By mere use of the Website, the User shall be deemed to have accepted these Terms including the policies.
This document is an electronic record in terms of Information Technology Act, 2000 and rules 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.
For the purpose of these Terms, wherever the context so requires, the term:
- “Applicable Laws” shall include all laws, statutes, ordinance, regulations, guidelines, policies, and other pronouncements having the effect of law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law within the territory of India.
- “Cellestial Account” shall mean the account created by the User by providing Cellestial certain required User information.
- “Content” shall include without limitation, data text, written posts, comments, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data, nearby places and all other forms of information or data.
- “Customer” means any Person who accepts these Terms and seeks to browse and purchase Products on the Website by creating a Cellestial Account.
- “Dealer” means any Person who accepts these Terms and is desirous to enter into a dealership arrangement with Cellestial for sale of the Products by creating a Cellestial Account.
- “Grievance Officer” shall have the meaning as ascribed to it under Clause 19.
- “Person” shall mean any natural person, trust, firm, company, governmental authority, joint venture, association, partnership, society, or other entity (whether or not having a separate legal personality).
- “Personal Information” shall have the meaning ascribed to the term in Clause 9 of these Terms.
- “Product Information” means the details of the products available on the Website in different variations for the knowledge of the User.
- “Products” shall mean the products manufactured by Cellestial and described on the Website from time to time.
- “Third Party Policies” shall mean this Terms (as amended, modified, or restated from time to time) read with policies of TSPs (as defined below).
- “TSPs” shall mean, third party service providers, as applicable, whose services are used in addition to or in conjunction with the Product Information of
- “User” shall mean either
- any Person
- any Customer; or
- (b) a Dealer; or
- “User Content” shall mean any Content that the User saves, submits, posts, displays, uploads, shares, transmits, through or in their Cellestial Account, including but not limited to, images, photos, documents, and contact details saved therein by the User, profile information, and any other Content or information that User stores or makes available on the Website.
- “Website” shall mean an internet portal by the name of “Cellestial E- Mobility” located at URL- https://cellestial.com/.
- These Terms will apply to the User for accessing, registering, browsing, transacting or otherwise using the Website indicates the User’s agreement and acceptance to all the Terms. By impliedly or expressly accepting this Terms, the User also accepts and agrees to be bound by:
- any product disclaimers or other restrictions presented to the User on the Website; and
- the respective agreements entered into between the User and Cellestial (for every User that is a Dealer), comprising of the term and conditions governing their relationship in addition to these Terms.
- By mere use of the Website, the User shall be contracting with Cellestial and this Terms including the Third Party Policies, as applicable, constitute the User’s binding obligations with Cellestial.
- This Terms shall be binding upon and inure to the benefit of the User.
- Description of the Website
- This official Website of Cellestial has been developed to provide general public information for the Products of Cellestial which offers smart solutions in automotive, through designing and manufacturing vehicles which are powered by renewable and non-renewable sourced energy, to prevail sustainability. The documents and information displayed on this Website are for reference and information purposes only.
- Users are advised to read the Terms carefully before proceeding. Users are further advised to refrain from using or accessing the Website if they do not agree with the Terms.
- Cellestial provides the content on this Website subject to the following Terms. While Cellestial attempts to keep its web information accurate and timely, it neither guarantees nor endorses the content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items contained on this Website or any other server. Cellestial reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms, at any time without any prior written notice to the User, so the User should re-appraise themselves of the Terms periodically. Unless explicitly stated otherwise, any new features that augment or enhance the Website shall be subject to these Terms.
- All the materials contained on the Website are provided for information purposes only and shall not be construed as a commercial offer, a license, an advisory, fiduciary, or professional relationship between You and Cellestial. Commercial use of web materials without the written consent of Cellestial is prohibited.
- The information provided on this Website related to Products and accessories may differ from those present on the actual Products. Actual features and accessories must be checked before buying the Products or accepting delivery of the Products.
The Website and / or the Products are only for competent Persons. By using the Website, the User represents that the User has reached the age of “majority” as per the Applicable Laws of the jurisdiction where the User resides or is not under the age of 18 (Eighteen) years. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including undischarged insolvents and persons of unsound mind, are not eligible to use the Website. Cellestial reserves the right to terminate the User’s Cellestial Account and / or refuse to provide such person with access to the Website if it is brought to Cellestial’s notice or if it is discovered that such User is not eligible to use the Website.
- Registration and Creation of Cellestial Account
- In the event a User is a Customer or a Dealer, Cellestial may require the User to provide Cellestial with certain User information in order to create an account (“Cellestial Account”) through a login ID and password.
- All information required to be entered into the Website by the Customer or Dealer, towards creation of Cellestial Account, shall collectively be referred to as “Account Information”. The account shall only be created upon the User providing all the Account Information as may be required using the computer systems and upon Cellestial verifying the email ID and the phone number provided by the User on the Website at the time of registration.
- The Customer shall at the time of registration of Product provide following details on the Website:
- User’s email address;
- Ten- digit mobile number;
- Social media profiles/ URLs from social media platforms such as profile picture or any other information the User chooses to make public on such social media platforms in case of registration on the Website is through Facebook or Google;and
- Such other information the Customer chooses to provide.
- The Dealer shall at the time of registration of Product provide following details on the Website: [Note: We have added the above information basis the details provided on the website. We request you to provide dummy access to the account in order to understand the process of account creation for dealer. Accordingly, we will further modify this clause.]
- User’s email address;
- Ten- digit mobile number;
- Social media profiles/ URLs from social media platforms such as profile picture or any other information the User chooses to make public on such social media platforms in case of registration on the Website is through Facebook or Google; and
- Such other information the Dealer chooses to provide
- User will be responsible for maintaining the confidentiality of the Account Information and shall be fully responsible for all activities that occur under its Cellestial Account. The User agrees to (i) immediately notify Cellestial of any unauthorised use of its Account Information or any other breach of security, and (ii) ensure that the User exits from its Cellestial Account at the end of each session. Cellestial cannot and will not be liable for any loss or damage arising from the User’s failure to comply with this Sub-Clause 5.
- For security purposes, as best practice, User should keep changing the password of their Cellestial Account frequently or as and when prompted. In the event that the User forgets the password to their Cellestial Account, the User can click on [insert] and follow the password reset instructions received on their registered email ID. [Further, it is the duty of the User to safeguard User’s password from any unauthorized use. Any person in possession of User’s password will have both the ability and User’s authorization to modify User’s Cellestial Account and other related information and take other actions which may affect or terminate User’s rights and access to Website and Cellestial Account.
- User shall ensure that the Account Information provided by it at the time of creation of the Cellestial Account is complete, accurate and up-to-date. Use of another User’s Account Information for accessing the other User’s Cellestial Account is expressly prohibited.
- User’s Obligations, Representations and Warranties
- User agrees, undertakes, and confirms that its use of the Website shall be strictly governed by the binding principles contained herein below. The User shall not host, display, upload, modify, transmit, update, or share any information that:
- belongs to another person and to which User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful or racially, ethnically objectionable, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- is unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” under Applicable Laws;
- is misleading in any way;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address, or phone number) or rights of publicity;
- provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone’s privacy, or providing or creating computer viruses;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- engages in commercial activities and/ or sales without Cellestial’s prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;
- solicits gambling or engages in any gambling activity which Cellestial, in its sole discretion, believes is or could be construed as being illegal;
- interferes with another User’s use and enjoyment of the Website;
- refers to any website or mobile application or URL that, in Cellestial’s sole discretion, contains material that is inappropriate for the Website or any other website or mobile application or URL, contains content that would be prohibited or violates the letter or spirit of these Terms;
- promotes an illegal or unauthorized copy of another Person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files or some other Person’s database or proprietary information;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data, or personal information;
- harms minors in any way; violates any law for the time being in force or impersonates another person;
- threatens the unity, integrity, defence, security or sovereignty of India, India’s friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- directly or indirectly, offers, attempts to offer, trades, or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any Applicable Law, rule, regulation, or guideline for the time being in force; or
- creates any liability for Cellestial or causes Cellestial to lose (in whole or in part) the services of its TSPs or other clients or suppliers.
- User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Cellestial reserves its right to bar any such activity.
- User shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, by hacking, password “mining” or any other illegitimate means.
- User shall not probe, scan, or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website, or any network connected to the Website. User may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the Website, or any other User, including any account on the Website not owned by the User, to its source, or exploit the Website or information made available through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Website.
- User shall not make any negative, denigrating, or defamatory statement(s) or comment(s) about Cellestial, the Website or the brand name or domain name used by Cellestial or otherwise engage in any conduct or action that might tarnish the image or reputation, of Cellestial or otherwise tarnish or dilute any of Cellestial’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Cellestial. User agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Cellestial’s systems or networks, or any systems or networks connected to Cellestial.
- User agrees not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or with any other person’s use of the Website.
- User may not forge headers or otherwise manipulate identifiers in order to disguise the origin or transmittal of any message the User sends to Cellestial on or through the Website. User may not pretend that it is, or that it represents someone else, or impersonate any other individual or entity.
- User may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cellestial and/or others.
- User shall at all times ensure full compliance with the provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or other such regulations in force) and international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to income tax, goods and service tax, central excise, custom duty, local levies) regarding the User’s use of the Website.
- User shall not resell the Products without Cellestial’s express permission. Reselling of the Products without Cellestial’s express permission will be construed as breach by the User of this Terms.
- User shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to User’s Cellestial Account or User Content; (2) maintain independent archival and backup copies of User Content; and (3) ensure the security, confidentiality and integrity of all User’s Cellestial Account or User Content transmitted through or stored on the TSPs’ servers.
- User is responsible for obtaining the data access necessary to use the services of Cellestial Account and also for acquiring and updating compatible hardware or devices necessary to access and use services of Cellestial Account and any updates thereto. Cellestial Account services may be subject to malfunctions and delays inherent in the use of the internet and/or any electronic communications.
- Server hacking or other perpetration of security breaches is prohibited and Cellestial and/or the TSPs reserve the right to deactivate the Cellestial Account containing information about hacking or links to such information. User’s use of the Cellestial Account as an anonymous gateway is prohibited.
- User agrees not to engage in unacceptable use of the Services, which includes, without limitation, use of the Website to: (1) attempt to mislead any person as to the identity, source or origin of any communication; (2) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which User do not have authorization to access or at a level exceeding User’s authorization; or (3) use User’s server as an “open relay” or for any of the above purposes.
- User understands that Cellestial has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website, its location, its friends, etc.) as necessary to satisfy any law, regulation, or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or summons. In addition, Cellestial can (and the User hereby expressly authorizes Cellestial to) disclose any information about the User to law enforcement or other government officials in accordance with Applicable Laws as Cellestial, in its sole discretion, believes is necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- User acknowledges that Cellestial is required to report cyber security incidents related information with appropriate authority, such as their identity, location, friends, etc. and relevant data in connection therewith, which report may include data of the Users and their activities on the Website.
- User acknowledges and agrees that it shall at all times respect the privacy of other users of the Website.
- Cellestial shall have the right to remove or edit any User Content that in its sole discretion violates, or is alleged to violate, any Applicable Laws or either the spirit or letter of these Terms. Notwithstanding this right, User remains solely responsible for the User Content of the materials it posts on the Website. Users are advised that such User Content posted does not necessarily reflect Cellestial’s views. In no event shall Cellestial assume or have any responsibility or liability for any User Content posted or for any claims, damages or losses resulting from use of User Content and/ or appearance of User Content on the Website. User hereby represents and warrants that it has all necessary rights in and to all User Content which it provides and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. User agrees and acknowledges that it shall assume all the risks associated with the User Content, including but not limited to anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by the User of information in User Content that makes it personally identifiable.
- Any software that is available on the Website is the property of Cellestial. Users may not use, download, or install any software available on the Website, unless otherwise expressly permitted by these Terms or by the express written consent of Cellestial.
- In case a Person using the world wide web/internet receives a spam or virus which includes a link to the Website or to any other site maintained, operated, or owned by Cellestial, it should not be held responsible for the same. Cellestial assumes no responsibility for such mails.
- Disclaimer of Warranties
- The User is free to delete the Cellestial Account at any time and acknowledges that the consequences of such termination or deletion shall be at the sole risk and responsibility of the User.
- Cellestial shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the User arising out of the use of the Website or for any reason whatsoever whether or not beyond the control of Cellestial.
- Cellestial makes no representation that the Website will be constantly available or available at all times. The User agrees and acknowledges that the Website is susceptible to downtimes, crashes, or other such technical issues for which Cellestial shall not be responsible to the User in any manner whatsoever. Nothing contained in this Terms shall be deemed to be a warranty implied or otherwise as to the availability of the Website and the Products at all times.
- User agrees and acknowledges that Cellestial is not responsible for the continuous availability of any services from the TSPs and shall not be liable for any loss or damage which may be incurred by the User as a result of such non-availability or non-fulfilment or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products, or other materials on, or available from, such TSPs.
- Further, Cellestial shall not be responsible for service interruptions caused by: (a) periodic scheduled maintenance or repairs Cellestial or the TSP may undertake from time to time; (b) interruptions caused by User from custom scripting, coding or the installation of third-party applications; (c) outrages that do not affect the appearance of User’s Cellestial Account but merely affect access to User’s Cellestial Account; (d) causes beyond Cellestial’s control or that are not reasonably foreseeable; and (e) outrages related to the reliability of certain programming environments.
- Unscheduled maintenance may need to be performed. During this time, the server may be off-line. In this case a notice regarding the maintenance may be posted by Cellestial.
- Cellestial expressly disclaims any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing services of TSPs.
- USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT USER’S USE OF THE WEBSITE IS AT ITS OWN RISK. CELLESTIAL (INCLUDING ANY THIRD PARTY ASSISTING CELLESTIAL IN PROVISION OF SERVICES), ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, PERFORMANCE, USAGE, OR TRADE PRACTICE OR ABOUT (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE WEBSITE, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (C) THE SERVICES FOUND AT THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, AND CELLESTIAL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME, (D) THE QUALITY OF ANY INFORMATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, AND/OR (E) THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE WEBSITE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. CELLESTIAL DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, COMPLETELY SECURE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA.
IN ADDITION, THE USER SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY CELLESTIAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES), AND TSPS WILL (A) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (B) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS WEBSITE OR THE PRODUCT INFORMATION FOUND AT THIS WEBSITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
- THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR USER’S USE OF THIS WEBSITE.
- Product Warranty Disclaimers
- The User agrees that the only warranty binding on Cellestial shall be the warranty specifically published by Cellestial and all implied warranties under the law are hereby excluded. The User shall, at all times, follow strictly all conditions of the “Warranty Manual” [insert hyperlink on Warranty Manual] provided by Cellestial from time to time in relation to the Products and the same shall be deemed to be incorporated herein. Users are advised to read the Warranty Manual carefully before purchasing the Product.
- The User acknowledges that the use of the Products is at his / her / its sole risk. Cellestial expressly disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability, and fitness of the Products offered by Cellestial except as laid down under the Warranty Manual.
- The User shall be solely responsible to examine and inspect the Product prior to its purchase and bear all the costs towards repair or replacement of Products not covered under the Warranty Manual.
- Cellestial reserves the right, at its sole discretion, to change, modify, add, or remove portions Warranty Manual, at any time without any prior written notice to the User, therefore the User should re-appraise themselves of the Warranty Manual periodically.
- CELLESTIAL DOES NOT PROVIDE ANY GUARANTEE OF CONTINUATION OF THE PRODUCTS AND MAY CHOOSE TO DISCONTINUE A PRODUCT OR LINE OF PRODUCTS WITHOUT ANY NOTICE.
- THE FOREGOING DISCLAIMERS OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR USER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE.
- Suspension or Deletion of Cellestial Account
- Suspension or deletion of Cellestial Account by Cellestial
Cellestial reserves the right to suspend or delete the Cellestial Account with immediate effect without any notice, if:
- Cellestial is required to do so;
- The TSPs suspends or terminates the services being provided by them;
- the User provides any information, including the Account Information and/or Personal Information, that is untrue, inaccurate, not current, or incomplete, (or becomes untrue, inaccurate, not current, or incomplete) or if Cellestial has reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with this Terms and Cellestial may have the obligation to intimate relevant TSPs of the same;
- It is brought to Cellestial’s notice or if it is discovered that such User is not eligible to use the Website and/or the Cellestial Account;
- Cellestial believes that the User’s use of Cellestial Account may be in breach of any Applicable Law;
- Cellestial believes that the User has committed a breach of this Terms;
- The Cellestial believes that User’s use of Cellestial Account may compromise or have an adverse effect on the Cellestial’s systems or networks; or
- The User uses the Website and Cellestial Account in such a way that it disrupts the traffic on the Website or adversely affects the safety laws/ rules/ regulations thereby impacting the User experience and preventing the Users from using the Website and Cellestial Account hassle-free.
- User agrees that the User will have no claim against Cellestial and/or the TSPs in respect of any action taken by Cellestial and/or the TSP as enumerated herein, and the User indemnifies Cellestial and/or the TSP against any claim by a User arising out of the same. Further, any liabilities that may have been incurred by Cellestial and/or the TSP, prior to suspension or deletion of Cellestial Account, shall be immediately due and payable.
- Deletion of Cellestial Account by User
- User can at any time delete their Cellestial Account.
- Upon the User selecting the option to delete their Cellestial Account and confirming the same, User’s Cellestial Account is deleted, and the User shall not be able to login or access their Cellestial Account for any reason whatsoever.
- Users are requested to ensure sufficient back-up of their User Content prior to deletion of their Cellestial Account. However, it is hereby clarified that the User’s Personal Information available with Cellestial shall continue to be with the Cellestial, to enable compliance under Applicable Laws and shall not be immediately deleted.
- Collection of Personal Data
- By using the Website, the User authorizes Cellestial to collect information that can be used to identify or contact a single person (including but not limited to, name, contact preference, telephone number, mailing address, e-mail address, location tracking, etc.) (“Personal Information”) and other non-Personal Information about the User and use and/or disclose the same if Cellestial believes that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request including to law enforcement and in response to a court order, (b) detect, prevent, or otherwise address fraud, technical or security issues, (c) enforce applicable terms and conditions, including investigation of potential violations thereof, or (d) protect against harm to the rights or properties of Cellestial, its users or the public as required or permitted by law, (e) to protect Cellestial against third-party claims. Cellestial may also provide and/or disclose such information to any other trusted businesses or persons for the purpose of processing Personal Information on behalf of Cellestial. Cellestial shall however, not be liable for any misuse of any Personal or non-Personal Information of the User by any TSP.
- The User agrees that the information provided on the Website may be stored, processed, and transmitted manually/electronically by Cellestial. The User also agrees to provide accurate information on the Website and shall be liable for any damages and disputes arising due to the inaccuracy of the information.
- Copyright, Trademark and Restriction
- All material of, or contained on the Website, including but not limited to text, design, graphics, interfaces, artworks or computer code(s) and the selection, structure, co-ordination, expression, the look, feel and arrangements of the content on the Website (hereinafter referred to as “Materials“), images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights are properties either owned by or licenced to Cellestial. The names including website are owned by or licensed to Cellestial and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Cellestial its affiliates, its partners, or its suppliers. The use of the Materials or any other content on this Website, except as provided in these Terms, is strictly prohibited.
- The User must not sell or modify the content of this Website or copy, reproduce, display, publicly perform, republish, upload, post, transmit, distribute, or otherwise use such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so, for any public or commercial purpose.
- A single copy of the Materials may be downloaded or otherwise copied from this Website for your own personal, non-commercial use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission, or distribution of any part of this Website in any way is strictly prohibited. Except as provided herein, no license or right, express, or implied, is granted to any person under any intellectual property right. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights of Cellestial.
- Third Party Software
- Cellestial reserves the right to modify, change, or discontinue any Third Party Software at any time, and User agrees to cooperate in performing such steps as may be necessary to install any updates to the Third Party Software. The Third Party Software is neither sold nor distributed to User, and User may use the Third Party Software solely as part of the Services. User may not use the Third Party Software outside of the Services.
- Cellestial may provide User’s Personal Information to the TSPs only to the extent as required to provide the Third Party Software. User acknowledges and agrees that User’s use of the Third Party Software is subject to Cellestial’s agreement(s) with the TSPs.
- In addition, if the Third Party Software is accompanied by or requires consent to a service or license agreement from the TSPs, User’s use of the Third Party Software is subject to such service or license agreement. User may not download, install, or use any Third Party Software that is accompanied by or requires consent to a service or license agreement from a TSPs, unless User first agrees to the terms and conditions of such service or license agreement.
- User may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Third Party Software. User may not reverse engineer, decompile, or disassemble the Third Party Software, except and only to the extent that such activity is expressly permitted by Applicable Laws.
- User acknowledges and agrees that Cellestial and/or the TSPs make no representations or warranties about any Third Party Software offered in connection with the Services, and expressly disclaims any liability or damages (whether direct, indirect, or consequential) arising from the use of the Third Party Software.
- User acknowledges and agrees that any Third Party Software will be supported by Cellestial and not by the TSPs.
- Services provided by TSPs and TSP’s policies
- The Website and Cellestial Account may contain components of services provided by TSPs.
- This Website and Cellestial Account may contain links to the programming interface of the third parties, which may take over from the Website and link the User to the portal of such third parties to process User request and complete the services.
- Any access to and use of such linked services or programming interface is not governed by these Terms, but instead shall be governed by the policies of those TSPs. Cellestial shall not be responsible for the information practices of such TSPs.
- Notwithstanding the generality of the above, Users agree that the Website and Cellestial Account allows the below mentioned TSPs to have access to and connect to the Website and/or Cellestial Account, and in light of the same, the User shall also be bound by the applicable policies of such TSPs, to the extent applicable and the same shall be deemed to be incorporated herein. Users are required to read, understand, and agree to the same.
- Cellestial does not screen or investigate Third Party Services before or after including/linking it to the Website and/or Cellestial Account. Further, Cellestial may in its sole discretion and without any obligation, verify any updates, modifications, or changes to any Third Party Services included/linked to the Cellestial Account, wherever deemed appropriate by Cellestial, but shall not be liable for any delay or inaccuracies related to such updates.
- Cellestial does not endorse any advertising, products, or other materials on or available from such TSPs and assumes no responsibility or liability for any Third Party Services. Third Party Services does not reflect the views of Cellestial or that of Cellestial’s affiliate companies, branches, employees, officers, directors, or shareholders.
- Limitation of Liability
- IN NO EVENT SHALL CELLESTIAL, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO THE USER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS, INCLUDING ANY THAT MAY RESULT FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (II) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF CELLESTIAL’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (V) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VI) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT CELLESTIAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Notwithstanding anything contained in this Terms or elsewhere, Cellestial shall not be held responsible for any loss, damage, or misuse of the User’s Personal Information, if such loss, damage, or misuse is attributable to a Force Majeure Event. For the purposes of this Terms, a “Force Majeure Event” shall mean any event that is beyond the reasonable control of Cellestial and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, epidemic, pandemic, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of Cellestial and which Cellestial is not able to overcome.
- Subject to the above and notwithstanding anything to the contrary contained in these Terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of Cellestial vis-à-vis any User, regardless of the form of claim, be INR 100/- (Rupees One Hundred only).
- The foregoing limitations of liability will apply to the fullest extent permitted by law, notwithstanding the failure of essential purpose of any limited remedy herein and shall survive any termination or expiration of this Terms or User’s use of this Website as provided by Cellestial.
Termination or expiration of these Terms, in part or in whole, shall not limit Cellestial from pursuing other remedies available to it, nor shall Cellestial be liable to the User for any damages resulting solely from termination as permitted herein.
- Applicable Law
The Terms shall be governed by and interpreted and construed in accordance with the laws of India.
- Jurisdiction for Dispute Resolution
Any dispute or disagreement arising out of these Terms including but not limited to issues relating to the rights and liabilities of both the Users and/or Cellestial, interpretation of these Terms, and all such other issues arising out of these Terms shall be subject to the jurisdiction of the courts at Hyderabad.
- Contact Us
Please send any questions or comments (including all inquiries related to trademark/ copyright infringement) regarding the Website or the Products at https://cellestial.com/ under the “Contact” tab.
- Grievance Officer
- In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
Name: [insert name of grievance officer]
Email: [insert email address of grievance officer]
Contact Number: [insert]
Timings: [insert] (on all working days)
- In accordance with Consumer Protection Act 2019 and Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Name: [insert name of grievance officer]
Email: [insert email address of grievance officer]
Contact Number: [insert]
Timings: [insert] (on all working days)
- In the event of any complaint or any issue raised by the User, the same shall be acknowledged and redressed by the Grievance Officer within the timelines specified under Applicable Laws.