The domain name www.rashki.in (hereinafter referred to as "Website") is owned by Mygiraffe Lifestyle Private Limited, a company incorporated under the provisions of Companies Act, 2013, with its registered office at H No. 14/347, Sector 14, Vasundhara, Ghaziabad – 201012, Uttar Pradesh (hereinafter referred to as "Mygiraffe")
Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Service") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Mygiraffe and these terms and conditions including the policies constitute Your binding obligations, with Mygiraffe.
For the purpose of these Terms of Service, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a Buyer and/or Seller on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Mygiraffe allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Mygiraffe Lifestyle Private Limited.
- MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not transact or use the Website. As a minor if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents who have registered as users of the Website. The Website reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
- YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
When you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should tell us immediately if you have any reason to believe that your password could have become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
Please ensure that the details you provide us with are correct and complete and let us know immediately of any changes to the information that you provided at the time of registering, by making changes by logging into your Account.
If you use the Website as a Guest User, you are responsible for maintaining the confidentiality of Your email ID and phone number and restricting access to Your computer, computer system and computer network. You are responsible for all activities that occur under your email ID and phone number (if Guest User) as the case may be. Also, as a Guest User, you shall ensure the physical security and possession of Your device, the details of which are used to transact services with the Website.
We reserve the right to refuse access to the website, terminate accounts, remove or edit content, based on other Users Feedback, Court Order, Governmental directive or due to a breach of these terms.
- 3. PRIVACY
- ELECTRONIC COMMUNICATIONS
When you use the Website or send emails or other data, information or communication to us, you acknowledge and agree that you are communicating with us through electronic records. We will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications electronically with respect to your use of the Website and/or order placed on the Website and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.
- ACCESS TO THE WEBSITE
We will do our utmost to ensure that availability of the Website will be uninterrupted and that the transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to the Website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time, without prior notice. We will try to keep this to a minimum.
Please note that fees maybe applicable towards shipping of the products purchased by You.
Non-payment: Mygiraffe reserves the right to issue a warning, temporarily /indefinitely suspend or terminate Your membership of the Website and refuse to provide You with access to all current and future use of the Website in case of non-payment of fees by You to Mygiraffe. Mygiraffe also reserves the right to take legal action in case of non- payment of fees.
- USE OF WEBSITE
You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which you do not have any right;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(i) threatens the unity, integrity, defence, 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.
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
(l) tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(n) interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
(p) shall not be false, inaccurate or misleading;
(q) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic Laws, Rules and Regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Service Tax, Income Tax, Local Levies) regarding Your use of our service and Your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including Exchange Control Laws or Regulations for the time being in force.
- You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Website.
- You shall not attempt to or circumvent or manipulate our Fee structure, the billing process or Fees owed to Mygiraffe.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to us.
- You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of People, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- CONTENTS POSTED ON SITE
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on our products and services purposely made available by us for downloading from the Website, provided that You (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
- BREACH / NON-COMPLIANCE
Without limiting other remedies, Mygiraffe may limit Your activity, immediately remove Your information or end Your listing (as applicable), warn other Users of Your actions, temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with the access to the Website in the event, but not limited to:
- If Mygiraffe is unable to verify or authenticate any information provided by You; or
- 1 OTHER BUSINESSES
We do not take responsibility or liability for the actions, products, content and services on the website, which are linked to third party websites using our APIs or otherwise. In addition, we may provide links to the third party websites of affiliated companies and certain other businesses for which, we assume no responsibility for examining or evaluating the products and services offered by them, and we do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). We do not in any way endorse any third party website(s) or content thereof
- 1 LINKS
We welcome links to the Website. You may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of your site by us. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Website, including any logos or characters, without our express written consent and the owner of the mark or materials’ written consent. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Website without our prior written consent.
- MANDATORY DECLARATION - COMPUTERS
- You hereby declare that you have provided all necessary legal details for the shipment of the product to the destination specified by you in the order.
- You further declare that the product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
- 13. BUYING
All purchases on the Website are a firm commitment to purchase. If You are the purchaser for any item, You are obligated to complete the transaction.
Mygiraffe strongly advises You not to test the Website with false purchases, as it will put You at substantial personal legal risk. It is an offence to use a false name, other false personal information or a known invalid/ unauthorized credit/ debit/ cash card and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator. Willfully entering erroneous or fictitious bids may result in prosecution by Mygiraffe.
Please note that in the event any inaccurate information is provided by You regarding Your identity, Your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify You.
- DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this Website are provided on an "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that:
- This website will be constantly available, or available at all; or
- The information on this website is complete, true, accurate or non-misleading.
We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website.
We do not warrant that this Website; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; their servers; or electronic communication sent from the Website are free of viruses or other harmful components.
Nothing on the Website constitutes, or is meant to constitute, advice of any kind.
All the products sold on the Website are governed by different state laws and if We are unable to deliver such products due to implications of different state laws, we will return or will give credit for the amount received by us from the sale of such product, that could not be delivered to You.
You will be required to enter a valid phone number while registering with us on the Website and while placing an order on the Website. By registering your phone number with us, you consent to be contacted by us via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
1. lack of authorization for any transaction/s, or
- exceeding the preset limit mutually agreed by you and between your "Bank/s", or
- any payment issues arising out of the transaction, or
- decline of transaction for any other reason/s.
All payments made against the purchases/services on the Website by you shall be compulsorily in Indian Rupees acceptable by the Union of India. The Website does not accept any other form of currency with respect to the purchases.
Mygiraffe uses third party payment providers to receive payments from the Buyers. Mygiraffe is not responsible for delays or erroneous transaction execution or cancellation of orders due to payment issues. The Website takes utmost care to work with 3rd party payment providers, but does not control their systems, processes, technology and work flows, hence cannot be held responsible for any fault at the end of payment providers.
- 1 INDEMNITY
Mygiraffe may notify You of any claims which You shall be liable to indemnify them against. You will then be required to consult with Mygiraffe regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Mygiraffe without our express prior written consent which can be withheld or denied or conditioned by us in its sole discretion.
- APPLICABLE LAW
- DISPUTE RESOLUTION
18.2 Any Dispute that cannot be resolved in accordance with Clause 18.1 shall be submitted to final and binding arbitration at the request of any of the Parties upon written notice to the other Parties, and the following shall apply to such arbitration:
- The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force and the rules made thereunder. All proceedings of such arbitration shall be in the English language and the venue of arbitration shall be New Delhi.
- The arbitral panel shall consist of 1 (one) arbitrator to be mutually appointed by the representatives of the Site and the User, and the costs of such arbitrators shall be borne jointly by the Parties.
- Nothing shall prevent or restrict a Party from seeking interim relief, from any court having jurisdiction to grant the same provided that the pursuit of such interim relief through a court having jurisdiction, shall not be a waiver of the obligation of the Parties to pursue the resolution of all Disputes that cannot be resolved in accordance with Clause 18.2 through the arbitration process described in this Clause 18.
- JURISDICTIONAL ISSUES/SALE IN INDIA ONLY
Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. We or the Website makes no representation that materials in the Website are appropriate or available for use in other locations/countries other than India. Those who choose to access this Website from other locations/countries other than India do so on their own initiative and we are not responsible for supply of goods/refund for the goods ordered from other locations/countries other than India, compliance with local laws, if and to the extent local laws are applicable.
- TRADEMARK, COPYRIGHT AND RESTRICTION
This Website is controlled and operated by Mygiraffe. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the Web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.
- TRADEMARK AND COPYRIGHT COMPLAINT
We respect the intellectual property of others. In case you feel that your trademark is being infringed or your work has been copied in a way that constitutes copyright infringement you can write to us at firstname.lastname@example.org
- LIMITATION OF LIABILITY
- GRIEVANCE OFFICER
In case of any grievance, a User shall contact the Grievance Officer, whose details are provided below:
Name: Rustam Chaudhary
24.2. Notices: Except as explicitly stated otherwise, any notices to the User shall be sent by electronic mail on the registered email id, as provided during the registration. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Where the notice is to be sent to Mygiraffe, it should be sent at the following:
Mygiraffe Lifestyle Private Limited
H No. 14/347, Sector 14, Vasundhara,
Ghaziabad – 201012, Uttar Pradesh
24.5. Entire Agreement: This Agreement sets forth the entire understanding and agreement between You and Mygiraffe with respect to the subject matter hereof.