content or any portion or derivative thereof or attempted unauthorized use, as the case may be, shall immediately terminate any right or permission granted by EcoWorks in terms hereof.

II. TRADEMARKS

EcoWorks, or third parties who have licensed its brands to EcoWorks or contributed to the Websites (‘Content Owner’), own or license from third parties all Websites content. All Websites content remains the sole property of the applicable Content Owner and is protected under all relevant Copyright, Trademark and other applicable laws. Nothing on the Websites should be construed as granting any license or rights to use or distribute any Websites content, except as expressly set out herein or otherwise with the express written agreement of the relevant Content Owner, as the case may be.

The trademarks, logos, and service marks, including but not limited to EcoWorks and other names, logos, and icons identifying EcoWorks’s products and services (collectively, "Trademarks") displayed on the Websites, are registered and unregistered Trademarks of the Company, its affiliates, suppliers or others. Certain portions of the Websites are identified as being the subject of a specific copyright held by an entity other than EcoWorks and, as such, may not be copied without the permission of the holder of the copyright.

EcoWorks hereby authorizes the User to copy the materials published on Websites (the "Materials") exclusively for non-commercial use by User personally PROVIDED the User retains all copyright and other proprietary notices contained in the Materials and do not modify the Materials without prior consent of the Content Owner. The design and layout of the Websites and Trademarks are specifically excluded from the scope of Materials. No other use of the Materials is authorized. In consideration of this authorization, User agrees that any copy of the Materials (or any portion of the Materials) that User make shall retain all copyright and other proprietary notices contained herein or therein, as the case may be. User may not copy or display for redistribution to third parties or for commercial purposes any portion of the Materials. The products, services and/or processes described on the Websites may be the subject of intellectual property rights reserved by EcoWorks or other third parties. NOTHING CONTAINED HEREIN SHALL BE CONSTRUED AS CONFERRING TO YOU IN ANY MANNER, WHETHER BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE, TITLE, OR OWNERSHIP OF OR TO ANY INTELLECTUAL PROPERTY RIGHT OF ECOWORKS OR ANY THIRD PARTY.

III. CONTENT 

The information contained in the Websites is provided as a courtesy for EcoWorks's customers. EcoWorks has provided the information in good faith and has made reasonable efforts to make the information as accurate and up-to-date as possible.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM ECOWORKS, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

EcoWorks periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. EcoWorks shall have no liability whatsoever for the resulting unavailability of the Websites or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third-party acts or any other outages of Web hosting providers or the Internet infrastructure and network external to the Websites.

IV. LINKAGES

The web sites linked to the Websites are not under the control of EcoWorks and EcoWorks is not responsible for and makes no representations or warranties concerning the contents of any linked site or any link contained in a linked site. EcoWorks provides links to Users only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by EcoWorks of the linked web site. If User decides to access any of the third-party sites linked to the Websites, User does so entirely at its own risk. EcoWorks reserves the right to terminate any link or linking program at any time, without prior notice. User acknowledges that the Websites may link to other web sites not controlled by EcoWorks and that EcoWorks is not responsible for the data collection policies of these sites. Users are advised to consult the terms of use, other policies and agreements of each linked web site they visit. In the event that User has a dispute with any such third party, User hereby releases EcoWorks from any and all claims, demands, and damages pursuant to the relevant provisions contained herein.

There may be circumstances where access to the Websites is provided by a hypertext link located at another web site. EcoWorks does not make any representations or give any warranties with respect to any information contained in or at these other sites and EcoWorks shall not be liable for any damages or injury arising from the content of other sites. EcoWorks does not endorse the individuals, companies, or other similar entities, or any products or associated materials, which provide a link to the Websites. Unless explicitly approved by EcoWorks in writing or otherwise, you agree not to: (a) provide or create a link to the Websites; and (b) create any frames at any other web sites pertaining to any of the Materials located at the Websites.

User may contact the EcoWorks Webmaster at webmaster[at]ecoworks.co.in to seek approval for linking to the Websites.

V. PRODUCT DESCRIPTION

Any items offered for sale on the Websites contain descriptions that are provided directly by the service provider, manufacturer or distributor of such item, as the case may be. EcoWorks does not represent or warrant that the descriptions of such items are accurate or complete.

Nothing contained herein is to be construed as a recommendation to use any product, process, equipment or formulation, in conflict with any patent, or otherwise and EcoWorks makes no representation or warranty, express or implied that, the use thereof will not infringe any patent, or otherwise.

VI. TERMINATION OF USAGE

EcoWorks reserves the right to terminate access to this web site at any time and without notice. Further this limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. 

VII. INDEMNITY

User agrees to indemnify, hold harmless, and defend EcoWorks and each of EcoWorks Service Providers including its advertisers, licensors, suppliers, officers, directors, investors, employees, agents, service providers and other contractors (collectively, "EcoWorks indemnified parties") from any and all claims (including third party claims), causes of actions, proceedings, liabilities, damages, or other demands (including reasonable attorneys' fees, accounting expenses, and legal costs), arising from or related to (a) your (or any user of your account) access to or use of the Websites and EcoWorks services, including, without limitation, your or others' access of content or Materials available by means of Websites or third-party web sites, or your purchasing of goods or services from third parties or EcoWorks; (b) your violation of the Terms of Use or breach of the Terms of Use, including, without limitation, any representation or warranty contained in the Terms of Use; or (c) your 'User Provided Content or provision to Websites of information or any other products, postings, offerings, data or materials. EcoWorks indemnified parties will have the right, but not the obligation, to participate, through counsel of their choice, in any defense by User of any claim as to which User is required to defend, indemnify or hold harmless the EcoWorks indemnified parties ("indemnified claim”). User may not settle any indemnified claim without the prior written consent of the concerned EcoWorks indemnified parties. EcoWorks reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you in terms hereof.

VIII. USER PROVIDED CONTENT

The Websites may offer opportunities for interactive activities, which may enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section VIII, User Provided Content, applies to the activities of persons who are using interactive services on the Websites ("Interactive Community Users"). The scope of these services may change from time to time, with or without notice. You are using Interactive Community services if you view or participate in the EcoWorks Member Clubs, post a review, create a list, create a profile, submit any User Created Content, as defined below, or otherwise participate in any interactive feature including surveys, events, etc.

Interactive Community services may be used only for lawful purposes in accordance with these Terms of Use. If you are using any Interactive Community services, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on through the Interactive Community services, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the Websites any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. EcoWorks reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community services at any time, for any or no reason, with or without prior notice or explanation, and without liability.

EcoWorks reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community services for any reason, with or without prior notice or explanation, and without liability.

EcoWorks assumes no responsibility for ongoing monitoring of the Websites or for removal or editing of any User Created Content, even after receiving notice. EcoWorks assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. 

BY SUBMITTING USER CREATED CONTENT WITHIN THE INTERACTIVE COMMUNITY, INTERACTIVE COMMUNITY USERS AUTOMATICALLY GRANT, OR REPRESENT AND WARRANT THAT THE OWNER OR AUTHORIZED LICENSOR OF SUCH USER CREATED CONTENT HAS EXPRESSLY GRANTED ECOWORKS, THE ROYALTY-FREE, PERPETUAL, IRREVOCABLE, RIGHT AND LICENSE TO USE, REPRODUCE, PUBLISH, TRANSLATE, SUBLICENSE, COPY, MODIFY, DELETE, ENHANCE AND DISTRIBUTE THE USER CREATED CONTENT IN WHOLE OR IN PART WORLDWIDE AND/OR TO INCORPORATE SUCH USER CREATED CONTENT IN OTHER WORKS IN ANY FORM, MEDIA, OR TECHNOLOGY NOW KNOWN OR HEREAFTER DEVELOPED FOR THE FULL TERM OF ANY COPYRIGHT THAT MAY EXIST IN SUCH USER CREATED CONTENT.  Any material you send to the Websites will be deemed non-confidential and non-proprietary. This includes any data, questions, comments, suggestions, ideas or other information, material or property. EcoWorks (or our designees) will be entitled use any or all of it for any purpose, without compensation to you, including for reproduction, disclosure, transmission, publication, broadcast and posting.

You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your User Created Content by EcoWorks, as provided herein.  

IX. NOTICES

User consents to receive electronic communications from EcoWorks, whether addressed to the e-mail address associated with such User's Websites account or posted on the Websites. User acknowledges and agrees that any communication via e-mail or by postings on Websites satisfies any legal requirement that such communications be made in writing.

X. DISCLAIMERS AND LIMITATION OF LIABILITY 

EcoWorks is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through the Websites, including without limitation, any digital content and User Created Content or the accuracy and reliability of such content, including digital content and User Created Content, posted on the Websites or through the EcoWorks services, whether caused by Users of the Websites or the EcoWorks services or by any of the equipment or programming associated with or utilized in the Websites or the EcoWorks services.

THE INFORMATION CONTAINED IN THE WEBSITES IS PROVIDED ON AS "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS AND TIMELINESS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ECOWORKS AND EACH ECOWORKS SERVICE PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

UNDER NO CIRCUMSTANCES SHALL ECOWORKS OR ANY ECOWORKS SERVICE PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO ECOWORKS'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, INCLUDING DIGITAL CONTENT AND USER CREATED CONTENT, MATERIALS, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITES.

NEITHER ECOWORKS NOR ANY ECOWORKS SERVICE PROVIDER WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE WEBSITES, OR THE PURCHASE OR DOWNLOAD OF ANY CONTENT, INCLUDING DIGITAL CONTENT, OR PURCHASE OF PRODUCT/SERVICES THERE FROM, EVEN IF ECOWORKS OR ANY ECOWORKS SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

XI. SEVERABILITY

The provisions of the Terms of Use are intended to be severable. If for any reason any provision of the Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of EcoWorks to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision.

XII. APPLICABLE LAW; JURISDICTION

The Website is controlled, operated and administered by EcoWorks from its offices within India. EcoWorks makes no representation that Materials on the Websites are appropriate or available for use at any other location(s) outside India. Any access to the Websites from territories where their contents are illegal is prohibited. You may not use the Websites or export the Materials in violation of any applicable export laws and regulations. If you access the Websites from a location outside India, you are responsible for compliance with all local laws.

The use of the Websites and any matter arising from or in connection with your use of the Websites including pursuant to the Terms of Use shall be governed by and construed in accordance with Indian law.

Subject to provisions of Section XIII (Dispute Resolution), the courts in New Delhi shall have sole and exclusive jurisdiction to resolve any disputes between EcoWorks and the Users, without giving effect to any conflict of law principles and You hereby consent to personal jurisdiction in such forum. Use of the Websites is unauthorized in any jurisdiction that does not give effect to all provisions of the Terms of Use, including without limitation this Section.

XIII. DISPUTE RESOLUTION

Any claim or controversy at law or equity that arises out of the Terms of Use, the Websites or any EcoWorks service (each a "Claim"), shall be resolved amicably through friendly discussions between EcoWorks and the User - conducted by telephone, online or as otherwise mutually agreed. In case any dispute is not settled amicably within 15 days from the date of the dispute (evidenced by record maintained with EcoWorks) the Parties shall refer the matter to non binding conciliation. In case the dispute is not settled within 30 days of referring the dispute to conciliation, the dispute may be referred to the courts at New Delhi.

You are solely responsible for your interactions with other Users. EcoWorks reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

XIV. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and EcoWorks regarding User's relationship with EcoWorks and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. "Include” and “Including” shall be construed without limitation."

XV. GENERAL TERMS

All rights reserved - EcoWorks reserves all other rights.

Privacy Policy - Personal details provided to EcoWorks through this web site will only be used in accordance with our privacy policy. Please read this carefully before going on. By providing your personal details to us you are consenting to its use in accordance with our privacy policy.

Modification - ECOWORKS MAY WITHOUT NOTICE TO YOU, AT ANY TIME REVISE AND UPDATE THE TERMS OF USE AND ANY OTHER INFORMATION CONTAINED IN THE WEBSITES BY UPDATING THIS POSTING. ECOWORKS MAY ALSO MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCTS, SERVICES OR PROGRAMS DESCRIBED IN THE WEBSITES AT ANY TIME WITHOUT NOTICE; PLEASE PERIODICALLY REVIEW THEM, BECAUSE YOUR CONTINUED USAGE OF THE WEBSITES INDICATES YOUR AGREEMENT WITH ANY SUCH CHANGES.

Relationship - Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between EcoWorks or the Websites and any User nor do the Terms of Use extend rights to any third party.

Assignment - In the sole discretion of EcoWorks, EcoWorks may assign the Terms of Use, in whole or in part, by providing notice in accordance with the notice provision contained in these Terms of Use should EcoWorks ever file for bankruptcy or in the event of a sale, merger, acquisition or other transfer of all or part of the business of EcoWorks. User may not assign the Terms of Use, in whole or in part, without EcoWorks's prior written consent.

Survival - The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and EcoWorks.

Consent to Electronic Form of Contract - BY YOUR ACCESS AND USE OF THIS WEB SITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS AND CONDITIONS OF USE. You agree that these provisions, in printed or electronic form, shall be admissible in judicial or arbitration proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by EcoWorks. You acknowledge that you have the necessary hardware and software to access these provisions as posted on Websites and will maintain such hardware and software throughout your use of the Websites and its services. You may remove your consent to the electronic form of contracting with EcoWorks, but in that event, your authorization to use and access the Websites is immediately terminated.

Contact us - If you have any questions about the applicable Terms of Use, please contact us at webmaster[at]ecoworks.co.in or call customer service at +91 98677 49419.