Terms & Conditions

Terms of use

ww.dravidamala.in - Website Terms of Use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THE SITE

1. The site and platform

1.1 You may buy products from our online stores by placing online orders and get the products delivered to your doorstep.

1.2 Your use of the Site will be subject to these terms of use (“the Terms of Use”) (together with the documents referred to in them).

1.3 By using the Site, you confirm that you accept the Terms of Use and that you agree to comply with them.

1.4 If you do not agree to the Terms of Use, you must not use the Site/Platform

2. Other applicable terms

2.1 The Terms of Use refer to the following additional terms and policies, which also apply to your use of the Site:

(a) Our Privacy Policy sets out the terms on which we process any personal data we collect from you or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

(b) Our Cookie Policy, which sets out information about the cookies on our Site.

2.2 In the event of any inconsistency between any of these terms, they are to be read with the following clauses taking priority in order: the Terms of Use, the Privacy Policy, and the Cookie Policy.

3. Information about us

3.1 The Site is owned and operated by JCOMMERCE TECHNOLOGIES PRIVATE LIMITED (JCOMMERCE) (referred to as “DRAVIDAMALA” "we", "our", or "us")].

3.2 JCOMMERCE TECHNOLOGIES PRIVATE LIMITED (JCOMMERCE) is a Private Limited Company promoted by Mr.JACKSON JAYASON and is incorporated under the Companies Act, 2013 having its registered office at Jayme Cottage, Chittattumukku P O Kadinamkulam Thiruvananthapuram- 695301.

DRAVIDAMALA is an E-Commerce platform where vendors from across the globe can register their products in various categories such as

A. Grocery & Food: Spices, Pulses, Cereals, Flours, Dry fruits and Nuts, Chips and other homemade snacks, Home Made Candy & Chocolate, Snacks Gifts Veg Food Items (Tea Leaf,Coffee bean, Home Made Pickles, Flavoured Honey, Fruit Syrups and other yummy dishes. Etc.) and organic product such as Jaggery, Virgin Coconut Oil, Natural honey etc.

B. Cosmetics, Handy Crafts: Chemical free bath Soaps,Shampoos, Agarbathis, Ayurvedic Beauty Products, Any handy crafts that promote Go Green ideology etc.

C. Dairy Products: Pure Cow Ghee, Homemade Ghee, and other Dairy products with an expiry date.

D. Handloom Clothing: Kanchipuram Silk, Banaras Silk, Indian Made Khadi Dress etc.

Any products that are chemical free can be promoted by the Vendors under specific categories on DRAVIDAMALA the E-Commerce platform.

4. Changes to these terms

4.1 We may revise these Terms of Use at any time by amending this page.

4.2 Please check this page from time to time to take notice of any changes we have made, as they are binding on you.

5. Acceptable Use

The Customer/client/buyer or Vendor shall not use this Service in any way that causes, or may cause, damage to the Service or impairment of the availability or accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

5.1 The customer/client/buyer or Vendor shall not be permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms.

5.2 The customer/client/buyer or Vendor shall not use this Service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

5.3 The customer/client/buyer shall not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Online Stores Service without the express written consent of DRAVIDAMALA.

6. Intellectual property rights

6.1 JCOMMERCE owns or is the licensee of all intellectual property rights in the Site, and other material advertised, licensed, or sold on the Site unless otherwise stated.

6.2 You agree not to modify, reproduce, copy, distribute, disclose to third parties or derive any unlicensed benefit from the intellectual property in any material on the Site without our prior written permission.

6.3 No part of the Site and content (including text or literature as wells marks, photographs/audio-video or print media content made available on DRAVIDAMALA may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

6.4 Except for the limited usage rights expressly granted under this Agreement, nothing in this terms grants, by implication, waiver, estoppel, or otherwise, to the user or any third party any intellectual property rights or other rights, title, or interest in or to any of our intellectual property rights.

6.5 The User acknowledges the validity of the Intellectual Property Rights on the Content made available on www.dravidamala.com, DRAVIDAMALA Trademarks, and the JCOMMERCE's ownership of the Intellectual Property Rights on the Content, Trademarks, and the goodwill pertaining thereto and agrees that the benefit of and goodwill associated with use of the Trademarks by the User will inure entirely for the benefit of the JCOMMERCE.

6.6 The Users will cooperate with the JCOMMERCE for the purpose of protecting, preserving, and enhancing the Trademarks and its interest in them and in furtherance of such obligations, the User will promptly execute and deliver to the Licensor all documents and instruments that the JCOMMERCE, acting reasonably, determines are necessary or prudent from time to time.

6.7 The User will not itself and will not assist, permit, or encourage any third party to:

6.7.1 attack or challenge the validity, ownership, or enforceability of the Intellectual Property Rights on the Content, Trademark, or the Licensor’s rights relating to Trademarks or Intellectual Property Rights on the Content.

6.7.2 claim, use, or apply to register, record or file any Intellectual Property Rights on the Content, trademark, trade name, business name, corporate name, domain name, social media user name, email address, metatag, Adwords, or similar search term, copyright, or design that is identical with, confusingly similar to, clearly derived from or based on or that includes the Trademark; or

6.7.3 use the Intellectual Property Rights/Trademark in a manner that is likely to depreciate or cause material harm to the goodwill attached to any of the Marks.

7. Trademarks

7.1 "DRAVIDAMALA" or the DRAVIDAMALA logo are JCOMMERCES trademarks and may not be used without prior written permission from DRAVIDAMALA by the Users.

8. Limitation of liability

8.1 It is agreed and acknowledged by you that:

(a) the content provided on the Site is intended as general information on products offered by our registered vendors for marketing their products only;

(b) the Site has not been developed to meet your requirements;

(d) the Site may from time to time be wholly or partially unavailable, inaccessible, or subject to interruption, and we do not guarantee their availability.

8.2 We will not in any circumstances be liable to you or to any third party, for any claim (whether in contract, tort (including negligence), breach of statutory duty or otherwise) arising under these Terms of Use or in connection with your using the Site, for any loss, damage, cost, or expense and including any:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(d) loss or corruption of data or information;

(e) malware, viruses, worms, or like software that may damage your computer systems or equipment or other property due to your having accessed the Site;

(f) loss of business opportunity, goodwill or reputation; or

(g) any special, indirect, incidental or consequential loss, damage, costs, or expense of any kind or nature, even if foreseeable or if we have been advised of their possibility.

8.4 Nothing in the Terms of Use will limit or exclude our liability for:

a) death or personal injury resulting from our negligence;

b) fraud or fraudulent misrepresentation; or

8.5 Save as set out in the documents identified in clause 2.1 as applicable, these Terms of Use set out the full extent of our obligations and liabilities in respect of the provision of the Site. Except as expressly stated in the Terms of Use, there are no other conditions, warranties, representations or terms, express or implied, which are binding on us. Any condition, warranty, representation or other term concerning the provision of or access to the Site which might otherwise be implied into, or incorporated into, the Terms of Use whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

8.6 You recognize the general nature of the Site and our lack of control of how and for what purposes the contents of the Site are used by you.

8.7 You indemnify us (on demand) against and will be responsible for each loss, liability, or cost incurred as a result of any claim by any person against us which arises as a result of you using the Site.

9. Events outside our control

9.1 Further to the exclusions set out in the Terms of Use, it is agreed that we will not be liable or responsible for any failure to perform, or delay in performing, any of our obligations under the Terms of Use which is caused by an Event Outside Our Control, as defined in clause 9.2.

9.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure of public or private telecommunications networks or Courier services which are two key ingredients of online stores.

9.3 If an Event Outside Our Control takes place that affects the performance of our obligations under the Terms of Use:

(a) our obligations under the Terms of Use will be suspended, and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and

(b) we will use our reasonable endeavors to find a solution by which our obligations under the Terms of Use may be performed despite the Event Outside Our Control.

10. Viruses

10.1 We do not guarantee that the Site will be secure or free from malware, viruses, worms, or software that may damage your computer systems. You should use your own protection software in respect of the same.

10.2 You are responsible for configuring your information technology, computer programs, and platform in order to access the Site.

11. Linking to the site

11.1 You may link to our home page, provided you do so in a way that is fair and does not damage our reputation or take advantage of it.

11.2 The Site must not be framed on any other website, nor may you create a link to any part of the Site other than the home page.

12. Third party links and resources on the site

12.1 Where the Site contains links to other Site and resources provided by third parties, these links are provided for information and advertisement purposes only.

12.2 We have no control over the contents of those sites or resources and save as expressly set out, take no responsibility for their content.

13. Applicable law

13.1 The Terms of Use, their subject matter, and its formation (and any non-contractual disputes or claims), are governed by Indian Law and the parties irrevocably submit to the exclusive jurisdiction of the courts of Thiruvananthapuram, Kerala, India.

13.2 Each of the conditions of this Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

14. Miscellaneous

14.1 The above Terms and Conditions, Cookie Policy and the Privacy Policy shall bind all parties and constitute the entire agreement of the parties and prevail in any and all prior and existing contracts between us.

14.2 We reserve the right, at our own discretion to modify or replace any part of these Terms and Policies. It is your responsibility to check the Policies and Terms & Conditions periodically for changes. Your continued use of Site or access to the Platform following the posting of any changes to the Policies or Terms & Conditions constitutes acceptance of those changes. We may also, in the future offer new services and/or features through our Site/Platform. Such new features and/or services shall be subject to the updated/revised Policies and Terms & Conditions.

15. Accessing our site

15.1 Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice.

15.2 You are responsible for making all arrangements necessary for you to have access to the Site.

16. Feedback

As a part of the Continuous Improvement Process if you have any comments or suggestions to any parts of these terms and conditions, you write to us at hello@dravidamala.com.

DRAVIDAMALA Terms of Use dated 01.03.2021

Vendor Specific Terms of Use

You may register with us as a Vendor for selling your products. You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information about products that

(a) you don’t deal with or to which you does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing;

(d) is patently offensive to the online stores, such as content that promotes obscenity, racism, hatred, or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;

(g) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];

(h) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(i) contains video, photographs, or images of another person without their permission (with a minor or an adult).

(j) tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(k) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, DRAVIDAMALA's prior written consent means a communication coming from JCOMMERCE, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

(l) violates any law for the time being in force;

(m) Deceives or misleads the addressee/ customers/clients or buyers about the products listed on this website or communicates any information which is grossly offensive or

(n) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;

(o) Shall not be false, inaccurate, or misleading;

(p) shall not, directly or indirectly, offer, attempt to offer, trade, or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(q) shall not create liability for DRAVIDAMALA or cause DRAVIDAMALA to lose (in whole or part) customer/clients/buyers or other suppliers;

(r) You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

(s) You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to this E-Commerce Platform, or any other customer/client/buyer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.

(t) You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by DRAVIDAMALA including the term DRAVIDAMALA, or otherwise engage in any conduct or action that might tarnish the image or reputation, of DRAVIDAMALA or other vendors on the platform or otherwise tarnish or dilute any DRAVIDAMALA's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.

(u)You shall not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of DRAVIDAMALA and/or others.

(v) You shall at all times ensure full compliance with the applicable provisions of the rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws, Statutes, Ordinances and Regulations regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services.

(w) You shall not use any information obtained from DRAVIDAMALA Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than through Us without Our prior explicit consent.

DRAVIDAMALA shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through person directly or indirectly, intentionally or unintentionally. If you have any comments or suggestions to any parts of this Vendor's terms and conditions, you write to us at hello@dravidamala.com.

DRAVIDAMALA Vendor Terms of Use dated 01.03.2021

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