Terms of Use

This document constitutes an electronic record under the Information Technology Act, 2000 and the rules framed 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.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use for access to or usage of the domain name https://vilarci.in/ ("Website"), including the related mobile site and mobile application (collectively referred to as the "Platform").

The Platform is owned and operated by Krishnendu Kar, trading as Vilarci, with its registered address at Tamluk, Purba Medinipur — 721627, West Bengal, India (hereinafter referred to as the "Platform Owner", "we", "us", or "our").

Your use of the Platform and its services and tools is governed by these Terms of Use, along with the applicable policies incorporated herein by reference. If you transact on the Platform, you shall be subject to the additional policies applicable to such transactions.

For the purpose of these Terms of Use, the following terms shall have the meanings set out below:

Use of the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872, including minors, un-discharged insolvents, etc., are not eligible to use the Platform.

• You must be at least 18 years of age to register on or use the Platform.
• If you are a minor (below 18 years), you may use the Platform only under the supervision of a parent or legal guardian who agrees to these Terms of Use.
• By registering on the Platform, you represent and warrant that you have the legal capacity to enter into a binding contract under applicable law.
• The Platform Owner reserves the right to deny access to any user who does not satisfy these eligibility criteria.

To access certain Services on the Platform, you may be required to register and create an account. By registering, you agree to the following:

• You agree to provide true, accurate, current, and complete information during registration and at all times thereafter.
• You are responsible for maintaining the confidentiality of your login credentials (username and password) and for all activities that occur under your account.
• You shall not share your account credentials with any third party or allow any other person to access your account.
• You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
• You are solely responsible for all acts done through your registered account on the Platform.
• The Platform Owner reserves the right to suspend or terminate your account without notice if it suspects unauthorised or fraudulent use.
• We may, at our sole discretion, refuse to register you or cancel an existing registration without assigning any reason.

Your use of the Platform and the Services is governed by the following terms:

• Your use of the Platform is solely and entirely at your own risk and discretion for which we shall not be liable to you in any manner. You are required to independently assess and ensure that the Services meet your requirements.
• You agree to use the Platform only for lawful purposes and in compliance with all applicable laws, regulations, and guidelines.
• The contents of the Platform and the Services are proprietary to us and are licensed to us. You will not have any authority to claim any intellectual property rights, title, or interest in its contents.
• You acknowledge that unauthorised use of the Platform and/or the Services may lead to action against you as per these Terms of Use and/or applicable laws.
• You agree not to use the Platform in any manner that could damage, disable, overburden, or impair the Platform or its servers or networks.
• We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

You agree not to engage in any of the following activities while using the Platform:

• Using the Platform for any purpose that is unlawful, illegal, or forbidden by these Terms of Use, or by any applicable Indian or local law.
• Posting, transmitting, or sharing any content that is defamatory, obscene, harmful, threatening, abusive, harassing, or racially or ethnically objectionable.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
• Collecting or harvesting any personally identifiable information from the Platform without authorisation.
• Uploading or transmitting any content that infringes on intellectual property rights (copyright, trademark, patent, trade secret, or other proprietary rights).
• Transmitting any data, sending or uploading any material that contains viruses, Trojan horses, worms, time-bombs, or any other harmful programs.
• Attempting to gain unauthorised access to the Platform, servers, databases, or other systems connected to the Platform.
• Engaging in any form of automated data collection, scraping, crawling, or data mining on the Platform without our explicit written consent.
• Using the Platform to transmit unsolicited commercial communications (spam).
• Engaging in fraudulent transactions or providing false, inaccurate, or misleading information.
• Disrupting or interfering with the security or operation of the Platform or its infrastructure.
• Reverse engineering, decompiling, or disassembling any software used in connection with the Platform.

All content on the Platform, including but not limited to the design, layout, look, graphics, text, software, photographs, illustrations, audio, video clips, trademarks, service marks, trade dress, and logos (collectively, "Intellectual Property") is the exclusive property of the Platform Owner or its licensors.

• The Vilarci name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Platform Owner or its affiliates. You must not use these marks without the prior written permission of the Platform Owner.
• You are granted a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform for personal, non-commercial purposes only.
• You shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Platform without the express written permission of the Platform Owner.
• All user-generated content submitted to the Platform grants the Platform Owner a worldwide, royalty-free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
• Any feedback, suggestions, or ideas submitted by you regarding the Platform may be used by us freely without any obligation or compensation to you.

Upon initiating a transaction for availing the Services, you are entering into a legally binding and enforceable contract with the Platform Owner for the Services.

• You agree to pay us the charges associated with availing the Services, as stated on the Platform at the time of transaction.
• All prices are listed in Indian Rupees (INR) and are inclusive of applicable taxes unless stated otherwise.
• Payment may be made through accepted payment methods, including credit/debit cards, net banking, UPI, and prepaid payment instruments listed on the Platform.
• We use third-party payment gateways to process your payments. By making a payment, you also agree to the terms and conditions of those payment processors.
• Any shipping or handling costs levied by the Platform Owner or sellers, once applied, are non-refundable unless otherwise stated in our Refund Policy.
• We reserve the right to modify pricing at any time. Updated pricing will apply to orders placed after the change takes effect.
• In the event of a payment dispute, we shall endeavour to resolve the matter in accordance with the applicable Refund and Cancellation Policy.
• We shall not be liable for any unauthorised transactions made using your account or payment details as a result of your failure to maintain account security.

Vilarci facilitates the purchase and sale of products and services listed on the Platform. The following terms govern our product and service offerings:

• Accuracy of Listings: While we make every effort to display product descriptions, images, and pricing accurately, we do not warrant that descriptions or other content is accurate, complete, or error-free.
• Availability: All products and services are subject to availability. We reserve the right to limit the quantities of any products or services we offer.
• Cancellations: Cancellation requests will be considered only within 7 days of placing the order. Requests may not be entertained if the order has already been shipped or is out for delivery.
• Perishable Items: We do not accept cancellation requests for perishable items such as flowers, eatables, etc. However, refund or replacement may be made if the quality of the product delivered is established to be unsatisfactory.
• Damaged / Defective Items: Any damaged or defective items must be reported to our customer service within 7 days of receipt.
• Product Mismatch: If you feel the product received is not as shown on the site or not as per your expectations, contact customer service within 7 days of receipt.
• Warranties: For products that come with a manufacturer's warranty, please refer the issue directly to the respective manufacturer.
• Refund Processing: Any approved refunds will be processed within 2 business days.

The Platform may contain links to third-party websites, applications, or services that are not owned or controlled by Vilarci.

• These links are provided solely for your convenience and for providing further information. They do not signify our endorsement of those websites or their content.
• On accessing these links, you will be governed by the terms of use, privacy policies, and other policies of such third-party websites. We strongly recommend that you read such policies before interacting with those sites.
• The Platform Owner has no control over the content, privacy practices, or availability of third-party websites and shall not be responsible or liable for any damages or losses caused by or in connection with your use of such external links.
• Any dealings you have with third parties found on the Platform are solely between you and such third parties. Vilarci shall not be responsible for any loss or damage of any sort incurred as a result of such dealings.

The Platform and its Services are provided on an "as is" and "as available" basis, without any representations or warranties, express or implied.

• Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials offered on this Platform or through the Services, for any specific purpose.
• You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
• We do not warrant that the Platform will be uninterrupted, timely, secure, or free of errors or viruses.
• We make no representations or warranties of any kind regarding the quality, merchantability, or fitness for a particular purpose of any product listed on the Platform.
• Product images displayed on the Platform are for illustrative purposes only. Actual products may vary from their representation on the Platform.
• The Platform Owner shall not be responsible for any delivery delays, losses, or damages caused by courier companies or logistics partners.

To the fullest extent permitted by applicable law, the Platform Owner, its officers, directors, employees, affiliates, agents, and licensors shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, resulting from your access to or use of (or inability to access or use) the Platform or Services.
• Any conduct or content of any third party on the Platform, including defamatory, offensive, or illegal conduct of other users or third parties.
• Any content obtained from the Platform, or any unauthorised access, use, or alteration of your transmissions or content.
• Damages arising from viruses, malware, or other harmful components that may infect your computer equipment, software, data, or property on account of your access to or use of the Platform.
• Any loss or damage to goods while in transit from our warehouse or third-party sellers to your delivery address, where such loss is attributable to the courier or logistics partner.

You agree to defend, indemnify, and hold harmless the Platform Owner, its affiliates, group companies, and their respective officers, directors, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys' fees) arising from:

• Your breach of any provision of these Terms of Use, the Privacy Policy, or any other applicable policy.
• Your violation of any applicable law, rule, or regulation.
• Your violation of any rights of a third party, including but not limited to intellectual property rights, privacy rights, or consumer protection laws.
• Any claim that your user-generated content caused damage to a third party.
• Any unauthorised use of your account that results in claims against us due to your failure to maintain account security.

This indemnification obligation shall survive termination of these Terms of Use and your use of the Platform.

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms of Use by reference. By using the Platform, you consent to the collection, use, storage, and processing of your personal data in accordance with our Privacy Policy.

• We collect personal data such as name, address, contact details, and payment information when you register or transact on the Platform.
• Your personal data is used to provide, improve, and personalise our Services, process transactions, and communicate with you.
• We implement reasonable security measures to protect your data from unauthorised access; however, internet transmissions are inherently not completely secure.
• You may access, rectify, and update your personal data through your account settings on the Platform.
• For withdrawing consent or requesting data deletion, you may write to our Grievance Officer with the subject line "Withdrawal of Consent for Processing Personal Data".
• Please visit our Privacy Policy page for full details on how we handle your data.

Notwithstanding anything contained in these Terms of Use, the Platform Owner shall not be liable for any failure to perform its obligations if such performance is prevented, hindered, or delayed by a force majeure event.

A force majeure event includes, but is not limited to:

• Acts of God (including floods, earthquakes, epidemics, or pandemics)
• Wars, riots, civil disturbances, or acts of terrorism
• Government actions, embargoes, or sanctions
• Strikes, lockouts, or industrial disputes
• Power failures, internet outages, or infrastructure failures beyond our reasonable control
• Any other events beyond the reasonable control of the Platform Owner

In such events, the Platform Owner will use reasonable efforts to notify you of the force majeure event and its anticipated duration. Performance shall be excused to the extent it is affected by the force majeure event.

These Terms of Use shall remain in full force and effect as long as you continue to use or access the Platform.

• By You: You may terminate your use of the Platform at any time by deactivating your account through your profile settings or writing to us. Termination does not entitle you to any refund for prepaid amounts unless stipulated otherwise in our Refund Policy.
• By Us: We reserve the right, at our sole discretion, to suspend or terminate your access to the Platform at any time, with or without notice, for any reason, including breach of these Terms of Use.
• Effect of Termination: Upon termination, your right to use the Platform and all associated Services will immediately cease. All provisions of these Terms of Use that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
• Data upon Termination: You may request deletion of your personal data at the time of account closure, subject to our data retention obligations under applicable law.

These Terms of Use and any dispute or claim relating to them, or their enforceability, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.

All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Purba Medinipur, West Bengal, India, and you irrevocably submit to the personal jurisdiction and venue of such courts.

By using the Platform, you consent to the exclusive jurisdiction of these courts and waive any objection to such jurisdiction on grounds of inconvenient forum or otherwise.

We encourage you to first reach out to us directly for any concerns, complaints, or disputes regarding the Platform or our Services. We are committed to resolving issues promptly and amicably.

• Step 1 – Informal Resolution: Contact our support team via the contact details provided on the Platform. We will endeavour to resolve your concern within 15 business days.
• Step 2 – Escalation to Grievance Officer: If your concern is not resolved within the stipulated time, you may escalate the matter to our designated Grievance Officer.
• Step 3 – Arbitration: If the dispute remains unresolved, it shall be submitted to binding arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 (India). The seat of arbitration shall be Purba Medinipur, West Bengal, India, and the language of arbitration shall be English.
• Step 4 – Courts: Notwithstanding the above, either party may seek interim or emergency relief from a court of competent jurisdiction to prevent irreparable harm or to preserve the status quo.

The Platform Owner reserves the right to revise, modify, or update these Terms of Use at any time, without prior notice or assigning any reason.

• It is your responsibility to periodically review these Terms of Use to stay informed of any updates. The "Effective Date" at the top of this document indicates when these Terms were last revised.
• Your continued use of the Platform following the posting of revised Terms of Use constitutes your acceptance of those changes.
• In case of material changes, we may notify you via email (at the address associated with your account) or by placing a prominent notice on the Platform.
• If you do not agree to any modified Terms of Use, your only remedy is to discontinue use of the Platform and deactivate your account.

All concerns, queries, or communications relating to these Terms of Use must be addressed to us using the contact information provided below. In accordance with the Information Technology Act, 2000 and the Rules made thereunder, the name and contact details of the Grievance Officer are: