TERMS AND CONDITIONS OF SERVICE AND USE
1. GENERAL
a. We, M/S.NIYATHI (hereinafter referred to as the “Company”) is a Private Limited company registered under the Companies Act 1956/2013, having its registered office 16-4-318/2, Vaslane, 1st Cross, Highland, Near Unity Hospital, Kankanady, Mangalore, Dakshina Kannada, Karnataka, 575002” represented by its proprietor and members, where such expression shall unless repugnant to the context thereof, be deemed to include its proprietor, respective legal heirs, representatives, administrators, permitted successors and assigns. The creator of these Terms of Service ensures steady commitment to Your privacy with regard to the protection of your invaluable information. This document contains information about the Website www.desginesbyniyathi.com (hereinafter collectively referred to as the “Platform”).
b. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
a. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
b. “You”, “Your”, “Yourself”, “Customer” shall mean and refer to natural and legal individuals who use the Platform and who is competent to enter into binding contracts, as per Indian laws.
c. “Sellers” refer to those who are partnered with our Company that offer to sell goods/products.
d. “Customers” shall refer to those wishing to avail services, provided by the Platform.
e. “Services” refer to providing a Platform for Customers to avail online shopping services.
f. “Third Parties” refer to any Application, company or individual apart from the Customer and the owner of this Platform.
g. The term “Platform” provides the Customer easy access to online shopping at an affordable price.
h. The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
i. The use of this Platform by the Customer is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The Customer expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature, and that expiry/termination of either one will lead to the termination of the other.
j. The Customer unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the Customer and the Company, and that the Customer shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The Customer acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the Customer, and that the Customer’s act of visiting any part of the Platform constitutes the Customer’s full and final acceptance of these Terms and the aforementioned Policy.
k. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the Customer, and the Customer expressly agrees that any such amendments or modifications shall come into effect immediately. The Customer has a duty to periodically check the terms and stay updated on its requirements. If the Customer continues to use the Platform following such a change, the Customer will be deemed to have consented to any and all amendments/modifications made to the Terms. In so far as the Customer complies with these Terms, it is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to access and use the Platform and the Services. If the Customer does not adhere to the changes, you must stop using the Services at once. Your continuous use of the Services will signify your acceptance of the changed terms.
2. REGISTRATION
Registration is not mandatory for the Customers via email, phone number, google authentication to avail the Services provided by the Company through the Platform. Registration can be done by signing in and creating an account on the Platform.
This information is used in such a manner as provided in Our Privacy Policy to provide Customers with quality service from our end.
Registration for this Platform is available only to those Sellers above the age of eighteen (18) years, barring those “Incompetent to Contract” which inter alia include insolvents.
Minors can use the Platform as a Customer, and may do so through your legal guardian and the Company reserves the right to terminate your account on knowledge of you being a minor and having registered on the Platform or availing any of its Services.
Further, at any time during your use of this Platform, including but not limited to the time of registration, you are solely responsible for protecting the confidentiality of Your Customer name and password, and any activity under the account shall be deemed to have been done by you. In the case that you provide us with false and/or inaccurate details or we have reason to believe you have done so, we hold the right to permanently suspend your account. You agree that you will not disclose your password to any third party, and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account.
3. SERVICE OVERVIEW
The Company is in the business of providing a managed online jewelry marketplace for shoppers/customers. It is a one stop platform for the customers to avail and purchase the Online ancient techniques of handmade silver jewelry and get experiences to an e-commerce experience such as personalized search, content discovery, order checkout but with augmented digital experience facilitated by the Platform, such as in-store product recommendations, location-based offers/recommendations/discovery in notifications, home delivery from stores for orders placed through the Platform, etc.
The Platform use the patterns generated from browsing and shopping data generated on our platform from customer’s interactions to provide shoppers with personalized shopping experience in app (online) and to provide sellers analytical insights into their inventory & sales via data analytics, and trends predictions via machine learning (ML). The Platform manage services required to provide exceptional shopping experience to the shopping customers by using the Company’s own service provider or third-party service providers for particular services, such as a payment gateway for payments.
4. ELIGIBILITY
The Customer represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age, and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
The Customer may not use the Platform if they are not competent to contract or are disqualified from doing so by any other applicable law, rule or regulation currently in force. However, Minors may use the Service provided by the Platform under the supervision of an adult. The Customer further represents that they will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
5. CONTENT
All text, graphics, photographs, trademarks, logos, brand names, descriptions, sounds, music and artwork (collectively, ‘Content’), is generated/provided or based on information provided by the seller and Company have no control and make no guarantees regarding the quality, accuracy, integrity or genuineness of such Content. All the Content displayed on the Platform is subject to copyright and shall not be reused by any party (or third party) without the prior written consent of the Company.
The Customer is solely responsible for the integrity, authenticity and genuineness of the content provided on the Platforms and whilst feedback and comments by Customer shall be made via the Platform, the Platform bears no liability whatsoever for any feedback or comments made by the Customers or made in respect of any of the content on the Platform. Further, the Platform reserves its right to suspend the account of any Customer for an indefinite period to be decided at the discretion of the Platform, or to terminate the account of any Customer who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/inaccurate/misleading or offensive/vulgar. The Customer shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading.
The Customers have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. Customers shall not copy, adapt, and modify any content without written permission of the Company.
6. TERM
a. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the Customer continues to access and use the Services and Platforms.
b. A Customer may terminate their use of the Services and the Platform at any time provided there is no payment/amount withheld by the Customer or the Company.
c. The Company may terminate these Terms and close a Customer’s account at any time without notice and/or suspend or terminate a Customer’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
e. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
7. TERMINATION
The Company reserves the right, in its sole discretion, to unilaterally terminate the Customer’s access to the Services, or any portion thereof, at any time, without notice or cause.
The Platform also reserves the universal right to deny access to particular Customers, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other visitors to the Platform.
The Platform reserves the right to limit, deny or create different access to the Platform and its features with respect to different Customers, or to change any of the features or introduce new features without prior notice.
The Customer shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the Customer shall not have the right to terminate these Terms till the expiry of the same.
8. COMMUNICATION
By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the Customer hereby agrees and consents to receiving calls, e-mails or SMSs which will be sent by this platform from time to time. The Customer also hereby agrees and consents to receive the information in electronic form Customers can report to support@graftale.com if they find any discrepancy with regard to Service related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
The Customer expressly agrees that notwithstanding anything contained hereinabove, it may be contacted by the Company or any representatives relating to any service availed of by the Customer on the Platform or anything pursuant thereto and the Customer agrees to indemnify the Company from any and all harassment claims. It is expressly agreed to by the Parties that any information shared by the Customer with the Company shall be governed by the Privacy Policy.
9. PAYMENT
Charges
Registration and subscription to the Services on the Platform is free of cost within India and internationally with the charge of Rs. 1500 to Rs. 1800 (Further subjected to change depending on the item selected and delivery location).
Registration and access to the Services on the Platform does not involve charges and is free of Cost for the shopping customers. The “Seller” group of customers shall be required to pay a registration fee to gain access to the Platform as listed by the Company. In addition, the Sellers are required to subscribe monthly/annually to access any/all services the Company offers behind a paywall eg. Data analytics, multiple stores for a seller, in-store/offline recommendations, etc. The Sellers are required to pay an amount of commission for every sale from their respective inventory offered on the Platform. We reserve the rights to offer any or all of these services for free/zero cost initially, or for any duration of time; and we reserve the right to revise our pricing models in time. All payments towards purchase of products are inclusive of taxes and delivery charges and must be paid via any of the following payment portals.
Payment Methods
- PayUmoney
Payment can be made by using both the online and on delivery options. PayUmoney is the online payment gateway. Whereas the payment on delivery option will be up to the discretion of the third party making the delivery.
The Customer (s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Customers are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Customers.
Further, the Platform does not bear any liability for any activities, breaches, discrepancies or technical problems experienced by the Customers whilst using any third-party payment gateway to make payments. The relationship between the Customers and third-party payment gateway shall be governed by the Terms of Use and Privacy Policy of the said payment gateway, and the Platform shall not be associated with any dispute arising therefrom.
10. CUSTOMER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The Customer agrees and acknowledges that they are restricted Customer of this Platform, and that they:
a. Agree to provide genuine credentials during the process of registration on the Platform. You shall not use a fictitious identity to register. We are not liable if the Customer has provided incorrect information.
b. Agree to ensure the email address, address and mobile number provided during account registration are valid at all times and shall keep your information accurate and up-to-date once verified to be correct and acceptable. The Customer can update their details anytime by contacting the Company’s support team.
c. Agree that they are solely responsible for maintaining the confidentiality of your account password. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
d. Understand and acknowledge that the data submitted is entered in the database of the Platform. The Customer also acknowledges the fact that data so entered into the database is for the purpose of easy and ready reference for the Customer, and to streamline the Services through the Platform.
e. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Customer Purchases, Offer redemption’s, Customer locations, Customer comments, reviews and ratings for personalization of Services, marketing and promotional purposes and for optimization of Customer-related options and Services.
f. Understand and agree that, to the fullest extent permissible by law, the Platform/Company and their successors and assigns, or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or from this terms of use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
g. Are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission of the Company.
h. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform. The use of deep-link, 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 Platform or its content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of the Customer ’s access to the Platform. The Customer acknowledges and agrees that by accessing or using the Platform or any of the Services provided therein, it may be exposed to content that it may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Platform.
i. Expressly agree and acknowledge that the Content displayed on the Platform is not owned by the Company, and that the Company is in no way responsible for the content of the same. The Customer may however report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
j. The Customers may be benefited by way of Promotional Coupons and Vouchers from time to time.
The Customer further undertakes not to:
- Engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The Customer may not reverse look-up, trace or seek to trace any information relating to any other Customer of, or visitors to, the Platform, or any other viewer of the Platform, including any Customer account maintained on the Platform not operated/managed by the Customer , or exploit the Platform or information made available or offered by or through the Platform, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked Platforms;
- Use the Platform or any material or content therein 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 this Platform or any other third party (ies);
- Violate any code of conduct or guidelines which may be applicable for or to any particular service offered on the Platform;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Company/Platform;
- The Customer hereby expressly authorizes the Company/Platform to disclose any and all information relating to the Customer in the possession of the Company/Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that involve personal injury and theft/infringement of intellectual property. The Customer further understands that the Company/Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
By using this service, the Customer also agrees to the following restrictions.
a. The Customer agrees not to use the Service for any purpose that is illegal or prohibited by this Agreement.
b. The Customer agrees not to use the Service for any harmful or nefarious purpose.
c. The Customer agrees not to use the Service in order to damage the Platform or Company.
d. The Customer agrees not to spam, solicit money from or defraud any Customer s.
e. The Customer agrees not to impersonate any person or entity or post any images of another person without his or her permission.
f. The Customer agrees not to bully, “stalk,” intimidate, assault, harass, mistreat or defame any person.
g. The Customer agrees not to post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
h. The Customer agrees not to post any Content that is threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
i. The Customer agrees not to post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
j. The Customer agrees not to solicit passwords for any purpose or personal identifying information for commercial or unlawful purposes from other Customer s or disseminate another person’s personal information without his or her permission.
k. The Customer agrees not to use another Customer’s account.
l. The Customer agrees not to create another account if the Company has already terminated your account, unless you have our permission.
m. Failure or denial by another Customer to honor a deal, or Coupon or coupon code not working in case of online coupons, needs to be reported within 24 hours of the purchase of the deal or use of the coupon.
n. The Customer agrees not to post any material on the website that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the Customer agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which the Customer has no right to;
ii. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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;
iii. is in anyway harmful to minors;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. violates any law for the time being in force;
vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vii. Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
viii. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
ix. Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
x. Threatens the unity, integrity, defense, security or sovereignty of India, 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.
11. SUSPENSION OF CUSTOMER ACCESS AND ACTIVITY
Notwithstanding other legal remedies that may be available, the Company may in its sole discretion, limit the Customer’s access and/or activity by immediately removing the Customer’s access credentials either temporarily or indefinitely, or suspend/terminate the Customer’s association with the Platform, and/or refuse to usage of the Platform to the Customer, without being required to provide the Customer with notice or cause:
a. If the Customer is in breach any of these Terms or the Policy;
b. If the Customer has provided wrong, inaccurate, incomplete or incorrect information;
c. If the Customer’s actions may cause any harm, damage or loss to the other Customer s or to the Company, at the sole discretion of the Company.
12. INDEMNITY
You (the Customer ) agree to indemnify, defend and hold harmless the Company/Platform, its service providers, and their respective directors, officers, employees and agents (collectively, “Parties”), from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:
- Your use of the Platform,
- Your violation of these Terms and Conditions;
- Your violation of any rights of another;
- Your alleged improper conduct pursuant to these Services;
- Your conduct in connection with the Platform;
You agree to fully cooperate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.
In no event shall the Company/Platform be liable to compensate the Customer or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/ Platform had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Customer ’s use of or access to the Platform and/or the Services or materials contained therein.
13. LIMITATION OF LIABILITY
a. The Founders/ Promoters/ Associated people of the Platform/Platform are not responsible for any consequences arising out of the following events:
i. If the Platform is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
ii. If the Customer has fed incorrect information or data or for any deletion of data;
iii. If there is undue delay or inability to communicate through email;
iv. If there is any deficiency or defect in the Services managed by Us;
v. If there is a failure in the functioning of any other service provided by the Platform.
b. The Platform accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to the Customer, the Customer’s belongings, or to any third party, resulting from the use or misuse of the Platform or any services availed of by the Customer through the Platform. The service and any Content or material displayed on the service is provided without any guarantees, conditions or warranties as to its accuracy, suitability, completeness or reliability. The Platform will not be liable to you for the unavailability or failure of the Platform.
c. Customers are to comply with all laws applicable to them or to their activities, and with all Policies, which are hereby incorporated into this Agreement by reference.
d. The Platform expressly excludes any liability for any loss or damage that was not reasonably foreseeable by the Platform and which is incurred by you in connection with the Platform, including loss of profits; and any loss or damage incurred by you as a result of your breach of these terms.
e. To the fullest extent permitted by law, the Platform shall not be liable to you or any other party for any loss or damage, regardless of the form of action or basis of any claim. You acknowledge and agree that your sole and exclusive remedy for any dispute with us is to terminate your use of the Platform.
14. DISCLAIMER
We advise Customers to be aware of their interactions with other Customers and the information they are sharing. The Platform provides only a medium for access to information relating to IT and Software services, and is not responsible for the outcome of any transactions or discussions with third parties beyond the Terms of Service provided through the Platform, and beyond the scope of the services requested through the Platform.
Timings/prices shown on the Platform with regard to the service will be tentative, we will not responsible for any delay. Any changes in fare and pricing are subject to changes in factors including but not limited to market conditions, demands for service and therefore at the sole discretion of the Company.
The Company also makes it clear that it shall not be held liable for any damage/hurt/inconvenience caused to the Customer through the course of provision of Services or as a result of the Customers actions. The Company makes no representations or warranties as to the conduct of the Customer’s. The Company takes no responsibility for any content that Customers send or receive from other Customers or Third-Party posts through the service. Any material downloaded or otherwise obtained through the use of the service is accessed at the Customer own discretion and risk.
The facilities and Services on the Platform are intended to be subject to availability, without any promises or guarantees on the same by the Company, and while certain information available on the Platform and Software is the property of the Company and the Company endeavors to keep the said information updated and accurate, the Company shall not make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Platform or the information, products, Services, or related graphics contained on the Platform for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The Company bears no responsibility whatsoever for any consequences arising from the use of the said Services by Customer s. The use of the Services and Platforms in Platform is the sole responsibility of the Customer (or legally authorized person on behalf of the Customer ), and in case of any negligence on the part of the Customer in acting on the same shall not be construed as imposing any liability, direct or indirect, on the Company/Platform.
The Company shall disclaim all responsibility and owns no liability to Customer s for any outcome (incidental, direct, indirect or otherwise) from the use of the Services.
In no event will the Company be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Platform.
Through this Platform you are able to link to other Platforms which are not under the control of the Company. We have no control over the nature, content and availability of those sites. The inclusion of any link does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the Platform up and running smoothly. However, the Company takes no responsibility for, and will not be liable for, the Platform being temporarily unavailable due to technical issues beyond our control
THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO CUSTOMER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY CUSTOMER CONTENT.
THE CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE ENTIRELY AT HIS/HER OWN DISCRETION AND RISK AND HE/SHE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. PLATFORM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
THE ADVERTISEMENT AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO THE THIRD-PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSES ONLY.
15. INTELLECTUAL PROPERTY RIGHTS
Unless expressly agreed to in writing, nothing contained herein shall give the Customer a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including materials, designs, and graphics created by and developed by the Platform and other distinctive brand features of the Platform are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the Platform created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
The Customer is aware all intellectual property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Company, or to any other Customer. The Customer is aware that the Company merely provides a Platform through which the Customers can communicate and facilitate sale, and the Company/the Platform does not own any of the intellectual property relating to the independent content displayed on the Platform, apart from originally created graphics and specified content.
The Customer is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the Customer will result in legal action being initiated against the Customer by the respective owners of the intellectual property so reproduced/infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiration of the Terms and/or Policy.
16. DISCLAIMER OF WARRANTIES AND LIABILITIES
a. The Customer agrees and undertakes that they are accessing the Platform at their sole risk and are that they are using their best and prudent judgment before availing any service listed on the Platform or accessing/using any information displayed thereon.
b. The Customer agrees that any kind of information, resources, activities, recommendations obtained/availed from Platform, written or oral, will not create any warranty and the Platform disclaims all liability resulting from these.
c. The Company/Platform does not guarantee that the Services contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and the Customer hereby expressly accepts any and all associated risks involved with the Customer’s use of the Platform.
d. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiration of the Terms and/or Policy
17. FORCE MAJEURE
Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to causes beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, Internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
18. DISPUTE RESOLUTION AND JURISDICTION
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
b. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Mangalore.
c. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of Mangalore, India.
19. NOTICES
Any and all communication relating to any dispute or grievance experienced by the Customer may be communicated to the Company by the Customer by sending an email to info.niyathi@gmail.com
20. MISCELLANEOUS PROVISIONS
a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the Customer and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at info.niyathi@gmail.com
