Terms & Conditions

This website eight9 is operated by SASH. Throughout the site, the terms “we”, “us” and “our” refer to SASH and eight9. SASH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. You authorize the transfer of payment for Services requested through the use of eight9, if applicable. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in eight9 immediately.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

PRIVACY POLICY

eight9 has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of eight9 is governed by the Privacy Policy.

Here is the link to the page: 

Eligibility

By using our website, you represent and warrant that you are at least 18 years of age and are competent to enter into legally binding agreements. If you are under 18, you may use our website only with the involvement of a parent or guardian. And that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of eight9 and Services offered through eight9 do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations.

Use of the Website

You agree to use the website for lawful purposes only and in a way that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the website. Prohibited behavior includes harassing or causing distress or inconvenience to any other user, transmitting obscene or offensive content, or disrupting the normal flow of dialogue within our website.

• You will not copy or distribute any part of eight9 in any medium without eight9's prior written authorization.

• You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access eight9 for any purpose without eight9's prior written approval.

• You shall not in any manual or automated manner collect Users’ information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate eight9 information or content, including but not limited to, use on a "mirrored", competitive, or third party site.

• You shall not in any way that transmits more request messages to eight9 servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material. eight9 reserves the right to revoke these exceptions either generally or in specific cases.

• You agree not to collect or harvest any personally identifiable data, including without limitation, names or other Account information, from eight9, nor to use the communication systems provided by eight9 for any commercial solicitation purposes.

Rules for Users

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, Users shall not: 

(a) include brand names or other inappropriate keywords in their Postings; 

(b) include any information in their Profile that is fraudulent.

(c) offer a catalog or a link to a third-party website which provides similar services; 

(d) use their Postings to promote services not offered on or through eight9 and/or prohibited services;

(e) solicit Users to mail cash or use other payment methods not specifically permitted by us as approved payment methods; 

(f) include links that do not conform to our policies with respect to third-party links; 

(g) promote raffles, prizes, bonuses, games of chance, giveaways, or random drawings; 

(h) use profanity in any Posting; 

(i) include third-party endorsements in a Posting;

In case SASH realizes that any User is involved in any of the above activities, we holds the sole discretion to (i) blacklist the User and withhold any outstanding payments if any or (ii) cancel the Posting, or (iii) limit User’s Account privileges; or (iv) suspend the Account. 

Intellectual Property Rights

Unless otherwise stated, Eight9 and/or its licensors own the intellectual property rights for all material on Eight9. All intellectual property rights are reserved. All content on the Website, including but not limited to text, images, graphics, logos, and software, is protected by copyright and other intellectual property laws. Unless otherwise indicated to the contrary, all intellectual property rights in the content of this Website (including without limitation the Company logo, graphics, product designs etc.) is owned by the Company and/or its Affiliates and/or Partners except in case of graphics or product designs or copyrighted material of third party Products. You may access this from Eight9 for your own personal use subjected to restrictions set in these terms and conditions. You shall not in any manual or automated manner collect Users’ information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misuse or misappropriate eight9 information or content, including but not limited to, use on a "mirrored", competitive, or third party site. This clause shall survive even after termination of the contract between the User and the Company.

Products and Pricing

All products listed on the website, their descriptions, and prices are subject to change without notice. We make every effort to display our products, including their colors, as accurately as possible. However, the displayed colors of the products will depend upon the monitor of the user, and we cannot guarantee that the user's monitor will accurately portray the actual colors of the products. Product availability is subject to change without notice. We reserve the right to discontinue or modify any product at any time. 

All prices displayed on the Website are in the designated currency and inclusive of applicable taxes, unless otherwise stated.

We reserve the right to adjust prices, cancel orders, or refuse service at our discretion.

Orders and Payment

By placing an order, you agree to purchase a product subject to these terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. We accept various payment methods. By making a purchase, you confirm that you are authorized to use the chosen payment method.

eight9 will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to, (i) lack of authorization for any transaction, or (ii) exceeding the preset limit mutually agreed by you and between your bank(s), or (iii) any payment issue arising out of the transaction, or (iv) decline of transaction for any other reason(s).

Shipping and Delivery

We will deliver the goods to the address you provide at the time you make your order. Placing an order constitutes an offer to purchase the products. Orders are subject to acceptance by us, and we reserve the right to cancel or refuse any order at any time. Shipping times and methods are provided for informational purposes. We are not responsible for any delay or failure to deliver due to events outside our reasonable control. The risk of loss and title for such items pass to you upon our delivery to the carrier. eight9 does not hold or accept responsibility for packages that have been reported as delivered by the carrier and does not take responsibility for lost, misplaced, or incorrectly delivered shipments if the address information you have provided is incorrect or was incorrectly entered at the time of purchase. Please see the shipping information page on our website.

Returns and Refunds

If you are not satisfied with your purchase, you may return it in accordance with our Returns Policy, which is hereby incorporated into these Terms and Conditions. Please refer to our Returns Policy for detailed information here: 

Customer Support

eight9 has a dedicated customer support team to answer to the queries and resolve issues of a User. In case of any query or issues, you can reach out to the customer support team through multiple touch points available on the eight9 platform including through chat, WhatsApp, widget, call etc. You can also raise your grievances/ issues outside the eight9 platform through various social media channels of eight9 such as through Instagram, Twitter, Linkedin etc.

Limitation of Liability

In no event shall Eight9, nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort, or otherwise, and Eight9, including its officers, directors, and employees, shall not be liable for any indirect, consequential, or special liability arising out of or in any way related to your use of this website. IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF eight9, OR ANY OF THE ABOVE-REFERENCED RESPECTIVE PARTIES, ARISING FROM OR RELATING TO eight9, AND/OR SUBMITTED CONTENT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID TO eight9 BY YOU FOR THE PRODUCT. YOU HEREBY ACKNOWLEDGE AND AGREE THAT eight9 SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT eight9 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER.

Without prejudice to the aforesaid, eight9 and/or its shareholders, directors, officers, employees, and other representatives shall not be liable for any damage or, loss of profits that may arise from any manufacturing defect in any third party. The user agrees/accepts/confirms that any claim arising out of and/or relating to third party products have to be made by the user against the manufacturer directly.

Links to third party sites

The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under our control and/or this Website and eight9 is not responsible for the contents of any Linked Sites, including without limitation any link' contained in a Linked Site, or any changes or updates to a Linked Site and/or a link contained in a Linked Site. eight9 is not responsible for any form of transmission whatsoever received by You from any Linked Site and/or a link contained in any linked Site. These Linked Sites have been provided only as a convenience and the inclusion of any Linked Site and/or any link whatsoever does not imply endorsement by eight9 of such Linked Site or any association with its operators or owners including their legal representatives, heirs, assigns etc., unless specifically stated on this Website. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

The third-party website may have different privacy policies and terms and conditions and business practices than us. In certain situations, you may be transferred to a third-party website through a link or connected to a third-party resource by a contact form or phone but it may appear that you are still on eight9 or transacting with us. In these situations, you acknowledge and agree that the third-party website terms and conditions and privacy policy apply in this situation. Your dealings and communications through eight9 with any party other than us are solely between you and such third party. Any complaints, concerns or questions you have relating to materials provided by third parties should be forwarded directly to the applicable third party.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT eight9 SHALL NOT BE LIABLE FOR SUBMITTED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR USER AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU FURTHER ACKNOWLEDGE AND AGREE THAT eight9 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE) WHATSOEVER.

Indemnification

You agree to defend, indemnify and hold eight9, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third-party proprietary right.

Force Majeure 

Neither SASH nor you shall be liable to the other for any delay or failure in performance under the Terms of Use, other than payment obligations, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, pandemics, epidemics, acts of declared or undeclared war, acts of regulatory agencies or governmental authorities, or national disasters.

Changes to Terms and Conditions

We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority.

General Terms of Use

The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by SASH on eight9, shall constitute the entire agreement between you and SASH concerning Beight9. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

Statute of Limitations

You agree that any cause of action arising out of or related to eight9 must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Termination

We may in our sole and absolute discretion suspend or terminate your use of the Website or any Service or contract between You and eight9, in particular if you have breached, violated, abused, or unethically manipulated or exploited any clause of these Terms and Conditions or in anyway otherwise acted unethically and/or illegally.

If we terminate Your use of the Website or any Service, we may delete any content or other materials relating to Your use of the Services and/or the Website and we will have no liability towards You or any third party for any such act. You and us agree that even after termination of this Agreement/Terms and Conditions/Contract between You and us, You shall be liable to pay for any Service or Product that you have already Ordered and/or availed of and/or for which delivery has been made and that You shall be entitled only to those payments which are deemed accrued to You as per these Terms and Conditions.

You may cancel your use of Beight9 and/or terminate the Terms of Use with or without cause at any time by following the link in your Account under "Account Preferences" to "Delete Account."

Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of India, and you submit to the non-exclusive jurisdiction of the courts located in Delhi, India for the resolution of any disputes.