Terms and Conditions
Please read these Terms and Conditions of Use (the "Agreement") carefully
before using this website. By using www.efello.com
owned and operated by Koyal online Pvt. Ltd, (referred to herein as "EFELLO,"
"we," "us" and "our"), you agree to be bound by this
Agreement. If you do not agree to the terms and conditions of this Agreement, EFELLO
reserves the right to change this Agreement, in whole or in part, from time to time
at our sole discretion, and to provide you with notice of such change by any reasonable
means, including without limitation posting the revised draft of this Agreement
on the EFELLO WEBSITES. You can determine when this Agreement was last revised by
referring to the "LAST UPDATED" legend at the top of this Agreement. You
should always check this Agreement prior to using the EFELLO WEBSITES. Your continued
use of the EFELLO WEBSITES following the posting of changes to this Agreement will
mean that you accept those changes.
For purposes of this Agreement, the following terms have the following meanings:
The "EFELLO Independent Sales Representative Contract" means EFELLO's
Independent Sales Representative Contract, collectively with the EFELLO Independent
Sales Representative Terms and Conditions and any Policies and Procedures
attached to or accompanying such contract.
An "EFELLO Independent Sales Representative" is an individual (a) who
has agreed, pursuant to the terms of an EFELLO Independent Sales Representative
Contract, to be an EFELLO independent sales representative, (b) who remains an active
EFELLO independent sales representative in good standing, and (c) whose EFELLO Independent
Sales Representative Contract or status as an EFELLO independent sales representative
has not been terminated.
The EFELLO WEBSITES are owned and operated by EFELLO. The contents of the EFELLO
WEBSITES are copyrighted under Indian copyright laws and may also be copyrighted
under the laws of other countries. Except as stated herein, none of the material
on the EFELLO WEBSITES may be copied, reproduced, distributed, republished, uploaded,
displayed, posted or transmitted in any way whatsoever. Subject to your compliance
with this Agreement, and solely for as long as you are permitted by EFELLO to access
and use the EFELLO WEBSITES, you may download one (1) copy of any particular materials
from the EFELLO WEBSITES for your own personal, non-commercial use, provided that
you agree to abide by any copyright notice or other restrictions contained in or
applicable to such materials, including any author attribution, copyright or trademark
notice or restriction in any such material that you download. Modification of the
materials, or use of the materials for any other purpose, whether commercial or
noncommercial, is a violation of EFELLO's copyright and other proprietary rights.
"EFELLO" and the other EFELLO trademarks, trade names, service marks and
logos appearing on the EFELLO WEBSITES are proprietary trademarks of EFELLO. The
use of any of our trademarks or any other content made available through the EFELLO
WEBSITES, except as expressly provided in this Agreement, is strictly prohibited.
Information Submitted Through the EFELLO WEBSITES
Your submission of information through the EFELLO WEBSITES is governed by EFELLO's
Security and Privacy Statement (the "Security and Privacy Statement"),
located at http://www.efello/privacy_policy.aspx, and this Agreement incorporates
by reference the terms and conditions of the Security and Privacy Statement. You
represent and warrant that any information you provide in connection with your use
of the EFELLO WEBSITES is true, accurate and complete, and that you will maintain
and update such information as needed, such that the information remains true, accurate
Registration; User Names and Passwords
You will be required to register with EFELLO in order to access certain areas of
the EFELLO WEBSITES, for example, to purchase EFELLO products or otherwise initiate
Transactions .With respect to any such registration, we may refuse to grant you,
and you shall not use, a user name or email address that belongs to or is already
being used by another person; that may be construed as impersonating another person;
that violates the intellectual property or other rights of any person; that is offensive;
or that we reject for any other reason in our sole discretion. You are solely responsible
for maintaining the confidentiality of any password you may use to access the EFELLO
WEBSITES, and you agree not to transfer your password or user name, or lend or otherwise
transfer your use of or access to the EFELLO WEBSITES, to any third party. You are
fully responsible for all Transactions (including any information transmitted in
connection with any Transactions) and other interactions with the EFELLO WEBSITES
that occur in connection with your user name. You agree to immediately notify EFELLO
of any unauthorized use of your password or user name or any other breach of security
related to your account, your user name or the EFELLO WEBSITES, and to ensure that
you "log off" and exit from your account with the EFELLO WEBSITES (if
applicable) at the end of each session. We are not liable for any loss or damage
arising from your failure to comply with any of the foregoing obligations.
Rules of Conduct
We expect users of the EFELLO WEBSITES to respect the law as well as the rights
and dignity of others. While using the EFELLO WEBSITES you agree to comply with
all applicable laws, rules and regulations. In addition, your use of the EFELLO
WEBSITES is conditioned on your compliance with the rules of conduct set forth in
this section, and failure to comply with these rules of conduct may result in termination
of your access to the EFELLO WEBSITES .
You agree not to:
Post, transmit, or otherwise make available through or in connection with the EFELLO
1. Any information or materials that are or may be, or the posting, transmission
or use of which is or may be: (a) threatening, harassing, degrading, hateful or
intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene,
indecent, pornographic or otherwise objectionable; or (e) protected by copyright,
trademark, trade secret, right of publicity or privacy or any other proprietary
2. Any material that would give rise to criminal or civil liability; that encourages
conduct that constitutes a criminal offense; or that encourages or provides instructional
information about illegal activities or activities such as "hacking,"
"cracking," or "phreaking."
3. Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer
code, file, or program that is harmful or invasive or that may or is intended to
damage, hijack, disable, interfere with, or disrupt the operation of, or monitor
the use of, any hardware, software or equipment.
4. Any unsolicited or unauthorized advertisements, promotional material, "junk
mail," "spam," "chain letter," "pyramid Policy"
or investment opportunity, or any other form of solicitation that is not expressly
approved by EFELLO in advance.
5. Any personally identifiable information of another individual, without the prior
consent of such individual.
6. Any material, non-public information about a company, without the proper authorization
to do so.
7. Use the EFELLO WEBSITES for any fraudulent or unlawful purpose.
8. Use the EFELLO WEBSITES to defame abuse, harass, stalk, threaten or otherwise
violate the legal rights of others, including without limitation others' privacy
rights or rights of publicity, or to harvest or collect information about users
of the EFELLO WEBSITES.
9. Impersonate any person or entity, including without limitation any representative
of EFELLO; falsely state or otherwise misrepresent your affiliation with any person
or entity in connection with the EFELLO WEBSITES; or express or imply that we endorse
any statement you make.
10. Interfere with or disrupt the operation of the EFELLO WEBSITES or the servers
or networks used to make the EFELLO WEBSITES available; or violate any requirements,
procedures, policies or regulations of such networks.
11. Restrict or inhibit any other person from using the EFELLO WEBSITES (including
without limitation by hacking or defacing any portion of the EFELLO WEBSITES).
12. Use the EFELLO WEBSITES to advertise or offer to sell or buy any goods or services
for any business purpose, without EFELLO's express prior written consent.
13. Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any
commercial purposes, any portion of, use of, or access to, the EFELLO WEBSITES.
14. Modify, adapt, translate, reverse engineer, decompile or disassemble any portion
of the EFELLO WEBSITES.
15. Remove any copyright, trademark or other proprietary rights notice from the
EFELLO WEBSITES or materials originating from the EFELLO WEBSITES.
16. Frame or mirror any part of the EFELLO WEBSITES.
17. Create a database by downloading and storing EFELLO WEBSITES content.
18. Use any robot, spider, site search/retrieval application or other manual or
automatic device to retrieve, index, "scrape," "data mine" or
in any way gather EFELLO WEBSITES content or reproduce or circumvent the navigational
structure or presentation of the EFELLO WEBSITES without EFELLO's express prior
19. Additionally, you acknowledge and agree that you (and not EFELLO) are responsible
for obtaining and maintaining all telecommunications, broadband, and computer hardware,
equipment, and services needed to access and use the EFELLO WEBSITES, and for paying
all charges related thereto.
Forums and Submissions
EFELLO may offer features through the EFELLO WEBSITES that enable you to post information
and materials publicly, for example, bulletin boards, chat areas, and similar forums
(collectively referred to herein as "Forums"). All of the rules of conduct
described in Section 5 above apply to the Forums. Additionally, without EFELLO's
express prior written consent, you may not use the Forums for any commercial purposes,
including the promotion or advertisement of any goods, services or opportunities,
and you may not use the Forums to solicit other EFELLO WEBSITE visitors or users
to visit or become members of, subscribe to or register with any commercial online
service or other organization.
When you submit or make available any information or materials through the Forums
or otherwise through any EFELLO WEBSITE ("Submissions"), you acknowledge
and agree that those Submissions will be non-proprietary and non-confidential, may
be made available to the general public, and may be used by EFELLO without restriction.
You grant to EFELLO the worldwide, perpetual, royalty-free, irrevocable, nonexclusive
right and license, sub licensable through multiple tiers, without compensation to
you, to use, reproduce, distribute (through multiple tiers), adapt (including without
limitation edit, modify, translate and reformat), create derivative works of, transmit,
publicly display, publicly perform, digitally perform, make, have made, sell, offer
for sale and import all Submissions, in any media now known or hereafter developed,
for any purpose whatsoever, commercial or otherwise. You represent and warrant that
you have all rights necessary for you to grant the licenses granted in this section
with respect to each Submission, and that your provision of Submissions through
the Forums or otherwise through the EFELLO WEBSITES complies with all applicable
laws, rules and regulations. You further irrevocably waive any "moral rights"
or other rights with respect to attribution of authorship or integrity of materials
regarding any Submission that you may have under any applicable law or under any
legal theory. This section will survive termination of this Agreement for any reason.
We reserve the right, at our sole discretion, to edit any Submission and to choose
to include or not include such Submission in the Forums or otherwise in the EFELLO
WEBSITES. The Forums include the opinions, statements and other content of third
parties, including EFELLO Independent Parties. We are not responsible for screening,
monitoring or verifying such content, including such content's accuracy, reliability
or compliance with copyright or other laws. Any opinions, statements or other materials
made available by third parties (including EFELLO Independent Parties) through the
Forums or otherwise through the EFELLO WEBSITES are those of such third parties
and not of EFELLO, and EFELLO does not endorse any such opinions, statements or
materials. We may remove objectionable statements or other content from the EFELLO
WEBSITES at any time if we deem removal to be warranted. Please understand that
removal or editing of any Submission or other materials may not occur immediately.
You acknowledge and agree that EFELLO has no control over, and shall have no liability
for any damages resulting from, the use (including without limitation e-publication)
or misuse by any third party of information voluntarily made public through the
Forums or any other part of the EFELLO WEBSITES. IF YOU CHOOSE TO MAKE ANY OF YOUR
PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH
THE FORUMS OR OTHERWISE THROUGH THE EFELLO WEBSITES, YOU DO SO AT YOUR OWN RISK.
Contests and Similar Promotions
Any contest, or similar promotion made available through any EFELLO WEBSITES may
be governed by specific rules that are separate from this Agreement. By participating
in any such contest, or promotion, you agree to become subject to those rules, which
may vary from the terms and conditions set forth herein. EFELLO urges you to read
the applicable rules, if any, which will be linked from the particular activity,
and to review the Security and Privacy Statement, which, in addition to this Agreement,
will govern any information you submit in connection with such activities.
Purchases and Other Transactions
If you wish to purchase any product or service or to make a payment to your EFELLO
account through an EFELLO WEBSITE (each such purchase or other transaction, a "Transaction"),
you may be asked to supply certain information relevant to your Transaction, including
without limitation your credit card number, your credit card verification or other
security code, the expiration date of your credit card, your billing address and
your shipping information. Any such information provided through the EFELLO WEBSITES
will be treated by EFELLO in accordance with this Agreement and the Security and
Privacy Statement. Verification of information may be required prior to the acknowledgment
or completion of any Transaction. You represent and warrant that you have the legal
right to use any credit card(s) or other payment means used to initiate any transaction.
EFELLO reserves the right, with or without prior notice, (a) to change product or
service descriptions, images and references; (b) to limit the available quantity
of any product or service; (c) to honor, or impose conditions on the honoring of,
any coupon, coupon code, promotional code, incentive offer or other promotion; (d)
to prevent or prohibit any user or customer from making any or all Transaction(s);
and/or (e) to refuse to provide any user or customer with any product or service.
Price and availability of any product or service offered through the EFELLO WEBSITES
are subject to change without notice, and EFELLO shall not be responsible for errors
in the prices or descriptions of such products or services. Refunds and exchanges
will be subject to EFELLO's refund and exchange policies then in effect. You agree
to pay all charges that may be incurred by you or on your behalf through the EFELLO
WEBSITES, at the price(s) in effect when such charges are incurred, including without
limitation all shipping and handling charges. In addition, you remain responsible
for any taxes that may be applicable to your Transactions.
Unless otherwise specified, materials made available through the EFELLO WEBSITES
are presented solely for the purpose of providing services and promoting products
available in India. EFELLO makes no representation or warranty that any EFELLO WEBSITE,
in whole or in part, or any products, services, or materials made available through
the EFELLO WEBSITES, are appropriate or available for use in other locations. Those
who choose to access the EFELLO WEBSITES from other locations do so on their own
initiative and at their own risk and are responsible for compliance with local laws,
rules and regulations, if and to the extent local laws, rules or regulations are
Links to or From Other Sites
Except as otherwise expressly stated by EFELLO on an EFELLO WEBSITE, EFELLO is not
affiliated or associated with operators of any third party websites that link to
or are linked from the EFELLO WEBSITES. EFELLO expressly disclaims any responsibility
for the accuracy, content, or availability of information found on third party websites
that link to or are linked from the EFELLO WEBSITES. We cannot ensure your satisfaction
with any products or services that are available through any third party site that
links to or is linked from the EFELLO WEBSITES because these third party sites are
owned and operated by independent entities. We do not endorse any of the products
or services, nor have we take any steps to confirm the accuracy or reliability of
any of the information, made available through any third party sites. We make no
representations or warranties as to the security of any information (including without
limitation credit card and other personal information) that you may provide or be
requested to provide to any third party, whether through such a third party site
YOU AGREE THAT YOUR USE OF THIRD PARTY SITES AND RESOURCES AND ANY CONTENT, INFORMATION,
DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH
SUCH SITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS
OF USE APPLICABLE TO SUCH SITES AND RESOURCES.
EFELLO shall have the right, at any time and at its sole discretion, to block links
to the EFELLO WEBSITES through technological or other means without prior notice.
THE EFELLO WEBSITES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. EFELLO MAKES
NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS
OF ANY MATERIAL ON OR ACCESSIBLE THROUGH THE EFELLO WEBSITES. ANY RELIANCE ON OR
USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. EFELLO MAKES NO REPRESENTATION
OR WARRANTY (A) REGARDING THE STATEMENTS, ACTS OR OMISSIONS OF ANY EFELLO INDEPENDENT
PARTIES; (B) THAT THE EFELLO WEBSITES WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT
ACCESS TO THE EFELLO WEBSITES WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; (C) THAT
DEFECTS OR ERRORS WILL BE CORRECTED; OR (D) THAT THE EFELLO WEBSITES OR THE SERVERS
OR NETWORKS THROUGH WHICH THE EFELLO WEBSITES ARE MADE AVAILABLE ARE SECURE OR FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS.
While we try to maintain the integrity and security of the EFELLO WEBSITES and the
servers from which the EFELLO WEBSITES are operated, the EFELLO WEBSITES may include
inaccuracies, errors and materials that violate or conflict with this Agreement.
Additionally, third parties may make unauthorized alterations to the EFELLO WEBSITES.
If you become aware of any unauthorized third party alteration to the EFELLO WEBSITES,
contact us at email@example.com with a description
of the material(s) at issue and the URL or location on the applicable EFELLO WEBSITE
where such material(s) appear.
Limitation of Liability
IN NO EVENT SHALL EFELLO, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE
EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES (THE FOREGOING ENTITIES,
COLLECTIVELY, THE "EFELLO ENTITIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) THIS AGREEMENT, (B) THE EFELLO
WEBSITES, (C) YOUR USE OF OR INABILITY TO USE THE EFELLO WEBSITES, OR (D) THE ACTS
OR OMISSIONS OF EFELLO INDEPENDENT PARTIES, IN EACH EVENT, EVEN IF EFELLO OR SUCH
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EFELLO IS NOT RESPONSIBLE
FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR SUBMISSIONS, TRANSMISSIONS
OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. EFELLO
IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE
OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY (INCLUDING WITHOUT LIMITATION ANY
EFELLO INDEPENDENT PARTY), OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER'S INTELLECTUAL
PROPERTY, PRIVACY OR OTHER RIGHTS. YOU AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE
OBTAINED BY YOU THROUGH THE USE OF EFELLO WEBSITES IS DONE AT YOUR OWN RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT. WITHOUT PREJUDICE
TO WHAT IS STATED HEREINABOVE IN THIS CLAUSE, IN NO EVENT SHALL EFELLO'S TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR
OTHERWISE) ARISING FROM OR RELATED TO THIS AGREEMENT, THE EFELLO WEBSITES, OR YOUR
USE OF OR INABILITY TO USE THE EFELLO WEBSITES EXCEED THE AMOUNT PAID BY YOU, IF
ANY, FOR USING OR ACCESSING THE EFELLO WEBSITES.
You will indemnify and hold the EFELLO Entities harmless from and against any and
all claims, actions, demands, causes of action, costs and expenses including attorney’s
fees and other proceedings arising from or related to any of the following (the
"Claims"): (a) your use of, inability to use, or activities in connection
with the EFELLO WEBSITES; (b) any violation of this Agreement or any other EFELLO
terms, conditions or policies by you or through any account you may have with any
EFELLO WEBSITE; (c) any Transaction; (d) any allegation that any Submission or other
materials that you make available through the EFELLO WEBSITES infringe or otherwise
violate the intellectual property, privacy, or other rights of any third party;
or (e) your violation of any rights of any EFELLO WEBSITE visitor, user, or customer,
or any other third party; and you agree to reimburse the EFELLO Entities on demand
for any damages, losses, costs, judgments, fees, fines and other expenses they incur
(including attorneys' fees and court costs) as a result of any Claim(s).
Termination and Enforcement
This Agreement is effective until terminated by EFELLO. You agree that EFELLO, at
its sole discretion, may terminate your access to or use of the EFELLO WEBSITES,
at any time and for any reason, including without limitation if EFELLO believes
that you have violated or acted inconsistently with the letter or spirit of this
Agreement (including but not limited to your failure to comply with the rules of
conduct set forth in Section 5 above). Upon any such termination, your right to
use the EFELLO WEBSITES will immediately cease. You agree that any termination of
your access to or use of the EFELLO WEBSITES may be effected without prior notice
and that EFELLO may immediately deactivate or delete any user name and/or password
used by or provided to you, and all related information and files associated therewith,
and/or bar any further access to such information or files. You agree that EFELLO
shall not be liable to you or any third party for any termination of your access
to the EFELLO WEBSITES or to any such information or files, and shall not be required
to make such information or files available to you after any such termination. EFELLO
reserves the right to takes steps that EFELLO believes are necessary or appropriate
to enforce and/or verify compliance with this Agreement (including without limitation
in connection with any legal process relating to your use of the EFELLO WEBSITES
and/or a third party claim that your use of the EFELLO WEBSITES is unlawful or violates
such third party's rights).
Information or Complaints
If you have a question or complaint regarding the EFELLO WEBSITES, please send an
email to firstname.lastname@example.orgYou may also contact
us by writing to KOYAL ONLINE PVT LTD. D 5/4,OKHLA PHASE-2, NEW DELHI-110020 PH.
Waiver / Severability
No waiver by EFELLO of any breach or default hereunder will be deemed to be a waiver
of any preceding or subsequent breach or default. If any provision of this Agreement
shall be deemed to be unlawful, void or for any reason unenforceable, then that
provision shall be deemed severable from these terms and shall not affect the validity
and enforceability of any remaining provisions.
This Agreement shall be governed by the laws of India. You agree that any dispute
or claim arising out of or relating to this Agreement shall be resolved only by
the courts located in Delhi, India and you hereby consent and submit to the jurisdiction
of such courts for the purposes of litigating any such dispute or claim.
We as a merchant shall be under no liability whatsoever in respect of any loss or
damage arising directly or indirectly out of the decline of authorization for any
Transaction, on Account of the Cardholder having exceeded the preset limit mutually
agreed by us with our acquiring bank from time to time
This Agreement does not, and shall not be construed to, create any partnership,
joint venture, employer-employee, agency or franchisor-franchisee relationship between
you and EFELLO. You shall not assign, transfer or sublicense any or all of your
rights or obligations under this Agreement without our express prior written consent.
Any heading, caption or section title contained herein is inserted only as a matter
of convenience, and in no way defines or explains any section or provision hereof.
This Agreement, together with all agreements and statements referred to herein and
incorporated herein by reference, is the entire agreement between you and EFELLO
relating to the subject matter hereof and, except as otherwise provided herein,
supersedes any and all prior or contemporaneous written or oral agreements or understandings
between you and EFELLO relating to such subject matter. Notices to you may be made
by posting a notice (or a link to a notice) to any EFELLO WEBSITE, by email, or
by regular mail, at EFELLO's discretion. Without limitation, you agree that a printed
version of this Agreement and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating to this Agreement
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
KOYAL ONLINE PVT LTD.
D 5/4,OKHLA PHASE-2,