Disclaimer


This App is created and controlled by Ecdial. The Ecdial reserves the right to make changes to the App and the terms, conditions and disclaimers at any time and without any prior information provided to the customers/users of the services/App of  Ecdial.

Buyers are hereby informed that the company has neither appointed anyone as their agents for selling any products on their behalf nor their employees are authorized to sell the products on platforms other than app and Ecdial Stores. Fraudsters may lure buyers with products on much lesser price and / or hefty cashback schemes quoting Ecdial. Buyers are advised not to click on any links or pay through such links, which are not initiated by the buyer himself/herself. Buyers may please take a note that if any buyer makes payment to third parties or for transactions initiated by third parties or against links shared by third parties claiming to act on behalf of Ecdial, Company shall not be liable and responsible for the same. In case of any doubts or third party contacting as Ecdial agent/employee, buyer is requested to contact Ecdial Customer Care 8428118111.

You, being a User of the App expressly agree that the use of the App is at Your sole risk. The App and the contents uploaded or provide or shared by other users are made available to the User through the App on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose or the legality of the products listed or displayed or transacted to the extent permitted by applicable Indian law and Ecdial does not accept any liability for any errors or omissions.

  Ecdial shall not be liable or responsible for any actions or inactions of sellers or any breach of conditions, representations or warranties by the sellers or manufacturers of the products and expressly disclaims any and all responsibility and liability in that regard. Ecdial shall not mediate or resolve any dispute or disagreement between the User and the sellers or manufacturers of the products.

  Ecdial through the App only provides a platform that users utilize to communicate and transact with one another and Ecdial does not endorse any products displayed on the App or views expressed or information uploaded by any User. In no event Ecdial shall be liable for any information, content, materials, products or services available through the App.

  The right, title, interest and ownership in the products that are transacted by the users through the App does not vest with Ecdial and Ecdial holds no right, title or ownership over such products. The offer and acceptance of products through the App is at the User’s sole risk and Ecdial accepts no liability for any errors or omissions or defaults or deficiency of any products either offered or acceptance by the users through the App.

  Ecdial hereby disclaims any guarantees of exactness as to the finish and appearance of the product as ordered by and delivered to the User. The quality or quantity of any products, information or other material purchased or obtained by You through the App that may not meet Your expectations.

The App could also be linked to third party websites and Ecdial assumes no responsibility for results obtained from the use of these websites.


  Ecdial makes no assurances that the App is bug free and User friendly or the safety of the use of the App. Ecdial including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by You on account of virus attacks or bugs or other software or programmes that may be present or embedded while using or accessing the App.  

Ecdial does not guarantee that the services provided through the App will function without interruption or errors. The operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. App disclaims all liability for losses or damages caused by any such interruption or errors in functioning. Ecdial also disclaims all liability for any malfunctioning impossibility of access or poor use conditions of the App due to inappropriate equipment, disturbances related to internet services, down time or otherwise.

  To the maximum extent permitted by applicable law, Ecdial will have no liability related to User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Ecdial also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.When the User deletes any kind of information the User must understand that the removed content may continue in backup copies.

  Ecdial will not be liable for any loss that You may incur as a consequence of unauthorized use of the Account or any service or materials, either with or without Your knowledge.  Ecdial shall not be liable for any third-party product, the advertisement available on e-mail or App with respect to the third-party website or the products and services are for information purpose only.


USE OF CONTENT

You grant Ecdial and its affiliates and associates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub-licensable rights in any content that is posted by You or material submitted by You, to use, reproduce, publish, distribute and display such content throughout the world in any mode medium or manner now known or developed in future; and the right to use Your name in connection with such content.

You agree that the rights granted as above are irrevocable during the entire period of protection of the User’s intellectual property rights associated with such content and material. The User agrees to waive the User’s right to be identified as the author of such content and materials and the User’s right to object to derogatory treatment of such content or material. The User agrees to perform all further acts and execute deeds and documents necessary to perfect the above rights granted by the User to Ecdial.

The User represents and warrants that the User owns or otherwise controls all of the rights to the content and material that the User posts or that the User otherwise provides on or through the App; that, as at the date that the content or material is submitted to the App: (i) the content and material is accurate; (ii) use of the content and material does not breach any applicable Indian law or the App’s policies or guidelines or Additional Terms (iii) the content and material do not breach these Terms and Privacy Policy.




THIRD PARTY WEBSITES

The App may contain links to other websites and the App are 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 Ecdial 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 Ecdial shall not be responsible in any manner whatsoever. 


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 Ecdial, 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 Ecdial, 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 Ecdial, its affiliates, associates or its software suppliers and is protected by laws of India and international copyright authors rights and database laws.

Ecdial 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 Ecdial. 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 App ("Marks") are the properties of Ecdial 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 Ecdial, its affiliates, associates or its content suppliers or users or the third party that may own the Marks.

Ecdial owns all intellectual property rights to and into the trademark "Ecdial,” 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 Ecdial.

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 Ecdial and on happening of any such event Ecdial reserves the right to immediately discontinue the App services to such User without prejudice Ecdial 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 App to illegally and unlawfully exploit the content or intellectual property rights owned by Ecdial or content suppliers or third party as the case is.


Trademark Infringement Complaints

Ecdial 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 [email protected] 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.  


LIMITATION OF LIABILITY

In no event Ecdial including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall be liable for any loss or damage whatsoever including without limitation direct, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from the use or inability to use the App whether based on warranty, contract, tort (including negligence) or in any other means or action.

You acknowledge that Ecdial is only an Intermediary as per definition under the Information Technology Act, 2000 and rules framed thereunder, between You and the seller and Ecdial will not be held liable for any act of seller or other third party service provider.


INDEMNITY

 You  agree to indemnify and hold harmless Ecdial including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners from and against all actions, proceedings, claims, losses, damages and costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any applicable law (ii) breach of any representations, warranties or covenants of the User (iii) breach of the policies, guidelines and conditions of Ecdial service or Additional Terms or theseTerms or Privacy Policy (including any modifications or additional notifications or instructions); (iv) infringement of any third party rights. This Clause survives the termination of these Terms.


 TERMINATION

Ecdial reserves the right to terminate the services provided to any User without prior notice in the event of any default committed by User including but not limited to the breach of any applicable law, policies, guidelines and conditions of Ecdial’s service or Additional Terms or these Terms or the Privacy Policy (including any modifications or additional notifications or instructions).  On such termination, the User’s information and other details shall be black listed by the App and shall be taken into consideration whenever necessary.

Ecdial will terminate the services provided to any User if it is required under any applicable law.  Without prejudice, Ecdial reserves its right to terminate the services if such provision of services to the users is not economically viable for Ecdial. Users may choose to discontinue availing services and facilities provided through the App by closing the User account with the App.

On termination of the User account, the User is not eligible to purchase or sell products through the App. Once the User’s account is terminated for any reason whatsoever, the contents, reviews, comments or other material posted on the App by the User shall be removed by Ecdial. 

Post termination of the services provided to the User through the App, the User’s personal information would reside in the App’s database for a certain period of time. It is also clarified that certain terms and conditions of the policies, guidelines and conditions of Ecdial’s service or Additional Terms or these Terms and the Privacy Policy continue to be binding on the User and if any User by default or otherwise is found using or dealing with the App post termination of the service provided through the App, the User shall be prosecuted by Ecdial. The User shall be also liable to compensate Ecdial for any unauthorized use of the App.


 

MISCELLANEOUS


  Location Based Services : With your location permission, our App/website use information from Global Positioning System (GPS) networks, cellular, Wi-Fi or Bluetooth to determine your approximate location to provide you location based Services. We won't follow you all the time, but can help you find the nearest Ecdial partner/Brand  store with Brand News, offers and/or other information based on your profile/liking when you need one.

Severability: Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

Captions: Various captions used in these Terms are for convenience purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

Partial Invalidity: If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future applicable Indian law, (i) such provision will be fully severable; (ii) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (iii) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (iv) in lieu of such illegal, invalid, or unenforceable provision, there will be added by Ecdial a legal, valid, and enforceable provision to the extent possible.


Notices: For purposes of service messages and notices about the services to User, the App may place a banner notice across its pages to alert the User to certain changes such as modifications to these Terms. Alternatively, notice may consist of an email from the App to the User. The User agrees that the App may communicate with User through the User’s account or through other means including email or mobile. Users are required to update their settings regularly to ensure that the App’s service messages and notices are received by the users timely and accurately.

Assignment: The User shall not assign its rights or obligations under these Terms and the Privacy Policy to a third party.

Ecdial including affiliates, associates and their respective owners, directors, officers, agents, shareholders and partners shall have no liability for the non-receipt of the App’s service messages and notices.



 GRIEVANCE

In case of any complaints or grievances, the user may contact the Grievance Officer as under User will be contacted within 48 working hours for redressal.

Call Us @8428118111 

Write Us @ [email protected]