Terms of Use
Welcome to https://ecoetosha.com ("Site"). This Site is owned by Physis Clothing (OPC) Private Limited (Etosha). THESE TERMS GOVERN THE USE OF THIS SITE AND ALSO APPLY TO PURCHASES FROM THIS SITE. When you use this Site or make any purchases from the site, this Site constitutes your agreement to follow and be bound by these terms. We may modify or change these terms at any time, without prior notice. Your continued use of this Site following any such change constitutes your agreement to follow and be bound by the terms as modified. If at any time you do not agree to or fail to abide by these terms you are no longer permitted to use this Site or make purchases from this Site. We may terminate or suspend your account, delete your profile or any of your user content, restrict your use of all or any part of the Site at any time and for any reason, without any liability to the Etosha, subject to applicable law. Any person or entity who interacts with the Site through the use of any AI, data mining tools or such other software or programmes or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site.
A. Login and Password
You may be required to register with Etosha in order to access certain services or areas of the Site. You can create your account giving a personal ID and password and Etosha, may in its sole discretion, restrict or deny use of any particular Username or password. Your username and password are for your personal use only and kindly do not share your username or password with any other individual or third party. You are responsible for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account using your login ID and password. You are entirely responsible for the security and confidentiality of your password and your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of this Site and the services provided on this Site.
You agree that you will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without Etosha’s express written permission. Additionally, you agree that you will not:
B. Unlawful or Prohibited Uses
The Site should be used only for lawful purposes in accordance with the terms of this Terms of Use. As a condition of your use of this Site, you confirm that you will not use the Site for any purpose that is unlawful or prohibited by this Terms of Use. Whether on behalf of yourself or on behalf of any third party, you may not:
- Make any commercial use of the Site or its Contents (as defined below), including making any collection or use of any product listings, descriptions, prices or images;
- Download, copy or transmit any Contents for the benefit of any other merchant or for commercial purposes;
- Use or attempt to use any software, tool, data or other device or mechanism to navigate or search the Site other than by generally publicly available browsers;
- Frame, mirror or use framing techniques on any part of the Site without Etosha’s express prior written consent;
- Make any use of data extraction, scraping, mining or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store or use any Content, account information, product listings, descriptions, prices or images, except pursuant to this Terms of Use;
- Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that Etosha endorses any statement you make;
- Conduct fraudulent activities on the Site;
- Violate or attempt to violate the security of the Site, whether in an automated fashion or otherwise;
- Tamper with the Site or use or attempt to use any device, software, routine or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
- Use the Site to advertise or offer to sell or buy any goods or services without Etosha’s express prior written consent;
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site (or content thereof);
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site; or
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
C. User Comments, Feedback and Other Submissions
All comments, reviews, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Etosha on or by this Site or through other means (including via Consumer Care calls or by mail) or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, "Comments") shall be and remain the property of the Etosha only. Etosha will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Etosha is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that Etosha may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity
D. Communications (Whatsapp, Emails, SMS and other means of Social Media)
Through your use of this Site you may be asked to provide Etosha with your personal email address & contact details. If you choose to provide your personal email address & contact details, you expressly agree that Etosha may contact you or send email to you for the purpose of advising you of changes or additions to this Site, about any of Etosha’s products or Etosha’s services, or for such other purpose(s) as Etosha deems appropriate.
E. Pricing and Product Information
We take appropriate steps to ensure that the information on this Site is complete, accurate and current. Despite our best efforts, the information on this Site may occasionally be inaccurate, incomplete, or out of date. Except as prohibited by applicable law, we make no representation as to the completeness, accuracy, or currency of any information on this Site. For example, products included on this Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Site. We may make changes in information about price and availability without notice. Further, all product descriptions and offerings are subject to change by us at any time without any notice. We always strive to provide the correct pricing information. However, in the event that pricing errors occur we reserve the right to cancel any order containing pricing inaccuracies, regardless of the receipt by you of any order or shipping confirmation. While it is our practice to send confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order and may require you to acknowledge that you are not placing an order for the purpose of reselling our products.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Site. All purchases from this Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this Site pass to you upon delivery of the items to the carrier.
F. Product Purchases
If you wish to purchase any product made available through the Site (a "Transaction"), you may be asked to provide certain information relevant to your Transaction such as your method of payment, your billing address, your shipping information and so on. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Etosha the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
G. Quantity Limitation
Etosha offers merchandise to consumers through this Site. Etosha may from time to time, at its sole discretion, reject or limit quantities on orders placed by the same individual or account, orders placed by the same credit card, and/or orders placed using the same shipping or billing address. In addition, Etosha reserve the right, in its sole discretion, to reject any sale or order or limit the quantity of any purchase, to a reseller. A reseller is defined as any individual that purchases goods with the intention of selling them to others, and not solely for personal use. Notwithstanding anything to the contrary, Etosha does not offer additional discounts on any purchase made with the intent to resell.
H. Site Contents
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (the "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Physis Clothing (OPC) Private Limited and/or its associates. Any unauthorized use of Etosha’s protected properties is prohibited. You may not modify in any way any part of this Site or the information and data listed. No portion of these materials may be reprinted, copied or republished in any form without the prior written permission of the Etosha. You may, however, download and copy items such as store locations or product descriptions displayed for personal, non-commercial use only.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this Site, or any related software. You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of this Site and services offered by this Site.
I. Links to Other Sites
The Site may contain links and interactive functionality interacting with the websites of third parties, including social media sites. Etosha is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of the Site to communicate with any such website or otherwise visiting any such website, Etosha strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on the Site do not constitute an endorsement by Etosha of such third-party sites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.
J. Filtering
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Please note that we do not endorse any of such products or services.
K. Products Specifications
All features, content, specifications, products, and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Etosha has made every effort to display as accurately as possible the colors of our products that appear at this Site. However, as the actual colors you see will depend on your monitor, Etosha cannot guarantee that your monitor's display of any color will be accurate.
L. Disclaimer of Warranties
Etosha cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THIS SITE AND ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE, AND THAT ETOSHA SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
M. Indemnification
You agree to defend, indemnify and hold harmless Physis Clothing (OPC) Private Limited, and its respective shareholders, employees, directors, officers, and agents from and against any and all claims, damages, costs, liabilities, fines, penalties, and expenses, including reasonable attorneys' fees, arising from or related to your breach of this Terms of Use, your use of this Site, or any purchases through this Site.
Neither Etosha nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, pandemic, epidemic, war, revolution, civil commotion or acts of civil or military authorities or public enemies, any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labour unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
N. Limitation of Liability
ETOSHA SHALL NOT BE LIABLE FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, OR TO MAKE ANY PURCHASES IN THIS SITE. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OR DAMAGE TO PROPERTY; AND CLAIMS OF THIRD-PARTIES. YOU ACKNOWLEDGE AND AGREE THAT ETOSHA HAS NOT MADE AND IS NOT IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ETOSHA DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THIS SITE , AND ETOSHA SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO.
Jurisdiction
This Site is displayed solely for the purpose of promoting Etosha’s products and Etosha services available in India. This Site is controlled and operated by Etosha through its offices in Bangalore, Karnataka. This Site, its terms, advertisements, and offerings, including all purchases made through this Site, shall be construed in accordance with the laws of India, without regard to any conflict of law provisions.
Copyrights notice
Welcome to Etosha's webpage!
- All content on this website, including but not limited to text, images, graphics, logos, designs, and videos, is the property of Etosha and is protected by Indian and international copyright laws.
- You may not reproduce, distribute, modify, transmit, or use any of the content on this website for any commercial or public purpose without the prior written consent of Etosha.
- All trademarks, service marks, and trade names used on this website are the property of Etosha and may not be used without our prior written consent.
- We take intellectual property rights seriously and will take legal action against any unauthorized use of our content or trademarks.
- If you believe that your intellectual property rights have been infringed upon on this website, please contact us immediately.
Thank you for respecting our copyrights notice.