Terms and Conditions
With effect from 2 October 2020
Access to and use of password protected and/or secure areas of the Tridasha Platform and/or use of the Services are restricted to Users with Tridasha Accounts only. You may not obtain or attempt to obtain unauthorised access to such parts of this Tridasha Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use.
1. Definitions and Interpretation
1.1. Unless otherwise defined, the definitions and provision in respect of interpretation set out in Schedule 1 (“Definitions and Interpretation”) will apply to these Terms of Service.
2. Tridasha Account
2.1. You must be at least eighteen (18) years or older or at least the age of majority in the jurisdiction where you reside or from which you use the Services.
2.2. If you are below eighteen (18) years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Service and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services; and (iii) your acceptance and compliance with these Terms of Service. If you do not have consent from your parent(s) or legal guardian(s), you must stop using / accessing this Tridasha Platform and the Services immediately.
2.3. In order to access and use our Services, you must sign up and create an Account by providing your valid email address, valid mobile number and any other information indicated as required. As part of the Account activation process, you may be required to verify your email address and/or mobile number.
2.4. Subject to Clause 2.5 below, the person signing up and opening an Account will be the considered the Account owner and contracting party for the purposes of our Terms of Service and will be the person authorised to use the Account in connection with the Services.
2.5. If you are opening or operating an Account on behalf of your employer or any other third party, your employer or such third party will be the Account owner and you represent and warrant that you have the authority to act on behalf of such employer or third party and bind such employer or third party to the EKAYAA Terms.
2.6. You warrant that all particulars and information provided in the creation of your Account are complete, true and accurate. You shall ensure that such personal particulars and information are kept updated in the User profile.
2.7. You are solely responsible for any activity that occurs on your Account and shall be responsible for maintaining the security and confidentiality of your password to your Account. You must notify us immediately if you have knowledge that or have reasons for suspecting that the confidentiality of your password has been compromised or if there has been any unauthorised use of your Account or any other known Account-related security breach.
2.8. The rights, restrictions and obligations set out in the EKAYAA Terms are equally applicable to you and to any other person you give access to your Account through Multi-User functionality.
2.9. We shall not be liable for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer / device, it is recommended that you do not save your Account details in your internet browser.
2.10. If you have reason to believe that your Account details have been obtained by another without consent, you should contact us immediately to disable your Account.
2.11. In the event of a dispute regarding Account ownership, we may temporarily disrupt services until a resolution has been determined between the disputing parties. We reserve the right to determine and/or grant ownership to an Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. We reserve the right to request for any documentation to determine or confirm Account ownership. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so, without liability to you or to any other party.
4. General use of Services and/or access to the Tridasha Platform
Your Obligations. You undertake and agree to:
4.1. Comply with any and all guidelines, notices, operating rules and instructions pertaining to the use of the Services and/or access to the Tridasha Platform, as may be amended by us from time to time;
4.2. Be solely and fully responsible for all activities that occur under your Account and for any of your User Content, whether or not authorised by you;
4.3. Comply with all applicable laws including any specific laws applicable to you and your End Users;
4.4. Regularly save and back up any of your User Content and information pertaining to your End Users, your User Products and any applications or Third-Party Services used by you.
Restricted Activities. You agree and undertake not to:
4.5. Use the Tridasha Platform or Services for illegal or unauthorised purposes;
4.6. Post, promote through the Tridasha Platform or Services any Prohibited Products or initiate fraudulent or deceptive communication;
4.7. Post, transmit or display any User Content in a context which may be deemed as scandalous, defamatory, libellous, obscene, profane, harassing, threatening, abusive, racist, offensive, inflammatory, deceptive or fraudulent, encouraging unlawful conduct, or which otherwise violates the rights of EKAYAA or any third party (including any intellectual property rights privacy rights and/or contractual rights);
4.8. Upload, post or transmit any information, content, or proprietary rights that you do not have a right to transmit;
4.9. Use another User’s Account in any capacity;
4.10. Copy, duplicate, reverse engineer, sell, resell or exploit any portion of the Services or copyrightable materials or any other content on the Tridasha Platform which is or may be subject to intellectual property rights without the express written permission of EKAYAA;
4.11. Purchase search engine or other pay per click keywords (such as Google AdWords) or domain names that use EKAYAA or EKAYAA’s trademark and/or variations and misspellings thereof;
4.12. Remove existing EKAYAA trademarks and logos from the templates;
4.13. Impersonate any person or entity or provide false information on the Tridasha Platform;
4.14. Falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that EKAYAA or any third party endorses you, your User Catalog or your User Products;
4.15. Attempt to gain unauthorised access to any part of the Tridasha Platform, the server(s) on which the Tridasha Platform is stored, or any other server, computer or database connected to the Tridasha Platform and the Services;
4.16. Use or upload any software or material that contains, or which you have a reason to suspect that contains viruses, damaging components, malicious code of harmful components which may impair or corrupt the Tridasha Platform’s data or damage or interfere with the operation of the Tridasha Platform and/or Services;
4.17. Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or EKAYAA’s systems or networks connected to the Services, attack the Tridasha Platform by means of a denial of service attack, a distributed denial of service attack, spam or otherwise interfere with or disrupt the operation of any of the Services or the servers or networks that host them;
4.18. Act in a manner that may be perceived as damaging to our reputation and goodwill or which brings EKAYAA into disrepute or harm;
4.19. Abuse or use threatening language in verbal or written form (including threats of abuse or retribution) towards any of our Users, employees (including external consultants), officers or members; or
4.20. Copy or plagiarise content or material from EKAYAA’s Tridasha Platform or communication channels.
4.21. By breaching the provisions of the EKAYAA Terms, you may be committing a criminal offence under the Indian law. We will report such breaches to the relevant authorities, and we will cooperate fully with those authorities by disclosing your identity and/or details to them.
4.22. If you materially breach the provisions of the EKAYAA Terms, we reserve the right to take one or more of the following actions: (a) issue a written warning to you and/or; (b) shut down your User Catalog and/or; (c) commence legal proceedings against you and/or; and (d) any other actions which we deem reasonably appropriate under the circumstances.
4.23. We exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of the EKAYAA Terms.
Our Rights. We reserve the right to:
4.24. Monitor, screen and remove any User Catalog, User Product or User Content from the Tridasha Platform, and/or request that you remove any User Content or User Product from your User Catalog within a stipulated timeframe. We may (but are not obliged to), in our sole discretion, investigate any violation of the EKAYAA Terms and take the actions we deem appropriate;
4.25. Restrict access to, disrupt services or delete your Account for any reason whatsoever and at any time;
4.26. Report any activity we suspect to be in violation of any applicable law to the appropriate authorities and cooperate with such authorities;
4.27. Request any information from you in connection with your use of the Services and/or access to the Tridasha Platform at any time;
4.28. Provide our Services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that our employees and contractors may also be our merchants and that they may compete with you, although they may not use your confidential information in doing so;
4.29. Reject your application for an Account, unpublish an existing account, cancel a subscription or delete an existing Account for any reason, in our sole discretion.
5. User Content and User Products
5.1. User Content.
You are responsible for ensuring that the User Content is (and will continue to be) true, current, non-infringing upon any third party rights or any applicable laws, not part of the sample products from the template design, and in no way unlawful for you to possess, post, display or sell in the country in which you or your End Users reside, or for EKAYAA and/or End Users to use or possess in connection with the Services. By uploading the User Content, you agree to (a) allow other internet users to view your User Content; (b) allow EKAYAA to display and store your User Content; (c) allow EKAYAA to review and/or edit your User Content at any time and for any reason, without previous notice (even though we have no obligation to do so); and (d) allow EKAYAA to showcase your site through any of the EKAYAA or EKAYAA Affiliates sites.
5.2. User Products.
You are solely responsible for the User Products that you promote on your Account via the Tridasha Platform. You are responsible for setting the correct applicable taxes for your User Products. You are also the sole responsible for providing all clarifications required by actual and potential buyers of your User Products, including (but not limited to) complete and transparent information regarding specifications, including those required by regulation in your country, recommended use, ingredients, expiry date, safety and health-related concerns, age restrictions, guarantees and warranties available, applicable charges, fees and other relevant aspects as applicable. We are merely providing a Tridasha Platform for you to manage User Products, your User Profile, your User Collections and manage and/or share your User Catalogs. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products, and EKAYAA shall not be responsible for any customer engagement on your behalf / in regard to your User Products.
6. Intellectual Property
6.1. Your Intellectual Property.
You are responsible for and shall own all intellectual property pertaining to your User Content, including but not limited to any designs, images, fonts, logos, illustrations, photographs, compositions, artworks, interfaces, text or literary. You shall indemnify EKAYAA and Third-Party Service providers, including their respective employees, directors, officers, investors and partners against all claims, damages, losses, costs (including legal costs) and expenses if your User Content infringes the intellectual property rights of any third party. You grant us a worldwide, unlimited, revocable (should you decide to terminate your Account and stop using the Services) and free of charge right to use your Trademark on our Tridasha Platform and/or Services for the purpose of providing our Services to you and identifying and referring to your business and your products and services for marketing or promotional activities.
6.2. Our Intellectual Property.
All rights, title and interest in and to the Services, including any copyrightable materials, are owned by or licensed to EKAYAA. Subject to your compliance with the EKAYAA Terms and timely payment of all applicable Fees, we hereby grant you, upon creating your Account and as long as we provide you with our Services, a non-exclusive, non-transferable, non-sub licensable, fully revocable, limited licence to use the Services for the purpose of displaying your User Catalog and offering your User Products to the End Users, solely as expressly permitted under the Term of Service within the Services.
The Trademarks are registered and unregistered trademarks of ours or Third-Party Service providers. Nothing on the Tridasha Platform or in these Terms of Service shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademarks displayed on the Tridasha Platform without our written consent or consent from any other applicable trademark owner.
6.4. You shall not, without our prior written approval:
a. use any Trademarks in relation to any product, service, merchandise or website;
b. copy, reproduce, adapt, modify, distribute, publish, post, or otherwise use or exploit any Content on the Tridasha Platform in any way or for any purpose;
c. distribute or make any part of the Tridasha Platform over any other website or any network;
d. hyperlink or in-link the Tridasha Platform and/or any Trademarks to any website; or
e. frame or otherwise incorporate into another website any of the Content or other materials on the Tridasha Platform.
6.5. Whilst you may use the Trademarks or the Tridasha Platform in a descriptive manner, you shall not refer to the Trademarks or the Tridasha Platform in any way to suggest that you or your User Catalog is affiliated to or is endorsed by EKAYAA, its affiliates, associates, Business Partners or Third-Party Service providers.
7. Fees and Payment
7.1. Subscription Model.
Under the Subscription Model, you are charged a Subscription Fee based on the subscription plan that you choose.
7.1.1. Subscription Fees.
All Subscription Fees are payable in advance, regardless of the Subscription Plan chosen. EKAYAA will raise an Invoice and upon payment of the Subscription Fees you will receive a payment receipt. By creating an Account you authorise EKAYAA to auto-debit the applicable Subscription Fees from your Authorised Payment Source. Please refer to Schedule 3 for details on the Subscription Fees.
7.1.2. Subscription Renewals.
In order to ensure that you do not experience any disruption of Services, your subscription will be automatically renewed on a recurring fees basis (except where explicitly stated otherwise by EKAYAA in writing). Accordingly, where applicable, EKAYAA will attempt to automatically renew the Services for a renewal period equal in time to the original subscription period for such Services, and automatically debit the applicable Fees from your Authorised Payment Source on the subscription renewal date. For example, if your existing Subscription Plan is six (6) months, each subsequent renewal period will be for six (6) months. We may notify you by email at least seven (7) days prior to the expiry of the then current subscription period to remind you of the upcoming renewal. Therefore, unless you delete your Account, cancel your subscription or change your Subscription Plan within seven (7) days prior to the subscription renewal date, we will automatically renew your subscription based on your existing Subscription Plan when it is due for renewal and charge you the applicable Subscription Fee. All Invoices for renewal Subscription Fees will be issued in electronic form and sent to you via email within seven (7) days after the renewal date.
If we are unable to auto-debit the renewal Subscription Fee from your Authorised Payment Source for any reason whatsoever, we may, in our sole discretion, recover the same from you at a later time and/or downgrade your Account to Free Model, without further notice.
7.1.4. Refunds or Rebates.
EKAYAA will not provide refunds or rebates on your Subscription Fees, pro-rated or otherwise.
7.2. Transaction Fees:
A transaction fee of 2.75% per transaction is applicable for all transactions on the shops hosted on the platform.
This includes the transaction fee that ICICI Eazypay Pro (powered by Razorpay) Payment gateway charges on the transaction and the minor transaction fee charged by EKAYAA.
From time to time, EKAYAA may offer a promotion on the Fees or price on any of our Services. Promotional pricing applies only to the first charge. Subsequent billings and renewals will be at the original price unless otherwise stated.
7.4. Authorised Payment Source.
We will charge applicable Fees to the Authorised Payment Source used by you in your first payment to EKAYAA, and we will continue to charge the Authorised Payment Source (or any alternate payment source) for applicable Fees until the Account is deleted and/or any and all outstanding Fees have been paid in full. If your Authorised Payment Source is not valid for any reason, you will be required to pay us by using an alternative method. If you do not pay, we reserve the right to use any means necessary to recover the outstanding amount.
The Fees are exclusive of Taxes, and you shall be responsible for payment of all applicable Taxes relating to your use of the Services or to any payments made by you.
7.6. Auto Debit.
You agree to allow EKAYAA to debit your Authorised Payment Source for all Fees applicable to your use of the Tridasha Platform and/or the Services and renewals, including but not limited to Subscription Fees, Transaction Fees, Monthly Hosting Fees annual EKAYAA World Listing Fees and Annual Custom Domain Fees.
All payments shall be in Indian Rupees.
8. Third-Party Services
8.1. We may from time to time enable you to engage with or provide you with access to Third-Party Services.
8.2. Your purchase, access or use of any such Third-Party Services is solely between you and the applicable Third-Party Services provider. Any use by you of the Third-Party Services offered through the Tridasha Platform or Services is entirely at your own risk and discretion and will be subject to the terms applicable to such Third-Party Services, which you agree to be bound by. You acknowledge and agree that EKAYAA has no control over Third-Party Services’ terms and conditions (including pricing policies), products / services, and that Third-Party Service providers may at their sole discretion alter any of such terms and conditions while you use the respective Third-Party Service.
8.3. Any account(s) you open with the Third-Party Service providers must be maintained by you and it is your responsibility to close them if you no longer use such Third-Party Services.
8.4. If any disputes or queries arise in respect of Third-Party Services, such disputes must be resolved directly with the applicable Third-Party Service provider.
8.5. If you enable Third-Party Services for use with the Services, you grant us permission to allow the applicable Third-Party Service provider to access your data (including personal data) and to take any other actions as required in order to provide Third-Party Services and Services. Any exchange of data or interaction between you and the Third-Party Services provider is solely between you and such Third-Party Services provider. EKAYAA is not responsible or liable for any disclosure, modification or deletion of your End User data or User Content, or for any corresponding losses or damages you may suffer as a result of access by a Third-Party Services provider to your End User data or User Content.
8.6. You acknowledge and agree that EKAYAA has no control over Third-Party Services and is not responsible or liable to you for such Third-Party Services. The availability of Third-Party Services through our Tridasha Platform and/or Services or the integration or enabling of the Third-Party Services with the Services does not constitute or imply endorsement, authorisation, sponsorship or affiliation by or with EKAYAA. We recommend that you seek proper advice before using or relying on Third-Party Services to ensure they will meet your needs.
9. Changes to the Services and Fees
9.1. Fees for using the Services are subject to change upon thirty (30) days prior notice from EKAYAA. Such notice will be provided to you in accordance with the Notices provision (Clause 12).
9.2. We reserve the right to at any time modify, suspend or discontinue the Services (or any features thereof) without notice to you. We shall not be liable to you or any third party for any modification, Fee change, disruption or deletion of the Services.
10. Downgrade, Cancellation and Deletion of Account
10.1. Cancellation of Subscription by You.
You have the option of cancelling your Subscription and downgrading your Account to a Free Subscription, with limited access, at any time. This can be made effective on the Tridasha Platform and will take effect post the subscription cycle end date.
10.2. Account Deletion.
You may Delete your Account by clicking on the ‘Delete Account’ button on the Tridasha Platform. All outstanding Fees are required to be settled prior to deletion.
10.3. Cancellation by Us.
Failure to comply with any of the EKAYAA Terms (including payment of outstanding Fees and undertaking to not sell any Prohibited Products) shall entitle EKAYAA to disrupt service or delete your Account as well as the provision of any related Services or Third-Party Services to you. EKAYAA shall not be liable to you for any effect such disruption or deletion might have. For the avoidance of doubt, the disruption or deletion shall not prejudice our rights against you for any breach of the EKAYAA Terms, for any amounts due or other obligations accrued prior to such disruption or deletion.
10.4. Upon cancellation of our subscription and/or service by either party for any reason:
a. EKAYAA will downgrade you to Free Model on the expiry of the then current subscription period;
b. You will not be entitled to any refunds or rebates of any Fees, pro rata or otherwise;
c. Your automatically renewed subscriptions will be discontinued upon the expiration of the then-current subscription period for which you have already made payment; and
d. If your User Catalog was shared, the links will be immediately unavailable.
10.5. Account Deletion.
You can delete your Account by clicking on the ‘Delete Account’ button on the Tridasha Platform. All outstanding fees are required to be settled prior to deletion.
10.6. Cancellation by Us.
Failure to comply with any of the EKAYAA Terms shall entitle EKAYAA to disrupt the Services or delete your Account as well as the provision of any related Services or Third-Party Services to you. EKAYAA shall not be liable to you for such disruption or deletion. For the avoidance of doubt, the disruption or deletion shall not prejudice our rights against you for any breach of the EKAYAA Terms, for any amounts due or other obligations accrued prior to such disruption or deletion.
11. Discussion Forums and Other Social Interactions
11.1. EKAYAA makes no representations or warranties with respect to any forums, blogs, private messages, emails or other electronic discussion mediums made available through or in connection with the Services (collectively, the “Discussion Areas”) or with respect to any information or materials contained in the Discussion Areas. Your use of, or reliance upon, any such information or materials is at your sole risk.
11.2. All information, content or materials you post to a Discussion Area must comply with the EKAYAA Terms. EKAYAA has no obligation to monitor the Discussion Areas, but may do so at its discretion and may delete, move or edit any information, content or material posted by you in the Discussion Areas.
12.1. Notices from us.
We may provide you with notices in any of the following methods: (a) via the Tridasha Platform, including by a banner or pop-up in the Tridasha Platform, your Account or elsewhere; (b) by email, sent to the email address you provided to us; and (c) through any other means, including any phone number or physical address you provided to us. EKAYAA’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
12.2. Notices from you.
You may only give notice to us in writing sent to our designated email address and we shall be deemed to have received such notice only upon receipt.
Notices to EKAYAA must be sent exclusively to email@example.com
13. Disclaimer of Warranties
13.1. No representations or warranties.
The Tridasha Platform and/or Services are provided on an “as is” and “as available” basis. All data and/or information contained in the Tridasha Platform and/or the Services are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third-party rights, title, merchantability, satisfactory quality or fitness for a particular purpose are given in conjunction with the Tridasha Platform and the Services. Without prejudice to the generality of the foregoing, we do not warrant:
a. the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Tridasha Platform, the Services or User Catalog;
b. that the Tridasha Platform or the Services will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected;
c. that the Tridasha Platform or the Services are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros. You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks; or
d. the security of any information transmitted by you or to you through the Tridasha Platform or the Services; or
e. that the Tridasha Platform or the Services will meet your business needs and/or expectations.
14. Reporting of Copyright Infringement
14.1. If anybody believes that any User has copied or otherwise used their work in a way that constitutes copyright infringement, please contact us on firstname.lastname@example.org.
14.2. Upon receiving such a notice, we may remove or disable access to the allegedly infringing User Content. Once provided with a notice of takedown, you can reply with a counter notification to object to the complaint. The original complainant has fourteen (14) days after we receive a counter notification to seek a court order restraining the User from engaging in the infringing activities, otherwise we will restore the relevant User Content.
15. Limitation of Liability
15.1. EKAYAA, its officers, directors, employees and agents shall not be liable to you or the End User for any loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever even if EKAYAA has been advised of the possibility of such damage, including any damages resulting from (1) any access, use or inability to use the Tridasha Platform or the Services; (2) errors, mistakes or inaccuracies of or in any content (including User Content) made available through the Tridasha Platform and/or through the Services; (3) any unauthorised access to or use of our servers and/or any personal information and/or other information stored herein; (4) any interruption or cessation of transmission to or from the Services; or (5) your use of the Third-Party Services or use of or access to any other website linked to the Tridasha Platform.
15.2. EKAYAA shall not accept any liability arising out of any disruption or non-availability of the Tridasha Platform or the Services due to external causes including, but not limited to, Internet Service Provider (“ISP”) equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
16.1. You agree to defend, indemnify and hold harmless EKAYAA, our officers, directors, shareholders, employees, affiliates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs (including attorney fees) arising from (a) your breach of any term of the EKAYAA Terms; (b) your breach of any third-party right, including any copyright, property, or privacy right, resulting from your User Catalog or User Content and your use of the Services or Tridasha Platform; and (c) any other type of claim discussing alleged damages caused by your User Catalog and/or User Content to a third party.
16.2. In addition, EKAYAA may use whatever information that is available about you to stop any such breach of the EKAYAA Terms, any unlawful or inappropriate use of the Tridasha Platform and Services, including informing any third party we deem appropriate of such breach or use and/or disclosing your personal information to such third party.
You acknowledge and agree that we may, in our sole discretion, amend the EKAYAA Terms at any time by posting the relevant amended and restated EKAYAA Terms on the Tridasha Platform and such amendments to the EKAYAA Terms are effective as of the date of posting. You should check these EKAYAA Terms periodically for, and read carefully, any such amended EKAYAA Terms. In the event of any conflict between the current version of EKAYAA Terms and any previous version(s), the provisions that are current and in effect shall prevail unless it is expressly stated otherwise. Your continued use of the Tridasha Platform and/or Services after such date constitutes your unrestricted agreement to, and acceptance of, the amended EKAYAA Terms. If you do not agree to any changes to the EKAYAA Terms, you must stop accessing or using the Tridasha Platform and the Services.
17.2. Acknowledgement of Acceptance.
By clicking “Accept”, “Agree”, “Submit”, “Sign up” or “Continue” or taking any other action signifying your assent when prompted in relation to the Services or any transaction on the Tridasha Platform, you shall be deemed to have read, understand and agree to the terms and conditions of such Services or, and such act of clicking “Accept”, “Agree”, “Submit”, “Sign up” or “Continue” or taking any other action signifying your assent shall also constitute an acceptance.
17.3. Governing Law.
Use of the Tridasha Platform and/or the Services and the EKAYAA Terms will be governed by and construed in accordance with the laws of India and you hereby submit to the exclusive jurisdiction of the Indian courts.
17.4. Entire Agreement.
The EKAYAA Terms constitute the entire agreement between you and EKAYAA and govern your use of the Tridasha Platform and the Services, superseding any prior understandings, communications and agreements between you and EKAYAA (including but not limited to, any prior versions of the EKAYAA Terms).
17.5. No waiver.
No waiver of any breach or default of any provisions of the Terms of Service shall be deemed to be a waiver of any preceding or subsequent breach or default.
If any provision of the Terms of Service is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remain provisions of the Terms of Service.
17.7. Sub-contracting and delegation.
We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Tridasha Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
17.8. Binding and conclusive.
You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Tridasha Platform and/or Services will be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you.
You may not assign your rights under these Terms of Service without our prior written consent which EKAYAA may refuse in its sole discretion. Any attempt by you to assign your rights under the Terms of Service without EKAYAA’s prior explicit and written consent will be null and void. We may assign our rights under these Terms of Service to any third party.
17.10. Third-Party Rights.
A person who is not a party to this User Agreement shall not have or acquire any right to enforce any term of the EKAYAA Terms (including, but not limited to, any right to enforce or have the benefit of any exclusion or limitation of liability contained in this User Agreement). This Clause shall override any other provision in the EKAYAA Terms that is or may be inconsistent with it.
17.11. Force Majeure.
We will not be liable to you or any third party for any failure by us to perform our obligations under the Terms of Service in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including an act of war or terrorism, natural disaster, failure of electricity supply, pandemic, riot, civil disorder or other event of force majeure.
19. SCHEDULE 1 - DEFINITIONS AND INTERPRETATIONS
1.1. “Account” or Tridasha Account”
means an account you have on the Tridasha Platform with EKAYAA for the purpose of using the Services.
means a company that is a direct or indirect subsidiary of EKAYAA CONSULTING PRIVATE LIMITED or otherwise related to EKAYAA through common ownership or control.
1.4. “Authorised Payment Source”
means a credit card, debit card, bank account, e-wallet or such other mode of payment you authorise EKAYAA’s nominated payment gateway to deduct all Fees, charges and expenses relating to your Account and/or use of the Tridasha Platform when you create your Account.
1.5. “Business Partner”
includes business associates, or any party who introduces or refers you to the Tridasha Platform and/or the Services.
includes, but is not limited to, texts, photographs, images, illustrations, audio clips, video clips, files, photographs, logo’s, slogans or any other material that is published on the Tridasha Platform.
1.8. “Delete” or “Deletion”
refers to deletion of Account along with User Profile, User Contents, User Products, User Collections & User Catalog.
1.9. “Discussion Forums and Other Social Interactions
means any forums, blogs, private messages, emails or other electronic mediums made available through or in connection with the Services, either on the Tridasha Platform, social media or other channels used by EKAYAA from time to time.
1.10. “Disruption of Service”
includes an inability on the part of the User to manage User Profile, User Products, User Collections and to manage and/or share User Catalogs including User Content.
1.11. “End User”
means visitors and users of your User Catalog, chat or social channels.
means the fees, as determined by EKAYAA in its sole discretion, applicable to your use of the Services.
means the document issued by EKAYAA for the payment of Fees.
1.15. “Payment Due Date”
means the due date indicated in the Invoice issued by EKAYAA for the payment of Fees.
1.16. “Tridasha Platform”
means (a) both the web and mobile versions of the websites operated and/or owned by EKAYAA, which include the following URLs and their subdomains: www.Tridasha.com, www.Tridasha.in, and (b) any mobile applications made available from time to time by EKAYAA, including the iOS and Android versions.
1.17. “Processing Fees”
means fees charged on overdue Invoices not paid within the Payment Due Date.
1.18. “Prohibited Product”
means any product, content or services set out in in Schedule 2 (“Prohibited Product List”) or otherwise prohibited from being posted, promoted or sold through the Tridasha Platform or the Services.
means the services, information and functions made available by us at the Tridasha Platform.
1.20. “EKAYAA”, “we”, “our”, and “us”
means the company, EKAYAA CONSULTING PRIVATE LIMITED, an Indian company with registered address at E5-006, Rohan Mithila 2, New Airport Road,Near Sanjay Park,
Pune, Pune, Maharashtra, 411014 and its Affiliates.
1.21. “Tridasha Platform”
means the Platform developed, managed and hosted by EKAYAA CONSULTING PRIVATE LIMITED.
1.22. “Subscription Model”
Subscription Plan model with recurring payments at regular chosen tenures. Plans are charged at a fixed subscription price.
means all applicable taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities.
1.24. “Third-Party Services”
means third-party software, applications, products and services that we make available through the Tridasha Platform and/or Services.
means the trademarks, service marks, trade names and logos used and displayed on the Tridasha Platform.
1.26. “User” or “you”
means each visitor or user of the Tridasha Platform and/or Services, including additional individuals for whom you provide access through Multi-User functionality.
1.27. “User Agreement”
means the agreement between you and EKAYAA CONSULTING PRIVATE LIMITED and its Affiliates regulating the use of the Tridasha Platform and the Services, which shall be considered valid and in force as of your acceptance of our Terms of Service.
1.28. “User Content”
means any data and images that is uploaded on the Tridasha Platform.
1.29. “User Product”
means any product created by you on the Tridasha Platform and/or using our Services.
1.30. “User Collection"
means any collection created by you on the Tridasha Platform and/or using our Services.
1.31. “User Catalog"
means any catalog created by you on the Tridasha Platform and/or using our Services.
2.1. Whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”.
2.2. Unless expressly indicated otherwise, all references to a number of days mean calendar days and the words “months” or “monthly” as well as all references to a number of months means calendar months.
2.3. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Service.
2.4. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Service, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in EKAYAA’s favour and the provision which is more favourable to EKAYAA shall prevail.
20. SCHEDULE 2 - PROHIBITED PRODUCT LIST
1. Adult goods and services which includes pornography and other sexually suggestive materials (including literature, imagery and other media); escort or prostitution services.
2. Body parts which include organs or other body parts.
3. Bulk marketing tools including email lists, software or other products enabling unsolicited email messages (spam).
4. Cable descramblers and black boxes including devices intended to obtain cable and satellite signals for free.
5. Child pornography which includes pornographic materials involving minors.
6. Copyright unlocking devices including Mod chips or other devices designed to circumvent copyright protection.
7. Copyrighted media including unauthorised copies of books, music, movies, and other licensed materials.
8. Copyrighted software which includes unauthorised copies of software, video games and other licensed or protected materials, including OEM or bundled software.
9. Counterfeit and unauthorised goods which include replicas or imitations of designer goods; items without a celebrity endorsement that would normally require such an association, fake autographs, counterfeit stamps and other potentially unauthorised goods.
10. Drugs and drug paraphernalia which include illegal drugs and drug accessories, herbal drugs like salvia and magic mushrooms.
11. Drug test circumvention aids which includes drug cleansing shakes, urine test additives and related items.
12. Endangered species which includes plants, animals or other organisms (including product derivatives) in danger of extinction.
13. Gaming/gambling which includes lottery tickets, sports bets, memberships/enrolment in online gambling sites, and related content.
14. Government IDs or documents which includes fake IDs, passports, diplomas, and noble titles.
15. Hacking and cracking materials which include manuals, how-to guides, information, or equipment enabling illegal access to software, servers, watomites, or other protected property.
16. Illegal goods which includes materials or products promoting illegal goods or enabling illegal acts.
17. Miracle cures which include unsubstantiated cures, remedies or other items marketed as quick health fixes.
18. Offensive goods which includes literature, products or other materials that: a) defame or slander any person or groups of people based on race, ethnicity, national origin, religion, gender, sexual orientation, or other factors b) encourage or incite violent acts; and/or c) promote intolerance or hatred.
19. Offensive goods which include crime scene photos or items, such as personal belongings associated with criminals.
20. Prescription drugs or herbal drugs or any kind of online pharmacies which includes drugs or other products requiring a prescription by a licensed medical practitioner.
21. Pyrotechnic devices and hazardous materials which includes fireworks and related goods; toxic, flammable, and radioactive materials and substances.
22. Regulated goods which includes air bags; batteries containing mercury; Freon or similar substances/refrigerants, chemical/industrial solvents, government uniforms, car titles or logos, license plates, police badges and law enforcement equipment, lock-picking devices, pesticides; postage meters, recalled items, slot machines, surveillance equipment; goods regulated by government or other agency specifications.
23. Securities, which includes stocks, bonds, or related financial products.
24. Tobacco and cigarettes including cigarettes, cigars, chewing tobacco, e-cigarettes and related products.
25. Traffic devices including radar detectors/jammers, license plate covers, traffic signal changers, and related products.
26. Weapons which include firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.
27. Wholesale currency including discounted currencies or currency exchanges.
28. Live animals or hides, skins, teeth, claws and other parts of animals.
29. Multi-Level marketing collection fees.
30. Matrix sites or sites using a matrix scheme approach.
31. Work-at-home information.
32. Any other products or services which are not in compliance with applicable laws and regulations in which your business is located.