Terms & Conditions
TERMS & CONDITIONS
Your access to and use of Elekore Systems Pvt Ltd (Elekore) is subject to the following terms & conditions and all applicable laws. By accessing and using this site, you accept the following terms & conditions, without limitation or qualification and agree to be bound by all of the terms in this Terms & Conditions agreement. We may change the terms in this Agreement. When the terms are changed, the changes will appear in this document. By using the Service after any change in the Agreement is posted, you agree to be bound by all of the changes as well. You should consult this page each time you access the Service.
This Agreement is personal to you, and you may not assign your rights or obligations to anyone. Elekore makes no claims that this Site is appropriate for viewing or accessing outside India.
Unless expressly noted otherwise, these terms incorporates and, to the extent of any inconsistency, supersedes any other terms associated with the files and applications available on this site. If you have any questions that are not answered elsewhere on this Site, please contact us at info@elekore.com
You agree to comply with Elekore rules and policies regarding use of the site, as published from time to time by us. You agree that your use of the site will at all times be for a lawful purpose and you agree to comply with all applicable laws and regulations in your use of the site. Possible evidence of use of this site for illegal purposes will be provided to law enforcement authorities.
License and Site Access
Elekore grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Elekore. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Elekore. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Elekore and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Elekore's name or trademarks without the express written consent of Elekore.
The site is divided in two sections- free to access section & paid section. The information and/ or materials, features and functions available on Elekore Sites that are made available to one user may not necessarily be made available to another user. The decision is at the sole discretion of Elekore.
The information provided in the ‘free to access section’ of the site is free of charge and for informational purposes only and does not create a business or professional services relationship between you and Elekore. User Registration may or may not be required to access the free areas of the site.
Elekore, however, reserves the right to levy a fee in future for use of any services contained on its Sites. Should Elekore decide to charge a fee, it will publish the conditions on its Sites and at the same time notify registered users by email. Users who then choose to terminate the service may inform Elekore at that time via email.
The number of licenses/users being used by Licensee/Client may at no point and time be more than the number of licenses/subscriptions purchased. The subscriber/client shall not transfer its rights and obligations pertaining to this contract/service to any third party/subsidiary/parent company without consent of Elekore Systems Private Ltd.
Any unauthorized use terminates the permission or license granted by Elekore. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Elekore so long as the link does not portray Elekore, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Elekore logo or other proprietary graphic or trademark as part of the link without express written permission.
Elekore and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. If you are under 18, you may use Elekore only with involvement of a parent or guardian.
Responsibilities and Disclaimer; Limitation of Liability
Elekore responsibility is to provide you with the information and services described in this Agreement in a commercially reasonable manner.
While Elekore uses reasonable efforts to include accurate and up-to-date information on this site, elekore.com makes no representations as to the accuracy, quality, timeliness, availability, or completeness of the information, software, products, or other materials available through Elekore and this site, and you should not rely upon them.
Elekore provides this site on an "as is, as available" basis and Elekore will not be liable for any damages or injury caused by, including but not limited to, any failure or interruption of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. You use it at your own risk, and Elekore, its employees, distributors, officers, directors, and agents are not liable for any errors or omissions in its content or delivery, or for any form of loss or damage (including any consequential, indirect, incidental, special, or exemplary damages, even if known to Elekore) that may result from its use.
Elekore expressly disclaims all warranties, including warranties of merchantability, fitness for a particular purpose, or non-infringement. No warranty not set forth in this agreement will be valid. If any of the above provisions are void under governing law, Elekore’s liability shall be limited to the extent permitted by law.
Elekore makes every effort to provide this service to users twenty-four (24) hours per day. However, Elekore reserves the right to cease or suspend operation of its Site for as long as necessary if circumstances prevent it from providing this service.
User’s Responsibilities
You are responsible for any content that you post or transmit on or through this Site. You will not use this Site to distribute or solicit content that:
- is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, vulgar, gratuitously violent, obscene, pornographic, libelous, invasive of another's privacy, or racially, ethnically or otherwise offensive;
- includes personally identifiable information about children;
- infringes someone else's intellectual property or other rights;
- advocates or solicits violence or other criminal conduct;
- violates any law, regulation, or contract;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment.
Reviews, Comments, Communications, and other Content
Visitors may post reviews, comments, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam’. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an email or other content.
If you do post content or submit material, and unless we indicate otherwise, you grant Elekore and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Elekore and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Elekore or its affiliates for all claims resulting from content you supply.
Elekore reserves the right (but not the obligation) to remove or edit any activity or content, but does not regularly review posted content. Elekore takes no responsibility and assumes no liability for any content posted by you or any third party.
Except as otherwise expressly agreed or required by applicable law, all data, remarks, suggestions, ideas, graphics, or other information communicated to Elekore through this site (collectively, "Submissions" ) will forever remain the property of Elekore. Unless expressly stated otherwise herein, any information submitted by you through this site shall be deemed non-confidential and non-proprietary. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, we recommend that you not submit information you consider confidential.
Without limitation, Elekore will have exclusive ownership of all present and future rights to any and all Submissions of every kind and every nature everywhere. Elekore will be entitled to use any and all Submissions for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Elekore, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright.
Fees, Payment and Cancellation
Some of the services require payment of fees. Users shall pay all appropriate fees, as described on the Site in connection with such services selected by the user. Elekore reserves the right to change its fees and/ or to institute new charges at any time, upon ten (10) days prior notice to users, with notice sent by email or posted on the Site. Use of the services by the user following notification shall constitute acceptance of any new or increased charges.
Users have 15 days from the date that any discrepancies in the billing statement or invoice first appear to notify Elekore; after that time all charges will be deemed correct.
Product Descriptions
Elekore and its affiliates attempt to be as accurate as possible. However, Elekore does not warrant that product/ services descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product/ service offered by Elekore itself is not as described, your sole remedy is to return it in unused condition.
Risk of Loss and Delivery Terms
All items purchased from Elekore are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Electronic Communications
When you visit elekore.com 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 site. Delivery of electronic notices is not infallible, so you agree to contact Elekore through other mediums if you need information about the Site/ our services/ our products.
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 to keep all records relating to your use of the Site and to print or make an electronic copy of this Agreement and any disclosures provided on the Site. Elekore reserves the right, at its sole discretion, to deliver notices and disclosures by other means such as postal mail.
Geographical & Export Restrictions
You agree that all content/ services/ products posted or accessible via the Site is subject to applicable export control laws and regulations of the Indian Government. You agree not to export or re-export any content/ services/ products directly or indirectly, to any country not permitted by the Indian Government or laws.
Trademark Information
The name Elekore and all other trademarks and service marks listed on this Site are the property of their respective owners.
Elekore’s trademarks identify Elekore’s products and services. Except as set forth in the next paragraph, Elekore’s trademarks and service marks may not be used in connection with any product or service that is not Elekore’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Elekore.
You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require Elekore written permission.
Except as described herein and in the section entitled "Copyright Information," which appears below, you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the material or the products, services, processes or technology on or used in connection with the Elekore Site.
Third Party Trademarks
All trademarks and service marks not owned by Elekore that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Elekore.
Copyright Information
All content included on this Site such as text, graphics, logos, button icons, images, audio clips, and software, is the property of Elekore or its content suppliers and protected by international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is exclusive property of Elekore and protected by international copyright laws. All software used on this site is either the property of Elekore or its software suppliers and protected by international copyright laws. Except as expressly set forth in this Agreement, any use, including the reproduction, modification, distribution, transmission, re-publication, display or performance of the content on this site is strictly prohibited.
You may use, copy and distribute the materials and information on the site for internal, informational, non-commercial purposes only. Any copy you make of the material must bear any copyright, trademark or other proprietary notice that pertains to the material being copied.
Copyright Complaints
Elekore and its affiliates respect the intellectual property of others. If you feel that any content on this Site infringes your copyrights, you may contact us. Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Elekore Site, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner's behalf; and (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).
Elekore will take appropriate action after receipt of such information to appropriately address the copyright issue raised, including, if necessary, removal of any infringing material.
Accurate Information
You will not impersonate any person or entity, misrepresent your affiliation with a person or entity; or misrepresent the origin of any content distributed through this Site.
Disruption/ Interference in the working of the Site
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site. You may not take any action that imposes any unreasonable or disproportionately large load on our infrastructure. You agree that your use of the Site will remain within any band width and/or disk utilization limits that Elekore may publish from time to time.
Unauthorised Access
You understand that unauthorized access to other accounts or restricted areas of the Elekore system may be a criminal violation. You agree not to access any other account, nor attempt to obtain or decrypt any passwords or other security protection for any other account.
Notices
The parties agree that any legal requirement of a written agreement or memorandum between them may be satisfied (1) by an e-mail, (2) by an electronic record of a document to be stored, retrieved and printed, or (3) by any other method recognized as a writing under the relevant Indian laws & acts. Any notice under this Agreement may be given (1) to you at the e-mail address you provide (if any), and (2) to Elekore at info@elekore.com. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid or undelivered. Alternatively, either party may give notice by certified mail, postage prepaid and return receipt requested, to the address provided during the enrollment process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Governing Law & Jurisdiction
This site is created and controlled by Elekore from its offices in New Delhi, INDIA. As such, the laws of India will govern this Agreement, without giving effect to any principles of conflict of laws. You agree that these terms of use and any legal action or proceeding relating to this site shall be governed by the laws of INDIA without reference to its choice of law rules. If you attempt to bring any legal proceedings against Elekore you specifically acknowledge that Elekore is free to choose the jurisdiction of our preference as to where such action against us may be held. As you have agreed by using this site to choose the laws of INDIA to govern any such proceedings, we will probably choose to defend any such action in New Delhi, INDIA and we can make this decision entirely as it suits us, without regard to where in the world you are located, or from where in the world you visited this site.
Any cause of action or claim you may bring in connection with the Site, including without limitation any content/ services/ products, must be commenced within one (1) month after the claim or cause of action arises otherwise such claim or cause of action shall be deemed to be barred.
Elekore makes no representation that the materials on the Site are appropriate or available for use in other locations and if you use this site from locations other than New Delhi, INDIA, you are responsible for compliance with applicable local laws and you agree that you will not access or use the information on this site in violation of such laws.
Severability
If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
Dispute Resolution
You and Elekore agree that any controversy or dispute arising out of or relating to the performance of our respective obligations under this Agreement shall be resolved by arbitration conducted pursuant to the Indian Arbitration Laws. Arbitration shall be conducted in New Delhi, INDIA. The parties shall attempt to agree upon an arbitrator. If they are not able to agree upon an arbitrator, then the arbitrator shall be appointed under the Indian Arbitration Laws. In any arbitration and in any litigation under this Agreement, the prevailing party shall be entitled to its costs and reasonable attorneys’ fees. Notwithstanding this arbitration clause, either party may seek interim or preliminary relief from a court located in New Delhi, INDIA to the extent necessary to protect the rights or property of such party pending completion of arbitration.
Amendments
We may amend this Agreement at any time without notice by posting the amendments on our Site and we encourage you to check the site at any time to review any changes. Amended terms will be effective immediately upon posting them to our Site.
Breach, Termination & Indemnity
We may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to and use of the site as well as any of your other current activities involving Elekore if you breach this Agreement.
Elekore reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of a user's account from this Site and the immediate termination of a user's registration with, or ability to, access the Site and/ or any other service provided to the user by Elekore upon any breach of these Terms and Conditions. Additionally, a user profile may be deleted if Elekore is unable to verify or authenticate any information submitted by the user to the Site for registration and/ or other informational purpose.
You will indemnify Elekore, and its subsidiaries, affiliates, owners, officers, agents, and employees against any claim or demand, including reasonable attorneys' fees, related to content you distribute via this Site or your use of or conduct on this Site, or any violation of the terms of this Agreement.