Terms & Conditions

ECSHA Marketplace  |  www.ecsha.com

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder 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 (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021  that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the Platform.

ECSHA, a proprietorship/entity having its principal place of business at 10/24, Thengamputhur Main Road, Thengamputhur – 629602, Kanyakumari District, Tamil Nadu, India (hereinafter referred to as “ECSHA”, the “Company”, “We”, “Us” or “Our”), is the creator, owner and publisher of the online marketplace made available through the website titled www.ecsha.com (hereinafter referred to as the “Online Platform” or “Platform”). The Company owns and operates the Services provided through its Online Platform, which may be modified, deleted, updated (temporarily or permanently) from time to time at the discretion of the Company.

The Platform is a multi-vendor online marketplace that enables independent third-party sellers (“Vendors”) to list and offer agricultural inputs and related products for sale to buyers (“Buyers”). The Company operates the Platform as an intermediary and facilitator only; it is not the seller, manufacturer or owner of the Products listed by Vendors, except where expressly stated otherwise. If You do not agree to be bound by these Terms, You are not authorised to access or use the Platform or the Services.

If You have any questions regarding these Terms or the Services, You may contact Us at admin@ecsha.com.

1.Introduction and Acceptance

1.1.These terms of use (“Terms”), including the various policies incorporated by reference herein, govern Your access to and use of the Platform and the underlying services provided by Us through the Platform, including our SMS, APIs, email and other electronic notifications, commerce services and other covered services that may link to these Terms (collectively, the “Services”), together with any information, text, graphics, photographs, reviews or other materials uploaded, downloaded or appearing on or as part of the Services (collectively, the “Content”).

1.2.Your access to and use of the Services, however accessed, constitutes Your agreement to be bound by these Terms, which establishes a contractual relationship between You and the Company. Please read the Terms carefully and in their entirety. Please also read the Privacy Policy separately published on the Platform. The Privacy Policy forms a part of these Terms and is incorporated herein by reference.

1.3. By accessing and/or using all or any portion of the Services, You acknowledge and agree that: (a) You have read and understood the Terms; (b) the provisions, disclosures and disclaimers set forth in the Terms are fair and reasonable; (c) Your agreement to be bound by these Terms is voluntary and is not the result of fraud, duress or undue influence exercised upon You by any person or entity; and (d) written approval is not a prerequisite to the validity or enforceability of these Terms.

1.4.The Terms are governed by and comply with applicable Indian law, including but not limited to the Indian Contract Act, 1872; the Information Technology Act, 2000 and the rules, regulations and guidelines framed thereunder, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020; and the orders, rules, regulations, guidelines, notifications and clarifications issued by any legislative, regulatory or governmental authority at central, state or local level.

1.5. In the event a special feature with its own terms and conditions is offered, the same shall apply in addition to these Terms. In case of a conflict between the terms of such special feature and these Terms, the terms specific to the special feature shall prevail to the extent of such conflict.

2.Definitions

In these Terms, unless the context otherwise requires, references to:

2.1. “Buyer” shall mean a User who uses the Services to place an order for, or to purchase, Products listed on the Platform by a Vendor;

2.2. “Vendor” (also referred to as a “Seller”) shall mean a User who has been onboarded and verified by the Company and who has agreed to register on the Platform for the purpose of listing, offering for sale and supplying Products to Buyers through the Platform;

2.3.  “Products” shall mean the goods, and any incidental services, listed by Vendors on the Platform as part of the Services, for purchase by Buyers, across such categories as the Company may make available from time to time;

2.4.  “Platform” or “Online Platform” shall mean the website www.ecsha.com and any associated applications, interfaces and services operated by the Company;

2.5.“Platform Fee” shall mean the fee, commission or charge payable to or retained by the Company for facilitating a transaction between a Buyer and a Vendor through the Platform;

2.6. “We”, “Us”, “Our” or “ECSHA” shall mean the Company, its affiliates, permitted assigns and partners, and shall be construed accordingly; and

2.7.  “You”, “User” or “user” shall mean any natural or legal person who accesses the Content of the Platform, or uses the Platform or the Services, whether as a Buyer, a Vendor or a visitor, by providing certain personal information (more particularly described in the Privacy Policy and including, without limitation, name, address, mobile number and email while registering on the Platform (“Registration Data”)), and the terms “Your” and “your” shall be construed accordingly.

3.Modification of Terms

3.1. The Services and the Terms may be amended, modified or deleted from time to time at the sole discretion of the Company. The Terms, including the Privacy Policy, will apply to Your use of the Platform as well as to all information provided by You on the Platform at any given point in time.

3.2.  Where the Company makes any material change to these Terms, such change shall be notified to You at Your registered email address and/or through the Platform. Your continued use of the Platform following such notification constitutes Your agreement to follow and be bound by the Terms as so modified. You are advised to review the Terms periodically to familiarise Yourself with any modifications.

3.3.  If You do not agree to any changes to the Terms, Your right to access and use the Platform and/or the Services shall immediately terminate, and You agree that You shall discontinue Your use of the Services. You agree that the Company is not liable to You or to any third party for any modification of the Terms or termination of Your access to the Services, except as specifically set forth herein.

4.Eligibility and Conditions of Use

4.1.The Services are open to Users of all ages, including persons below 18 (eighteen) years of age. You acknowledge, however, that under applicable Indian law a person below 18 years of age does not have the legal capacity to enter into a binding contract (confirm). Accordingly, if You are below 18 years of age, You may access the Platform and avail the Services only under the supervision, and with the consent, of a parent or legal guardian who agrees to these Terms on Your behalf and accepts responsibility for Your use of the Platform.

4.2.By accessing or using the Services, You represent and warrant that either: (a) You are 18 (eighteen) years of age or older and have the legal right, authority and capacity to agree to and abide by these Terms; or (b) You are below 18 years of age and Your parent or legal guardian has read, understood and agreed to these Terms on Your behalf and consents to Your access to and use of the Platform and the Services.

4.3. Where a parent or legal guardian permits a person below 18 years of age (a "Minor") to access the Platform or create an account, such parent or legal guardian agrees to: (i) supervise the Minor's use of the Platform and any account; (ii) assume all risks and liabilities arising from the Minor's use of the Platform and any transactions carried out through it; (iii) ensure that the content and Products accessed or purchased are suitable and lawful for the Minor; (iv) ensure that all information submitted is accurate; and (v) provide the consents, representations and warranties in these Terms on the Minor's behalf. Any transaction involving a Minor is deemed to be undertaken by, and is the responsibility of, the supervising parent or legal guardian.

4.4. The Company recommends that parents and guardians use parental-control tools and supervise Minors' use of the Platform. Certain Products (including fertilizers, pesticides and other regulated agri-chemicals) may not be lawful for sale to, or use by, a Minor, and it remains the responsibility of the Buyer and the supervising parent or legal guardian to ensure that the Buyer is legally entitled to purchase, possess and use such Products..

4.5.  Where You are using the Platform and/or the Services on behalf of a company, firm or other business entity, You represent and warrant that Your use of the Services and the consummation of the transactions on the Platform have been duly authorised by all necessary action of that entity, and that the person using the Platform on its behalf has the full capacity and authority to bind that entity to these Terms.

4.6. You agree that the access granted to You prohibits You from using the Services for any illegal or unauthorised purpose. You will make every reasonable effort to prevent unauthorised third parties from accessing the Platform and the Services and to protect Your device and account from any security breach, including but not limited to hacking and phishing. You represent and warrant that You will not breach the security of the Platform or its Software or attempt to gain unauthorised access to, or interfere with, any other person’s use of the Services.

4.7.  For the purpose of these Terms, “Software” means (i) the server, platform and application software hosted by or on behalf of the Company and used to deliver the Services; (ii) all server, platform and application software of third parties used to host, support or connect such software and accessible by You as part of the Services; and (iii) all underlying algorithms, user interfaces, network and database designs and schemas, architecture, class libraries and objects, updates, upgrades, patches, maintenance releases, bug fixes and related documentation.

5.Registration and Account

5.1. To fully avail the Services of the Platform, registration is required. You are required to create a profile for Yourself by providing information which, inter alia, includes Your name, age and address/location, and by registering a valid mobile number and/or email address. Users who register with Us can purchase the listed Products and avail the Services. Where offered, Users who do not wish to register may check out as guests, subject to providing the information necessary to fulfil the order.

5.2.Information collected about You is subject to Our Privacy Policy, which is incorporated in these Terms by reference. At all times during Your use of the Platform, including at the time of registration, You are solely responsible for protecting the confidentiality of Your username, password and one-time passwords, and any activity under Your account shall be deemed to have been done by You. In the event You provide Us with false and/or inaccurate details, or We have reason to believe that You have done so, We hold the right to suspend or permanently terminate Your account.

5.3. By using the Platform and providing Your contact information to Us, You agree and consent to receiving communications, including calls, SMS, email and messages on channels such as WhatsApp, from Us and/or Our affiliates or partners in relation to the Services, subject to the Privacy Policy and applicable law. In the event You wish to stop receiving marketing or promotional communications, You may send an email to that effect to admin@ecsha.com; You acknowledge that it may take up to seven (7) business days for Us to give effect to such a request.

6.Nature of the Platform and Intermediary Role

6.1. The Platform is a technology platform that operates as an electronic marketplace to facilitate transactions between Vendors, who list and sell Products, and Buyers, who purchase such Products. The Company is merely a facilitator and provides a venue for Vendors and Buyers to transact. The contract for the sale and purchase of any Product is a bipartite contract concluded directly between the Vendor and the Buyer. The Company is not, and shall not be construed to be, a party to such contract, nor the seller, manufacturer, importer, distributor or owner of any Product listed on the Platform.

6.2. The Company is an “intermediary” within the meaning of the Information Technology Act, 2000 in respect of the listings, information and Content made available by Vendors and Users on the Platform. The Company does not endorse, and is not responsible for, the accuracy, quality, safety, legality or fitness of any Product listed by a Vendor, or for the ability of any Vendor to sell, or any Buyer to purchase, any Product.

6.3.The Company’s revenue is derived from the Platform Fee charged in respect of transactions facilitated through the Platform. The Platform Fee, and the manner of its calculation, may be published on the Platform or communicated to Vendors separately, and may be modified by the Company from time to time. charged in respect of transactions facilitated through the Platform. The Platform Fee, and the manner of its calculation, may be published on the Platform or communicated to Vendors separately, and may be modified by the Company from time to time.

6.4. Any dispute between a Buyer and a Vendor arising out of or in connection with a Product or a transaction, including in relation to the quality, quantity, description, condition, delivery, fitness or safety of a Product, is a dispute between the Buyer and the Vendor. The Company may, at its discretion and as a facilitator, provide a grievance and dispute-facilitation mechanism, but does not warrant or guarantee any particular outcome and is not liable for the acts or omissions of any Vendor or Buyer.

6.5. You agree and acknowledge that We are not the manufacturer of the Products, and the Platform shall in no manner be deemed to be the manufacturer or seller of the Products. We are only facilitating the purchase of the Products by providing the Services to You. You further acknowledge that the Products are third-party products and that, in case of any dispute in respect of a Product, including as to its quality, quantity, appearance, size, usage or safety, You shall direct such dispute to the concerned Vendor.

7.Vendor Onboarding, Licensing and Product Compliance

7.1.Vendors are onboarded and verified by the Company before they are permitted to list Products on the Platform. Verification by the Company is limited in scope and does not constitute an endorsement, certification or warranty by the Company as to the Vendor, its Products, or its compliance with applicable law. The Vendor alone is responsible for its Products and its conduct on the Platform.

7.2.Each Vendor represents, warrants and undertakes that, in respect of every Product it lists or sells through the Platform, it holds and maintains all registrations, licences, permits and approvals required under applicable law, including, as applicable, under the Insecticides Act, 1968 and the Insecticides Rules, 1971  for pesticides and insecticides; the Fertilizer (Control) Order, 1985 made under the Essential Commodities Act, 1955 for fertilizers; the Food Safety and Standards Act, 2006 and the regulations framed thereunder, including registration or licensing with the Food Safety and Standards Authority of India (FSSAI) for consumable food products; and any other sectoral law applicable to agricultural inputs, agri-chemicals, live tissue cultures or the relevant Product category.

7.3. Each Vendor further represents and warrants that its Products are genuine, safe, correctly labelled, packaged and stored in accordance with applicable law, are not misbranded, adulterated, spurious, expired or prohibited, and that the listing, sale, storage, handling and transport of such Products do not violate any applicable law, licence condition or third-party right. The Vendor shall provide accurate product information, including composition, batch, manufacturing and expiry details, usage instructions, safety warnings and statutory disclosures, as required by law.

7.4. The Company reserves the right to require Vendors to furnish evidence of their licences and compliance, to refuse, suspend or remove any listing, and to suspend or terminate any Vendor account, where the Company determines or reasonably suspects non-compliance with this Section or any applicable law, without prejudice to any other right or remedy available to the Company.

7.5. Buyers are responsible for ensuring that they are legally permitted to purchase, possess, handle and use the Products they order, and for using the Products strictly in accordance with the applicable label, statutory instructions and safety directions. Certain Products may be restricted, regulated or subject to conditions of sale under applicable law.

8.Limited Use and Licence

8.1. As long as You comply with these Terms, the Company grants You a personal, non-exclusive, non-transferable, limited and revocable privilege to access and use the Platform and the Services. The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or Software obtained through the Platform.

8.2. Limited reproduction and copying of the Content is permitted provided that ECSHA is stated as the source and the prior written permission of ECSHA is obtained. For the removal of doubt, unlimited or complete reproduction or copying of the Content for commercial or non-commercial purposes, and any unwarranted modification of the data and information within the Content, is not permitted. Throughout these Terms, ECSHA’s “prior written consent” means a communication issued by ECSHA specifically in response to Your request and specifically addressing the activity for which You seek authorization.

9.Prohibited Uses and Platform Integrity

To preserve the safety, security and scientific integrity of the ECSHA marketplace, all Users—including Buyers, visitors and registered Vendors—must strictly comply with this Section. Any breach of this Section constitutes a material breach of these Terms and may result in immediate account suspension, listing removal, payout holds and referral to relevant regulatory or law-enforcement authorities.

9.1.  Digital and technical integrity. You agree not to use, or attempt to use, the Platform, the Software, any mobile application or the APIs of ECSHA to: (a) gain or attempt to gain unauthorised access to ECSHA’s administrative systems, user databases, vendor portals or payment-gateway feeds through hacking, brute-force attacks or credential harvesting; (b) upload, transmit or distribute viruses, trojans, worms, logic bombs, spyware, keyloggers or any other code designed to disrupt, damage or compromise platform functionality; (c) use automated software, bots, spiders, crawlers or offline extraction tools to harvest product listings, vendor rosters, pricing models or proprietary site code without the prior written authorisation of ECSHA; or (d) impose an unreasonable or disproportionately large load on ECSHA’s server network, or attempt any denial-of-service (DoS/DDoS) attack.

9.2. Commercial and marketplace integrity. To ensure a fair, transparent and viable commercial ecosystem, the following practices are strictly prohibited: (a) fee avoidance / off-platform trading (disintermediation)—bypassing ECSHA’s checkout system to complete transactions offline; Vendors are prohibited from listing personal bank account numbers, direct payment links, QR codes, personal phone numbers or email addresses within product titles, descriptions or imagery to solicit off-platform sales; (b) review and rating manipulation—posting fake, compensated or biased reviews for your own listings, or orchestrating coordinated negative-review campaigns against competing Vendors; (c) search and catalogue spamming—creating duplicate product listings, using misleading keywords (keyword stuffing) or deliberately miscategorising items to manipulate search or marketplace visibility; and (d) misuse of customer data—using customer contact details obtained through order fulfilment for unauthorized marketing, offline harassment or direct non-ECSHA sales outreach.

9.3. Administrative actions and remedies. If ECSHA determines or reasonably suspects that a User has violated any provision of this Section, ECSHA reserves the immediate right to: (a) freeze payouts—temporarily hold or permanently forfeit pending Vendor payout balances in the associated payout account; (b) remove catalogue items—delete offending product listings or cancel unfulfilled orders without prior notice; (c) terminate accounts—suspend or permanently terminate Vendor or Buyer accounts; (d) seek indemnification—for any legal costs, regulatory fines or third-party damages incurred by ECSHA as a result of the violation; and (e) escalate to law enforcement—report severe violations, including bio-hazard distribution, fraudulent chemical sales or serious financial fraud, to cyber cells, agricultural departments and local law-enforcement authorities.

10.Orders, Pricing and Payment

10.1.The use of the Platform, including browsing the Platform, is free of cost. Buyers are only required to pay for the Products they wish to purchase. All prices listed on the Platform are in Indian Rupees (INR). The Platform currently supports one-time purchases and does not offer recurring subscriptions. The Company does not currently accept or fulfil international orders; Products are offered for delivery within India only.

10.2.Product prices, availability and descriptions are set and provided by the Vendors. The Company reserves the right, on its own behalf or on behalf of a Vendor, to correct any errors, inaccuracies or omissions and to change or update information, and to cancel orders (including after an order has been submitted) if any information on the Platform is inaccurate, including in relation to price, availability or description of a Product.

10.3.Payments for Products are processed through one or more third-party electronic payment processors or payment gateways (each, an “ESP”). By initiating a transaction, You authorize Us and/or the relevant ESP to process the applicable amounts and agree to be bound by the terms and conditions of the relevant ESP. In the event of a conflict between these Terms and an ESP’s terms, these Terms shall prevail as between You and the Company. Your card or account statement may reflect that a payment has been made in favour of the Company or its designated payment collection partner.

10.4.While availing any payment method available through the Platform, We will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to You due to: (a) lack of authorisation for any transaction; (b) exceeding any pre-set limit mutually agreed between You and Your bank; (c) any payment issue arising out of the transaction; or (d) the decline of a transaction for any reason. Amounts collected from Buyers may be settled to Vendors net of the Platform Fee and any applicable deductions in accordance with these Terms and the Company’s Vendor arrangements.

11.Delivery and Logistics

11.1.Products are delivered to the address provided by the Buyer at the time of placing the order, through one or more third-party logistics service providers and courier aggregators engaged by the Company or the Vendor. The Buyer is requested to enter the correct billing and shipping address (street number and name, city, state and PIN code); the Company is not liable for packages sent to an incorrect address on account of address information not being entered correctly.

11.2.The approximate delivery date and time for a particular Product shall be displayed on the Platform at the time of checkout or notified after completion of payment. Delivery dates and timings are indicative and subject to factors such as location serviceability, availability of the Product, and logistical factors such as traffic, weather conditions, political disruptions and other unforeseen circumstances. In case of delay in delivery, You shall be notified via phone call, SMS, email or other electronic communication channels.

11.3.You agree and understand that all items purchased from the Platform are made pursuant to a shipment contract, which means that the risk of loss and title for such items pass to You upon delivery of the item to the carrier by the Vendor. You may be required to show valid proof of identity in order to collect the Products delivered by the logistics partner. The Company, via its third-party delivery agent, shall attempt delivery on a maximum of three (3) occasions; any delay in delivery not attributable to You shall entitle You to cancel the order and, where applicable, receive a refund to Your original source of payment.

12.Cancellation, Refunds and Returns

ECSHA facilitates the trade of agricultural inputs and consumable food products. To maintain integrity and food-safety standards, the cancellation, refund and return policy is categorised strictly by product type. By purchasing on the Platform, both Buyers and Vendors agree to adhere to the rules set out in this Section. Because of the risk of product tampering, perishability and high transit costs, standard change-of-mind returns are strictly prohibited across all main categories.

12.1.Category-specific return matrix. Returns and replacements are governed by the following matrix:

12.2.Mandatory unboxing-video protocol (anti-fraud gate). To claim a replacement or refund for damaged, contaminated or short-shipped items, the Buyer must record a continuous, unedited video of the parcel being opened. The video must clearly show (a) the shipping label (specifically the tracking number and ECSHA Order ID), (b) the condition of the outer box before opening, and (c) the actual unboxing and a close-up of the damaged items (for example, cloudy/infected agar media, torn fertilizer bags or broken glassware). The video and photographs must be uploaded to the ECSHA dispute portal within the timeline specified in the matrix above (for example, within 24 hours for live tissue cultures). Claims submitted without a valid, unedited unboxing video will be automatically rejected.

12.3.Cancellation (pre-dispatch). For standard in-stock Products, Buyers may cancel an order for a 100% refund at any time before the shipping manifest/waybill is generated by the Vendor. Once a shipping label is generated and the package is handed to the courier aggregator, the order cannot be cancelled.

12.4.Circumstances in which refunds/replacements are permitted. Without prejudice to the matrix above, a refund or replacement may be permitted in the following circumstances: (a) non-delivery of Products resulting from an act or omission on the part of the Company, the Vendor and/or the designated delivery agent; (b) unreasonable delay in delivery without prior intimation to You; (c) where Your address falls within a ‘non-delivery zone’ as categorised by the Company and payment has been received from You; and (d) delivery of tampered or damaged packaging, or incorrect or expired contents, subject to the proof requirements set out in this Section.

12.5.Exclusions. No refund, return or replacement shall be processed: (a) in the event of any variation in packaging, colour, design, appearance, quantity or size from the Products displayed on the Platform, where such variation is not material; (b) in the event of expiry, non-availability or non-applicability of offers, vouchers, discount coupons, competitions or loyalty points; (c) for change of mind; or (d) where the mandatory unboxing-video protocol has not been complied with.

12.6.Financial settlement of approved disputes. When a dispute is approved by the ECSHA admin panel: (a) the Vendor is first given 48 (forty-eight) hours to ship a replacement batch to the Buyer at the Vendor’s own shipping expense; (b) if replacement is not possible (for example, the item is out of stock), a refund is initiated; (c) the refund amount is deducted from the Vendor’s pending balance and returned to the Buyer’s original payment method, net of applicable third-party payment-gateway charges; and (d) where the dispute was caused by Vendor negligence (for example, expired food or poor packing that broke in transit), the Vendor shall remain liable to pay the Company’s Platform Fee for processing the transaction.

12.7.Approved refunds shall ordinarily be processed within 30 (thirty) days of approval or of receipt of the returned Product by the Vendor, as applicable. Nothing in this Section limits or excludes any non-excludable statutory right available to a Buyer who is a ‘consumer’ under the Consumer Protection Act, 2019.

13.Reviews, Feedback, User Content and Data Retention

13.1.You may be invited by the Company to submit feedback, ratings, suggestions, comments, opinions, reviews and media (including photographs) on the Platform in relation to the Products purchased by You (“User Content”). It is at Your discretion whether to submit User Content. You retain ownership of Your User Content and grant the Company a non-exclusive, royalty-free, worldwide, transferable and sub-licensable licence to host, store, use, reproduce, adapt, publish, display and distribute such User Content on and in connection with the Platform and the Services.

13.2.You are solely responsible for the User Content that You submit. You represent and warrant that You have all necessary rights in and to Your User Content and that it does not infringe any third-party intellectual property or privacy right, does not violate any applicable law or regulation (including the relevant rules under the Information Technology Act, 2000), and is not defamatory, obscene, misleading or otherwise unlawful. You agree not to post any User Content that amounts to any of the foregoing.

13.3.The Company is deemed to be an “intermediary” as defined under applicable law with respect to the publishing of User Content and disclaims all responsibility and liability in respect of it. The Company has no obligation to monitor User Content but reserves the right, in its sole discretion, to remove or edit any User Content that violates, or is alleged to violate, any applicable law or these Terms, and to take down User Content upon receiving a valid complaint. The Company is not liable to pay any consideration for republishing any User Content.

13.4.The information or Content provided by You may be used by the Company for its business purposes, including market research, understanding consumer behaviour, profiling and data analytics, on an anonymised or aggregated basis. The Company may retain such information and Content for as long as necessary depending on the type of information and the purpose of its use, and in accordance with applicable law and the Privacy Policy.

14.Disclaimers and Warranties

14.1.The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted under applicable law, the Company makes no representations or warranties of any kind, whether express or implied, with respect to the Services, including warranties of merchantability, fitness for a particular purpose, quality, accuracy, title and non-infringement, or that the Services will function without interruption or error. Nothing in this Section operates to exclude or limit any right or protection that cannot be excluded or limited under applicable law, including non-excludable rights of a consumer under the Consumer Protection Act, 2019.

14.2.You acknowledge and agree that the contents of the Products are not manufactured by ECSHA and that ECSHA has no right or title to such contents, except the limited right to facilitate their marketing and delivery. The Products are third-party products supplied by Vendors, and any dispute in respect of a Product shall be directed by You to the concerned Vendor. ECSHA gives no warranty of fitness for purpose of any Product and disclaims all representations and warranties as to the accuracy, completeness, correctness, reliability or relevance of the description of the Products or any other Content, feedback, opinions, reviews, suggestions or recommendations displayed on the Platform.

14.3.All Products offered on the Platform are sold and supplied by Vendors and must be stored, handled, used, applied and (where applicable) consumed strictly in accordance with the manufacturer's and any statutory instructions, safety directions and the applicable product label or packaging. You order and use such Products at Your own risk. The Company has no knowledge of Your specific circumstances, requirements or conditions of use, and assumes no liability for any loss, damage, injury, adverse reaction, contamination, deterioration or other harm arising from the purchase, use, misuse, storage, handling or consumption of any Product. Certain Products may be regulated, restricted or subject to licensing under applicable law; it is the responsibility of the Vendor to comply with such law in listing and supplying the Product, and of the Buyer to ensure that it is legally entitled to purchase, possess and use the Product..

14.4.The Company disclaims all liability and responsibility with respect to Your use of the Platform and the Services, including Your use of third-party payment gateways and third-party logistics providers, and the security of the devices used by You to access the Platform. The Company takes reasonable efforts to ensure that Your use of the Platform is safe and consistent with security practices for digital platforms; however, the Company does not assume responsibility for the data-security practices and standards of any third-party service provider embedded in or integrated with the Platform.

15.Limitation of Liability

Please read this Section carefully as it limits the liability of ECSHA and its affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (collectively, the “ECSHA Parties”). Each of the sub-paragraphs below applies only up to the maximum extent permitted under applicable law, and nothing in this Section is intended to limit any rights You may have which may not be lawfully limited.

15.1.Your access to and use of the Services or any Content are at Your own risk. To the maximum extent permitted under applicable law, the ECSHA Parties disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose and non-infringement, and make no warranty as to the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content.

15.2.To the maximum extent permitted by applicable law, the ECSHA Parties shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from (i) Your access to or use of, or inability to access or use, the Services; (ii) any conduct or Content of any third party (including any Vendor) on the Services, including any defamatory, offensive or illegal conduct of other Users or third parties; (iii) any Content or Product obtained from or through the Services; or (iv) unauthorized access, use or alteration of Your transmissions or Content.

15.3.In no event shall the aggregate liability of the ECSHA Parties, arising out of or in connection with these Terms, the Services or any Product, exceed the amount of the Platform Fee actually received by the Company in respect of the transaction giving rise to the claim, or, where the claim does not relate to a specific transaction, the amount paid by You to the Company, if any, in the twelve (12) months preceding the event giving rise to the claim. The limitations of this Section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the ECSHA Parties have been advised of the possibility of such damage.

16.Indemnification

16.1.You agree to indemnify and hold harmless the Company and its officers, directors, employees and agents from and against any charges, complaints, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ and experts’ fees) arising out of or relating to (a) any violation by You of these Terms, including the representations, warranties and obligations herein; (b) Your violation of any applicable law, rule or regulation; (c) Your infringement of any intellectual property or other right of any person or entity; (d) in the case of a Vendor, any Product listed, sold or supplied by You, including any defect, mislabelling, regulatory non-compliance, tampering, adulteration or harm caused by such Product; and (e) Your access to or use of the Services and the Platform.

17.Intellectual Property Rights

17.1.The Services and all processes, content, software, market data, research and analyses, consumer insights, methodologies, anonymized profiling data, know-how, packaging, appearance, style, designs and trade secrets used by the Company in creating and performing the Services and operating the Platform, as well as all related intellectual property rights throughout the world and all modifications and derivative works thereof (collectively, the “Company Intellectual Property”), are protected by Indian copyright, trade-mark and other intellectual property laws, belong exclusively to the Company, and may not be used or reproduced by You without the express written permission of the Company. The Company reserves any and all rights in the Company Intellectual Property that are not expressly granted.

17.2.You agree that You will not: (a) alter, modify, adapt, reverse engineer, decompile or disassemble the Products, the Services or the Software, or create derivative works from the Company Intellectual Property; (b) license, share, resell, sell or otherwise transfer the Company Intellectual Property or access thereto to any third party; or (c) remove or alter any copyright, trade-mark or other proprietary notices included in the Company Intellectual Property. Your use of the Platform and the Services does not include any authority to resell or commercially exploit the Platform, the Services, the ECSHA brand or its Content, product listings, descriptions, images, text, page layout or illustrations for the benefit of another merchant, including by way of data mining, robots or data-extraction tools.

18.Third-Party Links and Services

18.1.The Platform relies on and integrates with third-party services, including payment gateways and logistics service providers, and may from time to time contain links to third-party websites, content or resources. The Company has no control over, does not endorse, and is not responsible or liable for, the availability, accuracy, content, products, services or practices of any such third party. Your dealings with, and reliance on, any such third party are at Your own risk and may be subject to the third party’s own terms and privacy policy, which You are advised to review.

19.Suspension and Termination

19.1.The Company may, at its sole discretion and without prior notice, suspend, restrict or terminate Your access to the Platform and the Services, remove or disable any listing or Content, and freeze or forfeit pending Vendor payouts, where You breach these Terms, provide false or incomplete information, engage in conduct that is unlawful or harmful to the Company, other Users or third parties, or where required by applicable law. Suspension or termination shall be without prejudice to any right or remedy that may otherwise be available to the Company.

19.2.Upon termination, Your right to access and use the Services shall immediately cease. Sections relating to definitions, intermediary status, disclaimers, limitation of liability, indemnification, intellectual property, governing law and dispute resolution, and any other provision which by its nature is intended to survive, shall survive termination. The Company may retain information and Content following termination to the extent required to resolve disputes, enforce these Terms and comply with applicable law, in accordance with the Privacy Policy.

20.Force Majeure

20.1.The Company will not be responsible for any breach of these Terms, or any damage, loss, cost or expense, caused by any failure or delay in the performance of the Services or disruption to the Platform where such failure or delay is caused by an act of war, floods, fires, inclement weather, hostility, sabotage, act of God, epidemic or pandemic, lockdown, labour stoppage, electrical, internet, cellular-network or telecommunication failure, power outage, government restriction, political strike or any other event outside the reasonable control of the Company.

21.Grievance Redressal

21.1.In accordance with the Information Technology Act, 2000 and the rules framed thereunder, and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer of the Company are set out below. Any complaint or grievance in relation to the Platform, the Services, any Content, or any breach of these Terms may be addressed to the Grievance Officer, who shall acknowledge the complaint within 48 (forty-eight) hours and endeavour to resolve it within such period as prescribed under applicable law (ordinarily within one month of receipt).

             Grievance Officer: Evangeline Shobia

             Email: admin@ecsha.com

            Address: 10/24, Thengamputhur Main Road, Thengamputhur – 629602, Kanyakumari District, Tamil Nadu, India

22.Governing Law, Jurisdiction and Dispute Resolution

22.1.These Terms shall be governed by, and construed in accordance with, the substantive laws of India. Subject to the arbitration provisions below, each party irrevocably submits to the exclusive jurisdiction of the courts at Nagercoil, Tamil Nadu, India in respect of any dispute, legal action or proceeding arising out of or in connection with these Terms.

22.2.Should any dispute, difference or claim arise out of or relating to these Terms, their interpretation, breach, termination, applicability or validity, or the relationship between the Company and You (a “Dispute”), the parties shall first endeavour to settle the Dispute amicably. If the Dispute is not resolved through amicable settlement within 15 (fifteen) days after commencement of discussions, or such longer period as the parties may agree in writing, either party may refer the Dispute to arbitration under the Arbitration and Conciliation Act, 1996 or any statutory amendment or re-enactment thereof. The arbitration shall be conducted by a sole arbitrator appointed by mutual consent of the parties. The seat and venue of arbitration shall be Nagercoil, Tamil Nadu, India, and the language of the proceedings shall be English.

22.3.The award rendered in such arbitration shall be final and binding on the parties. Nothing in this Section shall prevent either party from seeking interim or interlocutory relief from a court of competent jurisdiction. Nothing in this Section limits any right that a Buyer who is a ‘consumer’ may have to approach a consumer forum under the Consumer Protection Act, 2019.

23.Severability and Invalidity

23.1.If any provision of these Terms is held to be invalid or unenforceable, in whole or in part, in any jurisdiction, that provision shall, to that extent, be deemed ineffective in such jurisdiction without affecting the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

24.General

24.1.The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms, together with the Privacy Policy and any policy incorporated by reference, contain the entire agreement between You and the Company with respect to their subject matter and supersede all prior agreements. You may not assign or delegate any rights or obligations under these Terms without the prior written consent of the Company; the Company may freely assign or delegate its rights and obligations under these Terms, in whole or in part, without notice to You.

24.2.These Terms allow the Company to access registered Users’ contact information, including email address and phone number, for the purpose of providing the Services and obtaining feedback, comments, suggestions, opinions and reviews in relation to Your use of the Platform and the Services, in accordance with the Privacy Policy.