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Terms and Conditions
 
On using this website (“Website” or “Site”) you are deemed to have read and agreed to the terms of use (“Terms”) contained herein and any amendments, modifications or changes made from time to time. You may not use the services, if you do not agree to the Terms.
1. SERVICE
1.1. This Website is created and controlled by Eco Estates. Eco Estates owns and controls following domain name: www.Ecovillages.in, among others.
1.2. By accessing, browsing, submitting information, participating in Site offerings, or otherwise using this Website or services through your end user account/ID, you confirm and acknowledge that you are of legal age to enter into binding contracts and have full power, capacity and authority to accept these Terms, and after having read and understood these Terms, you agree to be bound by them and to comply with all applicable laws and regulations, regardless of how you subscribe to or use the services. If you do not wish to agree to these Terms, or you do not wish to agree to any additional / modified Terms, then, You must not subscribe to or use our services and refrain from using the Site. If you are accepting on behalf of any third party, you represent that you have full legal authority to bind such third partyto these Terms. If you don't have the legal authority to be bound by these Terms and conditions, you shall forthwith withdraw your access to the Website and rescind this agreement. Only duly authorized person from your entity shall consent to and accept these Terms.
1.3. Ecovillages may, at its discretion, modify and / or add additional terms and conditions from time to time keeping in view the evolving business and trade practices, business requirements of Ecovillages, changes in law, changes in industry and trade practices and for such other reasons as it may deem fit and proper. Any such additions / modifications shall become part of the Terms enforceable between the parties hereto and you agree to be bound by such additional / modified Terms. It is deemed and you agree that you accept all such changes and agree to be bound by the same. Unless otherwise agreed in writing with Ecovillages, these Terms shall govern your use of our services.
1.4. You agree that in case of doubt as regards the interpretation or intent of any of the provision of these Terms, you will not presume but seek clarification/confirmation from Ecovillages and shall abide by the response/information provided by Ecovillages. In the event of any dispute, doubt or divergence of opinion regarding any provision of the Terms, the decision of Ecovillages shall be final and prevail.
1.5.In these Terms, references to “you”, “your”, “user” shall mean the end user accessing the website, its contents and using the services offered through the Website; and “we”, “us” and “our” shall mean Peoplecart Private Limited and its affiliates.
1.6. You and Ecovillages may be referred to throughout these Terms individually as a “Party” and collectively as the “Parties”.
2. PERMITTED USES
2.1. All materials appearing on this Site, including Site design, text, graphics, icons interfaces, and the selection, assembly and arrangements are owned or licensed by Ecovillages. Users are not permitted to use web crawlers or other types of software or hardware technology to automatically download large amounts of materials from the Ecovillages Site. Elements of the Website are also protected by trademark, copyright, trade dress and other laws and may not be imitated in whole or in part on other web sites.
2.2. Ecovillages believes that some of the information on this Website as well as underlying business model has high commercial value and any use of the same or replication of the same without consulting us and without our prior consent shall be treated as loss of business for us and accordingly recovered from you, in case you use the Website for pursuing your own business/commercial interests. User shall not use or reproduce any content obtained from the services offered on the Website for or in connection with any other listing service or device.
2.3. No content from this Site may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Ecovillages. Post such permission, you may copy material in limited quantities from this Website for your personal noncommercial use provided that our copyright notice is affixed to the copied material. Any other use of materials on this Site, including but not limited to, reproduction for purposes other than those noted on our Site, modification, transmission, display, distribution or republication, without the prior written permission of Ecovillages is strictly prohibited.
2.4. If you are not authorized to use this Site, but have obtained access to information on this Site, you agree to immediately terminate such access and inform us.
3. INTELLECTUAL PROPERTY (“IP”) RIGHTS
3.1. Ecovillages IP: Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, you acknowledges that Ecovillages owns all right, title, and interest, including all intellectual property rights, in the Ecovillages Website, trade name, logos, trademarks, and service marks, and any content, data, software, technology, tools, or business methods used by it to develop, promote, market, sell, generate, or distribute offers, products and services and otherwise perform under these Terms (collectively the “Ecovillages IP ”).Except as expressly set forth in these Terms, you have no right, license, title or interest in or to any Ecovillages IP, and shall not use, distribute, transfer, copy, download, display, modify, perform or create derivative works of the Ecovillages IP without the express written consent of Ecovillages. You shall not translate, reverse engineer, decompile or disassemble the Ecovillages IP. Ecovillages has the right to revoke the rights set forth in this Section, without assigning any reason or notifying you. All rights not specifically granted herein are reserved. Unauthorized use of the contents appearing on this Site may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
3.2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using the Website or any service thereof, including any text, data, information, Images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various service (“User Content”). However, when you upload and/or post any content on the Website for public viewing and reproduction/use of your content by third party users, you hereby accept to grant a worldwide, royalty free and non-exclusive license for the use of the same by Ecovillages and other users. Ecovillages treats User Content as non-confidential and non-proprietary matter and can use it for all lawful purposes, without disclosing the identity of the user, unless required by law to do so.
3.3. This Site may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not use, post, upload or display any objectionable content (including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities) or Images or content or obscene communications or material of any kind, or materials which infringe or violate any third party’s intellectual property, privacy or celebrity rights of any person or entity or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. You agree to hold harmless Ecovillages or its affiliates from all claims from third parties based upon communications made or materials posted by you or upon your use of this Site.
4. LINKS TO THIRD PARTY SITES
4.1. This website may contain links to other sites or automatically produce search results that refer or link to other sites. Clicking on such a link to a third party site will cause you to leave Ecovillages Site. Ecovillages does not control or endorse the linked third party sites and are not responsible for the contents of any linked third party site, any link contained in a linked third party site, or any changes or updates to such third party sites. Ecovillages does not guarantee, represent or warrant that the content of these sites is accurate, legal, inoffensive, or free from viruses or other features that may adversely affect your computer. These links are provided to you only as a convenience and are governed by terms and conditions of the particular third party site to which you are linked. By using Ecovillages Website to search for or link to another site, you do so at your own risk and agree and understand that you may not make any claim against us for any resulting damages or losses.
5. ANTI SPAM
5.1. Ecovillages has a zero tolerance spam policy. We provide a facility that enables users to send [email messages / private messages] to others. Users must not use this facility to send unsolicited, bulk or indiscriminate messages, whether or not for commercial purposes. Violations of these Terms or this spam policy may result in legal action against you and the termination, without notice, of your Ecovillages end user account/ID and/or anything associated with it, including, but not limited to your earnings and network.
5.2. Users may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”.
6. INDEMNITY
6.1. You agree to hold harmless and indemnify Ecovillages, and its subsidiaries, affiliates, officers, agents, and people in your Society/Organization, advertisers or partners, from and against any third party claim arising from or in any way related to your use of Ecovillages services, violation of these Terms or any other actions connected with use of Ecovillages services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Ecovillages will provide you with written notice of such claim, suit or action.
7. DISCLAIMER OF WARRANTIES
7.1. You expressly understand and agree that:
a) Your use of Ecovillages Site or services provided thereof is at your sole risk.
b) Ecovillages services are provided on an “as is” and “as available” basis.
c) Ecovillages expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
7.2. Ecovillages makes no warranty that (i) Ecovillages services will meet your requirements, (ii) Ecovillages services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of Ecovillages Site will be accurate or reliable, (iv) the quality of any products, services, information, or other material available on the Website or purchased or obtained by you through Ecovillages services will meet your expectations, and (v) any errors in the content or material will be corrected.
7.3. Any material downloaded or otherwise obtained through the use of Ecovillages services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
7.4. No advice or information, whether oral or written, obtained by you from Ecovillages or through or from Ecovillages services shall create any warranty not expressly stated in the Terms.
8. LIMITATION OF LIABILITY
8.1. You expressly understand and agree that Ecovillages shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the services; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or service. Ecovillages shall not be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Ecovillages shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due to technical reasons or for any reason beyond Ecovillages control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
8.2. We shall not be liable for any default or delay in the performance of our obligations under these Terms due to acts of God, terrorism, natural disasters, earthquakes, fire, riots, floods, explosions, strikes, lock-outs and other industrial disputes, breakdown of systems or network access and other similar events, to the extent such event is beyond our reasonable control and only for the duration of such event.
9. PRIVACY POLICY & CONDUCT
9.1. Ecovillages is committed to ensuring that your privacy is protected. Should we ask you to provide certain information that can identify you when using this Website, you can be assured that it will only be used in accordance with this privacy policy.
9.2. Subject to applicable laws and in accordance with Ecovillages policies and procedures, Ecovillages shall provide your account information to its merchants/retail partners or other third parties solely to the extent necessary for them to redeem and/or verify and deliver the orders placed by you or to provide you services on or through the Website.
9.3. By using this Site and/or services offered by Ecovillages, you acknowledge and agree that Ecovillages may access, preserve, and disclose your personal information and any content associated with that account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to support requests, or (e) protect the rights, property or safety of Ecovillages, its users, partners, and the public. Ecovillages will not be responsible or liable for the exercise or non-exercise of its rights under these Terms.
9.4. You understand that the technical processing and transmission of Ecovillages services, including your data or content, may involve (a) transmissions over various networks, national and international; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9.5. IP addresses and cookies: We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our business partners. This is statistical data about our user's browsing actions and patterns, and does not identify any individual.
For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. Cookies help us to improve our Site and to deliver a better and more personalized service. They enable us:
a) to estimate our audience size and usage pattern;
b) to store information about your preferences, and so allow us to customize our Site according to your individual interests;
c) to speed up your searches; and
d) to recognize you when you return to our Site.
You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting (disabling cookies) you may be unable to access certain parts of our Site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you log on to our Site.
9.6. Conduct: You agree that you (a) are responsible for your own actions, conduct, communications or content while using Ecovillages Website, and for any consequences thereof, and (b) will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Site. You agree to use Ecovillages services only for purposes that are legal, proper and in accordance with these Terms and any applicable policies or guidelines. By way of example, and not as a limitation, you agree that when using Ecovillages services, you will not:
a) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
b)host, display, upload, modify, publish, post, share, email or transmit or otherwise make available:
i. any content that belongs to another person and to which the user does not have any right;
ii. any content that infringes any patent, trademark, copyright, trade secret or other proprietary right of any entity, unless you are the owner of such rights or have the permission of the owner to post such content;
iii. messages that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law, these Terms or any applicable policies or guidelines;
iv. any content that is grossly harmful, inappropriate, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, infringing, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
v. any content that harms minors in any way;
vi. any content that deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. any content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation;
c) download any file posted by another that you know, or reasonably should know, that cannot be legally distributed in such manner;
d) impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material;
e) restrict or inhibit any other user from using and enjoying Ecovillages services;
f) use Ecovillages services for any illegal or unauthorized purpose;
g) remove any copyright, trademark or other proprietary rights notices contained in or on Ecovillages Website or services provided thereof;
h) interfere with or disrupt Ecovillages services or servers or networks connected to Ecovillages services, or disobey any requirements, procedures, policies or regulations of networks connected to Ecovillages services;
i) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of Ecovillages services or collect information about users for any unauthorized purpose;
j) submit content that falsely expresses or implies that such content is sponsored or endorsed by Ecovillages;
k) create accounts by automated means or under false or fraudulent pretences;
l) attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Ecovillages server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means;
m) promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
n) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature.
n) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature. While Ecovillages prohibits such conduct and content in connection with Ecovillages website or services provided thereof, you understand and agree that Ecovillages may or may not pre-screen content and shall have the right (but not the obligation) in its sole discretion to pre-screen, refuse or remove any content submitted to user account/ID.
9.7. We reserve the following rights:
a) To block, suspend or terminate your access to this Site at any time without giving notice or a reason for such suspension or termination, for breach of these Terms or if we have reason to believe that the security of the Site has been compromised or is otherwise threatened.
b) To amend, change, modify, alter or discontinue all or any portion of this Site or any function made available at any time without prior notice;
c) To correct any errors, inaccuracies or omissions that may have occurred and to change or update the content at any time, without prior notice.
9.8. Email and/ or SMS:
a) You hereby permit Ecovillages to send you communications, whether or not you have registered your details with the Do-Not-Disturb Registry, via email and/or SMS
i. of any updates, upgrades, notices, or any other information that Ecovillages deems important for its users to know, relating to its products and/or services, and
ii. other appropriate and/or contextual promotional email and/or SMS related to transactions and/ or based on the user demographics, traffic usage, etc.
b) Further, Ecovillages shall not be liable for any loss, damage or liability you shall suffer, on receipt of such email and/ or SMS, including but not limited to, due to error in transmission, virus, worm, malware, trojan, harmful components, etc.
10. MISCELLANEOUS
10.1. Entire Agreement: These Terms constitute the entire agreement between you and Ecovillages and govern your use of Website and/or services offered by Ecovillages and supersede any prior agreements between you and Ecovillages in this regard. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Ecovillages services, affiliate services or third-party content, product or services. Nothing said by any sales person or any other person on our behalf should be understood as variation of these terms and conditions or as an authorized representation about the nature or quality of any products/ services offered for sale on our Website. We shall have no liability for any such representation being untrue or misleading.
10.2. Assignment: You may not assign or transfer any of your rights, or delegate any of your obligations, under these Terms without obtaining Ecovillages prior written consent. Any attempt to do so shall be void and unenforceable.
10.3. Relationship of the Parties: The Parties are independent contractors. Nothing in these Terms shall be deemed or construed by the Parties hereto, nor by any third party, as creating a joint venture, partnership, franchise, or an agency relationship between the Parties. Neither Party has the authority, without the other Party's prior written approval, to bind or to make any commitment for and/or on behalf of other Party in any way.
10.4. Notices: All notices, demands or communications under these Terms shall be in writing and shall be personally delivered or sent by certified mail, return receipt required and postage prepaid to us at Eco Estates, Address: First Floor ,Sree Nivas,Plot no.258, Road No.72,Prasashan Nagar,Jubilee Hills,Hyderabad -5000033, Ph: 040-64544458 , E-Mail ID: contactus@ecovillages.in,Website : https://www.ecovillages.in. Notwithstanding the foregoing, Ecovillages may give notice to the user by sending an email to any of the email addresses registered with Ecovillages.
10.5. No Third Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third party beneficiaries to these Terms.
10.6. Choice of Law and Forum: These Terms and the relationship between the Parties shall be governed by and construed in accordance with the laws of India without regard to its conflict of law provisions. Parties agree to submit to the personal and exclusive jurisdiction of the courts in Hyderabad.
10.7. Waiver and Severability of Terms: The failure of Ecovillages to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
10.8. The Section headings in the Terms are for convenience only and have no legal or contractual effect. In these Terms, unless the context otherwise requires, the singular includes the plural and vice versa.
11. CONTACT US
11.1. If there are any questions regarding this Terms & Conditions of use of this website and its services, you may contact us at the coordinates below:
Eco Estates/ Eco Villages.
First Floor, Sree Nivas, Plot no.258,
Road No.78, Prasashan Nagar ,
Jubilee Hills, Hyderabad -500033
Ph: 040-64544458 , E-Mail ID: contactus@ecovillages.in
Website : www.Ecovillages.in
©2013 Eco Estates. All rights reserved.