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Terms & Condition

Terms & Condition

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.maayas.in website.

The domain name www.maayas.in (hereinafter referred to as "Website") is owned by Maayas Enterprises a company incorporated under the Companies Act, 1956 with its registered office at Maayas Enterprises #1, 32C, BR Complex, Opp. Una Enclave Patparganj, Mayur Vihar Phase – I Delhi – 110091 (hereinafter referred to as "Maayas").

You  r use of the website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you   transact on the website, you   shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You   shall be contracting with Maayas Enterprises and these terms and conditions including the policies constitute you’r binding obligations, with Maayas.

For the purpose of these Terms of Use, wherever the context so requires "You” or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Maayas allows the User to surf the Website or making purchases without registering on the Website. The term "We", "Us", "Our" shall mean Maayas Internet Private Limited.

When you   use any of the services provided by us through the website, 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. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website 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 Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESETERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You   also accept and agree to be bound by Maayas Policies ((including but not limited to Privacy Policy available on /s/privacy policy) as amended from time to time.

Membership Eligibility

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you   are a minor i.e. under the age of 18 years, you   shall not register as a User of the Maayas website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Maayas reserves the right to terminate your membership and / or refuse to provide you   with access to the Website if it is brought to Maayas's notice or if it is discovered that you   are under the age of 18 years.

Your Account and Registration Obligations

If you   use the Website, 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 and Password. You agree that if You   provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You   with access to the Website.

Communications

When you   use the website 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 may communicate with you by email or by such other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. Maayas is not and cannot be a party to or control in any manner any transaction between the Website's Users.

Henceforward:

1. 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. Maayas 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.

2. Maayas 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 Website. Maayas does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. Maayas accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

3. Maayas is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Maayas cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Website. Maayas shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

4. Maayas does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You   are advised to independently verify the bona fides of any particular User that you choose to deal with on the Website and use your best judgment in that behalf.

5. Maayas does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

6. At no time shall Maayas hold any right, title or interest over the products nor shall Maayas have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. Maayas 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.

7. The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Maayas 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 Maayas hold any right, title or interest over the products nor shall Maayas have any obligations or liabilities in respect of such contract.

Maayas 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.

8. You   shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you   transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Website 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).

9. You release and indemnify Maayas 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 Website and specifically waive any claims that you   may have in this behalf under any applicable law. Not with standing its reasonable efforts in that behalf, Maayas cannot take responsibility or control the information provided by other Users which is made available on the Website. You   may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Membership on the Website is free for buyers. Maayas does not charge any fee for browsing and buying on the Website. Maayas reserves the right to change its Fee Policy from time to time. In particular, Maayas may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Maayas reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You   shall be solely responsible for compliance of all applicable laws including those in India for making payments to Maayas Internet Private Limited.

Use of the Website

You   agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:

1. You   shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You   does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) Harasses or advocates harassment of another person;

(f) Involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

(h) 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];

(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) Engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Website. Throughout this Terms of Use, Maayas's prior written consent means a communication coming from Maayas's Legal Department, specifically in response to You  r request, and specifically addressing the activity or conduct for which You   seek authorization;

(p) Solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) Interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;

(r) Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) Harm minors in any way;

(t) 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;

(u) violates any law for the time being in force;

(v) Deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) Impersonate another person;

(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

(z) Shall not be false, inaccurate or misleading;

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) 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;

2. 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 Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.

3. You   shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.

4. You   shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You   may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You  , to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than You  r own information, as provided for by the Website.

5. You   shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Maayas, Maayas.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Maayas or sellers on platform or otherwise tarnish or dilute any Maayas's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Maayas's systems or networks, or any systems or networks connected to Maayas.

6. You   agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.

7. You   may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You   send to Us on or through the Website or any service offered on or through the Website. You   may not pretend that you   are, or that you   represent, someone else, or impersonate any other individual or entity.

8. You   may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Maayas and / or others.

9. 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 You  r use of Our service and You  r 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.

10. Solely to enable Us to use the information You   supply Us with, so that we are not violating any rights You   might have in You  r Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.

11. 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.

12. You   shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You   may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. You   understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You   hereby expressly authorize Us to) disclose any information about You   to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right, but have no obligation, to monitor the materials posted on the Website. Maayas shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU   REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU   POST ON THE WEBSITE AND IN YOU R PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Maayas views. In no event shall Maayas 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 Website. 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.

13. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You   and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.

14. It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You   acknowledge and agree that We are not responsible for the use of any personal information that You   publicly disclose or share with others on the Website. Please carefully select the type of information that You   publicly disclose or share with others on the Website.

15. Maayas shall have all the rights to take necessary action and claim damages that may occur due to you  r involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Maayas has no control over such third party user generated content as Maayas is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Maayas's express prior written consent.

You   may use information on the products and services purposely made available on the Website for downloading, provided that You   (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for you  r personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You   shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, "Content"). 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   agree that any Content You   post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You   are not entitled to any payment or other compensation for such use.

Privacy

We view protection of  Your privacy as a very important principle. We understand clearly that You   and Your Personal Information is one of Our most important assets. We store and process You  r Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at /s/privacy policy. If You   object to Your Information being transferred or used in this way please do not use Website.

We and our affiliates will share / sell / transfer / license / covey some or all of you  r personal information with another business entity should we (or our assets)plan to merge with or are acquired by that business entity, or re-organization, amalgamation, restructuring of business or for any other reason whatsoever. Should such a transaction or situation occur, the other business entity or the new combined entity will be required to follow the privacy policy with respect to your personal information. Once you   provide you  r information to us, you   provide such information to us and our affiliate and we and our affiliate may use such information to provide you   various services with respect to you  r transaction whether such transaction are conducted on www.maayas.in or with third party merchant's or third party merchant's website.

Disclaimer of Warranties and Liability

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You   through this site 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, Maayas does not warrant that:

• This Website will be constantly available, or available at all; or

• The information on this Website is complete, true, accurate or non-misleading.

Maayas will not be liable to You   in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Maayas does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You   through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website 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 Website. By registering Your phone number with us, You   consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

Selling

As a registered seller, you   are allowed to list item(s) for sale on the Website 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 our Website. 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 you r item for sale. All listed items must be listed in an appropriate category on the Website. 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 Website. Maayas reserves the right to delete such multiple listings of the same product listed by you   in various categories.

Services

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You   due to:

  1. Lack of authorization for any transaction/s, or
  2. Exceeding the pre-set limit mutually agreed by You   and between "Bank/s", or
  3. Any payment issues arising out of the transaction, or
  4. Decline of transaction for any other reason/s


All payments made against the purchases/services on Website by you   shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, Seller may request you   to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you   for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Maayas liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Maayas's Website.

2. You   have specifically authorized Maayas or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. You  r relationship with Maayas is on a principal to principal basis and by accepting these Terms of Use you   agree that Maayas is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on Maayas's Website that are paid for by using the Payment Facility. Maayas does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

3. You   understand, accept and agree that the payment facility provided by Maayas is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Maayas Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Maayas is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers:

• You, as a Buyer, understand that upon initiating a Transaction You   are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.

• You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

• You, as a Buyer, shall electronically notify Payment Facility using the appropriate Maayas Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.

• You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as You  r sole and exclusive remedy) in case You   do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you   do not raise a refund claim using Website features within the stipulated time than this would make You   ineligible for a refund.

• You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You   may not be entitled to a refund in respect of the Transactions for those products and /or services

• Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received.

• For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)

• Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

• For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

• Refund shall be conditional and shall be with recourse available to Maayas in case of any misuse by Buyer.

• Refund shall be subject to Buyer complying with Policies.

4. Maayas reserves the right to impose limits on the number of Transactions or Transaction Price which Maayas may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

5. Maayas reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Maayas or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

6. Maayas may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of Maayas. As a result of such check if Maayas is not satisfied with the creditability of the Buyer or genuineness of the Transaction / Transaction Price, it will have the right to reject the receipt of / Buyers commitment to pay Transaction Price.

7. Maayas may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Maayas deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, Maayas may hold Transaction Price and Maayas may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

8. The Buyer and Seller acknowledge that Maayas will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of Maayas.

Compliance with Laws:

9. Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and Maayas Website.

Buyer's arrangement with Issuing Bank:

10. All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

11. All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Wallet

The Wallet ("Wallet") is a pre-paid payment instrument which is associated with your Website account. You   can maintain a balance of money with such specific Seller (if permitted), and redeem it at your convenience. Please note that Seller will be the issuer of wallet and Seller shall be responsible for redeeming the money lying to your credit of you  r wallet account and Maayas does not assume any risk, liability or responsibility with respect to wallet money.

Seller will not pay any interest on the amount maintained by you   in your Seller specific Wallet.

Refill of Wallet: Your Wallet can be refilled, using any of the pre-paid payment options only. You   will be able to recharge your Wallet up to an amount of?10,000 in one instance. There is no need to maintain a minimum balance.

Refund of Wallet Amount: Your Wallet comprises of three types of balances - Store credit (which is a credit granted by Us typically in lieu of a cancelled order), Topped-up balance (which is a prepaid amount that You   added to the Wallet to pay for future orders on the Website) and Promotional balance (which is credit granted by Us purely for promotional or goodwill purposes). Topped-up balance (prepaid amount) as well as the Promotional balance added to the Wallet will be non-refundable while Store credit will continue to be entirely refundable.

Limitation of Liability: In no event will Maayas will be liable for any money lying to your credit in wallet, any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of Wallet or association with the Wallet.

30 Day Replacement Guarantee*

The 30 Day Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within 30 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions:

1. Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within 30 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement:
• Damages due to misuse of product;
• Incidental damage due to malfunctioning of product;
• Any consumable item which has been used/installed;
• Products with tampered or missing serial/UPC numbers;
• Any damage/defect which are not covered under the manufacturer's warranty
• Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
• Jewellery which is 'made to order' on customer's request

On Clothing, Footwear and Jewellery, qualified sellers accept 30 day exchange subject to the following conditions:

Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way. 
Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.
'Made to order' jewellery, Innerwear, lingerie, socks and clothing freebies are not covered under the return policy. 
Damaged or defective clothing and footwear products are meanwhile covered by the 30 Day Replacement Guarantee.

If Maayas has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Maayas may while reserving its rights to initiate civil and/or criminal proceedings against member may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that user and any related users from availing protection through this program.

Maayas reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Maayas may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defrauds or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Indemnity

You   shall indemnify and hold harmless Maayas, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, 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.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. Maayas make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and Maayas is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site is controlled and operated by Maayas and products are sold by respective Sellers. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website 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 website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Maayas respects the intellectual property of others. In case You   feel that Your Trademark has been infringed, You   can write to Maayas at team@maayas.in

Product Description

Maayas we do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL MAAYAS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

Grievance officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Pawan Thakur

Maayas Enterprises

#1, 32C, BR Complex, Opp. Una Enclave

Patparganj, Mayur Vihar Phase – I

Delhi - 110091

Phone: +91 - 9999536611

Email: team@maayas.in

Time: Mon - Sat (9:00 - 18:00)

POLICIES

Profanity Policy

Maayas prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

Maayas will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:

  1. Limits placed on account privileges;
  2. Loss of special status;
  3. Account suspension.

Replacement Guarantee*

The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Website. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.

If Maayas has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then Maayas may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.

Maayas reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Maayas may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

For more details related to Replacement Policy, refer to s/help/cancellation-returns

Returns Policy

Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the Maayas website. Following situations may arise:

  1. Item was defective
  2. Item was damaged during the Shipping
  3. Products was / were missing
  4. Wrong item was sent by the Seller.

Return could also result in refund of money in most of the cases.

Points to be noted:

  1. Seller can always accept the return irrespective of the policy.
  2. If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection Program*.

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer need to raise the refund request within 10 days from the date of payment realization. Once Buyer has raised a return request by contacting Us on Our Toll Free Number, Seller while closing the return ticket can select one of the following:

  1. Replace after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
  2. Refund after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
  3. Refund without shipment collection - Seller has agreed to refund the buyer without expecting the original shipment back)
  4. Replace without shipment collection - Seller has agreed to replace the order without expecting the original shipment back)
  5. On certain select days as specified by Maayas (such as 'The Big Billion Day') separate policies may be applicable.

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:

Category

Condition

Electronics

Should be included

Clothing and Footwear

Should be "New & Unworn" (other than for trial)

Beauty, Health & Personal Care

Should be "New & Unopened"

Sports & Equipment

Should be "New" and returned with original packaging

Office Products

Should be "New" and returned with original packaging

Jewellery

Should be "New" and returned with original packaging

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.

Shipping cost for returning the product shall be borne and incurred by the Seller.

Replacement

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Points to be noted:

  1. Seller can always accept the return irrespective of the policy.
  2. If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.

Buyer need to raise the replacement request within 10 days from the date of delivery of products. Once Buyer has raised a replacement request by contacting Us on the Toll Free Number provided on the Website. Once the replacement request has been raised, the following steps shall be followed:

1. Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:

2. An intimation shall be provided to Seller seeking either "approval" or "rejection" of the replacement request.

3. In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product; Seller shall be obliged to provide the replacement product to the Buyer.

4. In case Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to support@maayas.in

.

In case the Seller doesn't have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

If the Seller doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.

All shipping and other replacement charges shall be borne and incurred by the Seller.

Disputes (Resolutions) Policy

Overview

Generally, transactions are conducted smoothly on Maayas. However there may be some cases where both the Buyers and Sellers may face issues. At Maayas, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

What is a 'dispute'?

A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Website.

How does a 'dispute' occur in the Marketplace?

Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

How is a 'dispute' created?

Whenever there is a disagreement, the Buyer can write to team@maayas.in, in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of 'disputes'?

Following are the indicative examples of potential disputes:

1. Wrong item received

2. Item Not as described

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then Maayas will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

Disputes via Chargeback

Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

1. Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies

2. Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.

Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by Maayas" and failing to do so Seller will be liable for chargebacks (as applicable).

3. Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by Maayas. Maayas encourages its Users to be professional, courteous and respectful when communicating by email.

However, Maayas will investigate and can take action on certain types of unwanted emails that violate Maayas policies.

Such instances:

Threats of Bodily Harm - Maayas does not permit Users to send explicit threats of bodily harm.

Misuse of Maayas System - Maayas allows Users to facilitate transactions through the Maayas system, but will investigate any misuse of this service.

Spoof (Fake) email - Maayas will never ask you   to provide sensitive information through email. In case you   receive any spoof (fake) email, you   are requested to report the same to Us through 'Contact Us' tab.

Spam (Unsolicited Commercial email) - Maayas's spam policy applies only to unsolicited commercial messages sent by Maayas Users. Maayas Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of Maayas - Maayas prohibits email offers to buy or sell listed products outside of the Maayas Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

Maayas policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

Other Businesses

Maayas does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Maayas assumes no responsibility for examining or evaluating the products and services offered by them. Maayas do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Maayas does not endorse, in any way, any third party website(s) or content thereof.

Addendum to Notice of Infringement:

List of Allegedly Infringing Listings, Products, or Materials

A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, Maayas will inform Sellers of the specific reason for the removal of their products.

Select the most appropriate reason. Please associate each item you   report with only one reason code.

Trademark-infringement

1. Trademark owner doesn't make this type of product or has discontinued the production of the product

2. Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

3. Listing(s) has unlawful comparison to trademark owner's brand or product

4. Listing(s) contains unlawful use of trademark owner's logo

Copyright-item infringement

5. Software is being offered without any license or in violation of a license

6. Item(s) is a bootleg recording;

7. Item(s) is an unlawful copy (software, games, movies, etc.);

8. Item(s) is unlawful duplication of printed material

9. Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Copyright-listing content infringement

9. Listing(s) comprises unauthorized copy of copyrighted text

10. Listing(s) comprises unauthorized copy of copyrighted image

11. Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: _____________________________________________________________

Work(s)

infringed: _________________________________________________________

Item Number(s): ___________________________________________________________

Note:

1. Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)

2. Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to .

Cash On Delivery
15 Days Returns
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