BY CONTINUING USAGE OF THIS WEBSITE/MOBILE APPLICATION, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF USAGE OF THIS WEBSITE/MOBILE APPLICATION. PLEASE ENSURE THAT YOU READ AND UNDERSTAND ALL THESE TERMS AND CONDITIONS BEFORE YOU USE THE APPLICATION AND SERVICE OFFERINGS. IF YOU FIND ANY OF THESE TERMS AND CONDITIONS UNACCEPTABLE, DO NOT TENDER YOUR ACCEPTANCE TO USE THE APPLICATION OR AVAIL ANY OF ITS FEATURES. YOUR AGREEMENT TO THESE TERMS AND CONDITIONS SHALL OPERATE AS LEGALLY ENFORCEABLE BINDING CONTRACT BETWEEN YOU AND ECO WORKX.
ECO WORKX WEBSITE/MOBILE APPLICATION AND ITS SERVICES USAGE AGREEMENT (DEMAND)
This ECO WORKX WEBSITE/MOBILE APPLICATION AND ITS SERVICES USAGE AGREEMENT (this “Agreement”) contains the terms and conditions that govern your access to and use of the Service Offerings (as defined below) and is an agreement between Eco Workx Innovations LLP (“Eco Workx,” “we,” “us,” or “our”) and you or the entity you represent (“you” or “your”). This Agreement takes effect when you click an “I Accept” button or check box presented with these terms or, if earlier, when you use any of the Service Offerings (the “Effective Date”). This Agreement is an electronic record in terms of Information Technology Act, 2000 (“IT Act”) and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended from time to time. This Agreement is an electronic record generated by computer system and does not require any physical signature.
You represent and warrant to us that you are competent and possess legal capacity to enter into this Agreement (i.e. you have attained at least 18 years of age, you have capacity to enter into this agreement as per contract act). If you are entering into this Agreement for an entity, such as the company/partnership/proprietorship you work for, you represent to us that you have legal authority to bind that entity.
- Use of the Service Offerings.
1.1 Generally. You may access and use the Service Offerings in accordance with this Agreement. Order Level Agreements and Service Terms apply to certain Service Offerings. You will comply with the terms of this Agreement and all laws, rules and regulations applicable to your use of the Service Offerings.
1.2 Your Account. To access the Services, you must have to sign up and have an active Eco Workx account associated with valid details below mentioned, which may include without limitation personal information. Unless explicitly permitted by the Service Terms, you will only create one account per email address/mobile number.
- Full Name (Individual/Company/Partnership)
- Address (Registered Address, Branch Office Address, From Where order is booked)
- If Company (Name of Authorised Representative, Designation, Full Address of Place of Work)
- Contact Telephone Number (Landline)
- Contact Telephone Number (Mobile)
- Valid Address Proof (Aadhar Card, Incorporation Certificate, Registration Certificate)
- Bank A/c. Details for Transaction
1.3 You shall undertake and warrant that the information provided as described herein above to us is correct and valid. In case of any wrong information/impersonation/furnishing of wrong information, you shall be liable for consequences and you shall indemnify Eco Workx against any such loss, damage, consequences, which may have to be faced by Eco Workx due to such breach. In case it is found that the information provided is false, Eco Workx may terminate your account and deny access to the Web Portal/Mobile Application immediately without prejudice to any of the terms envisaged under this Agreement and Eco Workx may also initiate such actions against you as it may deem proper.
1.4 It shall be your responsibility to check and ensure that you download the correct Mobile Application for your device for desired Service Offerings. We are not liable if you do not have a compatible mobile device or if you have not downloaded the updated version or if you have downloaded a wrong version of the application for your mobile device.
1.5 In case of any unauthorized use of your account, you are to bring the same to our notice immediately at firstname.lastname@example.org.
1.6 We will not be liable for any unauthorized transactions made through your account prior to intimating us the same at email@example.com and being acknowledged by us.
2.1 To the Service Offerings. We may change or discontinue any or all of the Service Offerings or change or remove functionality of any or all of the Service Offerings from time to time. We will notify you of any material change to or discontinuation of the Service Offerings.
2.2 To the Order Level Agreements. We may change, discontinue or add Order Level Agreements from time to time.
- Your Responsibilities.
3.1 Your Accounts. Except to the extent caused by our breach of this Agreement, (a) you are responsible for all activities that occur under your account, regardless of whether the activities are authorized by you or undertaken by you, your employees or a third party (including your contractors, agents or End Users), and (b) we and our affiliates are not responsible for unauthorized access to your account.
3.2 Log-In Credentials and Account Keys. Eco Workx log-in credentials and private keys generated by the Services are for your internal use only and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your private key to your agents and subcontractors performing work on your behalf.
3.3 End Users. You will be deemed to have taken any action that you permit, assist or facilitate any person or entity to take related to this Agreement, your use of the Service Offerings. You are responsible for End Users’ use of the Service Offerings. You will ensure that all End Users comply with your obligations under this Agreement and that the terms of your agreement with each End User are consistent with this Agreement. If you become aware of any violation of your obligations under this Agreement caused by an End User, you will immediately suspend access to the Service Offerings by such End User. We do not provide any support or services to End Users unless we have a separate agreement with you or an End User obligating us to provide such support or services.
- Term; Termination.
4.1 Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated under this Section.
(a) Termination for Convenience. You may terminate this Agreement for any reason by providing us notice and closing your account for all Services or by stopping use of the same. We may terminate this Agreement for any reason immediately.
(b) Termination for Cause. By Either Party. Either party may terminate this Agreement for cause if the other party is in material breach of this Agreement.
4.3 Effect of Termination.
(a) Generally. Upon the Termination Date:
(i) all your rights under this Agreement immediately terminate;
(ii) you remain responsible for all fees and charges you have incurred through the Termination Date and are responsible for any fees and charges you incur during the post-termination period until settled;
- Proprietary Rights.
5.1 Service Offerings License. We own all right, title, and interest in and to the Service Offerings, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following: (a) access and use the Services solely in accordance with this Agreement; (b) You obtain no rights under this Agreement from us, our affiliates to the Service Offerings, including any related intellectual property rights.
5.2 License Restrictions. Neither you nor any End User will use the Service Offerings in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor any End User will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content included in the Service Offerings, (b) reverse engineer, disassemble, or decompile the Service Offerings or apply any other process or procedure to derive the source code of any software included in the Service Offerings, (c) resell or sublicense the Service Offerings. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavours). You will not imply any relationship or affiliation between us and you except as expressly permitted by this Agreement.
5.3 Suggestions. If you provide any Suggestions to us or our affiliates, we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the Suggestions.
6.1 General. You will defend, indemnify, and hold harmless us, our affiliates and each of our/their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your or any End Users’ use of the Service Offerings (including any activities under your Eco Workx account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you, End Users; or (c) a dispute between you and any End User. You will reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to any third party subpoena or other compulsory legal order or process associated with third party claims described in (a) through (b) to the tune of loss/damages incurred.
The service offerings are provided “as is.” Except to the extent prohibited by law, or to the extent any statutory rights apply that cannot be excluded, limited or waived, we and our affiliates (a) make no representations or warranties of any kind, whether express, implied, statutory or otherwise regarding the service offerings or the third-party content, and (b) disclaim all warranties, including any implied or express warranties (i) of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, (ii) arising out of any course of dealing or usage of trade, (iii) that the service offerings or third-party content will be uninterrupted, error free or free of harmful components, and (iv) that any content will be secure or not otherwise lost or altered.
- Limitations of Liability.
We and our affiliates will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages (including damages for loss of profits, revenues, customers, opportunities, goodwill, use, or data), even if a party has been advised of the possibility of such damages. Further, neither we nor any of our affiliates will be responsible for any compensation, reimbursement, or damages arising in connection with: (a) your inability to use the services, including as a result of any (i) termination or suspension of this Agreement or your use of or access to the service offerings, (ii) our discontinuation of any or all of the Service Offerings, or, (iii) without limiting any obligations under the order level agreements, any unanticipated or unscheduled downtime of all or a portion of the services for any reason; (b) the cost of procurement of substitute goods or services; (c) any investments, expenditures, or commitments by you in connection with this Agreement or your use of or access to the Service Offerings; or (d) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of your content or other data.
- Modifications to the Agreement.
We may modify this Agreement (including any Policies) at any time by posting a revised version on the Eco Workx Web portal or Mobile/Web Application. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the Eco Workx Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the end of this Agreement.
10.1 We, in order to provide you location-based services, Eco Workx may collect, use, and share precise location data, including the real-time geographic location of your computer system/mobile device. Where available, location-based services may use GPS, Bluetooth and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell phone tower locations, and other technologies to determine your devices approximate location. Unless you provide consent, this location data is collected anonymously in a form that does not personally identify you and is used by us to provide and improve location location-based products and services.
10.2 You hereby expressly consent to receive communications from us through your registered phone number and/or e-mail address. You consent to be contacted by Us via phone calls, emails and/ or SMS notifications. You agree that any communication so received by you from us will not amount to spam, unsolicited communication or a violation of your registration on the national do not call registry.
10.3 You are solely responsible for maintaining the confidentiality of your account and will be liable for all activities and transactions that occur through your account, whether initiated by you or any third party. The password and account details should not be shared with any third party. Your account is non-transferable and is not capable of being sold to any third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
10.4 You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us through the application or any service offered by us through this Web Portal/Mobile Application. The information provided by you through this application shall be that of yours or that of your organisation, where you are duly authorised to do such transaction.
10.5 You shall not use this web portal/application or any content provided herewith for any purpose that is unlawful or prohibited by this agreement/T & C’s or to solicit the performance of any illegal activity that infringes our rights or that of any third party.
10.6 You shall not use the web portal/application in any manner that could damage, disable, overburden, block or impair any of the server connected to this web portal/application. You shall not attempt to or gain unauthorised access to the services through hacking, impersonation, password mining or by any other means.
10.7 You shall understand that Eco Workx has all right to disclose any information (including the identity of the person/s providing information or materials on the web portal/mobile application) as necessary to satisfy any law, regulation or as sought by any Govt. Agency. In this case, you expressly authorise us to share such information of yours/ entity you are representing to such Govt. Agency.
11.1 Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 10.1 will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective permitted successors and assigns.
11.2 Entire Agreement. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement (but does not supersede order level agreements, Goods Forwarding Notes/Payments/ Receipts which may be entered between you and us for the service offerings or usage of our platform). We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) including for example, any term, condition or other provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document, (b) related to any online registration, response to any Request for Bid, Request for Proposal, Request for Information, or other questionnaire, or (c) related to any invoicing process that you submit or require us to complete. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control, except that the Service Terms will control over this document.
11.3 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labour disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
11.4 Governing Law. The laws of India, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us.
11.5 Disputes. Any dispute or claim relating in any way to your use of the Service Offerings, or to any products or services sold or distributed by Eco Workx will be resolved by way of Arbitration, in accordance with Arbitration and Conciliation Act, 1996 or any subsequent amendments to the same. The place of Arbitration shall be Bengaluru. The language of Arbitration shall be in English.
11.6 Compliance. You and your End Users shall comply with all applicable laws, rules and regulations.
11.7 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and this Agreement will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other.
11.8 Language. All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
11.9 Confidentiality and Publicity. You may use Eco Workx Confidential Information only in connection with your use of the Service Offerings as permitted under this Agreement. You will not disclose Eco Workx Confidential Information during the Term or at any time during the 5-year period following the end of the Term. You will take all reasonable measures to avoid disclosure, dissemination or unauthorized use of Eco Workx Confidential Information, including, at a minimum, those measures you take to protect your own confidential information of a similar nature. You will not issue any press release or make any other public communication with respect to this Agreement or your use of the Service Offerings.
(a) To You. We may provide any notice to you under this Agreement by: (i) posting a notice on the Eco Workx Site; or (ii) sending a message to the email address then associated with your account. Notices we provide by posting on the Eco Workx Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this Agreement, you must contact Eco Workx as follows: (i) by personal delivery, overnight courier or registered or certified mail to Eco Workx Innovation LLP, ‘The Address’, Sy. No 46, 7th A Cross, Balajinagar, Kariobanahalli, T G Palya, Bangalore, Karnataka, 560058, India, attention ‘The Designated Director’, firstname.lastname@example.org.
We may update the address for notices to us by posting a notice on the Eco Workx Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
11.11 No Third-Party Beneficiaries. Except as set forth in this Agreement, this Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.
11.12 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
11.13 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
‘Service Offerings’ shall mean various services provided by this Web Portal/Mobile Application including the services/information provided on the web portal/mobile application, servicing offerings for booking/placing/ordering of a good/ material, as the case may be and such services opted by you in the Order Level Agreement at the time of Booking of the Order and such services utilised by you on this Web Portal/Mobile Application.
‘Order Level Agreements’ shall mean the Agreement entered between you and Eco Workx at the time of you accepting the proposal / offer of Eco Workx for supply of goods / materials with such specifications and agreed price as detailed on the Web Portal/Mobile Application or as provided in this Agreement.
‘Web Portal’ shall mean Website, Web Portal where the aforesaid services are offered.
‘Mobile Application’ shall mean the application downloaded and installed on your device/Mobile by you to avail the desired services as detailed in this Agreement.
‘Customer’ shall mean you, the organisation you are representing, person responsible for placing the order, key managerial persons responsible to avail the said services for benefit of your organisation.
‘Terms & Conditions’ shall mean the terms, clauses, criteria’s mentioned on the Web Portal/Mobile Application including this Agreement, Order Level Agreements.
- Booking Process
- Visit web portal – ecoworkx.in
- Search for the required product on product catalog/ ‘Shop Eco-friendly’ link
- ‘Add to cart’ and update required quantity
- The same process can be repeated for additional products that are on the product catalog
- On completion of the product selections and addition to cart, click on ‘Check-out’
- Product delivery options will be provided
- Choose preferred option (note – all delivery options could have a service charge associated with it) and proceed
- Delivery options will also confirm the address details for delivery. For customers who are registered and logged in to the portal, the process will be of confirmation of details entered during account creation. For un-registered customers, the details would need to be entered in full at the time of checkout
- There could also be an option for applying some Coupon discounts. These discounts would be usually available for registered customers via their email account registered with Eco Workx
- Once this is updated, proceed onto the next step – ‘Payment’
- Various payment options will be available. Choose one of them as per preference. Every payment option could have a specific charge associated with it which will be on top of the purchase price of the products and the delivery charges.
- On completing the Payment process and receiving an acknowledgement via email and on the portal, the process is complete.
You shall agree to make necessary payments for using the services offered by Eco Workx in accordance with Order Level Agreement.
- Exchange, Return, Refunds & Cancellation Policy
I HAVE READ AND UNDERSTOOD THE CONTENTS OF THIS AGREEMENT AND I AGREE TO BE BOUND BY THE SAME.
I ACCEPT I DENY