This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Spencers.in website through computer, tab or mobile or through any electronic aid that support the Website .
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable including the policies which are incorporated, amended from time to time. By use of the Website You shall be contracting with CSS Ekendra and all such terms and conditions including the policies constitute your binding obligations, with CSS Ekendra.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer thorugh the Website by providing Registration Data while registering on the Website / Mobileapp as Registered User using the computer systems/tab or mobile application. CSS Ekendra allows the User to surf the Website / Mobileapp or making purchases after registering on the Website / Mobileapp. The term “We”, “Us”, “Our” shall mean CSS Ekendra .
When You use any of the services provided by us through the Website / Mobileapp, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, amendments, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove any portions of these Terms of Use, at any time without any prior notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website / Mobileapp following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website / Mobileapp.
Services overview
As part of the registration process on the Website / Mobileapp, CSS Ekendra may collect the following details personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, present and permanent address, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
Eligibility Services of the Site would be available to only select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 are not eligible to use the Site. If you are age is less than 18 years they you should not register as member.
License & Site access
CSS Ekendra grants you a limited sub-license to access and make personal use of this Website / Mobileapp and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CSS Ekendra. The Website / Mobileapp and its source code is exclusive property of CSS Ekendra. 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 purpose without express written consent of CSS Ekendra. 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 the Site or of CSS Ekendra and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or CSS Ekendra’s name or trademarks without the express written consent of CSS Ekendra. Any unauthorized use terminates the permission or license granted by CSS Ekendra.
Account & Registration Obligations
All User/ You/shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the Website / Mobileapp. By agreeing to the terms and conditions, the You/ User /shopper agrees to receive promotional communication upon registration. The customer can opt out by contacting the customer service.
You Agree and Confirm
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by CSS Ekendra for redelivery shall be claimed from you.
That you will use the services provided by the CSS Ekendra, Stores/Website / Mobileapp, its affiliates, consultants and contracted companies, are for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. CSS Ekendra reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated Website / Mobileapps without prior intimation whatsoever.
That you are accessing the services available on this Website / Mobileapp and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
Modification of Terms & Conditions of Service
CSS Ekendra may at any time modify the Terms & Conditions of Use of the Website / Mobileapp without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website / Mobileapp.
Warranties and Liabilities
CSS Ekendra shall make no representation with regard to quality, colour, specifications, image, performance, material, ingredients etc. CSS Ekendra’s endeavours to make available the products ‘as is’ where basis.
Termination
This User Agreement is effective unless and until terminated by either you or CSS Ekendra. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website / Mobileapp/. CSS Ekendra may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website / Mobileapp/, Such termination will be without any liability to CSS Ekendra. Upon any termination of the User Agreement by either you or CSS Ekendra, you must promptly destroy all materials downloaded or otherwise obtained from this Website / Mobileapp, as well as all copies of such materials, whether made under the User Agreement or otherwise. CSS Ekendra’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website / Mobileapp or affect any liability that may have arisen under the User Agreement.
If there is no transaction on user account in 30 days, CSS Ekendra may terminate this User account at any time and may do so immediately without notice.
Objectionable Material
You understand that by using this Website / Mobileapp/ or any services provided on the Website / Mobileapp/, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website / Mobileapp/ and any service at your sole risk and that to the fullest extent permitted under applicable law, CSS Ekendra and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You may not use the Website / Mobileapp for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person’s use or enjoyment of the Website / Mobileapp.
Breaching any applicable laws;
Interfering or disrupting networks or web Website / Mobileapp/ connected to the Website / Mobileapp Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Alipurduar shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by CSS Ekendra and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Kolkata. The High Court of judicature at Alipurduar alone shall have the jurisdiction and the Laws of India shall apply.
Copyright & Trademark
CSS Ekendra, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website / Mobileapp Access to this Website / Mobileapp does not confer and shall not be considered as conferring upon anyone any license under any of CSS Ekendra or any third party’s intellectual property rights.
All rights, including copyright, in this Website / Mobileapp are owned by or licensed to CSS Ekendra. Any use of this Website / Mobileapp or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of CSS Ekendra.
You may not modify, distribute or re-post anything on this Website / Mobileapp for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of CSS Ekendra, its affiliates, its partners or its suppliers.
All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website / Mobileapp. Access to this Website / Mobileapp does not authorize anyone to use any name, logo or mark in any manner. References on this Website / Mobileapp to any names, marks, products or services of third parties or hypertext links to third party Website / Mobileapp or information are provided solely as a convenience to you and do not in any way constitute or imply CSS Ekendra endorsement, sponsorship or recommendation of the third party, information, product or service. CSS Ekendra is not responsible for the content of any third party Website / Mobileapp and does not make any representations regarding the content or accuracy of material on such Website / Mobileapp.
If you decide to link to any such third party Website / Mobileapp, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website / Mobileapp (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website / Mobileapp for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website / Mobileapp or any related software.
All software used on this Website / Mobileapp is the property of CSS Ekendra or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website / Mobileapp/ may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website / Mobileapp/ is strictly prohibited.
Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by CSS Ekendra, one of its affiliates or by third parties who have licensed their materials to CSS Ekendra and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website / Mobileapp is the exclusive property of CSS Ekendra and is also protected by Indian and international copyright laws.
Products
We have made every effort to display the products that appear on the Website / Mobileapp/ as accurately as possible. However, as the actual image you see will depend on your monitor/gadget screen, we cannot guarantee that your gadget’s display of any colour will be accurate.
