Terms of service
The term ‘MYRIE’ or ‘us’ or ‘we’ or ‘Company’refers to the owner of the website. The term ‘you’ or ‘user’ refers to the user or viewer of our website.
The Platform is currently owned, operated and controlled by Myrie
(ii) You are of legal age to form a binding contract and are not a person barred from receiving services under the laws of any applicable jurisdiction in which the Company conducts business.
IF THE USER DOES NOT AGREE WITH THESE TERMS, THE USER IS ADVISED TO REFRAIN FROM USING THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, THE USER IRREVOCABLY ACCEPTS THE AGREEMENT AND AGREES TO ABIDE BY THE SAME (AS UPDATED FROM TIME TO TIME).
(i) User(s) represent and warrant that they have the right to access or use the Platform. 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 access and use the Platform.
(ii) The Platform can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under Indian Contract Act, 1872. Only individuals who are eighteen (18) years of age or older may use the Platform and avail Services. The Company reserves the right to terminate the Users account and / or deny access to the Platform if it is brought to the Company’s notice or if is discovered that the User does not meet the conditions herein.
(i) Users may access the Platform by registering to create an account and become a member. The membership is limited for the purpose of purchasing products, and is subject to these Terms, and strictly not transferable.
(ii) As part of The Company’s registration process, User will select a username and password and be asked to submit, among other things, User email address, telephone number and other contact details. User may also create an account or login using your social networking pages such as Facebook and Google. By logging in and creating an account through these social networking sites, User allows the Company access to User’s public profile, friend lists, likes and other activities that may determine social behaviour. User will also have to provide additional optional information to the Company for providing User with a more customized experience when using the Platform.
(iii) Users agrees and warrant that all information provided to the Company for purposes of creating a user account (the “User Information”) will be true, accurate, current and complete and to update such information to keep it accurate, current
and complete. User’s failure to provide such information will constitute a breach of these Terms of Service and may result in the immediate termination of User’s account. All information about User including User Information, any information obtained by the Company as a result of User’s use of the Websites, and any information stored or transmitted in any way on or through the use of
(iv) User understands that he/she may not
• select or use a name of another person with the intent to impersonate that person;
• use the rights of any person without authorization; or
• use a name that the Company, in its sole discretion, deems inappropriate.
User agrees that any information that User provides to the Platform, including but not limited to User Information, shall be true and accurate and current, and User is responsible for updating such information to keep it true, accurate and current. If User creates a user account with the Platform, User accepts responsibility for all activities that occur under User’s account or password and User agrees that the User will not sell, transfer or assign his/her account. User is responsible for maintaining the confidentiality of User’s password, if any, and for restricting access to User’s computer so that others may not access any password-protected portion of the Platform using User’s name, user name or password in whole or in part.
1. Each user name permits one person to access the password-protected portion of the Platform and User shall not share the user name and password with any third party. User shall be solely responsible for any and all use of the Platform, including without limitation, any and all charges incurred by a third party, under or using User’s user name and password. If at any time, User suspects that User’s password has been compromised, User shall promptly notify the Company of the same at legal@Gsnip.com and confirm such notice in writing. Upon receiving such telephonic and written notice, the Company will assign a new password to User without charge.
(v) The Users are required to enter a valid phone number while registering on the
Company’s Platforms. By registering their phone numbers with the Company, the
Users consent to be contacted by the Company via phone calls, SMS notifications or instant messages, in case of verifications and in case of subscription/service/promotional updates. The Users may opt of subscription/service/promotional updates.
(vi) Upon registration, the Users may be required to complete a verification process as part of setting up their accounts.
(vii) It is the responsibility of the Users to provide correct mobile number so that the Company can communicate with the Users via SMS. The Users understand and agrees that if the Company sends an SMS but the User do not receive it because the his/her mobile number is incorrect or out of date or blocked by the Users; service provider, or the User is otherwise unable to receive SMS, the Company shall be deemed to have provided the communication to the User effectively.
(viii) Notwithstanding anything to the contrary herein, the User acknowledge and agree that they shall have no ownership or other property interest in their account, and further acknowledge and agree that all rights in and to their account are and shall forever be owned by and inure to the benefit of the Company. However, any and every activity undertaken by a User under his/her account shall be the sole responsibility of such User and the Company shall not be liable for such activity in any manner.
USE OF THE PLATFORM BY THE BUYER:
(i) The Users understands that any order that they place shall be subject to the terms and conditions set out in these Terms.
(ii) The Users agree to provide current, complete and accurate purchase and account information for all purchases made at on the Platform. The Company endeavors to promptly update the Users account and other information, including email addresses and credit card numbers and expiration dates, so that the Company can complete the transactions.
(iv) The User understands that all the discounts and offers offered by the Company can be subject to any other terms in addition to these terms & conditions.
RESTRICTIONS ON USE
Platform is provided for lawful purposes only. By accessing or using the platform, User agrees and warrant that in connection with his/her use of the Platform User will not:
• Manipulate the Platform in any way not intended and directed by the
• Copy or seek to copy or “rip” any content from the Platform.
• Exploit any part of the Platform for commercial gain or undertake any commercial activity utilizing the contents of the Platform in any way not intended and directed by the Company without the prior written consent of the Company.
• Upload, post, e-mail, transmit, display, copy, distribute, promote, or otherwise communicate to the public:
Any material that is false, unlawful, threatening, disparaging, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, racist, sexually explicit, ethnically or culturally offensive, indecent, harassing, or that promotes violence, racial hatred, terrorism, or illegal acts, or anything that in The Company’s sole discretion is otherwise objectionable information, software, content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity, confidential information or any other proprietary right; or
Material of any kind that restricts or inhibits any other user’s uninhibited use and enjoyment of the Platform or interferes with, overburdens, impairs or disrupts the Platform, including material that contains a virus, Trojan horse, time bomb, worm, spyware, adware, malware, bot, any automated system, such as scripts, or any other harmful component; or
Use or attempt to use another person’s information, account, password, service or system except as expressly permitted; or
Impersonate another person or entity; or
Engage in any conduct that in the Company’s sole discretion restricts the ability of any other person to enjoy the use of the Platform; or
Solicit or collect personal data including telephone numbers, addresses, last names, email addresses, or any other kind of information about Users except unless provided by the User to another.
directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force
violates any law for the time being in force;
DISCLAIMERS OF WARRANTY AND LIMITATION OF LIABILITY:
• The Company endeavors to make the Platform available during the Company’s working hours. However, the Company does not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
• The Company does not warrant that the Platform will be compatible with all hardware and software which is used by the Users. The Company shall not be liable for damage to, or viruses or other code that may affect, any equipment, software, data or other property as a result of downloading, installing and or accessing the Platform.
• The Company does not represent or warrant that the information available on the Platform will be correct, accurate or otherwise reliable.
• The Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users.
• The Company shall not be liable for any misuse of the information shared by the Users with it; or through the Users profile; or with a third party on the Platform, chat rooms, forums, or comments.
• The Platform may be under constant upgrades, and some functions and features may not be fully operational.
• The Platform is provided on an “as is” and “as available” basis. The Company expressly disclaims all warranties of any kind, whether express or implied with respect to the records and other data that is made available by it to the Users.
• The Company makes no representation or warranty that: (i) the Platform will be accurate or reliable; (ii) the Platform will be uninterrupted, timely, secure, or error-free;
(iii) any information that may be obtained from the use of the Platform will be accurate, timely or complete; or (iv) any errors in any software used on the site or in connection with the Platform will be corrected.
• The Company reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which in the Company’s reasonable belief is unlawful or could subject the Company to liability or is in violation of these Terms or is otherwise found inappropriate in the Company’s opinion. The Company reserves the right to cooperate with any investigation in this regard.
• The Company reserves the right to suspend or terminate the account of a User as deemed appropriate by it. Users agree that the Company shall have no liability to any Users, including liability in respect of consequential or any other damages, in the event the Company takes any of the actions mentioned in this clause.
• The Company is not responsible and will have no liability for: (i) any content or products provided by any persons or entities other than the Company; or (ii) the failures of the internet or any data or telecommunications equipment, system or network used in connection with the Platform.
• The Company shall not be liable for: any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation any financial losses, loss of data, replacement costs, or any similar damages, whether based in contract, tort, strict liability or otherwise, arising from the use of the Platform, or for any other claim related in any way to the use of the Platform, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Platform or any content posted, transmitted, or otherwise made available via the Platform, even if advised of their possibility.
• The Company or its employees, affiliates, authors or agents shall not be liable to any party for any losses or injury arising out of or relating to the information provided on the Platform. In no event will the Company or its employees, affiliates, authors or agents be liable to the Users or any third party for any decision made or action taken by the Users.
• Interlia, the Company does not guarantee that:
o The Platform will meet the Users’ expectations; or
o The Platform will be accessible without interruption or in a timely, reliable, or fault- free manner; or
o The results obtained through use of the Platform will be correct and reliable; or
o The quality of the products, services, information, or other material purchased or obtained by the User through the Platform will meet the User’s expectations.
• No guidance or information, written or oral, obtained from the Company or via the Platform, shall constitute any warranty, unless stated otherwise.
The Company will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both the User and the Company when the User commenced using the Platform.
Mobile handsets & chargers are warranted for a period defined by the respective manufactures agents defect in material & workmanship. Company is not giving the warranty and does not hold out any warranty on products sold.
The Company will not be responsible for any defective/deficient or otherwise unsatisfactory products any such defective or deficient goods has to be repaired only by authorized service center of the equipment manufacturer.
All the terms and conditions of the Company apply, subject to Gujarat. Goods once sold cannot be returned or exchanged.
EVENTS BEYOND COMPANY’S REASONABLE CONTROL:-
The Company will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect Users statutory rights.
• The Company owns, operates, licenses, controls, and provides access to the Platform. User acknowledges and agree that the Company and its licensors, retain all right, title and interest in and to all past, present and future Content, (excluding User Provided Content, i.e., materials, photographs, portfolios that Users uploads on the Platform), applications, software, content and materials provided on or through the Platform (including, without limitation, the audio-visual works, text, images, photographs, videos, graphics, page headers, editorial and contextual information, the selection and arrangement of elements displayed on or through the Platform the compilation of all content and materials on the Platform and the business process, procedures, methods and techniques used in the Platform) and all associated copyright rights, trademark rights, trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world.
• “Gsnip ” logo is a registered trademarks of Gsnip., and all other proprietary trademarks, service marks, trade names, trade dress, slogans, logos, and other indicia of origin that appear on or in connection with the Platform are the property of the Company unless otherwise noted and are protected by applicable copyright, trademark, intellectual property and other laws. The Company’s intellectual property, including, without limitation, its trademarks and trade dress, may not be used in any manner that is likely to cause confusion among users, or in any manner that disparages the Company and/or its name, image and goodwill.
ACCURACY, COMPLETENESS AND TIMLINESS OF INFORMATION:
• The Company is not responsible for any inaccuracy, incompleteness or outdated information made available on the Platform, either provided by the Users or otherwise. The material on the Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. The Users agree that the Company does not own any responsibility or obligation whatsoever towards either ensuring the accuracy of the information provided by the Users. Any reliance on the material on the Platform is at the Users own risk.
• The Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. The Company reserves the right to modify the contents of the Platform at any time, but has no obligation to update any information on the Platform. The Users agree that it is their responsibility to monitor changes to the Platform.
• Occasionally there may be information on the Platform that contains typographical errors, inaccuracies or omissions that may relate to information pertaining to the products, pricing, promotions, offers, shipping charges, transit times and availability. The Company reserves the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Platform is inaccurate at any time without prior notice.
The Company undertakes no obligation to update, amend or clarify information in the Platform, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the Platform, should be taken to indicate that all information on the Platform or pertaining to the Services have been modified or updated.
THIRD PARTY LINKS:
• Certain content or products available via the Platform may include materials from third- parties.
• Where the Platform contains hyperlinks to websites operated by third parties these linked websites are not under the control of the Company and the Company is not responsible for the contents of any linked website. The Company provides these hyperlinks to User for convenience only and the inclusion of any link does not imply any endorsement of the linked website by the Company. Using the link to any such website is entirely at User’s own risk.
• The Company does not:
o (a) Make any warranty, express or implied, with respect to the use of the links provided on, or to, the Platform;
o (b) Guarantee the accuracy, completeness, usefulness or adequacy of any other website, services, goods or advertisements that may be linked to the Platform; or
o (c) Make any endorsement, express or implied, of any other websites, services, goods or advertisements that may be linked to the Platform.
The Platform may also contain third party advertisements which contain embedded hyperlinks to websites operated by third parties. All third party advertising is paid for by the relevant third party advertiser, which User can accept by linking to the third party advertisers and are not recommendations or endorsements by the Company. The third party advertiser is solely responsible for any representations or offers made by it and for the delivery of goods or services User agrees to purchase from the third party website.
• The Company is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media and equipment User use to access the Platform.
• Please review carefully the third-party’s policies and practices and make sure to understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
• The Company may provide User with access to third-party tools over which Company neither monitors nor has any control nor input.
• The Users acknowledge and agree that access to such tools is in an “as is” and “as available” basis, without any warranties, representations or conditions of any kind and without any endorsement. The Company shall have no liability whatsoever arising from or relating to User’s use of optional third-party tools.
• Any use by the User of the optional tools offered through the Platform is entirely at their own risk and discretion and it is the responsibility of the Users that they ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
• The Company may also, in the future, offer new features through the Platform (including, the release of new tools and resources). Such new features shall also be subject to these Terms of Service.
• The Users understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by the Company or other parties that facilitate the same. The User agree that they will not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded in the Platform.
• The Company shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting the Company and/or the Platform. Examples of force majeure events include without limitation real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond the Company’s control. Hindrance, delay or complication in the maintenance of the Platform entitles the Company to suspend or limit the Platform until further notice.
EQUIPMENT AND INTERNET ACCESS:
User understand and agree that User is responsible for providing all telephone, modem, Internet connection, intranet connection, extranet connection and other equipment necessary for you to access the platform. Users are solely responsible for and shall bear the costs of any such equipment and any fees or charges incurred to access the Platform through an Internet access provider or other third-party service, including any applicable taxes
It is understood and agreed by and between the parties that if there is any conflict between the Agreement and any other document not signed by the Company, these Terms and conditions will govern
MODIFICATION OR TERMINATION OF THE PLATFORM:
• The Company reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently the Platform or any part thereof, with or without notice and in its sole discretion. The User agree that the Company shall not be liable to him/her or to any third party for any modification, suspension or discontinuance of its Services. User hereby acknowledge that the Company, in its sole and absolute discretion, has the right to delete, terminate or deactivate his/her account, block his/her email or IP address or otherwise terminate the User’s access to or participation in the use of the Platform, or remove or guard any content on the website, immediately and without notice for any reason, including without limitation, account inactivity, or if the Company has the reason to believe that the User have violated any provision of the Agreement. Upon termination of User’s Account, his/her right to participate in the Platform, including but not limited to, to offer or avail of Services shall automatically terminate. In the event of termination, User’s account will be disabled and he/she may not be granted access to his or her Account or any files or other data contained therein. Notwithstanding the above, residual data may remain in and with the Company system. Upon Termination of User’s account, all licenses granted to the User hereunder, will immediately terminate and the User shall promptly destroy all copies of the Company’s data, marks and other content in his/her possession or control
• The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
User or any third party in any circumstance shall be limited to and in no event exceed an amount equal to the amount User paid to the Company for paid services in the 12 months immediately preceding the event giving rise to such claim. User specifically acknowledge that the Company shall not be liable for User’s submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the User.
User agrees to indemnify, defend and hold harmless Gsnip and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of User’s breach of these Terms of Service or the documents they incorporate by reference, or User’s violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
• The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
• These Terms of Service are effective unless and until terminated by either User or the Company. User may terminate these Terms of Service at any time by notifying us that User no longer wishes to use the Company’s Services, or when User cease using the Platform.
• If in the Company’s sole judgment User fails, or the Company suspects that the User have failed, to comply with any term or provision of these Terms of Service, The Company also may terminate this agreement at any time without notice and the User will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the User access to the Services (or any part thereof).
• The failure of the Company to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision.
• These Terms & Conditions and any policies or operating rules posted by the Company on the Platform or in respect to The Service constitutes the entire agreement and understanding between the User and the Company and governs User’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the User and the Company (including, but not limited to, any prior versions of the Terms of Service).
• Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
• User’s rights and obligations, and all matters contemplated by these Terms & Conditions shall be governed by the laws of India and the courts at Gujarat shall have exclusive jurisdiction with respect to any claims or matters arising out of or in relation to the terms and conditions herein.
Policies related to returns/ exchanges, penalties, refunds, cancellation will be updated in the Platform from time to time. The Company holds the right to change these policies as required in the Platform without any permission from the Users.
• All notices or demands to or upon the Company shall be in writing and shall be deemed to be duly made when sent to the Company’s registered address.
• All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible.
• Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.
• Headings for any section of these Terms are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
• The Company shall have the right to assign its obligations and duties in these Terms to any person or entity.
• All calls to the Company are completely confidential. However, the Users’ calls may be recorded to ensure quality of service. Further, for training purpose and to ensure excellent customer service, calls from the Company may be monitored and recorded.