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 www.myModella.com website.
The domain name www.pashman.in (hereinafter referred to as ‘Website’) is owned by Uday Industries having its registered office in main batalaroad,pillar no.64,Amritsar,Punjab,India-143004
Your use of the Website and services and tools (together the “Services”) are governed by the following terms and conditions (‘Terms of Use’) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transactions. By mere use of the Website, You shall be contracting with Modella and these Terms of Use including the policies and other agreements that you may enter into with Modella constitute Your binding obligations with Modella.
For the purpose of these Terms of Use, wherever the context so requires reference to the terms ‘You’, ‘Your’ or ‘User’ shall mean any natural or legal person who has accessed the Website and/or used the Services provided through the Website. The terms ‘We’, ‘Us’, ‘Our’ shall mean Modella.
Modella does not allow the User to make purchases without providing certain essential details like name, address, e-mail and mobile number on the Website.
When You use, view or access any of the Services provided by Us through the Website, including but not limited to product reviews, You will 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. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES AND CONSTITUTES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.
By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Modella’s Policies (including but not limited to the Privacy Policy here) as amended from time to time.
1. MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who are capable of entering into legally binding contracts under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If You are a minor, i.e. under the age of 18 years, You shall not register as a User of the Website and shall not transact on or use the Website. As a minor if You wish to use or transact on website, such use or transaction may be made by Your legal guardian or parents on the Website. Modella reserves the right to terminate Your membership and/or refuse to provide You with access to the Website if it is brought to Modella notice or if it is discovered that You are under the age of 18 years or You are not eligible to execute any legal document in Your personal capacity.
2. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
In order to access the Services, You may choose to sign up, register and establish a User account (“Account”) for which You will be required to submit information, including but not limited to name, gender, date of birth, telephone number, email address, residential address (“User Information”) or You may choose to purchase the products featured on the Website, check out and make the payment as a guest, without being required to sign up and register an Account (“Guest Check Out”). However, You will be required to submit certain User Information even in the event of a Guest Check Out. You shall be solely responsible for maintaining the confidentiality of user id and password chosen and provided by You, for the purpose of signing up and registering an Account and You agree that the password is intended for use solely by You, and You shall be responsible for all activities that occur using Your user id and password. You agree that if You provide any information that is untrue, inaccurate, not current, or which is incomplete or if We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend, terminate or block access of Your membership on the Website and refuse forthwith to provide You with access to the Website.
3. COMMUNICATIONS
When You use the Website, send emails or other data, information or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by e-mail or by such other mode of communication, electronic or otherwise.4. CHARGES
Registration on the Website is free of charge for Users. We do not charge any fee for browsing, viewing the products featured on the Website. We reserve the right to change the fee policy from time to time. In particular, We may in our sole discretion introduce new products, related services and modify some or all of the existing Services offered on the Website. In such an event, We reserve the right to introduce fees for the new Services offered or amend/introduce fees for existing Services, as the case may be. Changes to the fee policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees if and when chargeable shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Us through modes of payment.
5. USE OF THE WEBSITE
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
(1) You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another 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 including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing or ‘spamming’;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(h) infringes upon or violates any third party rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person copyrighted work (see ‘Copyright complaint’ below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, Account information, bulletins, or other areas of the Website or solicits passwords or Personally Identifiable Information for commercial or unlawful purposes from other Users;
(o) 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 Website. Throughout this Terms of Use, Modella prior written consent means a communication coming from Modella Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another User’s use and enjoyment of the Website or any other User enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(s) harms minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) 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, cancel bots, 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;
(y) 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 any other nation.
(z) shall not be false, inaccurate or misleading;
(aa) You 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.
(ab) You shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (‘ISPs’) or other suppliers.
(2) 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 the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
(3) You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password ‘mining’ or any other illegitimate means.
(4) You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website.
(5) 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 Us including the terms Modella,Uday Industries or otherwise engage in any conduct or action that might tarnish the image or reputation, of Modella on platform or otherwise tarnish or dilute any Modella 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. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Modella systems or networks, or any systems or networks connected to Modella.
(6) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person use of the Website.
(7) 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 the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
(8) You shall at all times ensure full compliance with applicable laws including, but not limited to the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and ,and purchase, of our products or Services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
(9) Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
(10) You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in 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 the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as 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.
(11) We reserve the right, but have no obligation, to monitor the materials posted on the Website. Modella shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Modella’sviews. In no event shall Modella assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious or otherwise unlawful information.
(12) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
(13) It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
(14) Modella 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 group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
6. CONTENT POSTED ON THE WEBSITE
(1) Copyright, authors rights and database rights
All content included on the Website, such as articles, blogs, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (collectively the “Content”), is the property of Modella. All software used on this Website is the property of Modella, its affiliates or its software suppliers.
(2) Save for the limited right to access and use the Services in accordance with the Terms on a non-exclusive, revocable and non-transferable basis, in the territory selected at the time of registration, there are no other rights being granted to You in the Services or any of the contents and functionalities.
(3) To the extent required, You grant Modella a non-exclusive, royalty free, worldwide, transferrable, sub-licensable right to host, display, demonstrate, publicly perform, use, reproduce, format, and distribute any content, posts, emails, uploads, materials, trademarks, trade names and any of Your intellectual property which You have provided to the or websites. Any content uploaded by You may be displayed and reproduced by Modella in any manner it deems fit.
(4) Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Modellas express prior written consent.
(5) You may use information on the products and Services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
(6) Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use such information or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content You provide. You agree that any content You post may be used by us, consistent with Our Privacy Policy and rules of conduct on site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
7. DISCLAIMER OF WARRANTIES AND LIABILITY
(1) This Website, the Content, all the materials and products (including but not limited to software) and Services, included on or otherwise made available to You through this Website are provided on ‘as is’ and ‘as available’ basis without any representation or warranties, expressed or implied except otherwise specified in writing herein or elsewhere on the Terms and Conditions. Without prejudice to the foregoing paragraph, Modella does not warrant that:
(i) This Website will be constantly available, or available at all; or
(ii) The information on this Website is complete, true, accurate, adequate or non-misleading;
(iii) The Content/ offers/ products made available on the Website will meet Your requirements or expectations or achieve the intended purpose;
(iv) The Services will be available at all times and will operate error free, be secure, or that there will be uninterrupted access and service;
(v) The defects in any of the content or information hosted on the Website will be corrected;
(vi) The integrity of the information on the Services or information You upload will be maintained;
(vii) It has screened or verified any of the information or Content that has been posted on the Website.
(2) Modella will not be liable to You in any way or in relation to the Contents of, Your use of, or any other matter in connection with, the Website. Modella does not warrant; information, Content, materials, product (including software) or Services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
(3) Nothing on the Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on the Website are governed by different state laws and if we are unable to deliver such Products due to implications of different state laws, We will return or will give credit for the amount (if any) received in advance by US from the sale of such Product that could not be delivered to You.
(4) You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with Us, You consent to be contacted by Us via phone calls and/or SMS notifications about any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS communication.
8. INDEMNITY
You hereby indemnify and hold harmless Modella, its owners, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, shareholders, agents and employees, from any claim or demand, or actions including reasonable attorneys fees, made by any third party or penalty imposed due to or arising out of i) Your use of the Website and the Services ii) Your breach of these terms of use, the Privacy Policy and other policies or connected agreements entered into between You and Modella, iii) Any act or omission of Yours in relation to the use of the Services or the Website including but not limited to Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
9. APPLICABLE LAW
Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Courts at Mumbai shall have exclusive jurisdiction for resolution of any dispute arising out of the interpretation of the Terms of Use, Privacy Policy, use of the Website or availing the Services and products hereunder. .
10. JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Modella makes no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website from other locations/countries other than India do so at their sole discretion and Modella is not responsible for supply of products/refund for the products ordered from other locations/countries other than India, or compliance with local laws, if and to the extent local laws are applicable. .
11. LIMITATION OF LIABILITY
The aggregate liability of Modella to You or anyone, whether in contract, tort, negligence or otherwise, howsoever arising, whether in connection with these Terms of Use, Your access and use of the Website and its Contents and functionalities or for any reason related to the operation of the website, shall not exceed Rupees One Thousand only (INR 1000/-).
In no event shall Modella be liable for any special, incidental, indirect or consequential damages howsoever caused or loss of profits(anticipated or real), loss of business, loss of reputation, loss of data of any kind in connection with these terms of use, even if the user has been informed in advance of the possibility of such damages. .
12. COMPLAINTS
Please contact us at info@uday-industries.com for any questions or comments, complaints including but not limited to abuse and misuse of the Website and or Services, or any issues relating to data privacy (including all inquiries unrelated to copyright or trademark infringement) regarding this Website. You may be required to provide Your name, e-mail address, physical address and contact numbers while providing the questions, comments or complaints so that Modella may be in a position to verify details or check the authenticity of the complaints. .
13.OTHER BUSINESSES
Modella does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to affiliates and/or third party websites using the Website APIs or otherwise. In addition, the Website may provide links to the third party websites of our affiliated companies and certain other businesses for which Modella assumes no responsibility for examining or evaluating the products and services offered by them. Modella does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Modella does not endorse, in any way, any third party website(s) or content thereof. .
14. GENERAL
(1) Suspension and Termination:
(a) Modella may at any time suspend Your access to the Website, it is believed that You have violated or may violate these Terms of Use, or for any other reason it determines at its sole discretion.
(b) Modella reserves the rights to terminate Your access to the Services at any time, in its sole discretion. If Modella determines that You have breached these Terms of Use, Modella shall be entitled to terminate Your use and access of the Service with immediate effect. You acknowledge Modella’s rights set out in this Section 16 and waive any claim that You may have arising from such termination. Notwithstanding the termination of Your access, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.
(2) Force Majeure: In no event shall Modella be liable for any acts beyond its control or for any acts of God.
(3) Access: This Service is intended for viewing and use in India, Modella does not make any claim that the Service and its contents may be lawfully viewed or accessed in the jurisdiction You are viewing it in. You are solely responsible for complying with laws applicable to You.
(4) Waiver: No waiver of any provision of these Terms of Use shall be binding unless executed and notified by Modella in writing to You. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims You have against Modella arising from Your use of the Services or any other users’ conduct.
(5) Entire Agreement: These Terms, the Privacy Policy and any other agreements You execute with Modella as relevant, shall constitute the entire agreement between You and Modella for the use of the Services. Any modification to these Terms shall only be binding when posted by Modella.
(6) Severability: If any provision of these Terms is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms, which shall remain in full force and effect.