TERMS OF SERVICE AGREEMENT
LAST REVISION: [22-12-2020]
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.equiivalence.com (the "Website"), Equiivalence ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Equiivalence reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Equiivalence will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Equiivalence encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Equiivalence for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
TERMS OF OFFER - This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or direct Equiivalence sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Equiivalence and its designated in house or third party call team(s).
Opt Out Procedure: We provide 2 easy ways to opt out of from future solicitations.
1. You may use the opt out link found in any email solicitation that you may receive.
2. You may also choose to opt out, via sending your email address to: email@example.com with
PROPRIETARY RIGHTS - Equiivalence has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Equiivalence. Equiivalence also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
SALES TAX - If you purchase any Products, you will be responsible for paying any applicable sales tax.
CONTENT; INTELLECTUAL PROPERTY; THIRD PARTY LINKS - In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about it’s products and services. Equiivalence does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Equiivalence] does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. Equiivalence does not endorse the contents on any such third-party websites. Equiivalence is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
USE OF WEBSITE - Equiivalence is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will
(1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property),
(2) not interfere with or disrupt the use and enjoyment of the Website by other users,
(3) not resell material on the Website,
(4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and
(5) not defame, harass, abuse, or disrupt other users of the Website
LICENSE- By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from Equiivalence or the applicable third party (if third party content is at issue).
POSTING - By posting, storing, or transmitting any content on the Website, you hereby grant Equiivalence a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Equiivalence does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Equiivalence is not liable for any damage or harm resulting from any posts by or interactions between users. Equiivalence reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Equiivalence deems objectionable, in Equiivalence’s sole discretion.
III. DISCLAIMER OF WARRANTIES
Your use of this website and/or products are at your sole risk. The website and products are offered on an "as is" and "as available" basis. Equiivalence expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. ("products" include trial products.)
Without limiting the generality of the foregoing, Equiivalence makes no warranty:
That the information provided on this website is accurate, reliable, complete, or timely.
That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
As to the results that may be obtained from the use of the products or that defects in products will be corrected.
Regarding any products purchased or obtained through the website.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
IV. LIMITATION OF LIABILITY
Equiivalence entire liability, and your exclusive remedy, in law, in equity, or othwerwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for equiivalence will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from,
(1) the use or the inability to use the website content or products;
(2) the cost of procuring substitute products or content;
(3) any products purchased or obtained or transactions entered into through the website; or
(4) any lost profits you allege.
You will release, indemnify, defend and hold harmless Equiivalence, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement;
(2) the Website content or your use of the Website content;
(3) the Products or your use of the Products (including Trial Products);
(4) any intellectual property or other proprietary right of any person or entity;
(5) your violation of any provision of this Agreement; or
(6) any information or data you supplied to Equiivalence. When Equiivalence is threatened with suit or sued by a third party, Equiivalence may seek written assurances from you concerning your promise to indemnify Equiivalence; your failure to provide such assurances may be considered by Equiivalence to be a material breach of this Agreement. Equiivalence will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Equiivalence choice at its expense. Equiivalence will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Equiivalence against any claim, but you must receive Equiivalence’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
FORCE MAJEURE - Equiivalence will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
CESSATION OF OPERATION - Equiivalence may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
ENTIRE AGREEMENT - This Agreement comprises the entire agreement between you and Equiivalence and supersedes any prior agreements pertaining to the subject matter contained herein.
EFFECT OF WAIVER - The failure of Equiivalence to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
GOVERNING LAW; AHMEDABAD, STATE LAW OF GUJARAT - This Website originates from the Ahmedabad, Gujarat. This Agreement will be governed by the laws of the State Law of Gujarat without regard to its conflict of law principles to the contrary. Neither you nor Equiivalence will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Gujarat. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
STATUTE OF LIMITATION - You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
WAIVER OF CLASS ACTION RIGHTS - BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
TERMINATION - Equiivalence reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Equiivalence may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Equiivalence reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Equiivalence chooses, in its sole discretion and without advance to you, to terminate it.
DOMESTIC USE - Equiivalence makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
You may not assign your rights and obligations under this Agreement to anyone. Equiivalence may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
a. This Website with the URL of www.equiivalence.com ("Website/Site") is operated by Equiivalence ("We/Our/Us"). We are committed to protecting and respecting your privacy. We do collect your personal information and process your personal data in accordance with the IT Act, 2000 (21 of 2000) and other national and state laws which relate the processing of personal data. Please read the following carefully to understand our views and practices regarding your personal data.
b. We collect your personal information in order to provide and continually improve our products and services.
d. All partner firms and any third-party working with or for Us, and who have access to personal information, will be expected to read and comply with this policy. No third party may access or process sensitive personal information held with us without having first entered into a confidentiality agreement.
2. HOW WE COLLECT THE INFORMATION
a. From you directly and through this Site: We may collect information through the Website when you visit. The data we collect depends on the context of your interactions with our Website.
b. Through business interaction: We may collect information through business interaction with you or your employees.
c. From other sources: We may receive information from other sources, such as public databases; joint marketing partners; social media platforms; or other third parties such as:
I. Updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily.
II. Information about your interactions with the products and services offered by our subsidiaries.
3. INFORMATION WE COLLECT
a. We collect information to provide better services to all of our customers.
b/ We collect the following from you when you use or signup on our Website:
First Name & Last Name, Email Address, Phone Number, Address, State, Province, ZIP/Postal Code, City, others.
c. When you visit our Site, some information is automatically collected. This may include information such as the Operating Systems (OS) running on your device, Internet Protocol (IP) address, access times, browser type, language, and the website you visited before our Site. We also collect information about how you use our products or services.
d. We automatically collect purchase or content use history, which we sometimes aggregate with similar information from other customers to create features such as Best Seller, Top Rated, etc.
e. The full Uniform Resource Locators (URL) click stream to, through and from our website (including date and time); cookie number; products and/or content you viewed or searched for; page response times; download errors; length of visits to certain pages; page interaction information (such as scrolling, clicks, and mouse-overs).
g. Most Web browsers are set to accept cookies by default. If you prefer, you can choose to set your browser to remove cookies and to reject cookies. If you set your browser to reject cookies, some features will be unavailable. For more information on how to reject cookies, see your browser’s instructions on changing your cookie settings.
h. By using the Website, you are agreeing that We may advertise your feedback on the Website and marketing materials.
i. We will retain your information as long as we require this to provide you with the good and services and for such period as mandated by the concerned laws.
4. HOW WE USE INFORMATION
a. We use the information we collect primarily to provide, maintain, protect and improve our current products and services.
b. We use the information collected through this website as described in this policy and we may use your information to:
I. Improve our services, Site and how we operate our businesses;
II. Understand and enhance your experience using our Site, products and services;
III. Personalize our products or services and make recommendations;
IV. Provide and deliver products and services you request;
V. Process, manage, complete, and account for transactions;
VI. Provide customer support and respond to your requests, comments, and inquiries;
VII. Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages;
IX. Communicate with you about promotions, upcoming events and news about products and services;
X. We may process your personal information without your knowledge or consent where required by applicable low or regulation for the purposes of verification of identity or for prevention, detection or investigation, including of cyber incidents, prosecution and punishment of offenses;
XI. Protect, investigate and deter against fraudulent, unauthorized or illegal activity.
5. DATA TRANSFER
a. Information about our user is an important part of our business and we take due care to protect the same.
b. We share your data with your consent or to complete any transaction or provide any product or service you have requested or authorized. We also share data with our affiliates and subsidiaries, with vendors working on our behalf.
c. We may empty other companies and individuals to perform functions on our behalf. The functions include fulfilling orders for products or services, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring credit risk, and providing customer service.
e. We release account and other personal information when we believe is appropriate to comply with the law, enforce or apply our conditions of use, and other agreements, protect the rights, property or safety of us, our users and others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
I. Keeping track of items stores in your shopping basket.
II. Conducting research and diagnostics to improve the content, products, and services.
III. Preventing fraudulent activity.
IV. Improving security.
b. Our cookies allow you to take advantage of some of our essential features. For instance, if you block or otherwise reject our cookie, you will not be able to add items to your shopping basket, proceed to checkout, or use any products or services that require you to sign in.
c. Approved third parties also may set cookies when you interact with our services.
d. Third parties include search engines, providers of measurement and analytics services, shipping companies, social media networks, and advertising companies.
7. DATA SECURITY
a. We take due care to protect customer data. Technical measures are in place to prevent unauthorized or unlawful access to data and against accidental loss or destruction of, or damage to, data. The employees who are dealing with the data have been trained to protect the data from any illegal or unauthorized usage.
b. We work to protect the security of your information during transmission by using Secure Sockets Locker (SSL) software, which encrypts Information you input. SSL allows sensitive information such as credit card numbers, UID’s and login credentials to be transmitted securely.
c. We maintain physical, electronic, and procedural safeguards in connection with the collection, storage, and disclosure of personal customer information.
d. We take reasonable steps to help protect your personal information in an effort to prevent the loss, misuse, and unauthorized access, disclosure alteration and destruction. It is your responsibility to protect your user names and passwords to help prevent anyone from accessing or abusing your accounts and services. You should not use or reuse the same passwords you use with other accounts as your password for our services.
e. It is important for you to protect against unauthorized access to your password and your computers, devices, and applications. Be sure to sign off when you finish using a shared computer.
f. Information you provide to us is shared on our secure servers. We have implemented appropriate physical, technical and organizational measures designed to secure your information against accidental loss and unauthorized access, use, alteration or disclosure. In addition, we limit access to personal data to those employees, agents. Contractors, and other third parties that have a legitimate business need for such access.
g. Information collected from you will be stored for such period as required to complete the transaction entered into with you or such period as mandated under the applicable laws.
8. LINKS TO THIRD PARTY SITE/APPS
9. SOCIAL NETWORK PLUGINS
This Website incorporates plugins and/or buttons for social networks, in order to allow easy sharing on your favorite social networks. These plugins are programmed so as not to set any cookies when assessing the page to safeguard the privacy of users. Cookies may be set, if you make voluntary use of the plugin. The collection and use of information obtained by means of the plugin are governed by the respective privacy policies of the social networks.
10. SHARING OF PERSONAL INFORMATION
a. We do not share your personal data with third parties without your prior consent other than:
I. With third parties who work on our behalf provided such third parties adhere to the data protection principles set out in the IT Act, 2000 (21 of 2000) and other applicable legislation, or enter into a written agreement with us requiring that the third party provide at least the same level of privacy protection as is required by such principles;
II. To comply with laws or to respond to lawful requests and legal process.
IV. In an emergency, including to protect the personal safety of any person; and
V. For the purpose of a business deal (or negotiation of a business deal) involving the sale or transfer of all or a part of our business or assets (business deals may include, for example, any merger, financing, acquisition, divestiture or bankruptcy transaction or proceeding).
If you are under 18, or the age of maturity in the the jurisdiction in which you reside, you may only use our Website which the consent of your parent or legal guardian. In any case, we will not be liable for any cause of action that arose due to non-compliance with this section.
12. YOUR INFORMATION CHOICES AND CHANGES
a. You can also make choices about the collection and processing of your data by us. You can access your personal data and opt-out of certain services provided by us. In some cases, your ability to control and access to your data with be subject to applicable laws.
b. You may opt-out of receiving promotional emails from us by following instructions in those emails or writing us at firstname.lastname@example.org. If you opt-out, we may still send you non-promotional emails, such as emails about our ongoing business relationship. You may also send requests about your preferences, changes and deletions to your information including requests to opt-out of sharing your personal information with third parties by sending an email on email@example.com.
13. CHANGES TO THIS POLICY
We may change this policy from time to time. If we make any changes to this policy, we will change the “Last Updated” date above. You agree that your continued use of our services after such changes have been published to our services will constitute your acceptance of such revised policy.
14. CONTACT US
Equiivalence, 303, Shyam Residency, Opp. Dhananjay Bungalow, Shyamal, Satellite, Ahmedabad, Gujarat-380015, India