Terms and Conditions

Terms of Use for Information Dissemination

YOUR ACCEPTANCE OF THIS AGREEMENT:

It is an agreement between the User and Ulyana Mart Pvt. Ltd. (i.e. Ulyana Mart) a company incorporated under the Companies Act 1956 with its registered office at 71- A Hira Nagar, Patiala Punjab - 1470001 that governs the terms of use for diverse range of information, text, photographs, designs, graphics, images, sound and video recordings, animation, content, advertisement and effects etc. (hereafter collectively termed as "Information") provided by Ulyana Mart through its website www.ulyanamart.com ("Website"), phone, SMS, WAP or any other medium ("hereafter collectively termed as Platforms"). The term “User” includes the business entities who furnish Information on various Platforms provided by Ulyana Mart and individuals/groups/entities who may use this information to purchase products/services provided by these business entities. When User accesses any Platform for use of Information provided, User agrees to be bound by these Terms and Conditions ("hereafter termed as Terms").


CHANGES:

Ulyana Mart may periodically change the Terms and conditions and the Site without notice, and any use of the information signifies that user consents to the terms existing at that time.


INFORMATION PROVIDED BY USERS:

Ulyana Mart provides Information through various Platforms. Users using any of the Platforms to post business Information and/or Advertisements about their products and/or services and/or transmissions like Reviews, Ratings & Comments about these business entities listed at Ulyana Mart is subject to terms and conditions as mentioned herein.

Users are solely responsible for the content of any transmissions they make and/or any Information they add to the Site or any Platform offered by Ulyana Mart, including but not limited to Information about products and/or services or Advertisements and transmissions like Reviews, Ratings & Comments ("hereafter collectively termed as Communications").

Ulyana Mart does not endorse or accept any of User’s business information and Communication as their (Ulyana Mart) own. User must not send us any confidential or proprietary information except for any personally identifiable information that Ulyana Mart agrees to keep confidential as provided in its Privacy Policy. Any communication to Ulyana Mart, including, but not limited to details of products and/or services of user’s business entity, any feedback, data, question/answers, comments, suggestions, ideas or the like will be treated as non-confidential and nonproprietary. Ulayana Mart assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute the information to others without restriction. Ulayana Mart will also be free to use any ideas, concepts, know-how or techniques contained in information that User sends us for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.

User hereby waives and grants to Ulyana Mart all rights including intellectual property rights and also "moral rights" in his/her Communications, posted at Ulyana Mart through any of its Platforms. Ulyana Mart is free to use all such Communications as per its requirements from time to time. User represents and warrants that he/she owns or otherwise controls all of the rights to the content that is posted as Business information of his/her products and/or services and feedback such as Review, Rating or Comments; that the content is accurate; that use of this content does not violate these Terms and will not cause injury to any person or entity. For removal of doubts it is clarified that, the reference to Communications would also mean to include the such information posted by user’s Friend's tagged by him/her. Also Ulyana Mart reserves the right to mask or unmask user’s identity in respect of communication posted by him/her.

Ulyana Mart cannot review all Communications made on and through any of its Platforms. However, Ulyana Mart reserves the right, but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which it in its sole discretion deems inappropriate, offensive or contrary to any Ulyana Mart policy, or that violate these terms.

Ulyana Mart reserves the right not to upload or distribute to, or otherwise publish through the Site or its Platforms any Communication which

  • is obscene, indecent, pornographic, profane, sexually explicit, threatening, or abusive;
  • constitutes or contains false or misleading indications of origin or statements of fact;
  • slanders, defames, disparages, or otherwise violates the legal rights of any third party;
  • causes injury of any kind to any person or entity;
  • infringes or violates the intellectual property rights (including copyright, patent and trademark rights), contract rights, trade secrets, privacy or publicity rights or any other rights of any third party;
  • violates any applicable laws, rules, or regulations;
  • contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • impersonates another person or entity, or that collects or uses any information about Site visitors.

It is also clarified that, if there are any issues or claims due to User’s Communication or/and posting of information, then Ulyana Mart reserves right to take appropriate legal action against him/her. Further, User will have to indemnify and protect Ulyana Mart against such claims or damages or any issues, due to these communications. Ulyana Mart takes no responsibility and assumes no liability for any content posted by any User or any third party on any Platform of Ulyana Mart. Further, User shall not breach or attempt to breach the security of the Site or any of the Platforms of Ulyana Mart.


HOW USER MAY USE THE INFORMATION: 

Ulyana Mart uses Information regarding products and/or services and feedback communicated by the users on various Platforms. The user may communicate his business information to increase his business prospects, or use the Information provided on various Platforms of Ulyana Mart to purchase and/or avail various services. Users are prohibited from data mining, scraping, crawling, or using any process or processes that send automated queries to Ulyana Mart. User may not use the Information provided on any Platform for any unsolicited commercial e-mail, except as authorized in this paragraph. Users are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Information or the products, services, processes or technology described therein. All such rights are retained by Ulyana Mart, its subsidiaries, parent companies, and/or any third party owner of such rights. All rights, title, logos and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Ulyana Mart or its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.

All rights, title, logos and interest including trademarks and copyrights in respect of the domain name and Platforms content hosted on the Platforms are reserved with Ulyana Mart or its wholly owned subsidiaries. All other trademarks and service marks herein are the property of their respective owners. Users are permitted to read, print or download text, data and/or graphics from the Website or any other Platforms for their personal use only. Unauthorized access, reproduction, redistribution, transmission and/or dealing with any information contained in the Platforms in any other manner, either in whole or in part, are strictly prohibited, failing which strict legal action will be initiated against such users.


PRIVACY POLICY:

Ulyana Mart is committed to protecting the privacy and confidentiality of any personal information that it may request and receive from its clients, business partners and other users of the Website. To read our privacy policy statement regarding such personal information please refer PRIVACY POLICY.


REFUND AND CANCELLATION POLICY:
Users shall not be entitled for any refund, compensation, damages, expenses, interest arising of out of business loss, claims, actions, inconvenience suffered by User from delay in activation of services, non-activation of services or termination of the contract due to its fault of not providing documents, delay in providing the relevant documents or providing incomplete documents to the Ulyana Mart. It further acknowledges that under no circumstances, the User shall not be entitled to claim a refund of amounts that already paid to Ulyana Mart.
CONTENT DISCLAIMER:

Ulyana Mart communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. While every attempt has been made to ascertain the authenticity of the content on the Platforms. Ulyana Mart has no control over the content, its accuracy, integrity or quality. The Information provided on our Platforms may include technical inaccuracies or typographical errors. Ulyana Mart makes no guarantees, nor carries any responsibilities for any such information, including its authenticity, currency, content, quality, copyright compliance or legality, or any other IPR compliance, or any resulting loss or damage arising directly or indirectly due to access and/or use of any content including but not limited to content based decisions resulting in loss of data, revenue, profits, property, infection by viruses etc. All data on products, services and promotions including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the product or service or promotion.

Ulyana Mart reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Platforms. Where appropriate, Ulyana Mart will try to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.

Links to external Internet sites may be provided within the content on Website or other Platforms as a convenience to users. The listing of an external site does not imply endorsement of the site by Ulyana Mart or its affiliates. Ulyana Mart does not make any representations regarding the availability and performance of its Platforms or any of the external websites links provided by it. Ulyana Mart and its affiliates are not responsible for the accuracy, relevancy, copyright compliance, legality, or decency of information, functionality, authenticity or technological safety of these external sites. It reserves the right to disable links to or from advertisers, sponsors, and content partners or from third-party sites to its Platforms, even if under no obligation to do so.

Ulyana Mart will at no point of time be responsible for the accuracy or correctness of views, opinion, suggestion, comments and other information provided by the users or general public on any of its Platforms. Ulyana Mart reserves the absolute right to accept/reject information and Communication from readers and/or users. Ulyana Mart reserves the right to impose/change the rules and regulations of the Platforms, whether in terms of access fee, timings, equipment, access restrictions or otherwise, which shall be posted from time to time under these terms and conditions. It is the responsibility of users to refer to these terms and conditions each time they use the Platforms.

While every attempt has been made to ascertain the authenticity of the content in the Platforms, Ulyana Mart is not liable for any kind of damages, losses or action arising directly or indirectly, due to access and/or use of the Information including but not limited to any decisions based on the Information resulting in loss of data, revenue, profits, property, infection by viruses etc.


WARRANTY DISCLAIMER:

Please remember that any provider of goods or services is entitled to register with Ulyana Mart. Ulyana Mart does not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from its Platforms. References made by Ulyana Mart to any names, marks, products or services, hypertext links of third parties sites or information, do not constitute or imply its endorsement, sponsorship or recommendation, of the quality of any product or service, advice, information or other materials displayed, purchased, or obtained by user as a result of an advertisement or any other information or offer in or in connection with its Platforms. Purchasing of these goods or availing of these services shall be at user’s own risk.

The products and/or services listed on the various Platforms of Ulyana Mart do not provide any warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Ulyana Mart disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the platforms and Information. Ulyana Mart does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Ulyana Mart disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the platforms. Some countries or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to the user. The rights of user may vary from country to country and jurisdiction to jurisdiction.


DISCLAIMER for "Ulyana Mart GUARANTEE" and "Ulyana Mart’s Right"

The "Ulyana Mart Guarantee" and "Ulyana Mart’s Right" is a limited assurance offered by Ulyana Mart that the name and contact information of the advertiser and the category in which the advertiser is listed by Ulyana Mart, have been verified as existing and correct at the time of the advertiser's application to register with Ulyana Mart. Ulyana Mart makes no representations or warranties, whether express or implied, including but not limited to warranties of the continued existence and/or operations of the advertiser, or the quality, quantity, merchantability or fitness for use of the goods or services offered by the advertiser.


ADDITIONAL DISCLAIMER:

Users using any Information provided by Ulyana Mart on its Platforms are bound by this additional disclaimer wherein they are cautioned to make proper enquiry before they (Users) rely, act upon or enter into any transaction (any transaction including but not limited to monetary transaction) with any Advertiser listed with Ulyana Mart.

All the Users are cautioned that all and any information of whatsoever nature provided or received from the Advertiser/s is taken in good faith, without least suspecting the bonafides of the Advertiser/s and Ulyana Mart does not confirm, does not acknowledge, or subscribe to the claims and representation made by the Advertiser/s listed with Ulyana Mart. Further, Ulyana Mart is not at all responsible for any act of Advertiser/s listed at Ulyana Mart.


LIMITATION OF LIABILITY:

In no event shall Ulyana Mart be liable to any user on account of such user's use, misuse or reliance on the platforms for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if Ulyana Mart is aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the platforms, the Information, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. Ulyana Mart does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other Information accessible from the platforms.

The user of the platforms assumes all responsibility and risk for their use. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries liability is limited to the fullest extent permitted by law.


THIRD PARTY SITES:

The business dealing or sales promotions, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between the user and such advertisers or service providers. The user agrees to own complete and sole responsibility or liability for the availability, accuracy, authenticity, copyright compliance, legality, decency or any other aspect of the content, advertising, products, services, or other materials on or available from such sites or resources on the Platforms of Ulyana Mart. User acknowledges and agrees that his/her use of the third party linked sites is subject to different terms of use, and may be subject to different privacy practices than those set forth in the Privacy Policy governing the use of the Platforms of Ulyana Mart. Ulyana Mart does not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses listed on its Platforms.


MONITORING OF MATERIALS TRANSMITTED BY YOU:

Changes may be periodically incorporated into the Platforms. Ulyana Mart may make improvements and/or changes in the information provided in its Platforms at any time without notice. Ulyana Mart is under no obligation to monitor the material residing on or transmitted to the Platforms. However, anyone using the Platforms agrees that Ulyana Mart may monitor the Platforms contents periodically to

  • comply with any necessary laws, regulations or other governmental requests
  • to operate the Platforms properly or to protect itself and its users.

Ulyana Mart reserves the right to modify, reject or eliminate any material residing on or transmitted to its Platforms that it, in its sole discretion, believes is unacceptable or in violation of the law or these Terms and Conditions.


DELETIONS FROM SERVICE:

Ulyana Mart will delete any information at the request of the user who submitted that information, including, but not limited to ratings and reviews provided by third parties. Ulyana Mart reserves the right to delete (or to refuse to post to public forums) any materials it deems detrimental to the system or is, or in the opinion of Ulyana Mart, may be, defamatory, infringing or violate of applicable law. Ulyana Mart reserves the right to exclude any information from its Platforms. Information submitted to Ulyana Mart for publication on its Platforms may be edited for length, clarity and/or consistency with Ulyana Mart's editorial standards.


INDEMNIFICATION:

The user agrees to indemnify and hold Ulyana Mart and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms, user’s violation of any law, or rights of a third party, including the infringement by user of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.


MISCELLANEOUS:

These Terms will be governed by and construed in accordance with the Indian laws, without giving effect to its conflict of law’s provisions or user’s actual state or country of residence, and user agrees to submit to personal jurisdiction in India. The user agrees to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods. User is responsible for compliance with applicable laws. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect. These Terms constitute the entire agreement between Ulyana Mart and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. Any waiver of any provision of the Terms will be effective only if in writing and signed by the user and Ulyana Mart. Ulyana Mart reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems necessary and appropriate. Such action may include reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, Uyana Mart may take action to disclose any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Ulyana Mart reserves the right to seek all remedies available at law and in equity for violations of these Terms.


NOTICES:

All notices, demands and other communications of Ulyana Mart must be in writing and will be deemed to have been given

  • if mailed by certified mail, postage prepaid
  • if delivered by overnight courier
  • if sent by facsimile transmission and such transmission is confirmed as received
  • if sent by electronic mail, and such message is confirmed as received, in each case to the address, fax number or e-mail address specified on the Order for the recipient of such notice.

All notices, demands and other communications sent by user must be in writing and will be deemed to have been given

  • if mailed by certified mail, postage prepaid or if delivered by overnight courier, to our address: Ulyana Mart Limited, 71- A Hira Nagar Adjoining Water Tank, Patiala, Punjab - 147001.

FORCE MAJEURE:

In no event shall Ulyana Mart or its subsidiaries have liability or be deemed to be in breach hereof for any failure or delay of performance resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, network failure, riot, explosion, embargo, strikes (whether legal or illegal), terrorist act, labor or material shortage, transportation interruption of any kind or work slowdown or any other condition not reasonably within our control. The payment obligations of the user shall continue during any event of force majeure.


INDEMNIFICATION:

The user agrees to indemnify and hold Ulyana Mart and (as applicable) its parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, violation of right of privacy or publicity, criminal investigations, made by any third party due to or arising out of user’s breach of these Terms, violation of any law, or violation of the rights of a third party, including the infringement by the user of any intellectual property or other right of any person or entity. These obligations will survive any termination of the Terms.


ARBITRATION:

Any disputes and differences whatsoever arising in connection with these Terms shall be settled by Arbitration in accordance with the Arbitration and Conciliation Act, 1996.

  • All proceedings shall be conducted in English language.
  • Unless the Parties agree on a sole arbitrator there shall be three Arbitrators, one to be selected by each of the parties, and the third to be selected by the two Arbitrators appointed by the parties.
  • The venue of Arbitration shall be in Patiala, Punjab, India.

ENTIRE AGREEMENT:

These Terms constitute the entire agreement between the users and Ulyana Mart with respect to the subject matter of these Terms and supersedes all prior written and all prior or contemporary oral communications regarding such subject matter. Accordingly, user should not rely on any representations or warranties that are not expressly set forth in these Terms. If any provision or provisions of these Terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Ulyana Mart may modify these Terms from time to time, and such revised terms and conditions shall be effective as and when posted on the Website or other Platforms by Ulyana Mart.