Terms and Conditions

Table of Contents:

  1. Agreement to Terms
  2. These Terms of Use constitute a legally binding agreement made between an individual/party, whether personally or on behalf of an entity, (referred to as 'you' from hereon) and UPL Limited (referred to as the 'Company', 'we', 'us' or 'our' from hereon) concerning the access to and use of the https://www.unimart.in/ website, including any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively referred to as the 'Site' from hereon).

    We are registered in India and have our registered office in Mumbai, Andheri West, Maharashtra. By accessing the Site, you agree to have read, understood, and be bound by all of the Terms of Use.

    If you do not agree with any of the Terms of Use, then you are expressly prohibited from using the Site and must discontinue its use immediately.

    Supplemental terms and conditions or documents that may be posted on the Site on different occasions are, hereby, expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason.

    We will alert you about any changes by updating the 'Last updated' date of these Terms of Use. However, by agreeing to these Terms of Use, you waive any right to receive specific notice of each instance of such changes. Please ensure that you check the applicable Terms of Use every time you use our Site so that you understand which Terms of Use apply.

     You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

    The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

    The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

  3. Intellectual Property Rights
  4. Unless indicated otherwise, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively referred to as the 'Content' from hereon) and the trademarks, service marks, and logos contained therein (collectively referred to as the 'Marks' from hereon) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

    The Content and the Marks are provided on the Site 'As is' for your information and personal use only. Unless expressly provided for in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our prior written permission.

    Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

  5. User Representations
  6. By using the Site, you represent and warrant the following:

    • All registration information you submit will be true, accurate, current, and complete.
    • You will maintain the accuracy of such information and promptly update such registration information as necessary.
    • You have the legal capacity, and you agree to comply with these Terms of Use.
    • You are not a minor in the jurisdiction in which you reside.
    • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
    • You will not use the Site for any illegal or unauthorized purpose.
    • Your use of the Site will not violate any applicable law or regulation.

    If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof.

  7. User Registration
  8. You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password.

    We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or objectionable in any manner.

  9. Prohibited Activities
  10. You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

    As a user of the Site, you agree not to:

    • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, a compilation, database, or directory without written permission from us.
    • Trick, defraud or mislead other users and us, especially in any attempt to learn sensitive account information, including, but not limited to, user passwords.
    • Circumvent, disable or otherwise interfere with security-related features of the Site, including, but not limited to, features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site or the Content contained therein.
    • Disparage, tarnish or otherwise harm, in our opinion, us or the Site.
    • Use any information obtained from the Site in order to harass, abuse or harm another person.
    • Make improper use of our support services or submit false reports of abuse or misconduct.
    • Use the Site in a manner inconsistent with any applicable laws or regulations.
    • Engage in unauthorized framing of or linking to the Site.
    • Upload/transmit or attempt to upload/transmit viruses, Trojan horses, or other malicious material, including, but not limited to, excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
    • Engage in any automated use of the system, including, but not limited to, using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
    • Delete the copyright or other proprietary rights notice from any Content.
    • Attempt to impersonate another user or person in any manner, including, but not limited to, using another user's username.
    • Upload/transmit or attempt to upload/transmit any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear graphics interchange formats ('GIFs'), 1×1 pixels, web bugs, cookies, or other similar devices, sometimes referred to as 'spyware' or 'passive collection mechanisms' (PCMs).
    • Interfere with, disrupt or create an undue burden on the Site or the networks or services connected to the Site.
    • Harass, annoy, intimidate or threaten any of our employees or agents engaged in providing any portion of the Site to you.
    • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
    • Copy or adapt the Site's software through any means, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.
    • Except as permitted by applicable law, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
    • Except as may be the result of standard search engine or internet browser usage, use, launch, develop or distribute any automated system, including, but not limited to, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site or otherwise using/launching any unauthorized script or software.
    • Use a buying agent or purchasing agent to make purchases on the Site.
    • Make any unauthorized use of the Site, including, but not limited to, collecting usernames or email addresses of users, by electronic or other means, for the purpose of sending unsolicited emails or creating user accounts by automated means or under false pretences.
    • Use the Site as part of any effort to compete with us or otherwise use the Site or the Content for any revenue-generating endeavour or commercial enterprise.
    • Use the Site to advertise or offer to sell goods and services.
  11. User Generated Contributions
  12. The Site does not offer users to submit or post content. However, we may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Site, including, but not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively referred to as 'Contributions' from hereon).

    Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy.

    When you create or make available any Contributions, you thereby represent and warrant the following:

    • The creation, distribution, transmission, public display or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including, but not limited to, the copyright, patent, trademark, trade secret or moral rights of any third party.
    • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
    • You have the written consent, release, or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
    • Your Contributions are not false, inaccurate, or misleading in any manner as deemed by us.
    • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or any other forms of solicitation.
    • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable, as determined by us.
    • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
    • Your Contributions are not used to harass or threaten, in the legal sense of those terms, any other person or to promote violence against a specific person or class of people.
    • Your Contributions do not violate any applicable law, regulation, or rule.
    • Your Contributions do not violate the privacy or publicity rights of any third party.
    • Your Contributions do not violate any applicable law concerning child pornography or otherwise any applicable law intended to protect the health or well-being of minors.
    • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
    • Your Contributions do not otherwise violate or link to material that violates any provision of these Terms of Use or any applicable law or regulation.

    Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

  13. Contribution License
  14. You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices, including settings.

    By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.

    We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us in relation to your Contributions.

  15. Submissions
  16. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (collectively referred to as 'Submissions' from hereon) provided by you to us are non-confidential and shall become our sole property.

    We shall own the exclusive rights to, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

    You, hereby, waive all moral rights to any such Submissions and you, hereby, warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

  17. Site Management
  18. We reserve the right, but not the obligation, to:

    • Monitor the Site for violations of these Terms of Use.
    • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, but not limited to, reporting such user to law enforcement authorities.
    • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of or disable, to the extent technologically feasible, any of your Contributions or any portion thereof.
    • In our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
    • Otherwise, manage the Site in a manner designed to protect our rights and property and facilitate the Site's proper functioning.
  19. Privacy Policy
  20. We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use, posted on the Site.

    Please be advised that the Site is hosted in India. Suppose you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India; then, through your continued use of the Site. In that case, you are transferring your data to India, and you agree to have your data transferred to and processed in India.

  21. Term and termination
  22. The Terms of Use will remain in effect for as long as you use the Site.

    In our sole discretion, we reserve the right to terminate anyone's use of the Site without any notice or liability. Furthermore, we reserve the right to do so for any reason or no reason. The reasons for termination can include but are not limited to:

    • Breach of representation
    • Breach of warranty
    • Breach of covenant included in these Terms of Use
    • Breach of any law or regulation that is applicable

    We may terminate your use or participation in the Site at any time. We may delete your account or any content or information posted through your account at any time without any notice.

    If we terminate or suspend your account, you cannot create or register a new account on the Site under your name, a fake or borrowed name, or on behalf of any third party.

    Additionally, we also reserve the right to take legal action against you, including but not limited to pursuing criminal, civil, or injunctive redress.

  23. Modifications and Interruptions
  24. We reserve the right to:

    • Change, modify or remove the content of the Site without any notice
    • Discontinue parts of the Site at any time

    These can be done at our sole discretion. We have no obligation to update any information on our Site. We are also not liable to you or any third party for the changes we make.

    In addition, we do not guarantee the Site's availability at all times. We may experience software, hardware, or other issues that can lead to delays and interruptions.

    Nothing in these Terms and Conditions will be construed to obligate us to maintain the Site or to supply any modifications therewith.

  25. Governing Law
  26. These Terms and Conditions are governed by the laws laid down by the Government of India. By agreeing, you consent that the courts of India shall have exclusive jurisdiction over disputes in connection with these Terms.

  27. Dispute Resolution
  28. You agree to irrevocably take any disputes related to these Terms to the courts of India. If these terms enter your trade, profession, or principal state of business, UPL Limited shall reserve the right to take the proceedings to the country you reside in.

  29. Corrections
  30. There may be errors on the Site like typographical errors or inaccuracies, or omissions in:

    • Descriptions
    • Pricing
    • Availability
    • Etc.

    We reserve the right to correct such errors without any prior notice.

  31. Disclaimer
  32. THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

    WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE, AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

    1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS
    2. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE
    3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN
    4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE
    5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY AND/OR
    6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

    WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  33. Limitations of liability
  34. In no event will we or any person directly related to or representing the company be liable to you or any third party for any damages arising from your use of the Site. These damages may be direct, indirect, punitive, exemplary, consequential, incidental, or special.

    They include:

    • Lost profit
    • Lost revenue
    • Data loss
    • Other such damages

    This condition holds even if we have been advised of the possibility of such damages.

  35. Indemnification
  36. You agree to indemnify and hold us harmless from any loss, damage, or claims made (including attorney expenses) by a third party due to:

    • Use of Site
    • Breach of Terms of Use
    • Breach of your representations and warranties outlined in these Terms of Use
    • Your violation of any third party's rights (including but not limited to intellectual property rights)
    • Any overt or harmful act towards another user whom you connect with on the Site

    By indemnifying "us," you indemnify anyone directly related to or representing us.

    Notwithstanding the above, we reserve the right to assume exclusive control of the matter at your expense. You will be required to indemnify us and cooperate with us. We will use reasonable efforts to notify you regarding any claims that may require indemnification as we become aware of them.

  37. User data
  38. We will maintain certain data that you transmit over the Site for site performance and perform regular backups. However, you are solely responsible for the data you transmit over the Site. You agree not to hold us liable for any loss or corruption of data.

  39. Electronic communications, transactions, and signatures
  40. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You agree to receive electronic communication from us. You also agree that all electronic agreements, disclosures, and other communication hold the same legal value as a written document.

    You hereby agree to the use of electronic signatures, order, and contracts. You also agree to electronic delivery of notices, policies, and records by us via the Site or email.

    You waive all laws that point to a need for non-electronic records.

  41. Miscellaneous
  42. These Terms of Use and any policies or rules posted on the Site or in relation to the Site constitute the whole agreement between you and us. Our failure to execute any right does not waive it. They will still operate to the fullest obligations to others. We shall not be responsible for any loss, damage, delay, or failure to act beyond our reasonable control.

    Should any part of this Terms of Use be deemed unlawful or unenforceable, it will not affect the enforceability of the other parts.

    These Terms of Use do not create any joint venture, partnership, employment, or agency relation between you and us.

    You agree that the Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on these Terms of Use or the lack of signing of the same by both parties.

  43. Contact Us
  44. In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please get in touch with us at: afs.servicesupportgujarat1@upl-ltd.com