2. DEFINITIONS AND INTERPRETATION

·         “Agreement” means the terms and conditions as detailed herein including all Exhibits, privacy policy, other policies mentioned on the website and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.

·         “Elrica Global” means (“Elrica Global Enterprise Private Limited” or  “https://www.elricaglobal.in” or “Company”, or “REACH”)  is a online platform has been made available to integrate both buyers and sellers  (“users”) through our website as a digital channel to formulate a seamless functioning of optical business for the specific purpose of enabling users to Purchase & Sell original merchandise such as eyewear which includes both spectacles and contact lens ("Products & Services").

·         “Account” means the accounts created by the users at the time of registration and through which you can access the Products & services provided on the website.

·         “User/Visitor” means the individual who avails our services.

·         “Content” means text, graphics, images, music, audio, video, information or other materials.

·         “User Content” means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our website.

·         The official language of these terms shall be English.

·         The headings and sub-headings are merely for convenience purposes and shall not be used for interpretation.

3. USERS ELIGIBILITY

                 Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the website and shall not transact on or use the website. As a minor if you wish to use or transact on a website, such use or transaction may be made by your legal guardian or parents on the Website.  Elrica Global reserves the right to terminate your account and / or refuse to provide you with access to the Website if it is brought to ElricaGlobal’s notice or if it is discovered that you are under the age of 18 years. 

4. USER ACCOUNT & REGISTRATION

You may be required to register and set up an account (“Account”) for using the App by entering an email address and password or by using any permitted social media the App account to sign in ("Account Information"). Elrica Global as its sole discretion may ask for the verification of Your Account Information provided by You and hence, it is advisable to provide valid information e.g. like email address or mobile number etc. while creating an Account. The App will set-up an account and email the details of the Account at the email address provided.  You can create one Account only and it is not permitted to transfer or interchange such Account to any other person. The list of information required to be provided by You, the manner of usage, protection and confidentiality of Your information and Account information are more specifically dealt with under the App’s Privacy Policy and You are requested to read the Privacy Policy in detail before sharing Your information or creating an Account.

If You use this Website, you are solely responsible for maintaining the confidentiality of Your account and password(s) and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. If You register on the Website, You agree that any information You provide to Us will be true, currect, accurate and complete. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. We will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge. However, You could be held liable for losses incurred by Us or another party due to someone else using Your account and/or password either with or without Your knowledge. You agree to notify the Company immediately of any unauthorized use of Your account and/or password(s), or other breach of security.

You will be required to enter a valid phone number and email id while placing an order on the Website. By registering Your phone number and email id with Us, You consent to be contacted by Us via phone calls, SMS notifications, email notification, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We may use Your personal information to initiate any promotional phone calls or SMS.

5. WEBSITE CONTENT

Elrica Global owns the copyright to all the contents of this website, including images. All trademarks and other intellectual property are owned or licensed to us (unless otherwise specified).

You shall not copy, reproduce, distribute, republish, download, display, post or transmit any part of the website without the written consent from us. You may print or download any pages for your own personal and non-commercial use only. If you have any doubts about what you can do, please email us at reach@elricaglobal.in or call us on 8091213809, while our website is accurate as possible, we cannot accept responsibility for any inaccuracies or errors beyond our reasonable control. We cannot guarantee that colored images will be rendered correctly on different computer monitors.

6. DESCRIPTION OF SERVICE AND PRODUCTS

The Company provides an opportunity for You to purchase the Products from high end manufacturers. Upon placing order, the Company shall ship the Product to You and will be entitled to its payment for the Products and Services. All Products and information displayed on the Website or App constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as detailed in this Agreement. The Company may accept or reject Your offer in its sole discretion which cannot be contested by You. The Company, to the best of its knowledge, has displayed or attempts to display on the Website/s as accurately as is possible, colors of the Products that are displayed on the Website/s. However, the colors visible to You are solely dependent on Your monitor. Hence, no guarantee is provided by the Company regarding Your visibility of the colors on the Website.

The Company does not provide any warranty or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free. If a Product offered by the Website/s is not as described, Your sole remedy is to return it in unused, unsoiled and resale condition. The Company currently offers Eyewear through its website www.ericaglobal.in The Company offers a large selection of contact lenses and related products, along with information which will inform and guide You to make the Purchase. .

7. PAYMENT POLICY

Payment is an integral part of an online shopping experience. All payments shall be collected through secured payment options. We accept all prepaid payment options such as all the major Credit Cards, Debit Cards, Net-Banking etc. Elrica Global may also offer industry-leading solutions for Cash on Delivery.

All payments for purchases made by You on the App shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by Elrica Global, You will be sent a notification by email or SMS at the email address or mobile number provided to Elrica Global confirming receipt of payment. There may be limits to the amount of Cash on Delivery payments based on pin codes or the State in India where delivery is to be made. Elrica Global reserves the right to withdraw or block or limit Your purchases using Cash on Delivery basis transaction history.

Credit and Debit Card

Elrica Global accepts all Visa, Master Card, Maestro, American Express and Diners cards. You will be redirected to Your issuing bank's site, where You will have to follow the instruction to complete the payment.

Net Banking

You can make payment for an order by using Your Net Banking account. The App accepts payments for Your orders to sellers through various banks. You will be redirected to Your bank's site where You will be able to make payment after entering in Your login id and password that is known only to You.

EMI Payments

EMI is one of the payment methods available on Elrica Global for Your convenience which allows You to pay for Your orders easily. The equated monthly installments payment method is only available for customers using certain credit cards or debit cards as per the relevant terms and conditions being in force. Applicable charges/fees/costs, if any, levied by the Bank or payment gateway providers for facilitating EMI, shall be directly and solely borne by the Customer.  Elrica Global does not charge any processing or convenience fee for the said purpose.  Any dispute in this regard shall be directly dealt by the Customer with the Bank or payment gateway providers and Elrica Global shall not be held liable in any case, whatsoever.

Cash on Delivery

Cash on Delivery is one of the payment methods for making purchases on Elrica Global where You don't have to make any advance payment. Cash on Delivery is available as a payment method for all eligible products on Elrica Global. Eligible products will be indicated by the message [‘Eligible for Cash on Delivery’] on the [‘product order page’] for delivery in certain pin codes.

Issues with Payments - Pending Payments

Payments can sometimes fail or remain in the pending stage. Some of the reasons could be:

1. Incorrect debit or credit card details are entered.
2. Card may be blocked or card details are no longer valid or need to be updated.
3. The page is accidentally closed or refreshed or backspace is pressed while the transaction is being processed by Your bank.
4. The connection between Elrica Global and Your bank or issuer failed due to some technical reasons and the transaction could not be completed.
5. Card or bank or issuer is not recognised by Elrica Global.
6. Incorrect login or password details are entered.
7. Payment amount exceeds the limit mutually agreed to between You and Your bank or issuer.

If You face any of the above payment issues, try placing the order again in a short while or contact Your bank or issuer for technical assistance. Elrica Global is not liable for any loss or inconvenience caused to You when making payment or for any wrongful debits to Your cards or net banking accounts.

Buyers arrangement with issuing Bank

All Valid Credit / Debit / Cash Card / EMI and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank

Requirements of Permanent Account Number (PAN) & GST Registration Certificate

For all the purchase of an amount equal to or exceeding INR 2,00,000 (INR two lakhs only), You will be required to upload a copy of Your PAN card, within such time as may be prescribed from the date of purchase, failing which, the purchase made by You will be automatically cancelled. The order shall also stand cancelled if there is a discrepancy between Your name in Account with Elrica Global the name printed on the PAN card. Further, you have to provide your GST Registration Certificate wherever B2B Transactions are involved if any. The requirement to provide a copy of PAN card or GST Registration Certificate is a one time activity and You don’t need to submit it again.

12. THIRD PARTY WEBSITES

The App may contain links to other websites and the App is not in any way responsible for the terms of use or content of such websites and expressly disclaims all liability associated with the content and use of these websites. The linked websites are not under the control of Elrica Global and You are encouraged to read the terms of use and privacy policy of each and every linked website before accessing any of the third-party websites linked to the App and You acknowledge that any risk associated thereof while accessing and using such linked third-party websites solely lies with You and Elrica Global shall not be responsible in any manner whatsoever. 

13. INTELLECTUAL PROPERTY RIGHTS 

All content included on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Elrica Global, its affiliates, associates or its content suppliers and is protected by Indian/ International copyright, authors' rights and database right laws. The compilation of all content on the App is the exclusive property of Elrica Global, its affiliates, associates or its content suppliers and is protected by laws of Indian/ International copyright and database right laws. All software used on this App is the property of Elrica Global, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright authors rights and database laws.

Elrica Global grants You a limited licence to access and make personal use of this App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Elrica Global. This licence does not include any resale or commercial use of the contents of the App; any collection and use of any product listings, descriptions, or prices; any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another seller.

The trademarks, logos and service marks displayed on the Website or App ("Marks") are the properties of Elrica Global or its affiliates, associates or its content suppliers or users or respective third parties. Users are not permitted to use the Marks without the prior consent of Elrica Global, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.

Elrica Global owns all intellectual property rights to and into the trademark "Elrica Global,” and the App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

You agree not to use or apply for registration of any marks, or domain names which are similar to the marks or domain names used in connection with the App or owned by Elrica Global.

You shall not use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with  content or the intellectual property rights of the App or content suppliers or third parties in any mode medium or manner now known or developed in future without authorization from Elrica Global and on happening of any such event Elrica Global reserves the right to immediately discontinue the services to such User without prejudice ElricaGlobal’s right to initiate legal action in this regard. You are strictly prohibited from framing or use framing techniques to enclose any content or intellectual property on the website or App to illegally and unlawfully exploit the content or intellectual property rights owned by Elrica Global or content suppliers or third party as the case is.

Trademark Infringement Complaints

Elrica Global fully respects Intellectual Property (IP) Rights of the IP owners. In case You feel that Your Trademark has been infringed, you may write us at reach@elricaglobal.in with the subject line as “Trademark Infringement Complaint” with complete details viz. Your name and contact address, particulars of Your IP and products listed on App allegedly infringing Your IP,  

14.  FEE

Users can use and access the website or App free of charge. However, at any time in future, after duly notifying in advance, Elrica Global reserves its right to charge the users for the use of the website or App and provisioning of the services through the App as per applicable Indian law.

 15. EMAIL ABUSE & THREAT POLICY

Private communication, including email correspondence, is not regulated by Elrica Global. Elrica Global encourages its Users to be professional, courteous and respectful when communicating by email. However, Elrica Global will investigate and can take action on certain types of unwanted emails that violate Elrica Global policies.Such instances:

1.    Threats of Bodily Harm - Elrica Global does not permit Users to send explicit threats of bodily harm.

2.    Misuse of Elrica Global System - Elrica Global allows Users to facilitate transactions through the Elrica Global systems but will investigate any misuse of this service.

3.    Spoof (Fake) email - Elrica Global will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through the ‘Contact Us’ tab.

4.    Spam (Unsolicited Commercial email) - ElricaGlobal’s spam policy applies only to unsolicited commercial messages sent by Elrica Global Users. Elrica Global Users are not allowed to send spam messages to other Users.

5.    Offers to Buy or Sell Outside of Elrica Global - Elrica Global prohibits email offers to buy or sell listed products outside of the Elrica Global Website. Offers of this nature are a potential fraud risk for the users.

6.    Elrica Global policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

7.    Violations of this policy may result in a range of actions, including:Limits on account privileges, Account suspension

16.  LEGAL USES

Further, You agree and understand that Your right to access and use the Services offered on this Website is personal to You and is not transferable by You to any other person or entity. You understand that You are authorized to access and use the services only for legal and lawful purposes.

You further undertake and state that by using the services You are in no way impersonating or misrepresenting any person or entity. All services availed are for Yourself only. In the event You are representing individual/s, company/ies, third parties or any entities, You undertake and state that You are authorized to represent such individual/s, company/ies, third parties or any entities. You shall be solely responsible for the consequences arising out of such acts and the Company shall not be held responsible or liable in any way to any person or entity.

Any changes in Your registration information must be duly updated by You. Your access and use of this Website may be interrupted from time to time for any of the several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Website or other actions that the Website, in its sole discretion, may elect to take. We at the Company utilize our best efforts to provide the Services without any interruptions or hindrance, however, we do not warrant that the function, operation, security or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available will be free of viruses or other harmful elements. As a user of the Website, You agree that Your access will be subject to these terms and conditions and that access is undertaken at Your own risk. We shall not be liable for damages of any kind related to Your use of or inability to access the Website.

17. STORAGE, DELETION OR TRANSPORT OF DATA

The Company states that the data provided by You shall belong solely and exclusively to You. As such, You are permitted to remove or delete the data, so provided, either in full or any portion, at any point in time as You desire. The Company requests You to notify the Company of such removal or deletion. In the event, You desire the Company to remove or delete all or any portion of the data belonging to You, then, the same needs to be provided in writing to the Company. Upon receipt of such written request, the Company will do the needful forthwith and notify You of the same. The Company will not retain any copies of such data on its server or in any other place.

In this regard, the Company warrants that it cannot access such deleted material at any point in time. Any contact, information or access that the Company had towards such data or material or accounts will cease forthwith. However, certain portions of Your data, which the Company had maintained on its servers may remain either in backups or in transaction logs. These are maintained only for the specific purpose of backup or to provide Services to You in the event of any malfunction or damage to our server in order to ensure continuity of our service without disruption.

18.  COMMUNICATION

The Company may send you communication, notices or alerts from time to time. These alerts and communication will be sent automatically by the Company to You. Please be informed that you have agreed to receive any type of communication including but not limited to emails, SMS, phone calls or any other mode of communication from us that is transactional, promotional & informational in nature. In case You have suppressed the receipt or disabled or marked alerts or communication in general to be junked, the Company recommends You to revise the same and activate the receipt of alerts to Your proper destination. As such any communication from our end will be related to the Services and not any marketing or spam mails.

Changes to Your email address will apply to all of Your alerts. Any email which is sent by the Company or through any of the websites mentioned above, its contents and attachments, if any, are intended solely for the attention of the addressee/s and may also be privileged. If You are not the addressee You may not copy, forward, disclose any part of any message received or its attachments and if You receive a message in error, please delete the said message from Your system and notify us immediately.

You agree and acknowledge that internet communications cannot be guaranteed to be secure or error free. Any information sent via the internet could be intercepted, corrupted, lost or contain viruses. The Company and the Website therefore does not accept responsibility for any errors or omissions in messages received by You which may arise as a result of internet transmission.

19.  RIGHTS GRANTED BY YOU

As the provision of Services includes You providing us with information, data, passwords, usernames, personal identification numbers and other materials and contents, suggestions, ideas, feedback, etc., You are hereby expressly granting us the license and right to utilize the same for and on Your behalf in order to provide the Services. 

The Company may or will use such information with the sole purpose for providing You the required Services and not for any other purpose. As such, You hereby warrant and represent that You are duly authorized to submit or represent the third party on behalf of whom You are providing these information to the Company. Further, You acknowledge and agree that these materials, suggestions, feedback and information can be utilized without any obligation or restriction on the Company in terms of payment of fee or any other limitations for marketing, promoting, advertising or other purposes.

By using the Service, you expressly authorize the Company to access Your accounts maintained by identified third parties, on Your behalf as Your agent. When You use the specified feature of another additional account of the Service, you will be directly connected to the website for the third party You have identified. The Company will submit information including usernames and passwords that You provide to log you into the site. You hereby authorize and permit the Company to use information submitted by You to the Service (such as account passwords and usernames) to accomplish the foregoing and to configure the Service so that it is compatible with the third-party sites for which You submit Your information.

20.  YOUR POSTINGS ON WEBSITE

We, as part of our Service, encourage and permit You to post Your messages or content on any publicly available forums, blogs and other locations on the Website. By using or posting messages or data or any other information on such forums, blogs and other public locations, you expressly agree that You and only You, are responsible for all the matters contained in such content. You further, represent and warrant to us that You have all the necessary rights to post such messages or information or content and grant us a perpetual, worldwide, royalty free, non-exclusive, transferable and sub licensable right to use, reproduce, distribute, display, modify, amend, perform, etc of such content or information to promote, modify or redistribute this Website, including preparation of any derivative works thereof, in any form and through any medium without any restrictions thereof. You expressly agree that all the rights granted under this paragraph will also be available to each and every user of this Website.

Further, if You intend to use a forum, a blog or any other feature available on this Website, then, You should make an independent and informed choice about submitting Your personal identifiable information. All personally identifiable information submitted on such forums, blogs or community features can be read, collected or used by any third party. There is a danger of such information being misused or misappropriated. We do not have control over such actions and we are not responsible or liable for the personally identifiable information that You as a user have chosen to submit on a public platform. In case of any violation of this condition, then, the Company reserves the right to forthwith stop your participation on such public forums.

21.  SECURITY AND PRIVACY

The Company knows that You care how information about You is used and shared, and we appreciate Your trust that we will do so carefully and sensibly. We let You retain as much control as possible over Your personal information. However, you may not visit and use our site at any time without telling us who You are or revealing the required information about Yourself. To the Company, our most important asset is our relationship with You. We are committed to maintaining the confidentiality, integrity and security of any personal information about our users. We are proud of our privacy practices and the strength of our site security and want you to know how we protect Your information and use it to provide to You the services. This notice describes our privacy policy. By visiting this Website, you are accepting the practices described in this Privacy Policy.

a.            Information You Give Us: We receive any information You enter on our Website or give us in any other way. However, we do not store any personal sensitive information on our server. They remain with You on Your system. You can choose not to provide certain information, but then You might not be able to take advantage of many of our features. We use the information that You Provide for such purposes as responding to your requests, customizing future commercial transactions, improving our database, and communicating with You and utilizing/exploiting/disclosing, without prejudice to any of Your other rights, the same for any other, whether commercial or non-commercial purpose which the Company in its sole discretion considers necessary for its business purposes or otherwise. You can add or update certain information. When You update information, we usually keep a copy of the prior version for our records.

b.            Automatic Information: We receive and store certain types of information whenever You interact with us. Our server logs Your activities for various diagnostic and analytical purposes. However, other than the IP address of Your machine from where You are accessing the Service, there is no other personal information maintained by the Company in the logs.

c.            E-mail Communications: To help us make emails more useful and interesting, we may request to receive a confirmation when Your open email from Your end if Your computer supports such capabilities.

d.            Sharing of Information Received by the Company: You can tell when another business is involved in Your transactions, and we share, use or, disclose customer information related to those transactions with that business.

e.            Business Transfers: As we continue to develop our business, we might be acquired completely or merge with any other Company. In such transactions, customer information generally is one of the transferred business assets. In such a case, we will intimate to You of the same and ensure the protection of Your information as per these policies and guidelines.

f.             Protection of the Company and Others: We release accounts and other personal information when we believe release is appropriate to comply with law; enforce or apply our Terms and Conditions and other agreements; or protect the rights, property, or safety of Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and other similar matters.

 22.  SECURITY OF INFORMATION

We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information You input. We constantly re-evaluate our privacy and security policies and adapt them as necessary to deal with new challenges. We do not and will not sell or rent Your personal information to anyone, for any reason, at any time, unless it is in 

i.                in response to a valid legal request by a law enforcement officer or government agency or 

ii.                when You have explicitly or implicitly given Your consent, or 

iii.                utilize the same for some statistical or other representation without disclosing personal data.

We only reveal those numbers of Your account as required to enable us to access and provide You the required services relating to Your accounts. We make every effort to allow You to retain the anonymity of Your personal identity and You are free to choose a Login ID email address and password that keeps Your personal identity anonymous. Access to Your Registration Information and Your personal financial data is strictly restricted to those of our Company employees and contractors, strictly on a need to know basis, in order to operate, develop or improve the Service. These employees or contractors may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. With the exception of a Login ID in the form of an email address, which may be provided on an anonymous basis, and Your Third-Party Account Information, which is required for providing the services, the Company does not require any information from You that might constitute personally identifiable information.

It is important for You to protect against unauthorized access to Your password and to Your computer. Be sure to sign off when finished using a shared computer. As described in this Agreement and with Your consent, the Company will from time to time connect electronically to Your online bank, credit card and other online financial accounts to process Your Order. 

24.  LIMITATION OF LIABILITY

THE COMPANY SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, OR LOSS OF SAVINGS, OR ANY OTHER DAMAGES ARISING - IN ANY WAY, SHAPE OR FORM - OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO UTILIZE THE SERVICE ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THIS WEBSITE, YOUR USE OF THE SERVICE, YOUR PURCHASE OF PRODUCTS THROUGH THE WEBSITE OR THIS AGREEMENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

25.  INDEMNITY BY YOU

You shall defend, indemnify and hold harmless the Company and its officers, directors, shareholders, and employees, from and against all loss, damages, claims and expenses, including but not limited to attorney’s fees, in whole or in part arising out of or attributable to any breach of this Agreement by You, any misrepresentation or misuse of the Service offered to You or any negligent or unreasonable or inappropriate use of the Website or the Services.

26.  TERMINATION

This Agreement to be applicable and shall be binding on the parties, i.e., You and the Company, unless terminated as specified below:

a.            by You, by providing a written notice of at least 3 (three) business days;

b.            closure of Your account by the Company or You for any reason immediately;

c.            The Company may terminate this Agreement and close Your account if it comes to the knowledge of the Company that You have breached any of these terms and conditions, whether intentionally or by implication;

d.            The Company may terminate the Agreement, it is so required to be one by an express direction of law

All termination notices have to be forwarded to No. 01, 1st Floor, Vinayak Smruti, Gokhale Road, Naupada Thane (West) Thane Thane 400602

The Company hereby expressly states that this Service (including, without limitation, the underlying network, system, software, servers, various directories and listings, various message and news and bulletin boards, blogs, tools, information and databases) is intended for End Users who are legally permitted to enter into a contract. This Service is not intended for the use of minors or people who are not permitted to enter into a valid and binding contract. In the event if it comes to the attention of the Company, from authentic and valid resources, that a particular End User does not meet this criteria, then, the Company will forthwith close the account of the said End User and will delete all information and content which is relating to that End User without any obligation or liability towards such End User from the Company’s records.

27.  JURISDICTION

The Company controls and operates this Website or App from its registered office in Mumbai, India, and makes no representation that these materials are appropriate or available for use in other locations. If You use this Website or App from other locations, You are responsible for compliance with applicable local laws. This Agreement shall be treated as though it were executed and performed in Mumbai, India and shall be governed by and construed in accordance with the local domestic laws of India (without regard to conflict of law principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Mumbai, India. All disputes that may arise shall be resolved in accordance with rules specified under the Indian Arbitration and Conciliation Act, 1996 and venue for arbitration shall be Mumbai. The courts in Mumbai shall have the sole jurisdiction regarding the subject matter of this Agreement.

28.  FORCE MAJEURE 

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:(a) acts of god;(b) natural disasters;(c) sabotage;(d) accident;(e) riot;(f) shortage of supplies, equipment, and materials;(g) strikes and lockouts;(h) civil unrest;(i) Computer hacking; or(j) malicious damage.

29.  GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there Under, the name and contact details of the Grievance Officer are provided below:

Company Name: Elrica Global Services Private Limited

Company Address: 102-103, 1st Floor, Vinayak Smruti, 

Gokhale Road, Naupada, Thane West, 

Thane - 400602 Maharashtra

Email Id: reach@elricaglobal.in, 

30.  MISCELLANEOUS

a.            The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.

b.            Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect without being impaired or invalidated in any way.

c.            To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.

d.            Failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

e.            This Agreement may only be amended by either the same electronic means as were used to enter into this Agreement or in a writing that specifically refers to this Agreement, executed by both parties hereto.

f.             Elrica Global Enterprises Private Limited. sells products under various brands & sub-brands through this website or app.

.

31.   ENTIRE AGREEMENT

These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.

32.  CONTACT US

For any further clarification of our Terms and Conditions, please write to us at reach@elricaglobal.in.