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Terms & Conditions

Terms & Conditions

2024-02-09 2024-02-09 14:24

UDropMore is an inventory-based digital Platform for buying and selling regular products online, and is owned and operated by Right Handy (hereinafter referred to as the “Firm”/ “We”/ “Us”), a Partnership incorporated under the laws of India, and having its registered office at Plat Number 4&5, Logix park, 3rd Floor, Sector-16, Noida−201301.

These Terms and Conditions (“T&Cs”) contain the complete terms and conditions that apply to a User, Buyer, and Visitor on the Platform, and govern their access to and use of the Service (as defined below). However, it is made clear that some of the Services may require the User/ Buyer/ Visitor to agree to additional terms and conditions. Unless otherwise provided, those additional terms shall be deemed to be incorporated into these T&Cs.

Understanding the T&Cs contained herein is important because, by using the Services on the Platform, the User/Visitor is agreeing to these terms, in their entirety.

These T&Cs, along with the Privacy Policy (“Terms”), together constitute a legal and binding agreement between you (“User”, “Buyer”, “Visitor”, “you”, “your”, “yourself”) and the Firm, which shall comprise the terms under which you shall be permitted to use the Firm’s website and mobile application (together referred to as the “Platform”). PLEASE READ THESE TERMS CAREFULLY BEFORE PROCEEDING TO USE THE PLATFORM. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM OR THE SERVICES PROVIDED BY THE PLATFORM. The Firm reserves the right to change or modify these Terms at any time and in at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Platform. By impliedly or expressly accepting these Terms, or through continuous use of the Services and/or the Platform, You accept and agree to be bound by any amendments, updates, and modifications to the Terms, as may be amended, updated, and modified from time to time.
This document is an electronic record in terms of Information Technology Act, 2000 (as amended from time to time) and the rules framed thereunder 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.

The T&Cs governing your use of the Platform as well as availing our Services are set forth below:

 1. DEFINITIONS

Unless repugnant to the context, the terms used in these T&Cs have the following meaning:

1.1 “Account” means the account created by a User on the Firm’s Platform at the time of registration.

1.2. “Affiliate” means, in relation to the Firm shall mean and include any sister concern of the Firm.

1.3. “Buyer”/ “Shopper”shall mean and include any User that purchases the Products, or places an order for the purchase of the Products through the Platform, for its personal use/ consumption.

1.4. “Delivery Note” shall mean the waybill containing the essential information (as determined by the Firm in its sole discretion) required for the performance of the logistics services, including name, delivery address and contact number (if applicable) of the Buyer or the designated recipient of the shipment, description of the contents of the shipment (if applicable) and pricing/COD details (if applicable).

1.5. “Force Majeure Event” includes any act, event, happening, non-happening, omission or accident beyond the reasonable control of the Firm and includes, without limitation, any natural disasters (earthquakes, floods, storm), adverse weather or climatic conditions, fire, explosion, accidents, epidemics, pandemics, quarantine restrictions, lockdowns, strikes, lock-outs, or other industrial action; riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or any other act of public enmity, block of passage, revolution, riots, civil commotion, hostility, sabotage, political upheaval; any business compulsion or shutdown/breakdown of the Platform, site maintenance, break-down of machinery/device, impossibility of the use of public or private telecommunications networks or internet services, infrastructure failure, network failure or internet or network non-availability, theft, dislocation of normal working conditions; any acts, decrees, legislation, regulations, or restrictions of any government, as may be applicable; or any other causes or conditions beyond the control of the Firm (“Force Majeure Event”), whether directly due to or in consequence of the aforesaid causes and the existence of such causes or consequences.

1.6. “Order(s)” shall mean order placed by Buyer for purchasing Products displayed on the Platform

1.7. “Order Detail(s)” shall mean the details relating to the Order, including without limitation, the description of Products, details of the brand, details of the Buyer, date of order placement, total amount payable by the Buyer, delivery date, mode of payment, unique order number (AWB number), etc.

1.8. “Personal Data”shall have the same meaning as ascribed to the term “Sensitive Personal Data or Information” under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (as amended from time to time), and under the Privacy Policy of the Firm.

1.9. “Platform”means the Firm’s Website, https://udropmore.com, and the mobile application.

1.10. “Products” shall mean the various branded products that are legitimately purchased by the Firm from the original owner/authorized resellers, and are sold by the Firm through its Platform.

1.11. “Services”shall mean and include any Products and/or services offered on the Platform by the Firm.

1.12. “User” means any individual who has registered on the Platform.

1.13. “Visitor” means any individual who is not a User, and is solely visiting the Platform or opening the Platform in its browser and closing it, without buying the Products, or without placing an order for the Products, or without using the Services provided on the Platform.

2.ACCEPTANCE OF TERMS

2.1. The User/ Buyer/ Visitor is deemed to have read, understood and accepted these T&Cs, in its entirety, as well as the Privacy Policy available on the Platform if the User/ Buyer/ Visitor —

2.1.1. uses the Platform or avails the Services provided through the Platform in any way; and/or

2.1.2. browses the Platform.

2.2. The User/ Buyer/ Visitor acknowledges that BY ACCESSING AND USING THE PLATFORM, such USER/BUYER/VISITOR AGREES TO BE BOUND BY THE T&CS CONTAINED HEREIN. IN THE EVENT, THE USER/BUYER/VISITOR DOES NOT AGREE WITH ANY OF THE TERMS CONTAINED HEREIN, THEY SHALL NOT ACCESS THE PLATFORM OR AVAIL OF THE SERVICES.

2.3. The T&Cs help define and establish a relationship between the Firm and the User/Buyer/Visitor.

2.4. The T&Cs contained herein expressly supersede all prior agreements or arrangements between Firm and the User/Buyer/Visitor.

2.5. The User/Buyer/Visitor understands that the access to the Platform and the offer of Services is conditional upon the User/Buyer/Visitor’s irrevocable consent and acceptance of all the terms, conditions, and obligations contained in the T&Cs hereunder (as may be amended from time to time). These T&Cs are an electronic record in the form of an electronic contract formed under the applicable law. These T&Cs do not require any physical, electronic, or digital signature. By accessing the Platform, the User/Buyer/Visitor hereby agrees to receive communication from the Firm, regarding registration on the Platform or of the Services, including but not limited to any promotional, marketing, transactional messages, through Email and/or SMS and/or any other electronic medium, including third-party channels such as WhatsApp, as approved by the User/Buyer/Visitor.

2.6. The User/Buyer/Visitor, being an individual, represents that it is lawfully, without any disability or restriction, able to enter into contracts.

2.7. The User/Buyer/Visitor acknowledges and agrees that it is solely responsible for its data uploaded to or transmitted through the Platform, as well as the consequences of uploading or transmitting its data onto or through the Platform.

2.8. The User/Buyer/Visitor acknowledges, represents, and warrants that with respect to any data uploaded to, posted on, or transmitted through the Platform that:

2.8.1. it has all necessary licenses, rights, consents, and permissions to upload, transmit, or publish such data and that it grants the Firm express, irrevocable license and authorization to use such data for the provisioning of Services; and

2.8.2. any use by the Firm of the data uploaded, transmitted, or published by it on the Platform will not constitute infringement of any third party’s rights, over such data posted or transmitted through the Platform.

2.9. The User/Buyer/Visitor agrees and acknowledges that it is solely responsible to Firm and its Affiliates, for any breach of its obligations, representations, and warranties under the T&Cs and for the consequences of any such breach, including any loss or damage which Firm may incur, whether directly or incidentally, due to any such breach.

3. CONDITIONS FOR USE OF THE PLATFORM

3.1. You must be at least 18 years of age or higher, in order to access, register and use the Platform.

3.2. You acknowledge that the Firm does not have the responsibility to ensure that you conform to the aforesaid eligibility criteria. It shall be your sole responsibility to ensure that you meet the required eligibility. The Firm will not be responsible for any consequences that may arise due to misuse of the Platform, by any person including a minor, registering, and using the Platform. Through your use of the Platform and its features, you warrant that the data provided by you, including your name, date of birth, age is accurate and complete.

3.3. Notwithstanding the above, we reserve the right to suspend your Account and/or refuse to provide you with access to the Platform if it is discovered that you are under the age of 18 years.

4. REGISTRATION AND ACCOUNT CREATION

4.1. In order to avail the Services or place any Order on the Platform, you shall be required to fulfil the following conditions:

4.1.1. Registration on the Platform: In order to access and use our Services and place an Order through the Platform, you will need to register and create an Account. When you create an Account, you will be asked for basic registration information, such as mobile number, email address, username, and password.

4.1.2. One-Time Password (OTP):When the User provides the email address and mobile number as part of the registration process then for the purpose of verification of the authenticity of the said email address and mobile number, the User will receive one OTP on the email address and another OTP on the mobile number, which will be valid for 10 (“Ten”) minutes.

4.2. The User hereby agrees to provide accurate and complete information for the purpose of Registration on the Platform. Firm shall not be responsible for verifying the accuracy and completeness of any such information. The User agrees and acknowledges that the onus of ensuring the completeness and accuracy of such information shall, at all times, lie with the User.

4.3. The firm reserves the right to reject the request for the creation of the Account, at its sole discretion, if the data or information submitted appears to be incomplete, incorrect, or inaccurate.

4.4. The User agrees, undertakes and declares that it has made its own assessment of the Platform and has determined that it is fit for its purposes. The User will be using the Platform at its own risk, irrespective of the capacity in which it uses the Platform and it is expressly clarified that the Firm shall owe no fiduciary or other duty or obligation to the User other than as expressly agreed in writing by the Firm.

4.5. The User agrees and acknowledges that any transactions entered into through the Platform shall be at the sole discretion of the User, and that the Firm shall not be liable for the same.

4.6. Upon creation of the Account, the Firm grants the User a non-exclusive, limited privilege to access and use the Platform, subject to compliance with the T&Cs. The Account created by you for use of the Platform shall be non-transferable and its use is restricted only to you, and no other person.

4.7. You are solely responsible for your Account and any data therein, and must keep the log-in credentials (log-in ID and password) secure at all times. You shall not sell, transfer or sub-license the log-in credentials to any other person. You undertake that upon becoming aware of any unauthorized access to your Account, you shall promptly notify Firm of such unauthorized use or access at support@udropmore.com. You agree and acknowledge that you will be solely responsible for any failure to notify the Firm regarding any such unauthorized use of your Account, as well as for any losses/damages resulting from such unauthorized use, and that Firm shall bear no responsibility or liability, whatsoever, for the same.

4.8. To maintain control over the Account and to prevent anyone from accessing the Account (which would include information on viewing history for the Account), the Account owner should maintain control over the devices that are used to access the Service and not reveal the password or details of the Payment Method associated with the Account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your Account. We can terminate your Account or place your Account on hold in order to protect you, Firm or our partners from identity theft or other fraudulent activity. You agree that the person who created the Account on our Platform and whose Payment Method is charged is responsible for any activity that occurs through the Account.

4.9. The User Account shall display the following details:

4.9.1. Updated Profile– The User may edit their information at any time, by submitting a valid reason and the documentation in support thereof, if any;

4.9.2. ‘Purchase/Order History;

4.9.3. Active Orders, including the details and the quantity of the Order(s) placed, Payment made, Payment pending, if any, shipping status of the Product, Product tracking details, if applicable, etc.;

4.10. The User agrees that its usage of the Platform and viewing various Products listed on the Platform shall not, in any manner, imply, suggest, or constitute any sponsorship, recommendation, opinion, advice (whether legal or otherwise), or approval of any brand owner, registered proprietor, IP owner, or manufacturer, in favor of such Products. Furthermore, the brand owner, registered proprietor, IP owner, or manufacturer does not provide any warranty regarding the quality and genuineness of the goods nor do they provide any after-sales service for these Products. The Firm, however, warrants that the Products are legitimately acquired, are genuine, and are sold directly by the Firm. Please note that the Firm has no affiliation with, or is not sponsored by, or supported by, the brand owner, registered proprietor, IP owner, or manufacturer of these Products.

4.11. The use of the Platform is only for the purposes permitted by:

4.11.1. the T&Cs contained herein; and

4.11.2. any Applicable Law, rules, regulations, or generally accepted practices or guidelines and the same shall not be for any illegal purpose or any other purpose which is expressly or impliedly barred by any applicable law, statute, ordinance or regulation in force from time to time.

5. PURCHASE AND SALE OF PRODUCTS/SERVICES ON THE PLATFORM

5.1. The Firm shall procure the Product(s) under various categories from the authorized resellers and brand owners, legitimately, and list the said Product(s) on the Platform for the purpose of being purchased by the Buyer. Any sale and purchase of the Product(s) from the Platform shall be in accordance with the terms and conditions outlined in this T&C.

5.2. For the purpose of purchasing the Product(s) from the Platform, the User must create a registered account as provided under Clause 4.1. of this T&C. The said registration is free of cost.

5.3. All details and specifications related to the Product(s) shall be provided by the Firm on an “as-is” basis, in the product description area alongside, or under the Product(s) so displayed. Further, the Firm shall display all-sided images of the Product(s) and its packaging.

5.4. The Buyer shall have the right to purchase any and/or all Product(s) displayed on, and at the price listed on, the Platform.

5.5. Flash Promotions and Campaigns

5.5.1. The Firm may conduct various flash sales, promotions and campaigns, The User shall have the right and the option to buy such Product(s) at the listed Price, at any time, or during the flash sale/promotion period at a reduced/discounted price.

5.5.2. The duration of the Drop Sale shall only be for hundred (“100”) seconds, and the price of the Product(s) that are part of the flash sale shall keep dropping every millisecond, unless the first person clicks on the ‘Buy Now’ button or the drop timer runs out. Upon clicking ‘Buy Now’, the Buyer must make full and complete payment immediately.

5.6. The prices listed on the Platform, regardless of the flash sale, shall be exclusive of applicable statutory taxes, including GST, and any other shipping charges. Such taxes and shipping charges shall be borne by the Buyer at the time of placing the Order.

5.7. All Product(s) purchased through the Platform, whether as part of flash sale or not, shall be delivered by the Firm as per the Shipping Policy of the Firm.

5.8. At the time of placing the Order, the Buyer must ensure that the complete address (including the Pin Code) of the Buyer or the recipient is correctly specified at the time of purchase. In case of incorrect address, the Firm shall not be liable for any loss, damage or harm caused to the Buyer and/or the recipient. The Firm shall neither entertain, nor be entitled to entertain any refund request in case of such incorrect details furnished by the Buyer of the Product(s) on the Platform. All Product(s) purchased through the Platform shall contain a proper Delivery Note required for the performance of the logistics services and to ensure transparency.

6. GENERAL UNDERTAKING BY USER, BUYER AND VISITOR

6.1. The User/Buyer/Visitor hereby undertake to not access or use the Platform for any purpose other than that for which the Platform is made available. The Platform shall not be used in connection with any commercial purposes, except in the manner approved by us. Further, the User/Buyer/Visitor agree not to:

6.2. Systematically retrieve any data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

6.3. Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited emails, or creating user accounts by automated means or under false pretense.

6.4. Use the Platform to advertise or offer to sell goods and services.

6.5. Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any content on the Platform or enforce limitations on the use of the Platform and/or the content contained therein.

6.6. Engage in unauthorized framing of or linking to the Platform.

6.7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

6.8. Make improper use of our support services/redressal mechanisms, by submitting false complaints of abuse or misconduct, or in any other manner.

6.9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

6.10. Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.

6.11. Attempt to impersonate another user or person or use the username of another user, and/or to sell or otherwise transfer your registration profile.

6.12. Use any information obtained from the Platform in order to harass, abuse, or harm other persons/users.

6.13. Use the Platform as part of any effort to compete with us or otherwise use the Platform for any revenue-generating endeavour or commercial enterprise.

6.14. Attempt to bypass any measures, including security measures/firewalls of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.

6.15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.

6.16. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform; delete the copyright or other proprietary rights notice from any Content; and/or copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other source code.

6.17. Upload or transmit or misuse the Services or corrupt the Platform, or attempt to upload, or transmit or misuse the Services or corrupt the Platform, by introducing any viruses, bugs, worms, Trojan horses, or any other harmful material/malware, spyware, or any other program which is malicious or harmful, or indulge in any other activities, which would interfere with any user’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform

6.18. Attempt to gain any unauthorized access to the Platform, the server on which the Platform is hosted, or any other database, server, or computer connected to the Platform

6.19. Use or attempt to use any unauthorized means, including but not limited to, use of any deep-link, program, automatic device, algorithm or methodology, or any similar processes, or hacking to access, utilize, copy or monitor any part/feature of the Platform or its content, or avail any Services or in any way reproduce or circumvent the source code, structure or layout of the Platform, or obtain or attempt to obtain any information not openly available on the Platform.

6.20. Upload or transmit, or attempt to so do, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).

6.21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.

6.22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform, as well as our goodwill and business reputation.

6.23. Upload or distribute any material or information that is, or contains tags or keywords which are illegal, inappropriate, profane, obscene, offensive, abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing, or is otherwise injurious to the Firm and/or any of its Affiliates, or is objectionable in any manner whatsoever;

6.24. make any other use of the Platform which would or has the ability to violate these T&Cs and/or any applicable laws or regulations.

7. OWNERSHIP OF INFORMATION ON THE PLATFORM AND INTELLECTUAL PROPERTY RIGHTS

7.1. Any information or content, published by the Firm on the Platform, directly or indirectly, shall exclusively belong to the Firm, including the information, specifications, photographs, images related to the product(s) displayed on the Platform, save and except the brand name, logo, or any trademark or symbol used on the Product(s) displayed, which shall belong to and be solely owned by their respective owners. The sole purpose of using and displaying the original brand name, logo, or any trademark or symbol, of the registered proprietor, brand owner, IP owner, or manufacturer, used on the Product(s) is to assert and communicate the genuineness of the Products so displayed, and no other purpose. The copying of any content or information displayed on the Platform, for commercial purposes shall constitute a violation of the Firm’s copyright, and the Firm reserves the right to take appropriate legal action under applicable law before the competent court.

7.2. The title and ownership of the Platform and the arrangement and process thereof, including but not limited to information, text, graphics, user interfaces, visual interfaces, images, Firm’s logos, button icons, software code, object code, design, structure, and the collection, arrangement, and presentation of the information on the Platform, is protected under copyright, patent and trademark laws, and all other applicable intellectual property rules, regulations and guidelines, and shall, at all times, vest with the Firm, along with the intellectual property (copyrights, trademarks, patents), design and all other related rights thereto. You shall not modify, reproduce, display publicly, distribute, or use such content in any way, for profit, personal gain or any commercial purposes.

7.3. The trademarks, logos and marks related to the Firm, and displayed on the Platform are the property of the Firm (“Firm’s Trademarks”), except the brand names, logos, trademarks, etc. related to the Product(s) displayed on the Platform (“Product’s Trademarks”), all of which shall belong to and be owned by their respective owners. The User/Buyer/Visitor shall not use the Firm’s Trademarks in any manner whatsoever, without the prior written consent of the Firm. The User/Buyer/Visitor shall not use Product’s Trademarks in any manner whatsoever, without the prior written consent of the actual owner of such Product’s Trademarks. In the event the User/Buyer/Visitor infringes or attempts to infringe the copyrights, trademarks, or other intellectual property rights of the Firm, the Firm may, in its sole discretion, deny the User/Buyer/Visitor access to and use of the Platform. In the event the User/Buyer/Visitor infringes or attempts to infringe the Product’s Trademarks, the Firm shall not be held liable for the same, in any manner whatsoever and howsoever.

7.4. The User/Buyer/Visitor understands and agrees that the Product’s Trademarks are owned exclusively and absolutely by the respective brand owners. Nothing in these T&Cs, including the displaying of Products containing the Products’ Trademarks, implies the vesting or transferring of ownership of such Product’s Trademarks in the name of the Firm.

7.5. The User/Buyer/Visitor agrees and undertakes not to upload, post, disseminate, reproduce, or distribute any content on the Platform belonging to the Firm, without obtaining prior written consent from the Firm. Any unauthorized dissemination, use, distribution or reproduction of any proprietary content confers upon the Firm, as the holder/owner of copyright, to pursue appropriate legal action against you before the competent court, and/or any other legal remedy, as the case may be. No content/information/post on the Platform shall in any way be construed to grant any User/Buyer/Visitor any right to use any proprietary information or intellectual property of the Firm without obtaining written permission for the same.

7.6. The User/Buyer/Visitor agrees and understands that any breach of this clause, or of these T&Cs, by the User/Buyer/Visitor would cause irreparable damage to the Firm, and the Firm therefore, reserves the right to seek injunctive relief against the User/Buyer/Visitor, in addition to other remedies available in law and equity, before the competent court/legal forums.

8. CONFIDENTIALITY

8.1. The User/Buyer/Visitor acknowledges and agrees that all information, data or details in any form with respect to the Platform, its designs, structure and arrangement, visual interfaces, specifications, documentation, components, source code, object code, images, icons, audio-visual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, in addition to all documents, data, papers, statements, any business/user/customer information, trade secrets and process of the Firm relating to its business practices or in connection with the provision of Services by the Firm, trade and business of the Firm, or otherwise, any information including names, assets, details, documents, transaction records, potential transactions, negotiations, pending negotiations, data, applications, software, systems, papers, statements, business information, marketing and financial information, databases, manuals, records and reports, articles, systems, material, sources of material, and any other data pertaining to the Firm, available to it through Platform (“Confidential Information”) is of a sensitive and confidential nature.

8.2. The User/Buyer/Visitor undertakes to maintain the confidentiality of all Confidential Information, at all times, and shall not perform any act or omit to perform any act whose performance was otherwise necessary, to breach the confidentiality. The User/Buyer/Visitor undertakes to use all Confidential Information with such care and discretion, but not less than reasonable care, to avoid disclosure, publication, or dissemination of Confidential Information, as it will exercise in respect of its own information of similar nature that it does not wish to disclose, publish or disseminate, without its prior written consent or in an unauthorized manner.

8.3. The User/Buyer/Visitor may disclose Confidential Information only to the extent required by any regulatory authority or governmental authority under the applicable law, provided, prior to such disclosure, the User/Buyer/Visitor shall immediately inform the Firm of such request for disclosure, to enable the Firm to obtain any order to prevent or limit the disclosure of Confidential Information; and

8.4. The User/Buyer/Visitor agrees:

8.4.1. To take all necessary action to protect the Confidential Information against misuse, sale, loss, destruction, deletion, and/or alteration;

8.4.2. To use the Confidential Information only in connection with the Services/transaction for which the Confidential Information is obtained; and

8.4.3. Not to misuse or permit misuse directly or indirectly, commercially exploit the Confidential Information of the Firm or any of its Affiliates through the Platform for economic or other benefit or in a manner prejudicial to the Firm.

9. COMMUNICATION AND SUBSCRIPTION

9.1. Your acceptance of these Terms shall also include your acceptance towards any news, updates, offer/campaign-related SMS, to the contact number and email address provided by you. By accessing, registering on the Platform, and thereby verifying your contact number and email address for the same, and subsequently using the Platform, you thereby explicitly consent to receiving such communications from us through phone call, SMS, e-mail, or any other digital or electronic media from us, or any of our authorized personnel/representatives regarding any new products, services, any promotional campaigns and offers.

9.2. You may, at any time, exercise your right to unsubscribe/opt-out of receiving any marketing/promotional communications, newsletters, SMSs, e-mails or any other such notifications from us at any time by referring to and following the instructions contained in such communications.

9.3. You agree to cooperate with the Firm, as and when we reach out to you through phone call, SMS, e-mail or any other medium of communication, for the following purposes:

9.3.1 Obtaining feedback/reviews with respect to the Platform.

9.3.2 Resolving complaints/grievances raised by you with respect to your use of the Platform.

10. EXCLUSION OF WARRANTIES

10.1. You expressly understand and agree that your use of the Services is at your sole risk and that the Services are provided on ‘as is’ and ‘as available’ basis.

10.2. In Particular, the Firm and its Affiliates do not represent or warrant to you that:

10.2.1. Your use of the Platform will meet your requirements.

10.2.2. Your use of the Services will be uninterrupted, timely, secure or free from error.

10.2.3. Any information obtained by you as a result of your use of the Services will be accurate or reliable; and

10.2.4. that defects in the operation or functionality of any software provided to you as part of the Services will be corrected.

10.3. No advice or information whether oral or written, obtained by you from Firm or through or from Services shall create any warranty not expressly stated in the terms.

10.4. The Firm further expressly disclaims all warranties and conditions of any kind, whether express or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

10.5. All Products displayed on the Platform are brand new and unused, and are purchased by the Firm “as is” from the authorized retailers and major resellers of the brand, both online and offline. The Firm expressly disclaims all product liabilities, warranties, guarantees, and conditions of any kind, whether express or implied, including but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

10.6. In case of any defect and/or damage of any nature whatsoever in the Product(s) sold through the Platform, including any manufacturing defect, the Firm’s total liability shall be solely to replace the defective Product(s). The Firm expressly disclaims and waives all additional liabilities and responsibilities related to such defective Product(s).

11. LIMITATION OF LIABILITY

11.1. The Firm and its Affiliates, employees, agents, and associates make no warranty, express or implied, with respect to the Platform, its Services or its contents, and assumes no liability or responsibility whatsoever, for any losses/damages, direct or indirect, suffered by you or any other user, on account of using the information on the Platform, availing of any Services or acting on the basis of any suggestion made, or opinion given by the Firm on the Platform.

11.2. The Firm, its, employees, agents, associates and Affiliates, will not be liable with respect to any subject matter relating to the T&Cs under any law of contract or torts, or on account of negligence, strict liability or other legal or equitable rights for: (a) any special or consequential damages; (b) for interruption of use; (c) loss or corruption of data

11.3. The Firm shall not be liable or responsible for:

11.3.1. any faulty operation of system during accessing of Platform or during the transmission/transfer of any data/information;

11.3.2. any damage that occurs due to any information provided by the User/Buyer but not being received by the Firm or not being received promptly or appropriately, as a consequence of technical faults with the Platform (whether or not in the Firm’s control);

11.3.3 any loss or damage caused due to any bugs, viruses, worms, malware, spyware, or any similar program that may infect the User’s/Buyer’s computer, software, data, or any other property caused by accessing or using the Platform or availing any Services, or from any emails, communication or attachment received from the Firm;

11.3.4 any failure to perform, or delay in performance of, any of the obligations or Services by the Firm due to events outside reasonable control of the Firm.

11.4. Participation in any promotional campaigns and flash sale on the Platform shall be treated as conclusive evidence of the fact that the Buyer has inspected the products and the related documents/description pertaining to the said Product and is satisfied in all respects regarding the quality, quantity, condition of the Product, taxes and duties, if any, and other extraneous factors and the principle of caveat emptor (let the Buyer be aware) will apply. It shall also imply that the Buyer has carefully gone through the T&Cs, including amendments, if any, prevailing at the time of such promotional campaign, and any other specific terms and conditions related to such promotional campaigns and flash sales. In case of any objections or complaints related to the quality or any defect in the Product purchased via promotional campaigns and flash sales, provided such defect is not due to reasons attributable to the Buyer, the Firm’s aggregate liability shall be to provide the option to return the Product, and process its refund as per the Return and Refund Policy of the Firm.

11.5. You agree that the Firm shall not under any circumstances be liable for any direct, indirect, punitive, incidental, special, or consequential, or any other form of damages resulting from (i) your use or inability to use or access the Platform, (ii) any unauthorized access/use/alteration of your data, or (iii) any other matter, including but not limited to damages for loss of data, loss of profit, arising out of your use of the Platform.

11.6. You agree that any data or material which is downloaded or otherwise obtained by you through the Platform, is done at your sole discretion, and you will be solely responsible for any damage to your computer/device systems or loss of data resulting from such downloads.

12. INDEMNIFICATION

12.1. If the Firm is of the opinion, or has reasons to believe, that you have provided fraudulent, incorrect, inaccurate or incomplete information on the Platform at any time, the Firm reserves the right to suspend your access to your Account. You shall also be liable to indemnify the Firm for any losses suffered as a result of such misrepresentation or fraudulent use of the Platform and/or fraudulent feedback, which may have adversely affected the Firm, its partners and/or its Users/Buyers.

12.2. The User/Buyer hereby agrees to indemnify and hold harmless the Firm (including its directors, employees, representatives, agents, and affiliates) from time to time, against any and/or all losses, liabilities, obligations, damages, judgments, costs, expenses (including, without limitation, advisors’ fees), claims, fines, penalties, proceedings, actions or demands, of any kind or nature incurred by the Firm/caused to Firm on account of the User/Buyer’s use of the Platform or the Services, including but not limited to, the violation of these T&Cs.

13. FORCE MAJEURE

The Firm and/or the Platform shall not be liable for any failure or delay in performance due of any of their obligations due to any Force Majeure Event. The obligations of the Firm/Platform shall extend the time of performance, till such Force Majeure Event shall have ceased to exist.

14. SEVERABILITY

Every provision contained in these T&Cs shall be severable and distinct from every other provision and if, at any time, any one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not be, in any manner, affected or impaired thereby.

15. NO WAIVER

15.1. Neither the failure to exercise nor any delay in exercising any right, power, privilege or remedy under these T&Cs shall, in any way, impair or affect the exercise thereof or operate as a waiver thereof, in whole or in part.

15.2. No single or partial exercise of any right, power, or privilege under these T&Cs shall prevent the exercise of any other right, power, privilege or remedy under the T&Cs.

16. SECURITY OF DATA

16.1. All facilities used to store data and process the transaction will adhere to reasonable security standards, which will be at par with the security standards adopted by Firm for processing and storing its own information of a similar nature. The Firm has implemented industry-standard systems and procedures to ensure the security and confidentiality of a transaction and its related data, protect the User/Buyer against anticipated threats or breaches to the security or integrity of a transaction and its related data, and protect the User/Buyer against unauthorized access to its data.

16.2. You acknowledge and agree that you have granted Firm the permission as well as the non-exclusive right to store and transfer your Personal Data, subject to the applicable laws and in accordance with the Privacy Policy of the Firm.

16.3. The Firm does not claim any ownership, intellectual property rights, or other rights whatsoever outside the scope of what is necessary to provide the Services.

16.4. The Firm reserves the right to perform statistical analysis of the activity on Platform in order to measure interests in the various sections of the Platform for the purpose of product and Service development. Any non-personal information such as internet domain, host names, IP addresses, clickstream patterns, and the dates and times on which Platform is accessed may be recorded for the purpose of analysis and shall be governed by the Privacy Policy of the Firm. The analytical data collected is for internal use only.

17. MODIFICATIONS/CHANGES TO OUR T&CS

The User/Buyer/Visitor acknowledges and agrees that the Firm has the right to revise, modify, amend or discontinue any of these T&Cs from time to time, including, without limitation, to reflect, inter-alia, changes in market conditions, technology, requirements, laws, etc., and the Firm shall not be obligated to obtain any approval/consent of the User on the revised T&Cs. The User/Buyer/Visitor is deemed to be aware of the latest T&Cs and the use of Platform and the availing of the Services is subject to the most current version of the T&Cs available on the Platform at the time of such use. We will make the revised T&Cs accessible through the Services, so you should review these Terms periodically. You can know if the T&Cs have changed since the last time you reviewed it by checking the “Date of Last Revision” included at the beginning of the document. If we make a material change to the T&Cs, you will be provided with appropriate notice in accordance with legal requirements. By continuing to use the Services, you are confirming that you have read and understood the latest version of these T&Cs.

18. DISCLAIMER

18.1. All the information provided on the Platform is subject to the condition that you make an independent determination regarding the accuracy, correctness, usefulness, and suitability, prior to using the same, and the Firm assumes no responsibility/liability for accuracy, correctness, usefulness, and suitability of the said information. Further, the Firm shall not be responsible in any manner, for the data provided, stored, or managed by you on the Platform.

18.2. The information on the Platform may contain inaccuracies or typographical errors. While the Firm shall make its best efforts to ensure that all the information on the Platform is correct and accurate, it makes no warranties or representations with respect to the accuracy, quality, and correctness of the said information.

18.3. The entire information on the Platform is provided on ‘as is’ basis, without any warranty or guarantee of any kind, including but limited to the implied warranties of merchantability and suitability for a certain purpose, title, non-infringement, accuracy or security.

18.4. The Firm shall not be held responsible or liable for any failure of power, network, server, hosting server, internet connectivity, ISP, or otherwise at the Buyer’s end or at the Firm, directly or indirectly affecting the online purchase of the Product(s).

19. GOVERNING LAW AND JURISDICTION

These T&Cs are governed and construed in accordance with the laws of India and the User hereby submits themselves to the exclusive jurisdiction of courts and tribunals at New Delhi, India. The User irrevocably waives any objection it may have now or in the future to the choice of courts and tribunal of New Delhi, India as an inconvenient forum.

20. CONTACT INFORMATION

Please feel free to write to us, if you have any queries regarding Firm’s T&Cs or the information practices of the Services, on the below mentioned details:

WhatsApp:- +91 83840 36476
Email Address:-
support@udropmore.com
Office Address:-
Plot number 4&5, Logix park, 3 Floor, Sector-16, Noida – 201301
Contact Number:- +91 83840 36476

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