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Yaarmalls.com Terms of use
By using our site, the user has
unconditionally accepted the terms and conditions of use as given here under
and/or elsewhere in the site. This terms and conditions are liable to change
and hence we urge our customers to refer to this every time this site is
accessed. When You use any of the services provided by Us through the Platform,
including but not limited to, (e.g. Product Reviews, Seller Reviews), You will
be subject to the rules, guidelines, policies, terms, and conditions applicable
to such service, and they shall be deemed to be incorporated into this Terms of
Use and shall be considered as part and parcel of this Terms of Use. We reserve
the right, at Our sole discretion, to change, modify, add or remove portions of
these Terms of Use, at any time without any prior written notice to You. You
shall ensure to review these Terms of Use periodically for updates/changes.
Your continued use of the Platform following the posting of changes will mean
that You accept and agree to the revisions. As long as You comply with these
Terms of Use, We grant you a personal, non-exclusive, non-transferable, limited
privilege to enter and use the Platform. By impliedly or expressly accepting
these Terms of Use, You also accept and agree to be bound by Yaarmalls Policies
including but not limited to Privacy Policy as amended from time to time.
1. General terms of
usage
In order to use our site, the user
have accepted the following terms and conditions given below. We reserve the
right to add, delete, alter or modify these terms and conditions at any time.
a) The user may carefully read all the
information on products and services as provided in relevant sections.
b) All products are checked, screened and
assured by the vendors to ensure that the products are of the standard,
quality, design, composition, style or model that they are representative of.
c) The prices and availability of products
are subject to change without prior notice at the sole discretion of our site.
d) Request for cancellations of orders should
be in accordance with our return and refund policy.
e) We reserve the right to refuse or
cancel any order placed for a product that is listed at an incorrect price or
for any other reason. This shall be regardless of whether the order has been
confirmed and/or payment been received. The payment shall be refunded in form
of wallet credit at yaarmalls.com, which can be used for the next purchase from
the website and the user shall be informed of the same.
f) If a non-delivery or late delivery
occurs due to a mistake by the user (i.e. wrong or incomplete name or address
or recipient not available), refund would be provided as per our refund policy.
If the customer wants us re-deliver the same, the delivery cost to be paid by
the user.
g) The User agrees to give accurate,
authentic and true information, especially his address and mobile contact
details.
h) Our site reserves the right to confirm
and validate the information and other details provided by the user at any
point of time. If any such user details are found not to be true wholly or
partly, our site has the right in its sole discretion to reject the
registration and debar the user from using the services of our
site and / or other affiliated websites without prior intimation whatsoever.
i) Our site will not be liable for
any type or kind of credit card fraud. The liability to use a card fraudulently
will be on the user and the ones to 'prove otherwise' shall be exclusively on
the user. The user must exclusively use his/her own card on the site.
j) Our site shall not be liable for
any delay/non-delivery of ordered goods by the vendors (trade organizations,
manufacturers / shops etc.), flood, fire, wars, acts of God or any cause that
is beyond the control of us.
k) The User certifies that he/she is at
least 18 (eighteen) years of age or has the consent of a parent or legal
guardian.
l) We shall not entertain any
complaints or request for refund after 24 hrs of the delivery of the product.
m) If the user has any question, doubts or
confusion in regard to any of the terms & conditions set out herein, he
should seek clarifications from us through contacting us using the contact
options in the contact page and should wait for a written clarification
before using the service.
n) If a non-delivery or late delivery
occurs in any case then our site is not liable to pay / refund any
amount more than order value of customer.
o) All products images are just for
reference only, actual product color, fabrics and designs may vary from
original picture.
2. User account, password,
and security:
If You use the Platform, you shall be
responsible for maintaining the confidentiality of your Display Name and
Password and You shall be responsible for all activities that occur under your
Display Name, Nick name and Password. You agree that if You provide any
information that is untrue, inaccurate, not current or incomplete, we shall
have the right to indefinitely suspend or terminate or block access of your
membership on the Platform.
You agree to
a) immediately
notify Yaarmalls of any unauthorized use / breach of your password or account
and
b) ensure
that you exit after signing out from your account at the end of each session.
3. Services offered:
Yaarmalls provides a number of
Internet-based services through the Platform. One such Service enables Users to
purchase original merchandise such as clothing, footwear and accessories from
various fashion and lifestyle brands (collectively, "Products"). The
Products can be purchased through the Platform through various methods of
payments offered. The sale/purchase of Products shall be additionally governed
by specific policies of sale, like cancellation policy, exchange policy, return
policy, etc. (which are found on the footer section of the Platform). Since the
product information, including pictures, videos, features and specifications
are provided by sellers, yaarmalls does not warrant that product description or
other content on the Platform is accurate, complete, reliable, current, or
error-free and assumes no liability in this regard.
4. Platform for transaction
and communication:
The users at their own discretion,
use the platform to meet and interact with one another for their transactions
on the Platform. Yaarmalls is not and cannot be a party to or control in any
manner any transaction between the Yaarmalls' Users and not limited to manufacturers,
buyers, sellers, referrers, courier agents, warehouse team etc. Hence:
a) All
commercial/contractual terms are offered by and agreed to between Buyers and
Sellers alone. The commercial/contractual terms include without limitation
price, shipping costs, payment methods, payment terms, date, period and mode of
delivery, warranties related to products and services and after sales services
related to products and services. Yaarmalls does not have any control or does
not determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and Sellers.
b) Yaarmalls
does not make any representation or Warranty as to specifics (such as quality,
value, scalability, etc) of the products or services proposed to be sold or
offered to be sold or purchased on the Platform.
c) Yaarmalls
is not responsible for any non-performance or breach of any contract entered
into between users, and not limited to Buyers and Sellers. Yaarmalls cannot and
does not guarantee that the concerned Buyers and/or Sellers will perform any
transaction concluded on the Platform.
d) At
no time shall Yaarmalls hold any right, title or interest over the products nor
shall Yaarmalls have any obligations or liabilities in respect of such contract
entered into between Buyers and Sellers.
e) The
Yaarmalls is only a platform that can be utilized by users to reach a larger
base to buy and sell products or services. Yaarmalls is only providing a
platform for communication and it is agreed that the contract for sale of any
of the products or services shall be a strictly bipartite contract between the
Seller and the Buyer. At no time shall Yaarmalls hold any right, title or
interest over the products nor shall Yaarmalls have any obligations or liabilities
in respect of such contract. Yaarmalls is not responsible for unsatisfactory or
delayed performance of services or damages or delays as a result of products
which are out of stock, unavailable or back ordered.
f) Pricing
on any product(s) as is reflected on the Platform may due to some technical
issue, typographical error or product information published by seller may be
incorrectly reflected and in such an event seller may cancel such your
order(s).
g) You
release and indemnify Yaarmalls and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any of the actions of
the Users of the Yaarmalls and specifically waive any claims that you may have
in this behalf under any applicable law. Notwithstanding its reasonable efforts
in that behalf, Yaarmalls cannot take responsibility or control the information
provided by other Users which is made available on the Platform.
5. User conduct and rules
on the platform:
You agree, undertake and confirm that
Your use of the Platform shall be strictly governed by the following binding
principles:
a) You
shall not host, display, upload, modify, publish, transmit, update or share any
information which:
o belongs
to another person and to which You do not have any right to
o 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
o is
misleading in any way
o involves
the transmission of "junk mail", "chain letters", or
unsolicited mass mailing or "spamming"
o promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libellous
o infringes
upon or violates any third party's rights including, but not limited to,
intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person's name, email address, physical address or
phone number) or rights of publicity
o contains
restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page)
o provides
instructional information about illegal activities such as making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses
o contains
video, photographs, or images of another person (with a minor or an adult).
o tries
to gain unauthorized access or exceeds the scope of authorized access to the
Platform or to profiles, blogs, communities, account information, bulletins,
friend request, or other areas of the Platform or solicits passwords or
personal identifying information for commercial or unlawful purposes from other
users
o interferes
with another USER's use and enjoyment of the Platform or any other individual's
User and enjoyment of similar services
o 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 products
o violates
any law for the time being in force
o threatens
the unity, integrity, defence, security or sovereignty of India, friendly
relations with foreign states, or public order or causes incitement to
thecommission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation
o shall
not be false, inaccurate or misleading
o shall
not create liability for Us or cause Us to lose (in whole or in part) the
services of Our internet service provider ("ISPs") or other suppliers
b) A
User may be considered fraudulent or loss to business due to fraudulent
activity if any of the following scenarios are met:
o Misuse
of another Users's phone/email
o Users
uses invalid address, email and phone no.
o Overuse
of a voucher code
o Use
of a special voucher not tagged to the email ID used.
o Users
returns the wrong product
o Users
refuses to pay for an order
o Miscellaneous
activities conducted with the sole intention to cause loss to business/revenue
to Yaarmalls
o User
with excessive returns,
o Repeated
request for monetary compensation for fake/used order
c) Yaarmalls
may cancel any order that classify as 'Bulk Orders'/'Fraud orders' under
certain criteria at any stage of the product delivery. An order can be
classified as 'Bulk Order'/'Fraud Order' if it meets with the below mentioned
criteria, and any additional criteria as defined by Yaarmalls:
o Products
ordered are not for self-consumption but for commercial resale
o Multiple
orders placed for same product at the same address, depending on the product
category.
o Bulk
quantity of the same product ordered
o Invalid
address given in order details
o Any
malpractice used to place the order
o Any
promotional voucher used for placing the 'Bulk Order' may not be refunded
o Any
order paced using a technological glitch/loophole.
d) Yaarmalls
does not facilitate business to business transaction between Sellers and
business customers. You are advised to refrain from transacting on the Platform
if You intend to avail the benefits of input tax credit.
e) You
shall not use the Platform for any unlawful and fraudulent purposes, which may
cause annoyance and inconvenience and abuses any policy and rules of the
company and interrupt or causes to interrupt, damages the use by other Users of
Yaarmalls.
f) You
shall not use any false e-mail address, impersonates any person or entity, or
otherwise misleads Yaarmalls by sharing multiple address and phone numbers or
transacting with malafide intentions.
g) We
on certain landing page even allow our Users to experience free exchange of
ideas and observations regarding interest in the field of fashion, including
‘viewing user generated content’ and/or ‘videos’ and ‘posting comments’. By
accessing, viewing and/or posting any user generated content to any specific
dedicated page on the Platform, you accept and consent to the practices
described in these ‘Terms of Service’ and ‘Privacy Policies’, as well as any
other terms of prescribed by the Yaarmalls on the Platform. You agree and
undertake that when accessing, viewing and/or posting any user generated
content on these pages You will not imitate, abuse, harass, any Customer/User
or violate and exploit, any of these ‘Terms of Service’ of the Platform.
h) You
shall not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device, program,
algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Platform or any Content, or
in any way reproduce or circumvent the navigational structure or presentation
of the Platform or any Content, to obtain or attempt to obtain any materials,
documents or information through any means not purposely made available through
the Platform. We reserve Our right to bar any such activity.
i) You
shall not attempt to gain unauthorized access to any portion or feature of the
Platform, or any other systems or networks connected to the Platform or to any
server, computer, network, or to any of the services offered on or through the
Platform, by hacking, password "mining" or any other illegitimate
means.
j) You
may not pretend that You are, or that You represent, someone else, or
impersonate any other individual or entity
k) You
shall at all times ensure full compliance with the applicable provisions of the
Information Technology Act, 2000 and rules thereunder 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 Sales
Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local
Levies) regarding Your use of Our service and Your listing, purchase,
solicitation of offers to purchase, and sale of products 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.
l) From
time to time, You shall be responsible for providing information relating to
the products or services proposed to be sold by You. In this connection, You
undertake that all such information shall be accurate in all respects. You
shall not exaggerate or over emphasize the attributes of such products or
services so as to mislead other Users in any manner.
m) You
shall not engage in advertising to, or solicitation of, other Users of the
Platform to buy or sell any products or services, including, but not limited
to, products or services related to that being displayed on the Platform or
related to us.
n) The
Content posted does not necessarily reflect Yaarmalls views. In no event shall
Yaarmalls assume or have any responsibility or liability for any Content posted
or for any claims, damages or losses resulting from use of Content and/or
appearance of Content on the Platform. You hereby represent and warrant that
You have all necessary rights in and to all Content which You provide and all
information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information.
o) Yaarmalls
hereby disclaims any guarantees of exactness as to the finish, appearance,
size, color etc., of the final Product as ordered by the User. Yaarmalls Return
& Exchange Policy offers you the option to return or exchange items
purchased on Yaarmalls within the return/exchange period (Please read the
Product Detail Page to see the number of days upto which a product can be
returned/exchanged, post-delivery). In case of return or exchange of the
purchased item, please refer to the "Return and Exchange Policy"
available on https://www.Yaarmalls.com/faqs#returns.
p) Please
note that you can only use Yaarmalls Credits to buy products from your
registered account on the Yaarmalls app or website. Yaarmalls Credits cannot
be:
o Used
for payment of orders placed on other Yaarmalls accounts.
o Transferred
to any other Yaarmalls user's account, bank account, or wallets, etc.
o Yaarmalls
may unilaterally terminate Your account on any event as mentioned in the Terms
Of Use. Any credits earned through loyalty or referral program, Yaarmalls
credit, and pending refunds if any will be forfeited in such case.
6. Contents posted on platform:
All text, graphics, user interfaces,
visual interfaces, photographs, trademarks, logos, sounds, music and artwork
(collectively, "Content"), is a third party user generated content
and Yaarmalls has no control over such third party user generated content as
Yaarmalls is merely an intermediary for the purposes of this Terms of Use. Such
Content will become Our property and You grant Us the worldwide, perpetual and transferable
rights in such Content. We shall be entitled to, consistent with Our Privacy
Policy as adopted in accordance with applicable law, use the Content or any of
its elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now known or
hereafter devised, including the creation of derivative works that may include
the Content You provide.
You may use information on the
products and services purposely made available on the Platform for downloading,
provided that You
a) do
not remove any proprietary notice language in all copies of such documents,
b) 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,
c) make
no modifications to any such information, and
d) do
not make any additional representations or warranties relating to such
documents.
7. Disclaimer of warranties
and liability:
All the materials and products
(including but not limited to software) and services, included on or otherwise
made available to You through Platform are provided on "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, Yaarmalls does not warrant that: Platform will be
constantly available, or available at all or The information on Platform is
complete, true, accurate or non-misleading.
All the Products sold on Platform are
governed by different state laws and if Seller is unable to deliver such
Products due to implications of different state laws, Seller will return or
will give credit for the amount (if any) received in advance by Seller from the
sale of such Product that could not be delivered to You. You will be required
to enter a valid phone number while placing an order on the Platform. 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. We will not use your personal information to initiate
any promotional phone calls or SMS.
8. Selling:
As a registered seller, you are
allowed to list item(s) for sale on the Platform in accordance with the
Policies which are incorporated by way of reference in this Terms of Use. You
must be legally able to sell the item(s) you list for sale on the Platform. You
must ensure that the listed 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 your item for sale. All listed items must be
listed in an appropriate category on the Platform. All listed items must be
kept in stock for successful fulfilment of sales. The listing 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, you agree to refund any amounts that you may have received from the
Buyer. You agree not to list a single product in multiple quantities across
various categories on the Platform. Yaarmalls reserves the right to delete such
multiple listings of the same product listed by you in various categories.
9. Facilitator of
Transactions:
You agree, understand and acknowledge
that Yaarmalls is an online platform that enables you to purchase products
listed on the platform at the price indicated therein at any time. You further
agree and acknowledge that Yaarmalls is only a facilitator and is not and
cannot be a party to or control in any manner any transactions on Yaarmalls.
10. Indemnity:
You shall indemnify and hold harmless
Yaarmalls, its owner, licensee, affiliates, subsidiaries, group companies (as
applicable) and their respective officers, directors, agents, employees and
sellers from any claim or demand, or actions including reasonable attorneys'
fees, made by any third party or penalty imposed due to or arising out of Your
breach of this Terms of Use, privacy Policy and other Policies, or Your
violation of any law, rules or regulations or the rights (including
infringement of intellectual property rights) of a third party.
11. Trademark, copyright and restriction:
Platform is controlled and operated
by Yaarmalls and products are sold by respective Sellers. All material on
Platform, including images, illustrations, audio clips, and video clips, are
protected by copyrights, trademarks, and other intellectual property rights.
Material on Yaarmalls 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 email 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 Yaarmalls 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. It is
expressly clarified that You will retain ownership and shall solely be
responsible for any content that You provide or upload when using any Service,
including any text, data, information, images, photographs, music, sound, video
or any other material which you may upload, transmit or store when making use
of Our various Service. However, We reserve the right to use/reproduce any
content uploaded by You and You agree to grant royalty free, irrevocably,
unconditionally, perpetually and worldwide right to Us to use the content for
reasonable business purpose.
12. Limitation of liability:
In no event shall Yaarmalls be liable
for any direct or indirect, punitive, incidental, special, consequential
damages or any other damages resulting from the use of the website
a) Yaarmalls
shall not be held responsible for non-availability of the Yaarmalls during
periodic maintenance operations or any unplanned suspension of access to the Yaarmalls.
The User understands and agrees that any material and/or data downloaded at
Yaarmalls is done entirely at Users own discretion and risk and they will be
solely responsible for any damage to their mobile or loss of data that results
from the download of such material and/or data. To the maximum extend that is
permissible under law, Yaarmalls’s liability shall be limited to an amount
equal to the Products purchased value bought by You. Yaarmalls shall not be
liable for any dispute or disagreement between Users
13. Termination:
Yaarmalls may suspend or terminate
your use of the Yaarmalls if it believes, in its sole and absolute discretion
that you have infringed, breached, violated, abused, or unethically manipulated
or exploited any term of these Terms of Service or anyway otherwise acted
unethically. Notwithstanding anything in this clause, these Terms of Service
will survive indefinitely unless and until Yaarmalls chooses to terminate
them.nYaarmalls would hold the right to keep or purge your data at the
discretion of yaarmalls
14. Governing law:
These terms shall be governed by and
constructed in accordance with the laws of India and shall be subject to the
exclusive jurisdiction of courts, tribunals, fora, applicable authorities in
Kottayam, Kerala.
15. Contacting the seller:
As per our policy related to sellers,
seller contact information would not be shared with any buyer, even if it
involves any dispute on the product received by the buyer
16. Disclaimer:
You acknowledge and undertake that
you are accessing the services on the Platform and transacting at your own risk
and are using your best and prudent judgment before entering into any
transactions through Yaarmalls. We shall neither be liable nor responsible for
any actions or inactions of sellers nor any breach of conditions,
representations or warranties by the sellers or manufacturers of the products
and hereby expressly disclaim and any all responsibility and liability in that
regard. We shall not mediate or resolve any dispute or disagreement between You
and the sellers or manufacturers of the products. We further expressly disclaim
any warranties or representations (express or implied) in respect of quality,
suitability, accuracy, reliability, completeness, timeliness, performance,
safety, merchantability, fitness for a particular purpose, or legality of the
products listed or displayed or transacted or the content (including product or
pricing information and/or specifications) on Platform. While we have taken
precautions to avoid inaccuracies in content, this website, all content,
information (including the price of products), software, products, services and
related graphics are provided as is, without warranty of any kind. At no time
shall any right, title or interest in the products sold through or displayed on
Platform vest with Yaarmalls nor shall Yaarmalls have any obligations or
liabilities in respect of any transactions on Platform.
Delivery Related - User agrees and
acknowledges that any claims regarding order delivery (including non-receipt/
non- delivery of order or signature verification) shall be notified to
Yaarmalls within 2 days from the alleged date of delivery of product reflecting
on the Yaarmalls portal. Non notification by You of non-receipt or non-delivery
within the time period specified shall be construed as a deemed delivery in
respect of that transaction. Yaarmalls disclaims any liability or
responsibility for claims regarding non-delivery, non-receipt of order
(including signature verification in Proof of delivery) after 5 days from the
alleged date of delivery of product reflecting on the Yaarmalls portal.
17. Multiple sellers
You understand that products of a
particular style may be sold on the Platform by multiple sellers and the
product price on the listing page of the Platform, may not always reflect the
lowest price for that particular style.
18. Convenience fee
Subject to the Terms of Use and the
below terms and conditions, Yaarmalls may levy a convenience fee or service fee
on all low value orders on the yaarmalls Platform.
19. Promotional schemes and discounts
a. Yaarmalls
would run multiple schemes and discounts to attract customers and improve the
sales. These schemes and discounts are always and only for a limited period of
time and can be stopped without prior notice. Even if it is not indicated at
the time of the promotions, on the expiry dates, please note that all such
promotions would have an expiry period and that would be decided by yaarmalls
management. Any benefit other than the benefit of the purchase of the product
should be deemed as a promotional benefit
20. Cancellation, Returns, Exchange and refund
policy
a. If
for any reason, you are not completely satisfied with a purchase, we request
you to review our policy on refunds and returns.