This document is an electronic record in terms of the Information Technology Act of 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act of 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Welcome to emptycup.in (hereinafter referred to as “Website or Site”), the domain name, which is owned by Emptycup Innovation Private Limited, a company incorporated under the Companies Act 2013 and having its registered office at 2^nd^ Floor, 1579, 26^th^ Cross, 27^th^ Main, Sector 2, HSR Layout, Bangalore, Karnataka — 560102, (hereinafter referred to as “EmptyCup” or “Company” or “emptycup.in”).
All products/services and information displayed on Site or APP shall constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. EmptyCup reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered or the Services rendered. No act or omission of the Company prior to the actual dispatch of the product(s) ordered or services rendered will constitute acceptance of your offer.
Governing Law and Jurisdiction
Account and Registration Obligations
You hereby agree that, you shall:
- Provide true, accurate, current and complete information about yourself as prompted by emptycup.in‘s registration form (such information being the “Registration Information and Profile Information” or any “Access Credentials”)
- Maintain and promptly update the Access Credentials to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if emptycup.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, emptycup.in has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
- You are responsible for any activity that occurs under your Access Credentials and you agree you will not sell, transfer, license or assign your account or any account rights.
- When you use the Services or send emails or other data or information or communications to EmptyCup, you agree and understand that you are communicating with EmptyCup through electronic records and you consent to receive communications via electronic records from the Company periodically and as and when required by EmptyCup.
While EmptyCup strives to provide accurate product and pricing information, pricing errors or typographical errors may occur. Emptycup.in cannot confirm the price of a product until after you order is placed by you in the Website and confirmed. In the event that a product or service is listed at an incorrect price or with incorrect information due to an error in pricing or product information, EmptyCup shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product or service, unless the product or service have already been dispatched or delivered. In the event that an item carries an incorrect price, EmptyCup may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product or service ordered by you has been dispatched or delivered, your offer will not be deemed accepted/confirmed and EmptyCup will have the right to modify the price of the product and contact you for further instructions using the e-mail address or contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that EmptyCup accepts your order the same shall be debited to your credit card account or debit card account or your designated bank account and duly notified to you by email or phone that the payment has been processed. The payment may be processed prior to EmptyCup dispatch of the product or delivery of the service that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to you.
Colors and textures
We have made every effort to display the colors and textures of our products & services that appear on the Site and the APP as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color/texture will be accurate. EmptyCup shall not be liable for any perceived inaccuracy of the color and texture of the products or any designs or blueprints that are available on the Website or the APP. The product or the service is displayed on AS IS basis on the Website or the APP and the User or any prospective customer understands that, the same is subject to differences that are beyond the control of EmptyCup.
Modification of Terms and conditions of Service
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, improvements and other submissions disclosed, submitted or offered to EmptyCup on or by this Site or the APP or otherwise disclosed, submitted or offered in connection with your use of this Site or the APP (collectively, the “Comments”) shall be and remain exclusive EmptyCup property. You understand that, such information or ideas or other submission shared in the Website or the APP would constitute Proprietary Information of EmptyCup. Further, any such disclosure, submission or offer of any Comments made by you shall constitute an assignment to EmptyCup of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, EmptyCup owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments that are made by you while using or accessing the Website or the APP. EmptyCup will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. EmptyCup is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site or the APP will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site or the APP will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.
EmptyCup does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site or the APP. You grant EmptyCup the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to bear all claims made against EmptyCup resulting from any Comments you submit. EmptyCup and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. You hereby agree to indemnify and hold harmless EmptyCup and its affiliates for any loss or damage, including any loss of reputation or good will, incurred by it, because of your infringement of copyright or any other intellectual property rights of third party in the Comments shared by you in the Website or the APP. Any claims initiated by any third party against EmptyCup because of such breach of law committed by you shall be indemnified by you.
Copyright & Trademark
EmptyCup and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site or the APP. EmptyCup claims exclusive ownership or license to the materials or products available in the Website or the APP. While EmptyCup grants you a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to access and browse through the product and services that are available on the Website or APP, access to this Site or the APP does not confer and shall not be considered as conferring upon anyone any license to the intellectual property rights over the products available in the Website. All rights, including copyright, in this Website and the APP are owned by or licensed to EmptyCup. Any use of this Website or the APP or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of EmptyCup. You may not modify, distribute or re-post anything on this website or the APP for any purpose.
EmptyCup names and logos and all related product and service names, design marks and slogans are registered trademarks or service marks of Emptycup Innovation Private Limited. All other marks are the property of their respective companies or third-party vendors or suppliers. No trademark or service mark license is granted in connection with the materials contained on this Site or the APP. Access to this Site or the APP does not authorize anyone to use any trade name, logo or mark in any manner.
References on this Site or the APP to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply EmptyCup endorsement, sponsorship or recommendation of the third party, information, product or service.
EmptyCup is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third-party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site or the APP (collectively, the “Contents”) are intended solely for personal, non-commercial use, upon acquiring prior consent of EmptyCup. You may download or copy the Contents and other downloadable materials displayed on the Site or the APP for your personal 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, the Site or the APP or any related software. All software used on this Site and the APP are the property of EmptyCup or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site and the APP may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site or the APP is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by EmptyCup, one of its affiliates or by third parties who have licensed their materials to EmptyCup and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site and the APP is the exclusive property of EmptyCup and is also protected by relevant Indian and international copyright laws.
You understand that by using or accessing this Site or the APP or any services provided on them, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and the APP and any service at your sole risk and that to the fullest extent permitted under applicable law, EmptyCup and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
This User Agreement is effective unless and until terminated by either you or EmptyCup. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site and the APP. EmptyCup may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, such termination will be without any liability to EmptyCup. Upon any termination of the User Agreement by either you or EmptyCup, you must promptly destroy all materials downloaded or otherwise obtained from this Site or the APP, as well as all copies of such materials, whether made under the User Agreement or otherwise. However, you shall have the limited right to retain such materials including the designs that are exclusively obtained by you after paying the appropriate fees to EmptyCup through the Website or the App. EmptyCup’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product or services already ordered from the Site or the APP or affect any liability that may have arisen under the User Agreement.
Disclaimer of Warranties
THE SERVICEs, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, ALL MATERIALS AND PRODUCTS (INCLUDING BUT NOT LIMITED TO SOFTWARE) AND SERVICES AND EMPTYCUP CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED EXCEPT AS SPECIFIED IN WRITING.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER EMPTYCUP NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE “EMPTYCUP PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICEs; (B) THE EMPTYCUP CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO EMPTYCUP OR VIA THE SERVICE. IN ADDITION, THE EMPTYCUP PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE EMPTYCUP PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT. EMPTYCUP WILL NOT BE LIABLE TO YOU IN ANY WAY OR IN RELATION TO THE CONTENT OF, OR USE OF, OR OTHERWISE IN CONNECTION WITH, THE SERVICES. EMPTYCUP DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCT (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, THEIR SERVERS OR ELECTRONIC COMMUNICATION SENT FROM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability and Disclaimers
The disclaimer mentioned above does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
Under no circumstances and to the fullest extent permitted under applicable law, EmptyCup or its suppliers shall not be liable for any indirect, incidental, punitive, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site or the APP, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of EmptyCup to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product or services ordered by you.
EmptyCup, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or the APP or that the operation of the Site or the APP will be error free and/or uninterrupted. Consequently, EmptyCup assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site or the APP; and/or any interruption or errors in the operation of the Site. In no event will the EmptyCup total liability to you for all damages, losses or causes or action shall exceed One Hundred Indian Rupees (INR100.00).
You are prohibited from violating or attempting to violate the security of the Site or the APP, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site or the APP, “overloading,” “flooding,” “spamming,” “mailbombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. EmptyCup will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site and the APP or any activity being conducted on this Site and the APP. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site or APP other than the search engine and search agents available from EmptyCup on this Site or the APP and other than generally available third-party web browsers (e.g., Microsoft Edge, Google Chrome, Mozilla Firefox).
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and EmptyCup or the APP with respect to the EmptyCup sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EmptyCup with respect to the EmptyCup sites/services. EmptyCup ‘s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
You may contact us at:
Emptycup Innovation Private Limited, 2nd Floor, #1579,
26th Cross, 27th Main, Sector 2, HSR Layout,
Bengaluru, Karnataka – 560102
Phone: +91 7278882228
E-mail: [email protected]