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Terms and Conditions
FOR SHOPPING MEMBERS

READ THESE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE SHOPPING FOR PRODUCTS AND SERVICES. YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS LICENSE AGREEMENT AND AGREED TO BE BOUND BY THEM. IN THE EVENT, THAT YOU DO NOT AGREE WITH ANY TERM OF THIS AGREEMENT THEN YOU ARE NOT ENTITLED FOR ANY SHOPPING SERVICES FROM OUR PORTAL. THE MOST IMPORTANT CONDITION IS THAT YOU MUST BE A REGISTERED MEMBER OF OUR SHOPPING SITE. TO DO THIS IS VERY EASY. CLICK ON REGISTER LINK PROVIDED ON THE RIGHT TOP BLUE PANEL. KINDLY FILL IN THE FORMS ACCURATELY.

Definitions Termination of this license
License General
Warranties Updates/Marketing Information
Intellectual property Language
Indemnity Contact
 
1. Definitions

"Company, products and services" means:

(a) COMPANY in this case refers to Eswayamvaram, PRODUCTS AND SERVICES include all products listed in this portal under the various categories and sections listed, which may be updated from time to time by the company.

This software is developed by SKI SOLUTION Kochi a Division of SreeKrishna International Kochi the owners of this portal. The Proprietor Mr. Shree Kumar Balan Nair Indian NATIONAL is one of the leading Business Management and IT Consultant Kochi, Kerala State, INDIA.

The Company SKI Solution developed this software - Eswayamvaram Shopping. Based on a new solution called Customer to Business C2B Solution. The Holding Company SreeKrishna International is recognize and officially registered under the KGST Kerala General Sales Tax Act and the CST Central Sales Tax Act. Duly Licensed and Certified.
The exclusive ownership of the software and the portal and the website Eswayamvaram and its activities are with the proprietor Mr. Shree Kumar Balan Nair who employees a team of professional programmers to carry out the day to day administration and updating of the portal. He is the only authorized signatory for the company or for any of the activities of the company.

Under these terms and conditions of the company Sree Krishna International hereinafter referred as the Company conducts all business through the Internet and is constantly promoting ecommerce business solutions for the International IT World.


Eswayamvaram enables Internet users to access all products, information, and services offered by Eswayamvaram
as SHOPPING PRODUCTS through registered VENDORS and registered shopping members SUITABLE FOR WEDDING, BIRTHDAY, OR ANNIVERSARY GIFTS. Such as but not limited to Handicraft items, Imitation Jewellery, Watches, Electronic Products, Ties and Scarves, Perfumes, FRESH FLOWERS such as Table Bouquets, Hand Bouquets, SWEETS such as Indian Mithai, Wedding and Birthday Cakes, Ice Creams, Dry Fruits, JEWELLERY such as 18 carat,22 carat, 24 carat, diamond studded, precious stones, gems, pearls, of various categories such as Rings, Ear Rings, Nose Rings, Pendants, Bracelets, Necklace, Sets, Anklets, Bangles, Chains, Gems and Stone Studded Jewellery,DRESS MATERIALS such as wedding dresses for Mens and Women, Silk Sarees, Wedding Costumes, Western Dresses, Ethnic Dresses, INVITATION AND GREETING CARDS for reception, engagements, thank you cards, wedding, birthday or anniversary cards HOTELS AND RESORTS Hill Resorts, Beach resorts, Plantation Resorts, Cruise Boats for Back Waters, Hotels and such Products, Owners, Dealers, Distributors or Marketing Organization and Manufacturers of such range of products or their affiliates companies are eligible to be registered as vendors. .

(b)Eswayamvaram offers shelf space on rental in the various sections of the website, under various classifications, it also offers vendors to link their complete webpages through this portal only as Company Links. Marketing, Advertising, Exhibiting or Showcasing the products and services world wide is the mission of Eswayamvaram.

(c) All Eswayamvaram products and services, extensions, components or libraries, developed by the Licenser but expressly excluding any third party products and services."Licenser" means Mr. Shree Kumar Balan Nair owner of Sreekrishna International, Kochi, Kerala, India. Which is the manufacturer and owner of the products and services.

"Eswayamvaram Products and Services" means:

(a) the products and services being sold under the Eswayamvaram shopping site developed by the Licenser and which it allows users on a world wide web directly connected to the Internet to access the Eswayamvaram website via a single machine on that local area network which is connected, either via a dial-up modem/ISDN connection or second Ethernet interface; and

(b) all related documentation and literal and non-literal elements (e.g. screen displays) of the Eswayamvaram products and services.

(c) all Eswayamvaram products and services extensions, components or libraries, developed by the Licenser but expressly excluding third party products and services.

"Vendor" means the organization from which Eswayamvaram Purchased Products or Services to use the products and services or who installed or supplied the products and services being marketed, advertised and promoted through this shopping portal.

2. License

2.1. The Licenser grants You a FREE Membership License to eshop products and services through the Portal against payment for the product and services ordered as applicable from time to time.

The rates and prices quoted on the site is subject to change without notice By the Vendor. However, before delivering such products the final cost of delivery and the product prices will be reconfirmed so that arrangements can be made to transfer the funds in advance or through Bank or Value Payable by Post or Courier or whatever means mutually agreed.

The products requested are per the discretion of the order placed by you. Subject to the verification of your credentials, Eswayamvaram thereby after approving the membership offer you a non-exclusive, perpetual and not for resale license to use the portal site and related services strictly in accordance with the provisions of this agreement.

You may not make a single copy of this products and services for the purposes of backup or otherwise. Should You wish to buy any of the products and services linked or for reselling these product and services for your personal profit or for any development projects. You will first need to make the necessary payments to eswyamvaram and accept the terms and conditions for sale, or obtain any permissions.

In addition, the Licenser grants You a non-exclusive, perpetual and not for resale license to use the Portal on any computer on the world wide web network.

2.2. If You have purchased the products and services for your business requirements on a Trial or evaluation basis then: (a) clause 2.1 shall not apply; (b) the License grants You an expiring non-exclusive, not for resale license to eshop and evaluate the products and services being sold under this portal; and (c) You agree not to shop the products and services in any way other then those recommended and approved by Eswayamvaram. Please be guided by the local customs authorities to ascertain the duties, and levies if any chargeable for any of the product ordered by you. Which will be payable by you at the time of delivery.

2.3. The License retains all other legal and equitable rights in, excluding title to, the products and services being sold through the portal which are sourced from the International and National markets worldwide.

2.4. The license granted to You in either clause 2.1 or 2.2 of this agreement will expire immediately on the expiration or termination of this agreement for whatever reason.

2.5. You undertake not to: (a) copy, reproduce, translate, adapt, disassemble, decompile, reverse engineer, or otherwise vary or modify the Orders Placed on Eswayamvaram . The Eswayamvaram. Products and services are sold without any warranties or guarantees from Eswayamvaram All products are guaranteed by the Manufacturer or the Vendor. Eswayamvaram Guaranties Delivery of the product and Service at the destination or address against the Receipt of Payment Received or Transferred in accordance with the Laws existing in INDIA from time to time. (b)No claims will be settled if the Customer was responsible for removing any proprietary labels or notices from the physical media upon which the products and services was supplied (if any).

2.6. Any Vendor Membership activation key, password or loginname is strictly confidential and personal to You and may not be disclosed to any third party. You undertake to: a) Take reasonable care to protect and secure any activation key from any third party.

3. Warranties

3.1. Subject to clause 3.2, the products and services is provided "as is" without warranty of any kind, either express or implied by Eswayamvaram, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. The Licenser does not warrant that the functions contained in the products and services will meet Your requirements or that the operation of the products and services will be uninterrupted or error free. Vendors of the products have guaranteed the merchantibility for the products and have offered the warranty and guarantees for the products dispatched or delivered to you as per international terms and conditions. You may need to take the insurance policy for the products purchased from the portal for your own investment security. As this will protect you against possible thefts, losses or damages.

3.2. Some jurisdictions do not allow the exclusion of implied warranties, so depending on the jurisdiction in which You obtained Your order to purchase the products and services or purchased (as the case may be) the exclusions in clause 3.1 of this agreement may not apply to You.

3.3. Under no circumstances will the Licenser or its Suppliers be liable to You or any other person (whether in contract or tort or otherwise) for any loss or damage of any kind, including consequential damage and loss of profits, caused directly or indirectly in connection with the purchase of products and services, or Your use of or Your inability to use the products and services.

3.4. In the event that the limitation contained in clause 3.3 is held to be invalid in Your jurisdiction for any reason then the Licenser's liability shall be limited to the maximum extent permitted by law to any money paid by You for the right to purchase any of the products and services (if any).

4. Intellectual Property

4.1. You acknowledge that all the intellectual property rights in the software used for operating this portal Eswayamvaram (including all source and object code, screen displays, associated packaging information and documentation, trade names or trademarks, patents, registered designs, confidential information and trade secrets) are the sole property of the Licenser. You will not during or at any time or even after the termination of this agreement contravene these rights or in any way question or dispute the ownership by the Licenser of any such rights.

4.2. All information, data, drawings, specifications, documentation, products and services listings, procedures, source or object code which the Licenser makes available to You relating to the products and services are proprietary and confidential. You will not disclose such information to any third party without the Licenser's prior written consent.

4.3. You shall indemnify the Licensers fully against all liabilities, costs and expenses which the Licenser may incur to a third party as a result of any breach of the intellectual property provisions of section 4 of this agreement by You.

4.4. In the event that You previously used the products and services on a trial basis then Your full membership will have been accessed by way of an activation key obtained from the Licenser or a Supplier. This activation key is strictly confidential and personal to You and may not be disclosed to any third party.

5. Indemnity
5.1. You agree to indemnify the Licenser and Supplier for loss or damage they may suffer arising out of any breach of this agreement by You.
6. Termination of this license        

6.1. This agreement will terminate immediately without notice and without prejudice to the remaining legal rights of the Licenser if You fail to comply with any term or condition of this agreement.

6.2. Upon termination of this agreement You shall: (a) either destroy the documentation or return the documentation to the place where it was obtained; and (b) destroy any records of the activation key.

7. General      

7.1. This agreement is governed by the laws of INDIA. Any litigation commenced by you shall be brought in a INDIAN Court in Kochi, Kerala. Any litigation commenced by the Licenser may be brought in the High Court of Kerala or any other Court of competent jurisdiction at the election of the Licenser.

7.2. This agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

7.3. This agreement contains the entire agreement between You and the Licenser. and supersedes all prior agreements or understandings in any other communication between us relating to the products and services.

7.4. Failure or delay by the Licenser. in enforcing any right or provision of this agreement is not to be deemed a waiver of such provision or right with respect to any breach.

7.5. If any provision of this agreement is deemed to be illegal then that provision will be deemed to be deleted and the remaining provisions of this agreement will remain in full force and effect.

7.6. You may not assign, transfer, sub-licence or otherwise dispose of Your interest in this agreement without the Licenser's prior written consent. 7.7. You authorize the Licenser. and Supplier to use and disclose to any third party any information supplied by You to either the Licenser. or Supplier.

8. Updates/Revisions/Marketing Information
8.1. Unless requested otherwise by You, the Licenser. and Supplier shall have the right to provide You with updates and revisions to the products, prices and services from time to time and information on products related to the products and services.
9. Language
9.1. This agreement and all documents relating to this agreement shall either be in English, or shall be accompanied by a certified translation into English by a translator acceptable to the Licenser. If there is a conflict between the English and other language versions of this agreement or any such document, the English version shall govern.
10. Contact
10.1 For information about eswayamvaram or this license agreement please contact Mr. Shree Kumar Balan Nair. Mobile: 98460 22448, 98952 40952.Telephone: 0484 2503558. e-mail: skintl@vsnl.com, skisolution@eswayamvaram.com,support@eswayamvaram.com
 
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