These Terms of Use ("Terms") constitute a legal, valid, and binding agreement between EMPARACY EQUESTRIAN ("Company," "EMPARACY," "we," "us," or "our"), operating and maintaining the digital platform at https://www.emparacyequestrian.com/ (the "Website"), and any natural or legal person ("you," "your," or "User") who accesses, browses, registers with, makes purchases on, or otherwise uses our Website, products, features, content, applications, or associated services (collectively, the "Services").
IMPORTANT LEGAL NOTICE
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR SERVICES. BY ACCESSING, BROWSING, REGISTERING AN ACCOUNT, OR PURCHASING FROM THE WEBSITE, YOU EXPRESSLY ACKNOWLEDGE AND UNCONDITIONALLY AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ARE BOUND BY ALL TERMS, CONDITIONS, OBLIGATIONS, AND POLICIES INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
1. Acceptance & Modification of Terms
Binding Agreement: Your access to and use of the Services is subject to these Terms, our Privacy Policy, Shipping & Delivery Policy, Cancellation & Refund Policy, and any other guidelines posted on the Website from time to time.
Absolute Right to Modify: We reserve the sole, absolute, and unrestricted right to amend, update, alter, modify, or replace any part of these Terms at any time without prior individual notice.
Effective Date of Revisions: Any amendments shall become effective immediately upon being published on the Website. Your continued use of the Website following any published changes constitutes your explicit, unconditional acceptance of the modified Terms. It is your sole responsibility to review these Terms periodically for updates.
2. User Eligibility & Account Responsibilities
Age Qualification: By using the Services, you represent and warrant that you are at least 18 years of age (or the legal age of majority in your jurisdiction) and possess the legal capacity to enter into a legally binding contract under the Indian Contract Act, 1872. Minors under 18 may use the Services solely under the active supervision and explicit consent of a parent or legal guardian who agrees to be bound by these Terms.
Account Registration: To access certain features, place orders, or register on the platform, you may be required to create a user account. You agree to:
Provide accurate, current, truthful, and complete details as prompted during registration;
Maintain and promptly update your account details to keep them accurate and complete;
Safeguard and maintain the absolute confidentiality of your account credentials (usernames and passwords); and
Immediately notify us in writing of any unauthorized access or breach of security regarding your account.
Account Liability: You assume full, exclusive, and unreserved responsibility for all actions, orders, transactions, activities, and liabilities conducted under your account credentials, whether explicitly authorized by you or not. EMPARACY shall not be liable for any loss or damage arising from your failure to protect your login details.
3. Prohibited Conduct & System Integrity
You explicitly agree to use the Website and Services strictly for lawful purposes and in accordance with Applicable Law. You shall NOT, directly or indirectly:
Use the Website for any fraudulent, unlawful, deceptive, harmful, or unauthorized activity;
Upload, post, transmit, or introduce any computer viruses, worms, Trojan horses, malware, spyware, ransomware, logic bombs, or other technologically harmful codes;
Attempt to gain unauthorized access to, breach, compromise, or bypass the server infrastructure, administrative controls, databases, networks, or accounts connected to the Website;
Engage in any web scraping, data mining, automated crawling, extraction, deep-linking, framing, or automated bot usage without prior explicit written permission from EMPARACY;
Upload, post, or transmit any material that is defamatory, obscene, invasive of privacy, infringing on intellectual property, hate speech, or contrary to public policy or Indian laws; or
Interfere with, disrupt, disable, overburden, or impair the proper working, functionality, or security of the Website or servers.
Breach Liability: Any violation of this Section may result in immediate suspension or permanent termination of your access without notice, in addition to civil damages and criminal prosecution under the Information Technology Act, 2000 and applicable cybercrime laws.
4. Intellectual Property Rights
Sole Ownership: All materials, content, designs, source codes, software, algorithms, user interfaces, branding, visual representations, logos, trademarks, service marks, trade names, graphics, product photography, text, databases, media, and trade secrets displayed on or incorporated into the Website are the exclusive, legal property of EMPARACY EQUESTRIAN or its licensed partners.
Limited License: Subject to compliance with these Terms, EMPARACY grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website solely for personal, non-commercial purposes.
Prohibited Exploitation: You shall not copy, reproduce, re-publish, upload, post, transmit, modify, reverse-engineer, decompile, distribute, sell, license, create derivative works from, or exploit any Website content or intellectual property without our prior written consent. Unattributed or unauthorized use of our brand name, logo, or assets is strictly actionable under law.
5. Product Listings, Pricing & Disclaimer of Warranties
Information Accuracy: We strive to display product images, specifications, colors, and descriptions as accurately as possible. However, we do not warrant or guarantee that product colors, descriptions, sizing charts, or other content on the Website are completely error-free, current, accurate, or complete.
Pricing & Availability: All prices displayed on the Website are subject to change without prior notice. EMPARACY reserves the right to modify prices, discontinue products, or correct typographical, clerical, or computational errors in pricing or availability at any time, even after an order has been submitted or confirmed.
Disclaimer of Warranties:
THE WEBSITE, SERVICES, PRODUCTS, AND ALL ASSOCIATED MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR FREEDOM FROM COMPUTER VIRUSES.
6. Orders, Payments & Financial Transactions
Order Acceptance: The receipt of an email or order confirmation does not signify our final acceptance of your order. EMPARACY reserves the right, at its sole discretion, to accept, decline, limit, or cancel any order for any reason (including stock unavailability, suspect transaction fraud, or pricing errors).
Third-Party Payment Gateways: Payment processing for purchases is facilitated through secure, PCI-DSS compliant third-party payment gateways. EMPARACY does not directly process or store raw financial credentials (such as credit card numbers or banking passwords). EMPARACY shall not be held liable for payment gateway failures, bank transmission errors, or unauthorized financial transactions caused by third-party processors.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
NO INDIRECT DAMAGES: IN NO EVENT SHALL EMPARACY EQUESTRIAN, ITS PROPRIETORS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA LOSS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, OR PERSONAL INJURY RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS.
CAP ON LIABILITY: IN ANY EVENT, THE AGGREGATE LEGAL AND FINANCIAL LIABILITY OF EMPARACY EQUESTRIAN ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR PRODUCTS SHALL NOT EXCEED THE ACTUAL AMOUNT PAID BY YOU TO EMPARACY FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM, OR INR 1,000 (INDIAN RUPEES ONE THOUSAND), WHICHEVER IS LOWER.
8. Indemnification
You agree to defend, indemnify, release, and hold harmless EMPARACY EQUESTRIAN, its legal owners, directors, officers, employees, agents, partners, suppliers, and legal representatives from and against any and all claims, actions, suits, liabilities, losses, damages, demands, penalties, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
Your use, misuse, or inability to use the Website or Services;
Your violation or breach of any provision of these Terms or Applicable Law;
Your infringement or violation of any intellectual property, privacy, or legal rights of any third party; or
Any fraudulent, negligent, or willful misconduct conducted through your account.
9. Account Termination & Suspension
EMPARACY reserves the absolute right, without prior notice or financial liability, to suspend, disable, restrict, or permanently terminate your account, IP access, or use of the Website immediately if:
You breach any term, condition, or policy set forth in these Terms;
Required by law enforcement or government agency orders;
We detect suspected fraudulent, illegal, or unauthorized account activity; or
We discontinue operating the Website or platform in whole or part.
10. Governing Law & Exclusive Legal Jurisdiction
Governing Law: These Terms, their validity, performance, interpretation, and all legal relationships arising out of or in connection with your use of the Website shall be governed exclusively by and construed in accordance with the laws of India, without giving effect to conflicts of law principles.
Exclusive Jurisdiction: You expressly agree that any dispute, claim, litigation, or legal proceeding arising out of or in connection with these Terms, products, or Website usage shall be submitted to the exclusive jurisdiction of the competent Courts located in Kanpur Nagar, Uttar Pradesh, India. You hereby waive any objections to venue or inconvenient forum arguments.
11. Miscellaneous Legal Provisions
Severability: If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, such provision shall be severed, and the remaining provisions shall continue in full legal force and effect.
Force Majeure: EMPARACY shall not be liable or held in breach for any failure, delay, or disruption in fulfilling its obligations resulting from events beyond its reasonable control, including acts of God, war, pandemic, government restrictions, severe weather, network failure, cyber-attacks, or logistics strikes.
Entire Agreement: These Terms, along with the Privacy Policy and published Website policies, constitute the entire, final legal agreement between you and EMPARACY regarding your use of the Website, superseding all prior oral or written communications, drafts, or understandings.
12. Contact Information & Customer Grievance
For any queries, customer support, legal notices, or formal grievances regarding these Terms of Use, please reach out to us using the official contact channels below:
Legal Entity Name: EMPARACY EQUESTRIAN
Designation: Customer Support & Compliance Desk
Official Email: sales@emparacyequestrian.com
Official Address: EMPARACY EQUESTRIAN, A-681, Awas Vikas, Hanspuram, Naubasta, Kanpur Nagar - 208021, Uttar Pradesh, India
Website: https://www.emparacyequestrian.com/