[MYNYFY India Private Limited.] (“MYNYFY”, “we”, “us” or “our”) is a pioneering, technology-powered integrated aggregator service provider with a unique model to connect the users with the retail brands and local sellers by using the its features, through its Web and Mobile Application and/or the Application (“MYNYFY Platform”). The provision of the service is as follows:
(a) Individual Order:
A Buyer would create an Order with details of the product and location.
- Product Specs
- Order Time (This is the time given by buyer to all the sellers to provide their quote)
This Order would be visible to all the registered sellers of that product category and location. The Seller will quote their price to the Order and wait for the acceptance of the buyer. The Seller’s quotes and proposal shall include (a) The Quote Price, seller is given multiple chances during the Order time to re-quote, (b) Any Offers (Cash Discounts, Cash Back, EMI etc.), (c) alternative suggestions, for e.g. if buyer requested for Samsung brand, Seller may suggest LG etc), (d) Set Price validity time. (This is time given to buyer to close the physical deal, convert the lead into sale).
Thereafter, the Buyer will wait until wait time and accept least quoted seller. Seller will get intimation of the acceptance from the buyer. Buyer will visit seller to do the purchase and close the Order.
(b) Group Order:
A buyer will create a group category Order with details of the product to buy. He/she would wait until min of members join to that group. Once the enough members are joined it will be posted as a group Order. Then all the sellers would quote their group price and they can mention min group size for this price in the comments section while quoting. Group will accept the quote and make the deal with seller. This group formation is just a logical one and purchase may be done as individuals.
The services described in (a) to (b) shall hereinafter be collectively referred to as the “Services”. You may use our Application www.mynyfy.com (“Web Application”) or our application MYNYFY (“Application) to avail our Services.
The Services offered through MYNYFY Platform are subject to the following terms and conditions:
INTRODUCTION AND ACCEPTANCE
- The Services provided by MYNYFY includes aggregator services connecting the buyer with the seller at the doorstep of the users and convenience of availing such Services through multiple platforms including the internet and mobile.
- The Terms applies to every user who uses or accesses the Services of MYNYFY. It also applies to any legal entity which may be represented by you under actual or apparent authority.
- All the Services provided through MYNYFY Platform are provided by Third Party Sellers (hereinafter referred to as “Sellers”).
- The Policies are subject to modifications, at the sole and absolute discretion of MYNYFY and the MYNYFY may from time to time formulate new policies for availing all or any of the Services. The most current version of the Terms will supersede all previous versions. You understand that your use of the Services after any changes to the Policies or addition of new policies constitutes your acceptance to be bound by the most recent version of the Policies. If the Policies (including changes and additions thereto) are not acceptable to you, you have the absolute right to terminate your Account by writing to us at firstname.lastname@example.org
- You agree that by clicking “Join Now” “Join MYNYFY”, “Sign Up” or similar, registering, accessing or using our Services, you are entering into a legally binding agreement (even if you are using our Services on behalf of a MYNYFY). Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
GENERAL REGISTRATION REQUIREMENTS
- We believe in providing simple and easy access to our Services. There may be few generic services that you may use without registering and creating an account on the Web Application / Application for availing the Services provided by MYNYFY. However, there are other features and Services which will require you as a user to register and create an Account on the Web Application / Application (“Account”) by providing certain required information.
- To use the Services, you agree that: (1) you must be a “Major” (defined below); (2) you will only have one MYNYFY account which must be in your real name; and (3) you are not already restricted by MYNYFY from using the Services. “Major” means the age of majority according to Indian Majority Act, 1875.
- When creating your Account, it is mandatory that you provide us with complete, authentic and accurate information. It is your duty to keep your Account and password secure and confidential and you shall be solely responsible for any activity that occurs through your Account. Upon the creation of the Account, it is deemed that you have accepted all the Terms of MYNYFY by free consent.
- You, hereby, expressly consent to receive communications and newsletters from the MYNYFY by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the MYNYFY at any time by following the procedure set forth in the Web Application / Application.
Any feedback you provide to this Web Application shall be considered to be non-confidential. MYNYFY shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that:
- Your feedback does not contain confidential or proprietary information of you or of any other third party
- MYNYFY is not under any obligation of confidentiality, express or implied, with respect to the feedback; and
- You shall be sole responsible for any feedback and other information, comments or opinion that you post in MYNYFY platform, including but not limited to Web Application, chat room or any other areas of MYNYFY Platform and MYNYFY shall not be liable in any manner for the same. You acknowledge that MYNYFY reserve the right but not obligated to monitor your posts and if you provide any false information or MYNYFY has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, MYNYFY shall have full rights to suspend or terminate User's Account and deny any and all current or future use of the Services.
- You may not subscribe for, use or access the Application if You are (or are engaged by) a competitor of MYNYFY, except with MYNYFY’s prior written consent, which may be withheld by MYNYFY in its sole discretion and without explanation. In addition, You may not subscribe for, use or access the App for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- You can always choose to unregister or delete your Account by writing to us at email@example.com
SUBSCRIBER ACCOUNT, PASSWORD AND SECURITY
- You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You concur to:
- immediately notify MYNYFY of any unauthorized use of Your Account or any other breach of security; and
- ensure that you properly sign off from the Account after each visit and/or use of Services. MYNYFY cannot and will not be responsible for any loss or damage resulting from your failure to comply with these conditions.
- You shall be held responsible for any losses incurred by MYNYFY or any third party user due to unauthorized use of your Account which is a consequence of the user's inability to secure his / her Account.
- Certain services offered through the MYNYFY Platform shall require specific consent from you. You will not be provided such Services unless you have provided your specific consent. The Services provided by MYNYFY or Seller are subject to these general Terms and the terms of services offered through MYNYFY Platform.
MYNYFY AND THIRD PARTIES
- You acknowledge and agree that MYNYFY is only an intermediary between you and the Seller and that MYNYFY is not an expert in dealing with any products listed under the MYNYFY Platform and do not provide direct services and hence cannot be a party to or control in any manner any transaction between the Users of MYNYFY Platform and the Sellers.
- A retailer or salesman who is authorised & running a business to sell specific products (“Sellers”) must be legally able to sell the item(s) such Seller offers for sale on the Application/Web Application. Sellers must ensure that the offered items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe the item for sale. However, the MYNYFY shall not be liable, in any whatsoever manner, for the same All offered items must be kept in stock for successful fulfilment of orders received. The description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, the Seller agrees to refund any amounts that such Seller may have received from the buyer, subject to refund policy.
- The Sellers represent and confirm that such Seller shall be the sole and exclusive legal owner of all items, goods or products of any description that they wish to offer for sale on the Web Application & app. Sellers shall have absolute right, title and authority to deal in and offer for sale such items, goods or products. Sellers shall not, either alone or in conjunction with other Sellers, manipulate or attempt to manipulate the prices of any item or services being sold or purchased on the Web Application & Application.
- From time to time, Sellers shall be responsible for providing information relating to the items or services offered by them. In this connection, Sellers undertake that all such information shall be accurate in all respects. Sellers shall not exaggerate or over emphasize the item-specifics of such items or services so as to mislead other Users in any manner. Sellers shall not offer any habit forming or narcotic medications, also known as scheduled drugs or controlled substances in some countries.
- Your use of the Web Application for the Services is at your own discretion, risk and cost. The MYNYFY does not verify the credentials of such Sellers or Buyers ( where Buyers mean and include a customer who is interested to buy a specific product), whose details are provided on the Web Application, and takes no responsibility for the Products traded through the MYNYFY Platform. The MYNYFY is not affiliated to, does not recommend or endorse any User/Buyer/Seller on the Web Application, do not amount to any recommendation or endorsement of such Buyer/Seller. The use of the Web Application to fix an Order and facilitate purchase of Products is merely to facilitate your shopping experience. You understand and agree that any interactions and associated issues with the Users on the Application/Web Application including but not limited to the service issues, is strictly between you and the Users. You shall not hold MYNYFY responsible for any such interactions and associated issues. If you decide to engage with a Seller to provide Products, you do so at your own risk. MYNYFY shall not be responsible for any breach of service or service deficiency by Seller. We cannot guarantee or give warranty of the Products sold by the Sellers. The MYNYFY shall not be liable for any service or Products provided by any Seller irrespective of whether the orders have been placed through the Web Application. We advise you to perform your own investigation prior to selecting a Seller or purchasing the Products.
- All commercial / contractual terms are offered by and agreed to between users and Third-Party Service Provider alone. The commercial / contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. MYNYFY does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between users and Third-Party Service Provider.
- MYNYFY does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Sellers. You are advised to independently use your best judgment in that behalf.
- MYNYFY is not responsible for any non-performance or breach of any contract entered into between Users and Seller. MYNYFY cannot and does not guarantee that the concerned Seller will perform any transaction concluded on the Application/Web Application. MYNYFY shall not and is not required to mediate or resolve any dispute or disagreement between Users and Sellers. MYNYFY does not make any representation or warranty as to the Services (such as quality, worth, marketability, etc.) proposed to be sold or offered to be sold or purchased on the Application/Web Application. In particular, MYNYFY does not implicitly or explicitly support or endorse the sale or purchase of any items or services on the Application/Web Application. MYNYFY accepts no liability for any errors or omissions, whether on behalf of itself or Sellers.
- MYNYFY does not at any point of time during any transaction between User and Seller on Application/Web Application come into or takes possession of any of the goods or Services offered by Seller nor does it at any point gain title to or have any rights or claims over the goods or Services offered by Seller to User. MYNYFY is not responsible for unsatisfactory or delayed performance of Services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Third-Party Service Provider.
- MYNYFY cannot in any manner be held responsible for the behavior, negligence, conduct, actions or inactions on the part of the Third-Party Service Provider that you may use through the Services. If you have any complaint in relation to the transport and medical service provided then that dispute must be taken up with the Seller directly.
- MYNYFY will provide you with Service through subcontracts with the Sellers and who may be verified by MYNYFY. In the process of delivering the Service MYNYFY shall remain indemnified from any actions of the Sellers.
- The Service may entail links to third party Web Applications / applications that are neither controlled nor owned by MYNYFY. MYNYFY has no control over the content on such Web Applications and therefore devolves itself of all the responsibilities for the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and miscellaneous materials you may come across / access through, or contribute to the service and the privacy policies, terms of service or practices of any third party Web Applications / applications. Further, MYNYFY is not authorized to edit any third party’s content. By using the Service, you expressly devolve MYNYFY of all its liability arising from your usage of any third-party Web Application / application.
LISENCE TO THE APPLICATION/WEB APPLICATION
- 29. Subject to You complying with each term of this Term, MYNYFY hereby grants to You a limited, revocable, personal, non-sub-licensable, non-transferable, non-exclusive right to access and use the App/Web Application to access the Service in accordance with this Term solely for personal reasons and not for resale or to provide services to third parties. You agree to use the App/Web Application only for its intended purpose, in an authorized manner, and in compliance with all privacy, data protection, intellectual property, and other applicable law.
Other than in the case of MYNYFY authorizes You, Your access to the MYNYFY Platform cannot be shared with anyone. You will maintain a Super user account represented by Your Mobile Number on MYNYFY. You will not share Your password with any other person or permit another person to interact with the Application/Web Application using Your account information or password. You acknowledge that the MYNYFY shall not be liable in any whatsoever manner for any negligence or breach of the afore mentioned by you or your representatives/relatives.
AVAILABILITY OF SERVICES PROVIDED
- The Services are available only to persons located in India. All or any of the Services offered through MYNYFY may be temporarily unavailable or may not be offered to you, for various reasons which could include but not limited to your medical conditions, age, geographic limitations, or prohibition / restrictions under applicable laws or Policies or due to any technical faults or interruptions. Further, you should be aware that the Seller has the right to reject provision of the Services to you at any point of time as laid down in these Terms.
MODEL OF FRANCHISE:
- The MYNYFY also facilitates different franchise models to third parties and the term of such franchise models shall be governed by franchise agreement which shall be extended separately. That the terms of such franchise agreement shall be read with this term of use. The user hereby acknowledges that even in franchise model, the MYNYFY shall not be liable in any whatsoever manner for any acts/omission of the franchisee.
FEES OF SERVICES PROVIDED
- MYNYFY or its Seller, as the case may be, has the right to charge fees for the Services and the fees charged may differ from time to time. Please ascertain the fee prior to availing any Services. By availing the Services, you will have consented to pay the applicable fees for the Services availed by you.
- In case, MYNYFY, at any time under any circumstances feels, even after confirming fees that the fees shall be revised, MYNYFY reserves the right to revise the fees accordingly.
PAYMENT OF FEES OF SERVICES PROVIDED
- Online payment of fees can be made by credit, debit card and net banking facility. These payments are not collected by MYNYFY directly but by the Bank. The online payment system is provided by MYNYFY and its third party supplier/s. All prices quoted are in INR. MYNYFY reserves the right to change the fees at anytime. Your payment will be through merchant gateway facility of Razor pay Software Private Limited. We cannot accept liability for a payment not reaching MYNYFY account due to you quoting an incorrect account number or incorrect personal details. Neither can we accept liability if payment is refused or declined by the credit/debit card supplier for any reason. You further acknowledge that the MYNYFY reserves the right, at its sole discretion, may reward certain points to you which shall be used by you within a month from the date on which the point rewards are credited in favour of you, however, the MYNYFY shall not be liable, in any manner, if you fail to use the points within the prescribed timelines.
- If the card supplier declines payment, MYNYFY has the right but no obligation to bring the fact to your attention. You should check with your bank / credit / debit card supplier that payment has been deducted from your account. All payment details which are entered through this payment gateway are encrypted when the user making the payment, enters them. Communications to and from the service provider’s application are encrypted.
- MYNYFY shall not be liable for any failure by the user making payment of fees to properly protect data from being seen on their screen by other persons or otherwise, obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.
- MYNYFY does not store or keep credit card / debit card data in a location that is accessible via the Internet. Once a credit card / debit card transaction has been completed, all credit card/debit card data is moved off-line only to ensure that the credit card / debit card information received is not accessible to anyone after completion of the on-line transaction and to ensure the maximum security. MYNYFY uses the maximum care as is possible to ensure that all or any data / information in respect of electronic transfer of money does not fall in the wrong hands.
- MYNYFY shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the user's account and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
CANCELLATION AND REFUND POLICY
- The MYNYFY shall not be responsible for any cancellation of Services/Products being availed through the Website, directly or indirectly.
CONSENT OF USERS
- Certain Services may require physical examination or contact with you. By availing Services, it is deemed that you have provided your consent to the agent, employee, consultants or staff of MYNYFY and / or Seller to visit your premises and undertake actions necessary to perform the Service.
- This consent provided by you shall be valid for all the Services availed from MYNYFY at present or in the future. You have the right to withhold or withdraw your consent for any of the Services at any point of time and inform us of such withdrawal through e-mail or by contacting the customer care. Irrespective of such withdrawal of your consent, all dues outstanding for the Services availed shall be settled by you.
- MYNYFY provides you a forum that connects you with other users, where you may chat, post you comments, videos, graphics, etc. The information or comments posted by users in the Platform are all general in nature or of their personal experience which may not be applicable to you. Hence, we recommend you verify the information and contents posted by the users with qualified medical experts/practitioners. However, you, hereby, represent and warrant that you have all necessary rights in and to all information you submit to MYNYFY and enter into agreement and all of the information provided by you to MYNYFY to participate in the Services is correct and updated. In addition you agree that any information you post in public areas of the Web Application / Application shall not:
- be fraudulent;
- infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- be an unauthorized commercial communications (such as spam);
- be hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence;
- violate any law, statute, ordinance or regulation;
- be defamatory, libelous, abusive, threatening or harassing;
- be obscene, vulgar, profane, indecent or contain pornography, child pornography, or photographs of unclothed person(s);
- transmit content that encourages or provides instructional activities about illegal activities, in particular hacking or phishing;
- solicit other users to join, become members of, or contribute money to any online service or other organization, advocate or attempt to get users to join in legal or illegal schemes or plan or participate in scams involving other users;
- attempt to resell, redistribute, broadcast or transfer the information or use the information derived from the Application in a searchable, machine-readable database;
- anyone’s identification documents or sensitive financial information on the Platform;
- contain any viruses, Trojan horses, worms, malicious code or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
- link directly or indirectly to any materials to which you do not have a right to link to or include.
- You further agree that:
- You will not collect users' content or information, or otherwise access MYNYFY Platform, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission;
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on our Platform;
- You will not bully, intimidate, or harass any user;
- You will not do anything that could disable, overburden, or impair the proper working or appearance of MYNYFY, such as a denial of service attack or interference with page rendering or other MYNYFY functionality;
- You will not facilitate or encourage any violations of this Statement or our policies;
- MYNYFY reserves the right (but not obligated) to monitor all user postings and to remove any postings, including those which MYNYFY considers in our absolute discretion to be offensive or otherwise in breach of these terms and conditions or any applicable law or regulation.
- The Services shall be provided by the available Seller. - A seller can be an individual working as a salesman with a retailer or distributor or organization or shop with an authorization of doing trade of that products.
- Seller must provide all legal govt. authorized documents like GST or Trade License etc to register themselves as seller with this product.
- It is acknowledged that - One seller’s quote price of an Order is not visible to another seller.
- Seller will authenticate buyer using Order code and Order Id to validate the transaction at the time of purchase.
- The Seller must ensure that all the products that it offers to sale are not prohibited by applicable laws.
- The Seller must ensure that all the products it offers to sell are of best quality and meet the industry standards.
- Being a seller, you cannot register yourself as a Buyer in the Website/Application.
- MYNYFY does not exercise any ownership, control or supervision over the Seller or their services. MYNYFY shall not be liable in any whatsoever manner and makes no representation or provides no warranty and guarantee (express or implied) for the Services offered through the Seller, even if the Services have been availed or sought to be availed through MYNYFY Platform. Any claims, actions or inactions relating to the Services availed from Seller should be settled inter-se between you and the Seller. No consultations booked using Application is regulated or evaluated by MYNYFY administration. MYNYFY only acts as an aggregator and does due diligence check on the qualification of the Seller to the best of its ability before on boarding. The consultations have nothing to do with the technology, administrators, call centre staff, or management staff and hence MYNYFY and its principals will accept no liabilities or responsibilities for the consultations made by Seller.
- Under no circumstances will MYNYFY be liable to you or your representative for any direct, indirect, incidental, special, punitive or consequential damages of any character that arise from your use of any of the Services provided by MYNYFY or Sellers or any agent, employee or partner of MYNYFY or Seller. The liability of MYNYFY, in any event, shall not exceed the total fees paid by you for availing the Services. By engaging our Services, you acknowledge and agree to solely assume the risk of these limitations.
- To the fullest extent permitted by applicable law, in no event shall MYNYFY be liable to you for any damages resulting from any:
- errors, mistakes, or inaccuracies of content,
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services including Web Application / Application
- any unauthorized access to or use of our servers and/or any and all personal information stored therein,
- any interruption or cessation of transmission to or from our servers,
- any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party,
- any loss of your data or content from the Services
- incurred as a result of your use of any content posted, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Logisure are advised of the possibility of such damages,
- your failure to keep your password or account details secure and confidential,
- loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Services. In no event shall MYNYFY be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
- A buyer shall not create multiple Orders with same category.
- We reserve the absolute and sole right to warn the Buyer, or terminate his engagement, for dummy Orders creation and accordingly sentiment score for that will be generated to give assurance to seller about the Genuity of the buyer.
- Buyer will be able to see all the sellers quote for that Order with their names, prices, offers & alternatives.
- After the Order is closed, it may be removed from the buyer’s screen to maintain competitive spirt of the sellers. This rule will be part of the terms & conditions upon the sole discretion of the MYNYFY.
VIOLATION OF THIRD-PARTY RIGHTS
- You acknowledge that MYNYFY makes no express or implied warranty regarding the Services provided by MYNYFY / Seller. MYNYFY does not authorize anyone to make a warranty of any kind on its behalf.
- Any content on the Web Application / Application regarding the Services is general in nature, particularly any such content relating to medical conditions, wellness and their treatment, and shall not operate nor be construed to be, and is no substitute for the advice provided by a qualified and practicing expert / professional. There is no guarantee of completeness, accuracy, timeliness of such Content. You hereby acknowledge that any reliance upon any Content shall be at your sole risk. MYNYFY does not guarantee that the Application is well-suited to your mobile device or that the contents of the Application and the Web Application are accurate, correct and free of viruses.
- All programs, services, processes, designs, software, technologies, trademark, trade names, inventions and materials comprising MYNYFY, and all services offered by experts or others on MYNYFY Platform are wholly owned by MYNYFY. The copyright to MYNYFY as well as the intellectual property contained thereon vests wholly and completely in MYNYFY. Upon acceptance of these Terms, MYNYFY authorises you to view or download a single copy of the material on this Web Application solely for your personal, non-commercial use.
- MYNYFY cannot and does not guarantee or warrant that files available for downloading through the Web Application / Application will be free of infection by software viruses or other harmful computer code, files or programs.
- The contents of the MYNYFY Web Application / Application , such as text, graphics, images and other material including software licensed by MYNYFY to permit users to access the MYNYFY Web Application / Copyright (“Content”) are protected by copyright under Indian laws, and title to the Content shall not pass to you or any other user. Unauthorized use of the Content may violate copyright, trademark, and other laws. None of the Content may be reverse-engineered, disassembled, decompiled, reproduced, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed.
DISCLAIMER AND LIMITATION OF LIABILITY
- All information, products and Services included on or otherwise made available to you through the App/Web Application are provided by MYNYFY on an "as is" and "as available" basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of the App/Web Application is at your sole risk.
- MYNYFY assumes no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this site.
- MYNYFY has exerted reasonable efforts to ensure that all information published on the App/Web Application is accurate at the time of posting; however, there may be errors in such information for which we shall have no liability. We reserve the right to remove or alter any of the information contained on the App / Web Application at our sole discretion
- MYNYFY cannot guarantee the adequacy, currency or completeness of the App/Web Application content. MYNYFY does not warrant or endorse the effectiveness, quality or safety of the products and Service available on its App / Web Application.
- We disclaim responsibility for any harm to persons resulting from any instructions, products or Services referred to in the App/Web Application. MYNYFY is not associated with any Buyer/Seller on the App/Web. We do not warrant that the App/Web Application or its content will meet your requirements.
- MYNYFY accepts no responsibility for any loss or damage suffered due to your reliance on the Service reviews posted by MYNYFY Users.
- MYNYFY reserves the right to modify or withdraw any part of the Application/Web Application or any of its content at any time without notice.
- You, hereby, agree to indemnify and hold harmless MYNYFY from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever nature and howsoever arising (including but not limited to any legal or other professional fees and the costs of defending or prosecuting any claim and any loss of profit, goodwill, and any other direct or consequential loss) incurred or suffered by MYNYFY directly or indirectly by reason including but not limited to the following:
- your use/misuse of or access to the Application/Web Application;
- your violation of these Terms;
- any activity related to your internet account (including negligent or wrongful conduct) by you or any other person accessing the Web Application / Application using your internet account;
- from any transaction you conduct as a result of the contact facilitated by the Web Application / Application;
- from your contents posted on the Web Application / Application; or
- from your infringement of any intellectual property rights in any posting to or transmission via the Web Application / Application.
CONFIDENTIALITY OF INFORMATION
- You shall not, either during the period of use of the Application or thereafter, except, in the proper course of your duties, divulge to any person whomsoever and shall use your best endeavors to prevent the unauthorized use, dissemination, publication or disclosure of any confidential information. You shall not either during the period of use of Application or thereafter use the confidential information for your own benefit, or for the benefit of a third party, and will not permit such use, except with the prior, express written consent of MYNYFY.
- MYNYFY shall not be liable for any failure to perform any obligations under these Terms, if the performance is barred or deferred by any event arising due to any cause beyond the reasonable control of MYNYFY and in such case our obligations under these Terms shall be suspended for so long as such event continues.
- Any violation of this Term or any indecent action towards Seller will not be tolerated and shall attract prompt and punitive disciplinary action as per applicable laws enforced in India and including but not limited to termination of usage rights as well as legal action. In the event of termination, users will not receive any credit or payment or refund from MYNYFY. Without limiting MYNYFY of other remedies, you must pay MYNYFY for all fees owed to us and reimburse MYNYFY for all losses and costs (including any and all MYNYFY associate, officers or representatives time) and reasonable expenses (including but not limited to legal fees) related to investigating such breach and collecting such fees. In the event of termination, you will have no claim whatsoever against MYNYFY in respect of any such suspension or termination of your membership but you shall settle all dues owed to MYNYFY upon the termination.
- You, being user or Seller, acknowledge that no joint venture, partnership, employment, or agency or “service provider-consumer” relationship is crated or exists between you and MYNYFY, as a result of your use of MYNYFY platform. You agree not to hold yourself out as a consumer, representative, agent or employee of MYNYFY.
- MYNYFY’s performance under these Terms is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of MYNYFY’s right to comply with law enforcement requests or requirements relating to a member's use of MYNYFY or information provided to or gathered by MYNYFY with respect to such use.
- The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. MYNYFY, therefore, reserves the right to correct any errors, inaccuracies or omissions and to change or update the content at any time without prior notice. MYNYFY does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
- You shall not assign any rights or obligations arising under this Term, whether by operation of law or otherwise, without the prior written consent of MYNYFY. You agree that MYNYFY may subcontract certain aspects of the Service to third party service provider.
- In case you are the guardian representing a minor, please ensure you sign on the below clearly mentioning your relation to the user and your signature binds you to taking full responsibility to acceptance of Terms mentioned on behalf of the minor.
- Any claim or controversy that arises out of or relates to this agreement, or the breach of it, the same shall be referred to a person nominated by MYNYFY whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be in Hyderabad and the process shall be in English Language.
- Notwithstanding the foregoing, if You breach or threaten to breach any provision of this Agreement You acknowledge that irreparable harm will result to MYNYFY if You breach any obligation under this Agreement and You acknowledge and agree that such a breach would not be properly compensable by an award of damages. Accordingly, You agree that MYNYFY shall be entitled to, in addition to other available remedies and damages, injunctive relief or other equitable relief enjoining such breach at the earliest possible date.
- To the extent permitted by law, and subject to the mandatory arbitration provision, You acknowledge, agree and understand that, with respect to any dispute with MYNYFY Parties arising out of or relating to this agreement, You hereby give up Your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.
- In the event that any provision of this Agreement is held to be invalid or unenforceable by a court or regulator of competent jurisdiction, the valid or enforceable portion thereof and the remaining provisions of this Agreement will remain in full force and effect. MYNYFY’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. All waivers must be in writing. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
- This Agreement shall be governed by the laws of India and in case of any dispute between you and MYNYFY, in relation to the Services, the Courts of Hyderabad shall have exclusive jurisdiction.
- In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made there under, the contact details of the Grievance Officer are provided below in order to contact him when you have some problem or grievance with respect to the Services of the Web Application:
Attn: Grievance Office