1. Applicable Law
This site is created and controlled by edutree technologies ,new delhi, India; as such the laws of India shall apply. Courts in new delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. edutree technologies ,new delhi reserves the right to make changes to the site and the terms, conditions and disclaimers.
" edu-tree.com "/ "Site" means the Online Shopping platform owned and operated by edutree technologies ,new delhi ("edu-tree.com"), which provides a venue to the users of edu-tree.com to buy the products listed on the Site.
"Vendor"/"Seller" shall mean the person or any legal entity who offers for sale, sells the products on edu-tree.com.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer for sale on edu-tree.com by placing an order for and or purchases any products offered for sale on edu-tree.com.
"User"/ "You" means and includes you and/or any person or an entity including Vendor/Seller using or accessing the services provided on this Site.
You represent and warrant that you are competent and eligible to enter into legally binding agreement and have the requisite authority to bind the other party to this Agreement. You shall not use this site if you are not competent to contract under the applicable laws, rules and regulations.
4. Term of Agreement/Service:
5. Modification of Terms and conditions of Service:
edu-tree.com may at any time modify the terms and conditions ("Terms") of the Service without any prior notification to you. You can access the latest version of the Terms at any given time. You should regularly review the Terms. In the event the modified Terms are not acceptable to you, you should discontinue using the service. However, if you continue to use the service you
7. Electronic Communication
Users consents to receive communications from Edu-tree.com electronically. edu-tree.com will communicate with users by email, by SMS to the registered mobile number or by posting notices on the Site.
The customer agrees to receive order related information via SMS on the mobile number provided.
8. Online Shopping Platform
You agree, understand and acknowledge that edu-tree.com is an online shopping platform, a venue enabling the users to buy any product listed on edu-tree.com Shopping at the price indicated on the terms and conditions indicated therein at any time from any place.
edu-tree.com shall neither be liable nor responsible for any actions or inactions of Vendors and/or Sellers or any breach of conditions, representations or warranties by the Vendor or manufacturer of the products.
edu-tree.com does not sell or retail any products and does not ensure that the Users shall perform their obligations in respect of the transaction concluded on this Site and further expressly disclaims any warranties or representations express or implied in respect of quality, safety, merchantability, fitness for a particular purpose, or legality of the products listed and transacted on edu-tree.com.
After the receipt of payment from you, edu-tree.com shall arrange for the delivery of the product to you at the shipping address provided by you. Any and all orders placed by you on this Site are a firm commitment to purchase and you are obligated to complete the transaction and not contest it in anyway.
Before placing an order you are advised to check the product description and system requirements carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
9. Credit card details
You agree, understand and confirm that the credit card details provided by you for availing of services on edu-tree.com will be correct and accurate and you shall not use any credit card which is not lawfully owned by you. You further agree and undertake to provide the correct and valid credit card details to edu-tree.com. Further the said information will not be utilized and shared by edu-tree.com with any of the third parties unless required by law, regulation or court order.
You understand, declare and agree that:
You release and indemnify edu-tree.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Site and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, edu-tree.com cannot control the information provided by other Users which is made available on the Site
edu-tree.com shall be responsible to deliver the items to the Buyer within the time period specified for delivery.
edu-tree.com shall be solely responsible for any undelivered or damaged items. In the event of any damage item, you shall inform edu-tree.com within 7 days of the receipt of the item. edu-tree.com shall replace the same at no additional cost.
edu-tree.com is responsible to deliver the products/items of the same quantity and same qualities as are listed on the edu-tree.com and that such product shall correspond with the description of the items listed on edu-tree.com.
11. Suspension due to non-compliance with Agreement
Notwithstanding other legal remedies that may be available to edu-tree.com, edu-tree.com may in its sole discretion limit your activity by immediately removing your listing either temporarily or indefinitely or suspend or terminate your membership, and/or refuse to provide you with access to the Site if:
You are in breach any of the terms and conditions of this Agreement and/or the Terms and conditions of usage of edu-tree.com;
You have provided wrong, inaccurate, incomplete or incorrect information;
your actions may cause any harm, damage or loss to the other Users or edu-tree.com.
Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the edu-tree.com will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.
You agree to defend, indemnify and hold harmless - edu-tree.com edutree technologies, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of your infringement of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.
13. Limitation of Liability
THIS SERVICE PROVIDED BY EDU-TREE.COM IS AVAILABLE TO USE AS A MATTER OF CONVENIENCE. EDU-TREE.COM EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT EDU-TREE.COM RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM TIME TO TIME.
IN NO EVENT SHALL EDU-TREE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EDU-TREE SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF EDU-TREE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THE EDU-TREE.COM SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EDU-TREE.COM SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE EDU-TREE SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EDU-TREE.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. EDU-TREE.COM DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF ADVERTISERS ON ITS WEBPAGES.
THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Use of this site is subject to our Private Policy. edu-tree.com respects your privacy. edu-tree.com will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others. We reserve the right to change or update these policies at any time upon reasonable notice, effective immediately upon posting to this site.
The information about the products published on edu-tree.com are provided by edu-tree.com on the basis of the information received from the product manufacturers and vendors and are on an "as is where is" basis. Edu-tree.com makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products, included on this site. To the full extent permissible by applicable law, edu-tree.com disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. edu-tree.com will not be liable for any damages of any kind arising from the use of this site or any of the products offered, including but not limited to direct, indirect, incidental, punitive and consequential damages. edu-tree.com only facilitates the sale of products between the Vendor and the buyer and does not directly or indirectly sell or retail any products.
EDU-TREE.COM EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, CONITUNITY, PERFORMANCE, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE EDU-TREE SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EDU-TREE.COM HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
USER SPECIFICALLY AGREES THAT EDU-TREE.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN EDUTREE TECHNOLONIES SITE/SERVICE. USERS SPECIFICALLY AGREE THAT EDU-TREE IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. USERS SPECIFICALLY AGREE THAT EDU-TREE.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN EDU-TREE SITE/SERVICE BY ANY THIRD PARTY.
ADVICE RECEIVED VIA THE EDU-TREE SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
16. Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and edutree techonologies with respect to the Edu-tree sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and edutree technologies with respect to the Edu-tree sites/services. Edu-tree.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
17. Governing Law and Jurisdiction
This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in newdelhi in all disputes arising out of or relating to the use of the edu-tree.com sites/services . Use of edu-tree.com sites/services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold edu-tree.com, its subsidiaries, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the edu-tree.com sites/services.
Edutree technologies performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of edu-tree.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the edu-tree.com/services or information provided to or gathered by edu-tree.com with respect to such use.