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Terms and Condition |
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Welcome to the ONLYFAYDA.COM. The terms and conditions contained herein along with
the Privacy Policy form an agreement regulating our relationship with regard to
the use of ONLYFAYDA.COM for shopping by you, the user. You are advised to read
this Agreement carefully. If you are not agreeable to any terms and conditions,
you should not use the Services. You can use the ONLYFAYDA.COM Services if you are
agreeable to all the terms and conditions of this Agreement in their entirety. By
clicking at the space provide for on the ONLYFAYDA.COM website, you will be deemed to have accepted this Agreement and it will be a legally binding Agreement between
you and ONLYFAYDA.COM.
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Applicable Law
This site is created and controlled by ONLYFAYDA.COM in Mumbai, India;
as such the laws of India shall apply; courts in Mumbai shall have jurisdiction
in respect of all the terms, conditions and disclaimers. ONLYFAYDA.COM reserves
the right to make changes to the site and the terms, conditions and disclaimers.
Definitions: "Agreement" means the terms and conditions as detailed herein including
all schedules, appendices, annexures, privacy policy, disclaimers, and will include
the references to this Agreement as amended, novated, supplemented, varied or replaced
from time to time.
"ONLYFAYDA.COM"/ "Site" means the online shopping platform owned and operated by
Infortale Communication Pvt. Ltd. , which provides a venue to the users of ONLYFAYDA.COM
to buy the products listed on ONLYFAYDA.COM.
"Merchant Partner"/"Vendor" shall mean the person or any legal entity who offers
for sale and sells products on ONLYFAYDA.COM.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts the offer
for sale on ONLYFAYDA.COM by placing an order for and or purchases any products
offered for sale on ONLYFAYDA.COM.
"User"/ "You" means and
includes you and/or any person or an entity including Vendor
using or accessing the services provided on this Site.
Eligibility:
You represent and warrant that You are competent and eligible to enter into legally
binding agreement and have the requisite authority to bind Inforatale Communication
Pvt. Ltd., to this Agreement. You shall not use this Site if You are not competent
to contract under the applicable laws, rules and regulations.
Term of Agreement/Service:
This Agreement shall continue to be in full force and effect for so long as You
are using the ONLYFAYDA.COM services. ONLYFAYDA.COM provides the online shopping
platform wherein the Users can purchase/buy the products listed on ONLYFAYDA.COM
(the "Services") pursuant to the terms and conditions set forth below. By clicking
on the [Close] button, You agree to use the Services in a manner consistent with
the terms hereof and also agree abide by the terms and conditions of this Agreement,
including but not limited to the privacy policy, and with all applicable laws and
regulations. Either You or ONLYFAYDA.COM may terminate the service at any time,
with or without cause. However, ONLYFAYDA.COM reserves the right, in its sole discretion,
to terminate Your access to the ONLYFAYDA.COM services and the related services
or any portion thereof at any time, without notice.s
Modification of Terms and conditions of Service:
ONLYFAYDA.COM may at any time modify the terms and conditions ("Terms") of the Services
without any prior notification to You. You can access the latest version of the
Terms, which shall be updated regularly at the link our website_. You undertake
to regularly review the Terms. In the event that the modified Terms are not acceptable
to You, You shall immediately discontinue using the Services. However, if You continue
to use the Services, You hereby agree to accept and be bound by the modified Terms.
Registration Data:
To avail of and use the Services, You shall have to register with ONLYFAYDA.COM.
As a part of registration process, You agree to provide ONLYFAYDA.COM current, complete,
and accurate registration information (the "Registration Data") as prompted to do
by the Service and to maintain and update this information as required to keep it
current, complete and accurate.
If You provide any information that is untrue, inaccurate not current or incomplete
or ONLYFAYDA.COM has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, ONLYFAYDA.COM has the right to indefinitely
suspend or terminate Your membership and refuse to provide You with access to ONLYFAYDA.COM.
You shall be responsible for maintaining the confidentiality of Your password, which
You will not be under an obligation to reveal to any representative or agent of
ONLYFAYDA.COM.
You agree and understand that ONLYFAYDA.COM Services are supported by advertisements
and therefore You grant ONLYFAYDA.COM the right to disclose the aggregate Registration
Data to third parties in connection with marketing the Services. Furthermore, You
agree and grant ONLYFAYDA.COM the right to use Your individual Registration Data
to provide for targeting of advertisements and other service offers to You.
You shall notify to our customer support department of any known or suspected unauthorized
use(s) of Your account, or any known or suspected breach of security, including
loss, theft, or unauthorized disclosure of Your password.
Electronic Communication:
You consent to receiving communications from ONLYFAYDA.COM electronically. ONLYFAYDA.COM
will communicate with Users by email or by posting notices on the Site.
Online Shopping Platform :
You agree, understand and acknowledge that ONLYFAYDA.COM is an online shopping platform,
a venue enabling the Users to buy any product listed on ONLYFAYDA.COM at the price
indicated in connection with the product in question and/or any other terms and
conditions indicated therein at any time from any place. You further agree and acknowledge
that ONLYFAYDA.COM is not involved in or liable for any sale and purchase of goods/products
listed on this Site. ONLYFAYDA.COM is only a facilitator, an intermediary and is
not and cannot be a party to or control in any manner any transactions between the
Vendor and the Customer/Buyer. ONLYFAYDA.COM shall neither be responsible nor liable
to mediate or resolve any disputes or disagreements between the Users and/or Vendors.
ONLYFAYDA.COM shall neither be liable nor responsible for any actions or inactions
of Vendors or any breach of conditions, representations or warranties by the Vendors
or manufacturers of the products, including but not limited to adherence to intellectual
property laws in relation to such products. ONLYFAYDA.COM has a policy that once
it receives any notice from a person or entity claiming that its intellectual property
rights are being infringed by the sale and / or offer for sale of any products on
the Site, supported by proof of ownership of the intellectual property rights by
the person or entity sending such notice, ONLYFAYDA.COM shall forthwith block access
to offer for sale of the said products and/or sale of such products on the Site.
ONLYFAYDA.COM does not sell or retail any products and does not ensure that the
Users shall perform their obligations in respect of the transaction concluded on
this Site and further expressly
disclaims any warranties or representations express
or implied in respect of quality, safety, merchantability, fitness for a particular
purpose, or legality of the products listed and transacted on ONLYFAYDA.COM.
You further agree and undertake that You are accessing the services available on
this Site and transacting at Your sole risk and are using Your best and prudent
judgment before entering into any transaction through this Site.
The Site is a channel of communication whereby the Users can reach a larger base
to buy and sell goods or services. ONLYFAYDA.COM 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 Vendor and the Buyer.
At no time shall any right, title or interest over the items vest with ONLYFAYDA.COM
nor shall ONLYFAYDA.COM have any obligations or liabilities in respect of such contract.
ONLYFAYDA.COM 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,
returned undelivered, not original or authorized, or otherwise unavailable.
ONLYFAYDA.COM accepts no liability for any errors or omissions, whether on behalf
of itself or third parties.
ONLYFAYDA.COM is not responsible and shall not be responsible for any non-performance
or breach of any contract entered into between Users and / or Users and Vendors.
All orders shall be pre-approved with an acceptable method of payment as available
through payment service providers connected with ONLYFAYDA.COM, which may call for
and require additional verification or information.
The address at which delivery of the product ordered by You is to be made should
be correct and proper in all respects.
After the receipt of payment from the Buyer, the Vendor shall arrange for the delivery
of the product to the buyer at the shipping address provided by the Buyer.
Any and all orders placed by You on this Site are a firm commitment to purchase
and You are obligated to complete the transaction and not contest it in anyway.
Before placing an order You are advised to check the product description carefully.
By placing an order for a product You agree to be bound by the conditions of sale
included in the item's description.
Credit card details You agree, understand and confirm that the credit card details
provided by You for availing of services on ONLYFAYDA.COM will be correct and accurate
and You shall not use the credit card which is not lawfully owned by You. You further
agree and undertake to provide the correct and valid credit card details to ONLYFAYDA.COM.
Further the said information will be not be utilized and shared by ONLYFAYDA.COM
with any of the third parties unless required by law, regulation or court order.
Confirmation:
You understand, declare and agree that:
• ONLYFAYDA.COM shall not and is not required to mediate or resolve any dispute
or disagreement between You and the Vendor.
• You release and indemnify ONLYFAYDA.COM and/or any of its officers and representatives
from any cost, damage, liability or other consequence of any ofyou’re your actions
and specifically waive any claims that You may have in this behalf under any applicable
law. Notwithstanding its reasonable efforts in that behalf, ONLYFAYDA.COM cannot
control the information provided by other Users which is made available on the Site.
• Vendor shall be responsible to deliver the items to the Buyer within the time
period specified for delivery by the Vendor.
• Vendor shall be solely responsible for any undelivered or damaged items.
• Vendor shall be solely responsible to make good the loss or damage or any claim
raised by the Buyer in respect of damaged or non-receipt of items.
• Vendor shall be responsible to deliver the products/items of the same quantity
and same qualities as are listed on the ONLYFAYDA.COM and that such products shall
correspond with the description of the items listed on ONLYFAYDA.COM. You further
agree and acknowledge that ONLYFAYDA.COM shall not be liable if the description
of goods supplied by the Vendor does not match/correspond with the description provided
at the time of placing of order by the Buyer.
• Vendor shall invoice / bill directly to the Buyer.
• Complete product responsibility and liability solely vest with Vendor and Vendor
is responsible to the Buyer for the sale of the Product to Buyer including but not
limited to the delivery of the item/product to the Buyer. Neither Customer nor Vendor
shall raise any claim on ONLYFAYDA.COM in this regard.
Suspension due to non-compliance with Agreement:
Notwithstanding other legal remedies that may be available to ONLYFAYDA.COM, ONLYFAYDA.COM
may in its sole discretion limit User activity by immediately removing User listing
either temporarily or indefinitely or suspend or terminate User membership, and/or
refuse to provide User with access to the Site:
• If the User is in breach any of the terms and conditions of this Agreement and/or
the Terms of usage of ONLYFAYDA.COM;
• If the User has provided wrong, inaccurate, incomplete or incorrect information;
• If Your actions may cause any harm, damage or loss to the other Users or ONLYFAYDA.COM.
Illegal and/or unauthorized use of the Service, including unauthorized framing of
or linking to the ONLYFAYDA.COM Site and / or selling or offering for sale, products
or services that infringe third party rights will be investigated, and appropriate
legal
action will be taken, including without limitation, civil,
criminal and injunctive
redress.
Indemnity:
User agrees to defend, indemnify and hold harmless ONLYFAYDA.COM, Infortale Communications,
its employees, directors, officers, agents and their successors and assigns from
and against any and all claims, liabilities, damages, losses, costs and expenses,
including attorney's fees, caused by or arising out of claims based upon the User's
actions or inactions, including but not limited to any warranties, representations
or undertakings or in relation to the non-fulfillment of any of User’s obligations
under this Agreement or arising out of the User's infringement of any applicable
laws, regulations including but not limited to Intellectual Property Rights, payment
of statutory dues and taxes, claim of libel, defamation, violation of rights of
privacy or publicity, loss of service by other subscribers and infringement of intellectual
property or other rights.
This clause shall survive the expiry or termination of this Agreement.
Privacy Policy Use of this site is subject to ONLYFAYDA.COM privacy policy ONLYFAYDA.COM
respects your privacy. ONLYFAYDA.COM will not intentionally monitor or disclose
any private messages or address information unless required by law, regulation or
court order. You agree to respect the privacy and confidentiality of others.
ONLYFAYDA.COM reserves the right to change or update these policies at any time
upon reasonable notice, effective immediately upon posting to this site.
Copyright @ 2008 Infortale Communications Pvt. Limited. All Rights Reserved.
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