Term Conditions Page

Vernik eshop

End-Users website- Terms of Use

Last revised on: 25- August - 2022

The following are the terms & conditions (“Terms”) for accessing and using Our website https://vernikecom.shop/ (“Website”) to purchase/place order towards a wide range of retailed products and Our proprietary brands(“Products”), avail our delivery services, and avail any other Services that We may offer from time to time on Our Website (Collectively “Services”).

Vernik eshop . (“We”, “Us”, “Our” or “Vernik eshop ”, which includes its successors or assigns) owns and operates the Website and offers the Services to its users (“User” “You” “Your”).

Please note that “We”, “Us”, “Our”, “User”, “You”, “Your” are not case-sensitive and even when not capitalized shall have the meanings attributed above.

In order to access the Services, You must register to create an Account (defined below). Prospective Users of the Website must provide (a) first and last name, (b) a valid email address, (c) valid delivery/residential address,(c) valid date of birth, (d) sex, (e) marital status and (f) anniversary date, if applicable (collectively referred as “Account Information”). Once You have provided Your complete and accurate information, We will generate an Account and a password for further use and access to Our Website and/or Services.

You must understand that your submission of Your Account Information to create an Account (defined below) on Our Website and/or to access, subscribe or avail the Services on our Website, is governed by these Terms read along with Our Privacy Policy, and all applicable Laws (defined below).

To create an Account on our Website, You should accept the Terms and Privacy Policy contained herein, and Your acceptance of the Terms and Privacy Policy shall create a legally binding agreement between You and Vernik eshop for availing any Services on Our Website or shopping on Our Website.

1. DEFINITIONS

1. “Account” shall mean an account with Your Account Information that You create on Our Website to purchase Our Store Products;

2. “Affiliates” means an individual or entity (whether now existing or hereafter created) that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, another person or entity;

3. “Business Days” shall mean a day (other than a Saturday or Sunday or an official public holiday in India) on which commercial banks are open for business in India;

4. “Intellectual Property” shall mean all copyrights, patents, trademarks, moral rights, service marks, logos, registered designs, domain and sub-domain names and utility models, inventions, brand names, database rights, software, know-how, programming (including source code) and business names and any similar rights of whatever nature situate in any country and the benefit (subject to the burden) of any of the foregoing (in each case whether registered or unregistered, whether now or hereinafter existing and including applications for the grant of any of the foregoing and the right to apply for any of the foregoing in any part of the world);

5. “Law” or “Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, judgments, decrees, directives and orders of any governmental authority, tribunal, board, a court, in India or the State of Telangana, as the case may be;

6. “Login Credentials” shall refer to user id, password and/or OTP used by You to access Your Account on our Website;

7. “Person” includes an individual, partnership, corporation, company, Hindu undivided family, unincorporated organization or association, trust, Governmental Authority or any other entity, whether incorporated or not;

8. “Personal Information” shall mean any information that relates to a natural person, which, either directly or indirectly, in combination with other information available or likely to be available to a body corporate, is capable of identifying such person, which may include, but is not limited to, Your contact number, residential address, driving license, gender, and other such details that We may require in order for You to shop on Our Website;

9. “SPD” or “Sensitive Personal Data” shall have the meaning assigned to this term under the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI Rules”);

10. “Vendor” or “Seller” shall mean the Person or any legal entity who offers for sale, sells the retailed products or their services on Our Website; and

11. “Vernik eshop Wallet Services” or “Vernik eshop Wallet” means the closed system pre-paid payment instrument issued by Vernik eshop to its Users.

2. Creating Accounts and Inaccurate Account Information

12. In order to purchase any of the Products listed on Our Website, You will need to set up an Account and provide the Account Information.

13. You understand and agree that all the Account Information provided by You while setting up an Account is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by You is untrue, inaccurate, not current or incomplete, we shall not be responsible for any disruption in the delivery of the Products, including any of the other Services opted by You on Our Website and process any refunds, if applicable to You.

14. You may delete your Account at any time, for any reason, by following the instructions on the Website. However, You must note that We reserve the right to retain Your Account Information in an anonymous form, and any other information provided on an “as-is” basis.

3. Eligibility to Use Our Services

You represent and warrant that You are competent and eligible to enter into legally binding agreement and have the requisite authority to bind Us to this Agreement. You shall not use this Website or avail the Services if you are not competent to contract under the applicable Law.

4. Use of Account Information

15. You acknowledge and give Your full and unconditional consent to:

1. Your Account Information being permanently retained on a computer database that shall be maintained, owned, and controlled by Us;

2. Your Account Information being shared with any other Person that enters into a commercial relationship with Us;

3. Your Account Information being shared in its original form, or as part of or aggregated form, with other Persons;

4. Your Account Information being shared with Our partners, licensors and Affiliates;

5. Receiving links to third-party websites and services, and/or display advertisements from Persons, who have entered into a commercial relationship with Us (collectively, “Third-Party Links & Advertisements”);and

6. Receive from Us telephone calls, text messages regarding our Services, including promotional calls and messages regarding our Services.

5. Product Pricing

16. You are to note that Product pricing listed on Our Website are current and are indicative of the Maximum Retail Price (‘MRP’). While every care has been taken to label the products accurately, errors in data entry and updation may occur. In such circumstances, we reserve the right to cancel the order in case a transaction has been made where the price indicated was not the correct price. In the rare event that happens, we will give a full refund of all money received from the customer. Prices are subject to change without advance notice.

17. All prices on this Website are given in Indian Rupees. For international cards used on the Website, the banks applicable exchange rate and charges will apply. We have no jurisdiction on this and any disputes or queries on exchange rates and bank charges need to be directed to the bank or institution that issued your card or payment instrument.

18.  All orders are acknowledged at current pricing, which is generally the MRP (assuming no discounts have been offered). However, subject to Clause 5.1, You are to note that in rare circumstances listed prices of certain Products may be incorrectly priced either greater than or less than the MRP. In such circumstances, the correct pricing for such Products will be reflected at the time we raise an invoice or the check-out page on the Website. Consequently, in such circumstances there may be price variance between the price displayed in the cart and at the final check-out page. In case we overcharge you, Vernik eshop shall duly refund the balance. In case we undercharge You, we will inform You of the same, and You agree to pay the balance through a payment link sent by Us or through any other means identified by Us.

19. Some Products which are listed on the Website such as fresh fruits and vegetables are products where prices change on a daily basis. You will be billed the prices prevalent during the invoicing of the products. However, for the products such as fresh fruits and vegetables, differential amount due to differential weight shall be adjusted in the customer invoice copy on delivery. Our products are liable for taxes, as applicable in India.

6. Subscription Service

In order to enhance Your online shopping experience, we offer to You our subscription service. Through the subscription service, You can select Product(s) and automate the timeline/frequency for delivery to You for a finite period of time (e.g., You can purchase Milk, and opt for the milk to be delivered to Your address on a daily basis for a period of a month). In case You opt for the Subscription Service, please note that we will bill in accordance with the payment instructions that You shall view on the check-out page. Accordingly, to avail the subscriptions services for any of the Product(s), You may need to select the automated payment option on the relevant web page.

7. Out of Stock situations

Our endeavor is to ensure that all Products listed on the Website are available in stock for dispatch to You at Your address. However, in case this in not available for any reason, we will contact you within 2 (two) Business Days and give you the option to select alternatives or cancel the order based on your convenience. In case You do not hear from Us in 2 (two) Business Days, You may contact Us to enquire the delay, and based on Our response, You may select alternatives to Products not available or cancel Your order.

8. Payment Options

20. The following modes of payment are available:

7. Credits Cards – Master card, Visa card;

8. Debit Cards- Master card, Visa, Maestro and Rupay;

9. Net banking/Direct Debit payments from select banks in India. A full list is available at the time of Check Out and prior to making payments for purchases; and

10. Third Party Wallets.

9. Wallets

21. The Vernik eshop Wallet Services are not available to persons under the age of 18 or to anyone previously suspended or removed by Vernik eshop from availing the Vernik eshop Wallet Services or accessing the Website. By accepting these Terms and the Privacy Policy or by otherwise using the Vernik eshop Wallet Services on the Website, you represent that you are at least 18 (eighteen) years of age and have not been previously suspended or removed by Vernik eshop , or disqualified for any other reason, from availing the Vernik eshop Wallet Services or using the Website.

22. You will be issued Vernik eshop Wallet Services immediately after successful registration.

23. You may add money to or recharge your Vernik eshop Wallet through online payment methods such as domestic credit/debit card and net banking. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your Vernik eshop Wallet. Except as provided hereunder, amounts in your Vernik eshop Wallet will not be refunded to you under any circumstances.

24. You may note that withdrawing money from Your Vernik eshop Wallet is not allowed. Any outstanding credit in the Vernik eshop Wallet must be utilized only to make payments for bona fide purchases on Our Website.

25. Vernik eshop Wallets are available only to resident Indians who have attained the age of 18 years and are competent to contract.

26. Vernik eshop Wallets are not transferable.

27. You may add money into your Vernik eshop Wallet up to a maximum of INR 10,000 (Rupees ten thousand) per month. This limit will be inclusive of any credits made by you and any refunds received by You from Us.

28. The value stored on your Vernik eshop Wallet shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide transactions. No interest will be payable by Vernik eshop on the available balance reflected in Your Vernik eshop Wallet.

29. Any value in your Vernik eshop Wallet that is utilized towards making payments for any transaction shall be automatically debited from your Vernik eshop Wallet. Vernik eshop does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using Vernik eshop Wallet.

10. Delivery of Products and Delivery Charges

30. Shipping and handling rates may vary based on product, packaging, size, volume, type and other considerations. The shipping and handling charges are given at the time of check out and You will know about this before making payments on our Website. In any case, We shall not be liable to you for any damages to the Products after delivery to You. We shall consider the order “delivery” failed in the following cases:

11. Delivery not done due to wrong address;

12. You are not available at Your address to accept delivery; and

13. Your premises are locked.

31. In case of floods/bandh/heavy rains/lockdowns, we reserve the right to reschedule the delivery to some other date. In case We are not able to deliver the Products ordered by You for reasons identified in Clauses 10.1 (a) –(c) and 10.2, we shall keep you informed of the same.

32. You are to note that once Products have been dispatched from Our Premises, You shall be liable for delivery charges irrespective of the circumstances, including circumstances identified in Clauses 10.1 (a) – 10.1 (c). Further, if We agree to deliver the undelivered Products to Your address for reasons solely attributable to those in Clauses 10.1 (a)- (c), You shall be liable to pay us separate delivery charges for the second attempt to deliver the Products at Your doorstep, including all additional delivery attempts. It is clarified that a ‘delivery attempt’ shall mean the dispatch of Products from our premises, upon receiving instructions for such dispatch from You.

33. Please note that the delivery timelines shall be indicated to You on Your check-out page. However, these times are indicative only. We may, in our sole discretion without explanation, choose to re-schedule the delivery to You. In any case, We shall not be liable to pay a late fee or incur any charge on account of delay in delivery timelines.

11. Cancellations, Return & Exchange Policy

34. Upon placing Your order, You may cancel Your order within the time-frames mentioned on Our Website. If You cancel Your order within such time-frame, we will, in Our sole discretion, refund the monies to Your Vernik eshop Wallet or directly to You. However, please note that any cancellation shall not be accepted after the time-frames mentioned on Our Website, and in case, we choose to accept Your cancellation, we may choose to not refund any of the monies or a portion of the monies spent by You in placing such order.

35. We take no responsibility for goods signed by an alternative Person other than the person ordering the product at the address indicated at the time of the order. Since the transactions are authorized by the card holder, we do not take responsibility for incorrect addresses provided at the time of placing the order. You are to note that the delivery will NOT be redirected / redelivered to any other address in any circumstances. Further, You are to note that the Product will be delivered only in the city it is mentioned as “available” on this Website.

36. All claims for shortages or damages must be reported to customer service on the day of delivery through the contact us page on the Website. Also the said shortage of goods needs be highlighted and signed on the delivery challan copy and returned to the delivery person.

37. Subject to Clause 11.1, If You accept delivery of the Products, You must on the same day, verify the Products and inform us of any damage or defect in the Products (“Defective Products”), if any. It is clarified to You that, We will accept return of the Defective Products only if you reach out to us (either by email or through our customer care), and inform us of the Defective Products and your requirement to replace such Defective Products on the same day you received delivery of the Products.

38. Any amounts to be returned to You by Us for any of the reasons in these Terms shall be credited to your Vernik eshop Wallet. Cash refunds shall be at Our sole discretion.

39. In the unlikely event that we take delivery of the Defective Products, You are to note that:

14. Defective Products can be returned or exchanged only if the original receipt is presented;

15. The refund or exchange shall be subject to inspection of the Defective Product and in case it is not approved, then no refund & exchange shall be initiated;

16. The Defective Product must be unused and in the same condition that you received it. It must also be in the original packaging; and

17. We reserve the right to make changes to Our Cancellations, Return & Exchange Policy from time to time.

12. Intellectual Property Rights

All Intellectual Property displayed in the Website and in the Services is proprietary property of Vernik eshop (“Proprietary Information”). You agree that the Proprietary Information shall not be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from Vernik eshop and nothing on this Website or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the Intellectual Property rights of Vernik eshop to the User. Further, with respect to any Person’s Intellectual Property rights you recognize on our Website, You acknowledge that the ownership of all trademarks, copyright, logos, service marks and other Intellectual Property rights vested in such Person shall continue to vest with such Person and You are not permitted to use the same without the consent of the respective Person.

13. Your Conduct and Behavior

40. Whether You are a customer or are simply browsing the Website, once you have accessed the Website or Services, You shall be considered a ‘User’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Website and/or Services. You hereby agree to fully comply with all applicable Law. You shall not resort to any unethical practices while using the Website.

41. You agree and acknowledge that You are hereby expressly prohibited to record or copy (for personal use or otherwise), including copying for redistribution, either the audio or video, through any medium, any of the content You see on Our Website, including Our Proprietary Information, look and feel and the design of Our Website. You agree not to do any of the following while using the Website and/or the Services:

18. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material or making available any of Your content that is misleading, unlawful, harmful, threatening, abusive, tortuous, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of anybody’s privacy, hateful, or racially, ethnically or otherwise objectionable;

19. Modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Service;

20. probe, scan, or test the vulnerability of any system or network of the Service;

21. attempt to gain unauthorized access to the Service;

22. Interfere with or disrupt the integrity or performance of the Service other service provider listed on the Website;

23. Introduce viruses, Trojan horses, worms, spyware, or other such malicious code into the Services;

24. access, tamper with, or use non-public areas or parts of the shared areas of the Service you haven't been invited to;

25. promote or advertise any other products or services on our Website;

26. sell or re-sell any other service on our Website;

27. copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of third-party services not authorized by Us;

28. remove or destroy any copyright notices or other proprietary markings contained on or in our Website;

29. violate the Law in any way, including by storing, publishing or sharing material that is infringing, fraudulent, defamatory, misleading, or damaging to our Website;

30. Coping, reproducing, distributing, republishing, downloading, displaying, posting or transmitting of any content in any form or by any means any part of the Service unless specifically authorized to do so;

31. Removing or destroying any copyright notices or other proprietary markings contained on or in the Service; 

32. Stalking, intimidating and/or harassing another (or some other user) and/or inciting other to commit violence;

33. You agree not to use the Website and/or its Services to collect, upload, create, transmit, display, or distribute the Account Information or any other information in any way such: (a) that it violates any third-party right, including any Intellectual Property rights or proprietary rights; or (b) that it is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (c) that it is hateful, violent, discriminatory, nude, partially nude, sexually suggestive, or pornographic;

34. Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant Laws, regulations or code of practice;

35. Interfering with any other Person’s use or enjoyment of the Website/Services;

36. You will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", “spoofing”, “hacking”, "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any User of the Website/Services or any other third party whatsoever;

37. Willful misrepresentation of Account Information;

38. Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

39. Do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as interference with page rendering or other Services’ functionality;

40. Introduce into the Website, or any other of Our platforms facilitated for the purposes of rendering Services, any viruses, Trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage, disrupt or interfere with the operation of the Website and/or another's computer or property;

41. breach or otherwise circumvent any security or authentication measures;

42. access, tamper with, or use non-public areas or parts of the Service, or shared areas of the Service you haven't been invited to;

43. Send unsolicited communications, promotions or advertisements, or spam;

44. access, search, or create accounts for the Service by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk);

45. Misuse the Services in any manner, i.e. use of the Services in a manner not envisaged under these Terms;

46. Manipulate our payment refund and cancellation policy to do any act not expressly permitted in these Terms; and

47. Violating the Terms of Service including but not limited to any applicable additional terms of the Website contained herein or elsewhere.

14. Suspension due to non-compliance with Agreement

42. Notwithstanding other legal remedies that may be available to Vernik eshop , Vernik eshop may in its sole discretion limit User activity by immediately suspending or terminating Your Account and/or refuse to provide You with access to the Website or the Services:

48. If You breach any of the terms and conditions of these Terms and the Privacy Policy;

49. If You use the Services as a means to exploit the price difference by purchasing the Products (e.g., fruits and vegetables) in bulk on our Website, solely for the purpose of re-selling such Products and make a profit;

50. If You have provided wrong, inaccurate, incomplete or incorrect Account Information; and

51. If Your actions may cause any harm, damage or loss to other users who access the Website or Vernik eshop .

15. Representations and Warranties.

43. You represent and warrant to Us at all times that:

52. You are at least 18 years of age at the time of using the Website and/or Services.

53. You shall not use the Website or any of the Services beyond the contemplated functionality of the Services.

54. You shall not attempt to gain unauthorized access to the Website or any of the Services or any networks, servers or computer systems connected to the Website or Services.

55. You shall not use the Website or any of the Services in a way that may damage or impair (i) the Website or the Services, or (ii) Our underlying systems and security.

56. You shall not use the Website or any of the Services in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.

57. You shall not re-sell, in any medium, any part of the Website or Services.

58. You shall not use any of our Proprietary Information, including the copyrighted content displayed on the Website for any personal or third-party gain, without Our express consent.

59. You shall not modify, adapt, translate or reverse engineer any part of the Services (e.g., by creating a shadow site or Website that mirrors the said Services, or substantially mirrors said Services).

60. You agree to promptly notify and bring to Our notice in the event Your Mobile Contact Number is in the Do Not Disturb/National Consumer Preference Register List of the Telecom Regulatory Authority of India (“TRAI”), immediately after the Primary Registration.

61. You understand and acknowledge the any calls, text messages that You receive from Us on Your Mobile Contact Number are not unsolicited calls or messages.

16. User Responsibilities

44. You are responsible for maintaining the confidentiality of your Login Credentials and are fully responsible for all activities that occur under your Account (e.g., once logged in). You agree to immediately notify Us of any unauthorized use, or suspected unauthorized use of Your Account, or any other breach of security. Upon such notification from You, We may, at best, assist You to change Your password. Beyond assisting You to change Your password, We cannot offer any other assistance. In addition, We will not be liable for any loss or damage arising from Your failure to comply with the above requirements.

45. You are responsible for notifying, intimating and communicating to Us, through Email, in the event Your contact number has been registered with the Do Not Disturb/National Consumer Preference Register List of TRAI, prior to availing any of Our Services. Without prejudice to the generality of the foregoing, We shall also seek consent from You every six (6) months for Us to continue sending/communicating information to You and endeavor to abide by the applicable rules and regulations of TRAI. However, in no event shall Vernik eshop be liable for communicating with You on your mobile phone, and You hereby expressly waive Your right to bring an action against Us for sending information in connection with, or in relation to the Website/Services, including promotional content.

46. The content (including the Intellectual Property in such Content)on our Website may be owned by other Persons. You therefore agree that you won’t copy, reproduce, create derivative works of, decompile, upload, download, share, or otherwise exploit third party content unless you have the right to do so. We may review your conduct and content for compliance with these Terms and remove or suspend Your access to our Website, including Services at any time and without notice.

47. We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in our sole discretion, believe it necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve civil damage. You understand that We have the right at all times to disclose any Account Information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

17. User License

48. The rights granted to You in these Terms are subject to the following limitations: (a) except as otherwise authorized, You shall not license, sell, re-sell, lease, transfer, assign, distribute, exchange, host, or by any other means copy, download, capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, deep-link, transmit or retransmit, make any derivative works of, or otherwise commercially exploit any (i) Content, (ii) Services, or (iii) the information (including Personal Information and Sensitive Personal Data) of Users available on the Website or through the Services; whether in whole or in part; (b) You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website, and Services, or the Personal Information of other Users, available on the Website; (c) You shall not access the Website and/or its Services, or the personal information of other Users, available on the Website, or through the Services, in order to build a similar or competitive website, app, product, or service; and (d) except as expressly stated herein, no part of the Website, and/or its Service, or the personal information of other Users, available on the Website, may be copied, reproduced, distributed, republished, indexed, framed, downloaded, linked, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality or content of the Website shall be subject to these Terms. All copyright and other proprietary notices on the Website must be retained on all copies thereof.

49. Acceptable Use Policy: The following terms constitute our “Acceptable Use Policy”:

62. You agree not to use the Website and/or its Services to collect, upload, create, transmit, display, or distribute the Account Information or Other Information in any way such: (i) that it violates any third-party right, including any copyright, trademark, patent, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) that it is in violation of any law, regulation, or obligations or restrictions imposed by any third party; or (iii) that it is hateful, violent, discriminatory, defamatory, racially or ethnically objectionable, unlawful, obscene, sexually suggestive, or pornographic.

63. In addition, You agree not to: (i) display, upload, modify, transmit, publish, or distribute to, or through, the Website any computer viruses, worms, or any software codes, files or programs, intended to damage, limit or alter a computer system, computer network, or data, and/or gain unauthorized access to a computer or computer network; (ii) manipulate the Website to send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) manipulate the Website to harvest, collect, gather, or assemble information or data, including Personal Information or Sensitive Personal Data regarding any other users or individuals, including their e-mail addresses, with or without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Website or the data hosted within the Website, or violate the regulations, policies, restrictions or procedures of such networks; (v) attempt to gain unauthorized access to a third party’s information on the Website (or to other computer systems or networks connected to or used together with the Website), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Website and/or it Services; or (vi) use software or automated agents or scripts to produce multiple accounts on the Website, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Website.

64. We reserve the right, at any time, to modify, suspend, or discontinue the Website (in whole, or in part) or its Services (in whole, or in part) with or without notice to You. You agree that We will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Website or its Services, or any part of the Website or its Services thereof.

50. No Support or Maintenance: If You have any questions, complaints or claims with respect to the Website, Content and/or Services, then such correspondence should be directed to:

support@companyname.in

You acknowledge and agree that We will have no obligation to provide You with any uninterrupted or immediate support or maintenance in connection with the Website and/or Services, except as provided under the Privacy Policy.

51. Ownership: Excluding Your Account Information, You understand and acknowledge that Vernik eshop shall own all rights, title, including all Intellectual Property rights to the Website, Product listings and Services. It is clarified that these Terms do not transfer to You or any third party any rights, title or interests in, or to such, Intellectual Property rights, except for the limited license that is required to view/use the Website, Content and Services per the Agreement.

18. Personal Information

52. Risks: You represent and warrant that the Account Information, or any other information, whether personal or sensitive, provided to Us (“Other Information”) does not violate Our ‘Acceptable Use Policy’ clause above. You may not represent or imply to any person or entity, in any way whatsoever, that the Account Information or Other Information that You provide Us with is sponsored or endorsed by Us in any manner. Because You alone are responsible for Your Account Information and the Other Information that You provide Us with. You may expose Yourself to liability if, for example, the Account Information or Other Information violates the ‘Acceptable Use Policy’ clause. You must note that We are not obligated to create a backup copy of Your Account Information or Other Information that You provide Us with; We will not be held liable or responsible for the deletion of the Account Information or any Other Information that You provide Us with.

53. Enforcement: We reserve the right to review Your Account Information or any other information from time to time, and to investigate and/or take appropriate action against You if you violate the ‘Acceptable Use Policy’ clause, or any other provision of these Terms, or otherwise create liability for Us or any other Person, in Our sole discretion. Such action may include (i) removing or modifying Your profile, (ii) terminating Your profile in accordance with the ‘Term and Termination clause’, and/or (iii) reporting You to, and cooperative with, law enforcement authorities.

19. Indemnity

You agree to defend, indemnify and hold harmless Vernik eshop , its employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based you're your actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of Your obligations under these Terms or Privacy Policy or arising out of Your infringement of any applicable Laws, regulations including but not limited to Vernik eshop intellectual Property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this Agreement.

20. Submissions

We welcome Your comments about your experiences shopping with us and your suggestions about how to improve our Website. Any comments, ideas, suggestions, initiation, or any other content You contribute to Us or on our Website (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for Us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. You represent and warrant that You own or otherwise control all of the rights to the content that You contribute to this site and that use of Your content by Us will not infringe upon or violate the rights of any Person.

21. Release

Subject to applicable law, you hereby release and forever discharge Vernik eshop and Vernik eshop affiliates from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that arises or has arisen, directly or indirectly out of, or that relates directly or indirectly to, the website and/or its services (including any interactions with, or act or omission of, other users, or any third-party links). Further, if you have a dispute with one or more user(s), you forever release Vernik eshop and Vernik eshop affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, your use of the website, app and/or the services and/or any content.

22. Limitation of Liability

54. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Vernik eshop AND/OR Vernik eshop AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS OR LOST/STOLEN DATAARISING FROM, OR RELATING TO, THETERMS; OR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICES AND/OR SUBMITTED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACCESS TO, AND USE OF, THE WEBSITE, SERVICES AND THE CONTENT IS AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY, INCLUDING YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF ANY DATA, INCLUDING ACCOUNT INFORMATION, RESULTING THEREFROM.THE FOREGOING LIMILITATION OF LIABILITY SHALL WEBSITELY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE EXTENT.

55. NOTWITHSTANDING ANYTHING STATED HEREIN, ALL EXCLUSIONS IN THIS LIMITATION OF LIABILITY CLAUSE SHALL BE APPLICABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW (E.G., SOME JURISDICTIONS MAY NOT PERMIT EXCLUSION OF LIABILITY FOR FRAUDULENT MISREPRESENTATION).

23. Disclaimers

56. The Website is provided on an “as-is” and “as-available” basis, and, the images, illustrations, video clips (“Illustrations”) are only indicative, and we offer no assurances that the Products purchased by You shall be similar to the Illustrations. We expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Website will meet Your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, legal, safe, or free of viruses or any other harmful code.

57. By accepting these Terms, You acknowledge and agree that there are no fiduciary duties or obligations between You and Us.

1. We will not be liable to You (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this Website:

2.  to the extent that the Website is provided free-of-charge, for any direct loss;

3. for any indirect, special or consequential loss; or

4. for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

24. Term and Termination

58. Subject to this ‘Term and Termination clause’, these Terms will remain in full force and effect while You use the Website, and/or any of its Services, in any way whatsoever.

59. We may suspend or terminate Your rights to use the Website (including Your Account) at any time and for any reason, at Our sole discretion, including for any use of the Website and/or its Services in violation of these Terms.

60. Upon termination of Your rights under these Terms, Your Account and right to access and use the Website and/or its Services, will terminate immediately. You understand that any termination of Your Account may involve deletion of the Account Information and any other Information associated with Your Profile from all Our databases. We will not have any liability whatsoever to You for any termination of Your rights under these Terms, including for termination of Your Profile.

25. General

61. Electronic Communications: You (a) consent to receive communications from Us in an electronic form; (b) agree that all Terms and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing; and (c) consent to receive communication, in connection with, or in relation to the Website/Services including but not limited to information regarding new Products, subscriptions, promotional content etc.

62. Entire Terms and Amendments: These Terms with the Privacy Policy, and other rules and policies posted on the site, constitute the entire agreement between you and Vernik eshop with respect to your use of the Website and the Services, and they supersede all prior or contemporaneous communications and proposals between you and Vernik eshop with respect to Your use of the Website and the Services.

63. Waiver: Any waiver of Our rights or remedy under these Terms shall only be effective if it is in writing, executed by Our duly authorized representative, and shall be applicable only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right, or remedy, or other rights or remedies.

64. Headings and Interpretation: The section titles in these Terms are for convenience only and have no legal or contractual effect. The words “including” and “includes” means “including without limitation”.

65. Severability: The provision(s) of these Terms shall be sought to be harmoniously interpreted with each other, as well as applicable Laws and upheld to the fullest extent permissible under applicable Laws. Further, the provisions contained in this Agreement shall be enforceable independent of each other, and their validity shall not be affected, if any other provision(s) are held to be invalid. If any provision(s) of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired (to the maximum extent permissible), and the invalid or unenforceable provision(s) will be deemed modified so that they are valid and enforceable to the maximum extent permitted by applicable Laws. Further, if any of those provision(s) are void, but would be valid if some part of the provision(s) were deleted, the provision(s) in question shall apply with such modification as may be necessary to make them valid.

66. Relationship between you and us: You confirm that You do not have an employment, contractor, agency or partnership relationship with Vernik eshop . Vernik eshop is merely providing You the Services on your request. Further, You are acting on either on Your own or on behalf of another in the manner stated in the Agreement.

67. Assignment: These Terms, and Your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by You without Our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. However, You acknowledge and agree that We reserve the right to freely assign Our rights and obligations under these Terms to whomsoever We please. The Terms and conditions set forth in these Terms shall be binding upon assignees.

68. Governing Law and Jurisdiction: These Terms and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Laws prevalent in India. You agree that the courts of Hyderabad, Telangana shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, these Terms.

69. Contact Information: If You wish to contact Us in writing, or if these Terms require You to give notice to Us in writing, please contact Us at info@vernit.in