1. www.priyaz.co.in website ("Website") is an internet based content and e-commerce portal operated by priyaz .
2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. Priyaz at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify priyaz of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. priyaz cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
This Agreement sets forth the terms and conditions that apply to the use of the Site by the User. By using this Site, the User agrees to comply with all of the TERMS AND CONDITIONS hereof. The right to use the Site is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of their password(s), if any. The User acknowledges that, although the internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any data lost while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted, suspended or terminated from time to time. The Company shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Company may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
Use of the Website/Mobile Application 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/Mobile Application. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website/Mobile Application and shall not transact on or use the Website/Mobile Application. As a minor if you wish to use or transact on Website/Mobile Application, such use or transaction may be made by your legal guardian or parents on the Website/Mobile Application. Priyaz reserves the right to terminate your membership and / or refuse to provide you with access to the Website/Mobile Application if it is brought to Priyaz's notice or if it is discovered that you are under the age of 18 years.
In order to enable you to view and place orders for any Product made available on the Website/Mobile Application, we will provide you with a visual representation of the Product together with a summary description of the Product. While every effort is made to provide accurate visual representations, Priyaz disclaims any guarantee of exactness of such visual representation or description to the finish and appearance of the final Product delivered to you.
The User shall be responsible for obtaining and maintaining telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. The Company shall not be liable for any damages to the User's equipment resulting from the use of the Site.
While we have made every effort to display as accurately as possible the colours of the products that appear on the Site, we cannot guarantee that your monitor or screen’s display of any colour will be completely accurate, as computer monitors and screens of electronic devices vary.
When You use the Site or send emails or other data, information or communication to us, You agree and understand that You are communicating with us through electronic records and You consent to receive communications via electronic records from us periodically and as and when required. We will communicate with You by email or by an electronic record on our Site which will be deemed adequate service of notice / electronic record.
We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.
We strive to provide you with the best prices possible on products and/or services you buy from us, however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. The prices mentioned on the Site are not subject to comparison with the same or similar product(s) and/or service(s) available through any online or offline sale. The pricing is subject to our pricing policy and the prices shall be determined only at our sole discretion.
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We will have the right to modify the price of the product and contact you for further instructions using the e-mail address or telephone number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that we accept your order the same shall be debited to your credit card account. The payment may be processed prior to our dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
We may constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing our services fraudulently shall be liable for legal actions under applicable law and we reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, We reserve the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, we shall owe no liability for any refunds.
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
You agree, understand and confirm that the credit card details provided by you for availing of services on the Site will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to us. Further the said information will not be utilized and shared by us with any of the third parties unless required for fraud verifications or by law, regulation or court order. We will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED (A "LINKED SITE") ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. ALL WARRANTIES, IF ANY, RELATING TO THE PRODUCT AND SERVICES WOULD BE PROVIDED BY THE MANUFACTURER/SUPPLIER OF SUCH PRODUCT AND NOT BY US. ANY CLAIM IN RELATION TO THE SAME SHOULD BE RAISED AGAINST RESPECTIVE MANUFACTURER/SUPPLIER AND NOT AGAINST US IN ANY CASE WHATSOEVER. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE THROUGH THE SITE BY ANY PARTY OTHER THAN US, (B) ANY CONTENT PROVIDED ON LINKED SITES OR (C) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW, UNDER NO CIRCUMSTANCE WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A LINKED SITE. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT.
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Priyaz owns all Intellectual Property Rights to and into the Website and the Mobile Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website/Mobile Application belonging to Priyaz without obtaining authorization from Priyaz.
2. Notwithstanding the foregoing, 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, with regard to the Product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.