Terms & condition
GOOMFY USER AGREEMENT
1.1 This GOOMFY User Agreement (“this User Agreement”)is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable,as well as the amended provisions pertaining to electronic records in various Acts and 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.
1.4 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, are not eligible to use the Website. We reserve the right to refuse to provide you with access to the Website if it is brought to our notice or if it is discovered that you are under the age of 18 years.
1.5 This User Agreement shall come into effect from 00:00 hours I.S.T.on June 1, 2016.
- APPLICABILITY, ACCEPTANCE AND AMENDMENT
2.1 Your access and/oruse of the Website implies that you have read and fully understood, and you accept and agree to be bound by, the terms and conditionsof this User Agreement andGOOMFY Rules & Policies;andthat you accept that this User Agreement as well asGOOMFY Rules & Policies shall be effective and binding upon you along with any amendments made thereto and posted on the Website; and you shall not claim invalidity thereofmerely on the ground that this User Agreement as well as GOOMFY Rules & Policies arebeing concluded and executed electronically.
2.2 Please note that various underlined words and phrases are hyperlinked to various rules and policies on the Website; and, by accessing and/or using the Website, you hereby accept, and agree to be bound by, the rules and policies available on such hyperlinked webpages.
2.3 When you use any of the services provided, and/or make any purchase, on or through the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service or purchase, and they shall be deemed to be incorporated into this User Agreement, and shall be considered as part and parcel of this User Agreement.
2.4 You hereby further agree that this User Agreement is concluded and executed at Gurgaon, Haryana, India.
2.5 We reserve the right, at our sole discretion, to change, modify, add or remove portions of this User Agreement and/or GOOMFY Rules & Policies, at any time without any prior written notice to you. It is your responsibility to review this User Agreement and GOOMFY Rules & Policies periodically for updates/changes. Your continued use of the Website following the posting of updates/changes will mean that you accept and agree to the updates/changes. As long as you comply with the provisions of this User Agreement and GOOMFY Rules & Policies, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
2.6 IF YOU DO NOT AGREE TO, OR ARE NOT WILLING TO BE BOUND BY, THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, GOOMFY RULES & POLICIESAND THE DOCUMENTS THEY INCORPORATE BY REFERENCE, PLEASE DO NOT SEEK TO OBTAIN ACCESS TO OR OTHERWISE USE THE WEBSITE.
- DEFINITIONS AND RULES OF INTERPRETATION
3.1 In this Agreement, the following definitions will be used:
(a) “Business Day” means a day on which banks are open for general business in Gurgaon, India, other than a Saturday, Sunday or public holiday.
(b) “I.S.T.” means Indian Standard Time.
(c) “Listing” means the information posted on the Website about any Product for sale.
(d) “Person” means any individual, corporation (including non-profit corporations), general partnership, limited liability partnership, joint venture, estate, trust, cooperative, foundation, society, political party, union, company, firm or other enterprise, association, or organization.
(e) “Website” means the website Goomfy.GOOMFY.com.
(f) “Third Party” means person/s other than you and us.
(g) “User”, “You” and “Your” mean and refer to a natural or legal person who is accessing the Website, its contents, and/or using the services offered on or through the Website.
(Goomfy) “We”, “us” and “our” mean and refer to Spark International, and include its associates, affiliates and subsidiary/ies.
3.2 In this User Agreement, wherever the context admits –
(a) Words “hereof”, “herein”, “hereto”, “hereunder” and other words of similar purport shall be construed to refer to this User Agreement as a whole.
(b) Use of singular includes the plural number and vice-versa.
(c) Words implying gender shall be deemed as implying any gender.
(d) A reference to a particular section, sub-section, clause, or sub-clause shall, except where the context otherwise requires, be understood as a reference to that section, sub-section, clause, or sub-clause in this User Agreement.
(e) Spark Internationaland User are sometimes referred to as “parties” jointly, and as “party” individually.
3.3 Headings have been given herein solely to facilitate the ease of reading and identification, and are not intended to be used for the purpose of interpretation or putting any limitation on the scope, extent or intent of this User Agreement or any provision hereof.
4. ABOUT US
4.1 We provide a number of Internet-based services (collectively, “Services”) through the Website. One such Service enables you to purchase original merchandise such as Apparel and other related items/accessories (collectively, “Products” or “Items”). Upon placing an order, we shall ship the ordered Product(s) to you and be entitled to its payment.
- USER CONDUCT
5.1 You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding rules and principles:
(a) You are solely responsible for Your Information, and we act only as a passive conduit for your online distribution and publication of Your Information.
(b) In accordance with the Information Technology (Intermediaries Guidelines) Rules2011, in case of non-compliance with this User Agreement and/or GOOMFY Rules & Policies, we have the right to immediately remove Your Information that is non-compliant and terminate yourright to access or use the Website.
5.2 In terms of Information Technology (Intermediaries Guidelines) Rules, 2011you agree and undertake that you shall not host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which you do not have any right;
(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) harms minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
(e) is fraudulent or involves the sale of counterfeit or stolen items;
(f) involves the transmission of junk mail, pyramid schemes, chain letters, or unsolicited mass mailing, or spamming;
(g) violates any law for the time being in force;
(Goomfy) deceives or misleads the addressee or other Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(i) impersonates another person;
(j) 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, cancelbots, 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;
(k) threatens the unity, integrity, defense, 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;
(l) 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; and
(m) shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force; including, but not limited to, the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, the Information Technology Act, 2000 as amended time to time and rules framed thereunder.
5.3 You further agree and undertake that when using the Website, you will not:
(a) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create any data, information, derivative works from, nor transfer, or sell any information or software obtained from the Website;
(b) abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
(c) download any file posted by another User of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
(d) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(e) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
(f) violate any of the terms and conditions of this User Agreement or any other terms and conditions for the use of the Website contained elsewhere herein; and
(g) make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about us, our vendors, franchisor(s), associates, affiliates and partners on any property owned by us.
5.4 We reserve the right to refuse any of our Services and/or cancel your orders at our sole discretion if we believe that your conduct violates applicable law or is harmful to our interests or otherwise.
5.7 In the event that any transaction or attempted transaction relating to any Product or Service, which is in violation of this User Agreement or applicable law, comes to your knowledge, you shall take all steps to inform us of the same at cc@GOOMFY.com.
5.8 You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our Services and purchase of Products.
5.9 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.
5.10 You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any Product or Services being sold or purchased on the Website.
5.11 Notwithstanding our reasonable efforts in that behalf, we cannot control the information provided by other Users which is made available on the Website.You may find other Users’ information to be offensive, obscene, harmful, inaccurate, or deceptive, and you may be involuntarily exposed to such information. 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 do 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 us or others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
- EXACTNESS AND AVAILABILITY NOT GUARANTEED
6.1 We hereby disclaim any guarantees of exactness as to the texture, quality, finish, style, size and appearance of the Product ordered by a User as compared to its description given on the Website.
6.2 We do not make any representation or warranty as to the attributes (such as quality, worth, style, marketability, etc.) of the Products or Services proposed to be sold, or offered to be sold, or purchased on the Website.
6.3 You understand, acknowledge and accept that the commonly used words/alphabets or symbolsused in the description of a Product do not carry any particular meaning and are not meant to signify any specific standard of texture, quality, style, colour, fit or size; for instance (without limitation), theword “Branded” does not indicate any particular brand(s);the words “Party wear”, “Formal”,etc. do not imply that the Product is suitable for wearing in parties or is to be worn formally;the words, such as “Lycra”, “Pure Cotton”, etc., do not denotethe extent of any particular ingredient, or combination of ingredients, contained in the Product;and the symbols representing size; viz., “S”, “M”, “L”, “XL”, “XXL”, etc.,do not imply that shape, style and fit of the Product are exactly the same as those of any similar Product of same size but different brand. You further agree and accept that in case you are not satisfied with any attribute of a Product supplied by us; including, without limitation, its quality, fit, colour, design, style or size, your sole remedy is to return the supplied Product in accordance with our Return Policy, as posted from time to time on the link http://GOOMFY.com/page/return-policy.html, which is incorporated herein by reference; and our maximum liability in this case is to refund the amount paid by you for the Product in question.
6.4 You understand, acknowledge and accept that the quality of any Products purchased or obtained by you on or through the Website may not meet your expectations, and that alterations to certain aspects of your order such as Product specification, size, colour, shape, units, weight, brand, etc. may be required due to limitations caused by differences in available Product colour, shape, weight and size charts of different brands, etc. In this instance you agree that a representative from Spark Internationalwill call you or send an approval request via the email address which you provided when placing your order. If you do not agree with the requested change you retain the right to reject the requested Product alteration by replying to it within 10 days of it being sent to you. If you reject this request,or no response is received from you, within said 10 days, your order will be cancelled; and the amount, if any, paid by you for the order will be fully refunded within 15 days from the date of your rejecting the request or expiry of 10 days from the date on which request is sent, whichever is later.
6.5 Resemblance of any picture of a Product listed on the Website with any other picture of similar Product available elsewhere on the internet is purely coincidental, and it does not make us liable to supply a Product that looks exactly like its picture displayed on the Website or elsewhere.
6.6 You expressly understand, acknowledge and accept that all the Items listed on the Website are offered only for a restricted time and only for the available supply, and that we, even after accepting your order for any such Item, are not obligated to supply the same if it is not available in our stock, in which event we will cancel your order and notify you of that cancellation.
6.7 We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of Items, which are out of stock or otherwise unavailable.
- PRICING& PAYMENT
7.1 Prices of the Products are mentioned on the Website, and are incorporated herein by reference. All prices are in Indian Rupees. Prices, Products and Services may change at our sole discretion.
7.2 You understand, acknowledge and accept that price of a Product, asmentioned on the Website, is subject to change at any time without any prior notice, and we are neither liable nor bound to supply any Product at the mentioned price at all times.
7.3 Due to technical issues, typographical information received from our suppliers and service providers, prices of the Products shown on the Website may vary during the ordering process. If you come across any errors in pricing or billing, we request you to contact us within 24 hours of receiving your order so that we may provide a remedy for the same.
7.4 While placing your orders for the Products,you shall independently agree upon the manner, as well as terms and conditions of delivery, payment, etc., as specified in respect thereof in their Listings on the Website.
8.1 Despite our best efforts, a small number of the many Productslistedon the Website are mispriced. However, we verify prices as part of our dispatch procedures. If aProduct’s correct price is lower than our stated price, we charge the lower amount and send you the Product. If a Product’s correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
9.1 All purchases on the Website are a firm commitment to purchase. If you are the purchaser for any Item, you are obligated to complete the purchase transaction.
9.2 All Listings on the Website are merely “offers” for sale of the Items mentioned therein; and, in no case, we are obligated or bound to supply those Items if ordered by you. By placing your order for purchase of an Item you agree to be bound by the conditions of sale included in the Item’s description (or linked to from the description); however, we are not bound to supply the ordered Item unless and until your order is accepted by us.You will receive a confirmation email from us if your order is accepted; otherwise, it shall be deemed to have been rejected/cancelled by us.
9.3 We strongly advise you not to test the Website with false purchases, as it will put you at substantial personal legal risk. It is an offence to use a false name, other false personal information. Willfully entering erroneous or fictitious information may result in prosecution by us.
9.4 Please note that in the event any inaccurate information is provided by you regarding your identity, your Web browser transmits a unique address to us, which can be used by law enforcement officials to identify you.
9.5 In case of purchase of anyItem which is marked as “non-exportable” on the Website or it is illegal to export the same, you agree that the said Item shall not be exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed thereunder.
10.1 Title and risk of loss for all Products ordered by you shall pass on to you upon ourhanding them over to the shipping carrier/courier.
- PROMOTIONAL DISCOUNTS, OFFERS, SCHEMES AND CONTESTS
11.1 We may from time to time offer promotional discounts which may apply in respect of any, or certain specified, purchases made though the Website.Discount coupons or vouchers may alsobe offered to the Users by us or our partner websites.
11.2 We may introduce various promotional offers or schemes at different times. The terms and conditions for such offers or schemes shall be separately available on the Website.
11.3 We reserve the right to change/modify/add/delete any of the terms and conditions prevailing on the different promotional offers or schemes we introduce from time to time. We, at our discretion, can withdraw a particular promotional offer/scheme from the Website, or to replace, wholly or in part, any promotional offer/scheme by another promotional offer/scheme, whether similar to the original promotional offer/scheme or not, at any time without any prior information to the Users.
11.4 Discounts will be applied to the total merchandise value including VAT and applicable taxes. Issuance or redemption of a voucher or coupon will apply to the total value of the qualifying order once all promotional discounts have been applied.
11.5 Discounts up to certain percentage do not imply that any or all Products are available on that particular percentage of discount. By way of example, without limitation, aphrase like “Discount up to 50%” does not imply that all Products are on 50% discount.
11.6 Only one discount voucher/coupon can be used per order unless otherwise stated.
11.7 Promotional offers and discounts may be combined only at our sole discretion.
11.8 In case of any query pertaining to use of coupon/voucher or regarding discounts, please email your queries to cc@GOOMFY.com or call us at +91-8053096538/39on Business Days from 9:00 AM to 6:00 PM I.S.T.
11.9 Spark Internationalwill only honour vouchers/coupons which are issued or published directly by us or our partner websites.
11.10 We reserve the right to cancel any orders placed using promotional vouchers/coupons or discount schemes. Some situations where your order may be cancelled; include, without limitation, misuse of any promotional vouchers/coupons, unauthorized usage of vouchers/coupons or inaccuracies of voucher/coupon pricing and value thresholds. The voucher/coupon amount will not be refunded for such cases.
11.11 Suitable legal action will be taken against websites involved in unauthorized publication of our vouchers/coupons.
11.12 While participating in any contest on the Website, you hereby agree to release and hold Spark International(and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand; including, but not limited to, reasonable attorneys’ fees, arising out of or related to your participation in the said contest.
11.13 All promotional offers, schemes, discounts and coupons/vouchers are non-transferable and have no cash value.
- END OF SEASON SALE
12.1 The End of Season Sale (“EOSS”) runs till stock lasts. Sale up to 50% off does not imply that all Products are on 50% discount. EOSS is on selected Products but this number will change as and when stock levels decrease. EOSS is applicable only in India.
12.2 EOSSdiscounts apply to selected items only. Although there may be many Products on EOSS, but there might be some exclusion/s.
12.3 Any discount coupons/vouchers cannot be used against EOSS/discounted Products.
12.4 We reserve the right to extend or terminate the EOSS without prior information at any point of time.
12.5 We reserve the right, at any time, to amend/add/remove/modify (in whole or part) any of the terms & conditions of EOSS, or to withdraw it altogether, and our decision in this regard shall be final, and requires no intimation to the Users.
12.6 In case of any further query pertaining to EOSS, please email your queries to cc@GOOMFY.com or call us at +91-8053096538/39on Business Days from 9:00 AM to 5:00 PM I.S.T.
- CANCELLATION OF ORDERS BY US
13.1 To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, we reserve the right to cancel all past, pending and future orders without any liability.
13.2 We also reserve the right to refuse or cancel orders in scenarios like inaccuracies in pricing of Product on the Website and stock unavailability.
13.3 We may also require additional verifications or information before accepting any order, and in case you fail to provide the same, we reserve the right to cancel the 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.
13.4 We may cancel any orders that classify as “Bulk Order” under certain criteria at any stage of the Product delivery. An order can be classified as “Bulk Order” if it meets with the below mentioned criteria, and any additional criteria as defined by us:
(a) Products ordered are not for self-consumption but for commercial resale.
(b) Multiple orders placed for same Product at the same address, depending on the Product category.
(c) Bulk quantity of the same Product ordered.
(d) Invalid address given in order details.
(e) Any malpractice used to place the order.
13.5 Any promotional discount voucher used for the cancelled orders will not be refunded.
- REPLACEMENT POLICY
14.1 As per our replacement policy, if you receive a Product which is not as per the specifications ordered by you; viz., wrong size, wrong colour, defective or significantly different from the description given on the Website, and you intimate such shortcoming to us in writing within 24 hours of receiving the Product; such Product can be replaced, or if its replacement is not available, your money will be refunded, within 10 days of such intimation being received or within 5 days of such Product being returned to us, whichever is later, in accordance with our Return Policy, as posted from time to time on the link return policy. However, do make sure that the Product has not been used/worn or altered, and that it is accompanied by its original price tag and packing slip. Please contact our customer care team, so that we can help facilitate your return.
14.2 Products purchased by you during the period of any promotional offer/scheme or EOSS, if returned for aforesaid reasons, shall not be replaced at the discounted price at which you purchased them. Their replacement, subject to availability in stock, shall be provided by us at their original/non-discounted price, in which event you agree and undertake to pay the difference between their discounted and original/non-discounted prices.
- OWNERSHIP OF MATERIALS ON THE WEBSITE
15.1 Spark Internationalis, unless otherwise stated, the owner or licensee of all copyright and database rights in the Website and its contents. You may not publish, distribute, extract, re-utilize, or reproduce any part of the Website in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in Section 12 hereof or as permitted by theIndian Copyright Act, 1957or The Trademark Act, 1999 as applicable or any equivalent legislation as may apply in India.
16.1 The contents of the pages of the Website solely belong to Spark International. Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
(a) You may make copies of the Website as necessary incidental acts during your viewing of it, and you may take a print for your personal use of so much of the Website as is reasonable for private purposes.
(b) You may recopy the material to individual third parties for their personal information only, but only if:
(i) You acknowledge the web pages of Spark Internationalas the source of the material. You must include such acknowledgement along with the top-level URL from the Website in the copy of the material; and
(ii) You inform the third party that these conditions apply to him or her and that he/she must comply with them. This license to recopy does not permit incorporation of the material or any part of it in any other work or publication, whether in hard copy or electronic or any other form. In particular (but without limitation) no part of a page from the Website may be distributed or copied for any commercial purpose.No part of the Website may be reproduced or transmitted to or stored in any other web site or other form of electronic retrieval system.
- LINKS TO THIRD PARTY SITES
17.1 The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of Spark Internationalor the Website, and we are not responsible for the contents of any Linked Site; including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Weare not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The Website provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us or the Website of the Linked Sites or any association with their operators or owners including the legal heirs or assigns thereof. Users are requested to verify the accuracy of all information on their own before placing any reliance on such information.
- DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
18.1 IT IS THE USER’S RESPONSIBILITY TO LOGIN EARLIER IF THEY WANT TO AVAIL BETTER PRODUCTS OR STYLES BECAUSE SALE OF PRODUCTS ON THE WEBSITE IS “FIRST COME, FIRST SERVED”. THE MERCHANDISE IS NOT RE-STOCKED ONCE SOLD OUT. NO INFORMATION REGARDING THE PRESENCE OF ANY PRODUCT IN OUR STOCK WILL BE GUARANTEED AND WE WILL ALERT YOU ONLY WHEN A PRODUCT IS SOLD OUT.
18.2 THE TERMS AND CONDITIONS FOR ANY DISCOUNT SHALL BE SEPARATELY AVAILABLE ON THE WEBSITE. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS HEREOF AND THE TERMS AND CONDITIONS PERTAINING TO ANY DISCOUNT, THE LATTER SHALL PREVAIL.
18.3 WE, OUR SUPPLIERS, AFFILIATES, ASSOCIATES AND SERVICE PROVIDERS PROVIDE THEWEBSITE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION – EXPRESS, IMPLIED OR STAUTORY – AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION WITH THIS USER AGREEMENT OR THE WEBSITE; INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
18.4 WE, OUR ASSOCIATES, AFFILIATES, ASSOCIATES AND SERVICE PROVIDERS AND TECHNOLOGY PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, AND/OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE WEBSITE OR THAT THE OPERATION OF THE WEBSITE WILL BE ERROR-FREE AND/OR UNINTERRUPTED. YOU EXPRESSLY AGREE THATIN NO EVENT SHALL WE OR OUR SUPPLIERS, AFFILIATES, ASSOCIATES AND SERVICE PROVIDERS BE RESPONSIBLE OR LIABLE – WHETHERIN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE – UNDERANY CIRCUMSTANCES, FOR ANY MONETARY OR OTHER LOSSES OR DAMAGES SUFFERED BY YOU ON ACCOUNT OF: (A) DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE; (B) ANY INTERRUPTION OR ERRORS IN OPERATION OF THE WEBSITE;(C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (D) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (E) DEALINGS WITH OR THE PRESENCE OF THIRD PARTY WEBSITE LINKS ON THE WEBSITE; (F) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM LINKED SITES (G) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (GOOMFY) EVENTS BEYOND OUR REASONABLE CONTROL.
18.5 FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND; INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, SERVICES, PRODUCTSOR YOUR USE THEREOF OR THIS USER AGREEMENTREGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT YOU HAVE ACTUALLY PAID TO US FOR PURCHASE OF ANY PRODUCT ON OR FROM THE WEBSITE.
18.6 YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE WEBSITE OR THIS USER AGREEMENT AND GOOMFY RULES & POLICIES MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
19.1 You agree to indemnify, defend and hold harmless usand (as applicable) ourparent, subsidiaries, affiliates, associates, and their respective shareholders, officers, directors, agents, and employees,from and against any and all losses, liabilities, claims or demands, damages, costs and expenses or legal actions (including legal/attorney’s fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by usthat arise out of, result from, or may be payable due to, your breach or non-performance of any of the terms of this User Agreement, GOOMFY Rules & Policies, or the documents they incorporate by reference, or your violation of any law, rules or regulations or the rights of a third party.
19.1 You further release and indemnify Spark Internationaland/or any of its partners, officers, employees 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.
20.1 We may suspend or terminate your use of the Website or any Service if we believe, in our sole and absolute discretion, that you have breached any of the terms hereof.
20.2 If weterminate your use of the Website or any Service, we may delete any content or other materials relating to your use of the Service and we will have no liability to you or any third party for doing so.You shall be liable to pay for any Service or Product that you have already ordered till the time of termination.
22.1 Without limiting other remedies, we may limit your activity, immediately remove Your Information, warn other Users of your actions, temporarily/indefinitely suspend and/or refuse to provide you with access to the Website if:
(a) you breach this User Agreement, or GOOMFY Rules & Policies, or the documents, agreements, rules, policies, terms and conditions as incorporated herein by reference;
(b) we are unable to verify or authenticate any information provided by you; or
c) it is believed that your actions may cause legal liability for other Users or the Website. We may at any time at our sole discretion reinstate suspended Users.
22.2 Notwithstanding the foregoing, if you breach the User Agreement or any other documents it incorporates by reference, we reserve the right to recover any amounts due and owing by you to us, and take strict legal action; including, but not limited, to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
22.3 We reserveour right to initiate civil and/or criminal proceedings against a User, who files an invalid and/or false claim or provides false, incomplete, or misleading information.Any person, who knowingly; and, with an intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information shall be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.
23.1 Relationship: None of the provisions of this User Agreement shall be deemed to constitute a partnership or agency between you and Spark International, and you shall have no authority to bind Spark International in any manner whatsoever.
23.2 Notices: Any notices shall be given by postal mail to “Legal Department, Spark International, 4th Floor, Krishna Tower, Reliance Fresh Building, Krishna Nagar, Hisar-125001(Haryana)” (in case of Spark International) or to the email address you provide to us during the ordering process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by registered post, postage prepaid and return receipt requested, to the address provided to us during the ordering process. In such case, notice shall be deemed given 3 days after the date of mailing.
23.3 Severability: If any provision of this User Agreement is determined to be invalid, void or for any reason unenforceablein whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions hereof shall continue to be in full force and effect.
23.4 Entire Agreement: This User Agreement, GOOMFY Rules & Policies and the documents they incorporate by referenceset forth the entire understanding and agreement between you and us with respect to the subject matter hereof.
23.5 Assignment: You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. We may transfer and/or assign our rights and obligations under this User Agreement without your prior express consent, provided that we assign it on the same terms or terms that are no less advantageous to you.
- DISPUTE RESOLUTION
24.1 Generally, transactions are conducted smoothly on the Website; however,in case the Users raise disputes, we have a Dispute Resolution Process in order to resolve such disputes. Whenever there is a disagreement relating to any transaction, the Users can write to cc@GOOMFY.com in order to raise a dispute.
24.2 In accordance with Information Technology Act, 2000and rules made thereunder, the name and contact details of the Grievance Officer aregiven below:
4th Floor, Krishna Tower
Reliance Fresh Building
Krishna Nagar, Hisar-125001(Haryana)
25.1 If any dispute arises between you and Spark Internationalduring your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this User Agreement, GOOMFY Rules & Policies, or the documents they incorporate by reference, and/or any dispute reported to our Grievance Officer is not resolved; the same shall be referred to a Sole Arbitrator who shall be an independent and neutral third party identified by Spark International.
25.2 The place of arbitration shall be Hisar,Haryana, India.
25.3 The arbitration proceedings shall be in the English Language and shall be governed by the Arbitration & Conciliation Act, 1996, as amended up-to-date.
- GOVERNING LAW AND JURISDICTION
26.1 This User Agreement, GOOMFY Rules & Policies and the documents they incorporate by reference shall be governed and construed in accordance with the laws of India.
26.2 Subject to Section 25hereinabove, all disputes arising between you and Spark Internationalshall be subject to the exclusive jurisdiction of courts at Hisar, Haryana, India.