This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of shop.esveeatelier.com
Your use ofshop.esveeatelier.com is governed by the following terms and conditions (“Terms of Use”) as applicable including the applicable policies which are incorporated herein by way of reference.
By registering, accessing, making use of shop.esveeatelier.com, You shall be contracting with M/s. Esvee Atelier Private Limited, these terms and conditions including the policies constitute your binding obligations.
For this purpose, “You” shall mean any natural or legal person registering, browsing, accessing, usingshop.esveeatelier.com
For this purpose, “Third-Party or Third-Parties” shall mean any party other than M/s. Esvee Atelier Private Limited
The term “we”, “us”, “our” shall mean M/s. Esvee Atelier Private Limited. When You use any of the services provided through the You shall be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
TERMS OF USE
You agree, undertake and confirm that your use of shop.esveeatelier.com shall be strictly governed by the following binding principles: You hereby undertake and agree not to use shop.esveeatelier.com for
(a) harassing or advocating harassment of another person;
(b) transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming"
(c) promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(d) transmitting, sharing, uploading links of any 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 value of, surreptitiously intercept or expropriate any system, data or personal information
Policy for Non- Hosting, Non- Storage, Non- Publication of Unlawful Information- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022.- Part II- Rule 3 (a) (1) (b) – Due Diligence by Intermediary
M/s. Esvee Atelier Private Limited as an Intermediary herein informs You that it shall not host, display, upload, modify, publish, transmit, store, update or share any information that
belongs to another person and to which the user does not have any right
is obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
is harmful to child;
infringes any patent, trademark, copyright or other proprietary rights;
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature; impersonates another person
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
violates any law for the time being in force;
Due Diligence Policy – Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2022.- Part II- Rule 3 (1) (a) (m)-
M/s. Esvee Atelier Private Limited as an Intermediary shall take all reasonable measures to ensure accessibility of its services to users as part of due diligence protecting privacy, transparency. Further, M/s. Esvee Atelier Private Limited as an intermediary shall respect all the rights accorded to the citizens under the Constitution including Article 14, 19, 21
Policy for Non- Deployment of Technical Configuration of Computer Resource- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 – Due Diligence by Intermediary
Rule 3(k)- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021
M/s. Esvee Atelier Private Limited as an intermediary shall not knowingly deploy or install or modify technical configuration of its computer resource- shop.esveeatelier.comor become party to act that may change or has the potential to change the normal course of operation of its computer resource - shop.esveeatelier.comthan what it is supposed to perform thereby circumventing any law for the time being in force.
Further, M/s. Esvee Atelier Private Limitedmay develop, produce, distribute or employ technological means for the purpose of performing the acts of securing its computer resource- shop.esveeatelier.comand information contained therein;
Policy for Voluntary Removal of Information or Disabling of Access- Rule 3 (d)- (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary
M/s. Esvee Atelier Private Limited shall remove or disable access to any information, data, communication link as specified in Policy for Non- Hosting, Non- Storage, Non- Publication of Unlawful Information- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021- Part II- Rule 3 (1) (b) – Due Diligence by Intermediary on voluntary basis or on the basis of any grievances received thereof
Policy for Reporting Cyber Security Incidents- Rule 3 (l) (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary
M/s. Esvee Atelier Private Limitedshall report Cyber Security Incidents and share related information with the Indian Computer Response Team in accordance with the Policies and Procedures as mentioned in Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013 and CERT-IN Guidelines 2022
Policy for Assistance to Government Agencies- Rule 3 (j) (Information Technology (Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by Intermediary
M/s. Esvee Atelier Private Limited shall as soon as possible but not later than seventy-two hours of the receipt of an order, provide information under its control or possession, or assistance to the Government Agency which is lawfully authorised for investigative or protective or cyber securities activities, for the purposes of verification of identity, or for the prevention, detection, investigation, or prosecution, of offences under any law for the time being in force, or for cyber security incidents, however, such order shall be in writing clearly stating the purpose of seeking information or assistance, as the case may be
PROHIBITED USE
1. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of shop.esveeatelier.com, M/s. Esvee Atelier Private Limited or any Content, or in any way reproduce or circumvent the navigational structure or presentation of shop.esveeatelier.comorany Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through shop.esveeatelier.com. We reserve our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any portion or feature of shop.esveeatelier.com or any other systems or networks connected to shop.esveeatelier.comor to any server, computer, network, or through shop.esveeatelier.com by hacking, password“mining” or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of shop.esveeatelier.com or any network connected to shop.esveeatelier.com nor breach the security or authentication measures on shop.esveeatelier.com or any network connected to shop.esveeatelier.com. You may not reverse look-up, trace or seek to trace any information on any user of or visitor of shop.esveeatelier.com or exploit shop.esveeatelier.com or any information made available or offered by or through shop.esveeatelier.com 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 shop.esveeatelier.com.
4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name, domain name used by us including the terms shop.esveeatelier.com, M/s. Esvee Atelier Private Limited or otherwise engage in any conduct or action that might tarnish the image or reputation of shop.esveeatelier.com, M/s. Esvee Atelier Private Limited or otherwise tarnish or dilute any trade or service marks, trade name and/or goodwill associated with shop.esveeatelier.com, M/s. Esvee Atelier Private Limited owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the shop.esveeatelier.com’s systems or networks, or any systems or networks connected to shop.esveeatelier.com
5. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of shop.esveeatelier.com
6. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal, You send to us on or through shop.esveeatelier.com. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
7. You may not use shop.esveeatelier.com 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 M/s. Esvee Atelier Private Limited and / or others.
8. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations.
9. You may not transmit any chain letters or unsolicited commercial or junk email via shop.esveeatelier.com
10. It shall be a violation of these Terms of Use to use any information obtained from shop.esveeatelier.comin order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict your usage of shop.esveeatelier.com for a reasonable period which we deem appropriate in our sole discretion.
11. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information through the form made available on shop.esveeatelier.comas 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. In addition, 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 necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
12. We reserve the right, but have no obligation, to monitor the materials posted on shop.esveeatelier.com.
13. It is possible that any users or third-parties (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on shop.esveeatelier.com and that You may be involuntarily exposed to such offensive and obscene materials. We do not approve of such unauthorized use.
14. shop.esveeatelier.comshall 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 group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
16. You shall not gain or attempt to gain unauthorized access in whatsoever manner to shop.esveeatelier.com
CONTENTS POSTED The Content, text, graphics, interfaces, visual interfaces, photographs, images, pictures, trademarks, logos, and artwork relating to shop.esveeatelier.com shall be solely and exclusively owned by M/s. Esvee Atelier Private Limitedshop.esveeatelier.com may also contain description, images, content which is considered as third-party content.
shop.esveeatelier.comhereby acknowledges that such third-party content is owned by the respective owners.
LICENSE
We hereby provide a limited, non-exclusive, non- transferable, non- sub-licensable, revocable license to use the platform in consideration of the terms and conditions and policies of shop.esveeatelier.com. However, we shall reserve to terminate your license to use in case of any breach of these terms and conditions, policies of shop.esveeatelier.com
Nothing in this terms and conditions, policies of shop.esveeatelier.comshall be construed as granting any rights, title, interest with regard to the Intellectual Property relating to shop.esveeatelier.com
GENERAL OBLIGATIONS
You shall be obliged to provide accurate information while using shop.esveeatelier.com
You shall also adhere to the minimum age requirement i.e., 18 years as defined by the law of the land
You shall not engage in any activities mentioned in “PROHIBITED USE” (mentioned herein) either directly, indirectly or in whatsoever manner
PRIVACY We view protection of Your privacy as a very important principle. We understand clearly that You and Your Sensitive Personal Information is one of our most important assets. We store and process Your Sensitive Personal Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our Privacy Policy is available for more details.
THIRD-PARTYAPI’s/ LINKS
shop.esveeatelier.commay also be integrated with third-party API’s. However, in no event shall M/s. Esvee Atelier Private Limited hold any responsibility, liability in this regard.
LEGAL DISCLAIMER
shop.esveeatelier.com and all content, included on or otherwise made available to You thereof are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, M/s. Esvee Atelier Private Limited does not warrant that: -
shop.esveeatelier.com shall be constantly available, or available at all; or the information thereof, is complete, true, accurate or non-misleading.
M/s. Esvee Atelier Private Limited does not warrant that the NAME OF YOUR WEBSITE, information, Content, Images, Descriptions on or otherwise made available to You thereof, their servers; or electronic communication sent from us are free of viruses or other harmful components.
Nothing on shop.esveeatelier.com constitutes, or is meant to constitute, advice of any kind.
We disclaim any damages, liabilities, loss, claims including ANY SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION OR ARISING OUT OF YOUR USE OF NAME OF YOUR WEBSITE
OUR LIABILITY
We shall be liable for any technical and relative issue with regard to shop.esveeatelier.com. However, we shall hold no liability for unforeseen circumstances, force majeure events and situations beyond our control.
THIRD PARTY LIABILITY
The Third-Party shall be solely and exclusively liable for any and all issues arising out of third-party API’s, plugins, integrations connected to shop.esveeatelier.com.In no event shall M/s. Esvee Atelier Private Limited hold any liability for third-party issues or failure
YOUR LIABILITY
You shall be liable for all and all information provided by you upon while filling the details in the form made available on shop.esveeatelier.com
You shall be liable for any acts, actions, activities, commissions, omissions, misrepresentation, negligence arising out of your account or use of shop.esveeatelier.com
FORCE MAJEURE
In no event shall M/s. Esvee Atelier Private Limited be responsible for any failure to perform any services due to causes beyond its control, including but not limited to acts of God, war, and riot, acts of civil or military authorities, fire, floods or accident(s), pandemic & emergency situations etc.
INDEMNITY You shall indemnify and hold harmless M/s. Esvee Atelier Private Limited, its directors, agents, and employees, from any claim or demand, or actions made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
APPLICABLE LAW / JURISDICTION
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Hyderabad, India
DESCRIPTION M/s. Esvee Atelier Private Limited does not warrant that description or other content made available thereof is accurate, complete, reliable, current, or error-free and assumes no liability in this regard
LIMITATION OF LIABILITY IN NO EVENT SHALL M/s. Esvee Atelier Private Limited BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, and EVEN IF CLIENT HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
