TERMS AND CONDITIONS
Welcome to the Shyaway.com, service provided by Genxlead Retail Private Ltd . In using the Shyaway.com service, of Genxlead Retail Private Ltd . Devapragasam Trade Center, Madura Gardens, No.15/491, 2ND Floor, "A" Portion, Poonamalle High Road, Maduravoyal, Chennai – 600 095, you are deemed to have accepted the terms and conditions listed below:All products/services and information displayed on Shyaway.com constitute an "invitation to offer".
Your order for purchase constitutes your "offer" which shall be subjectto the terms and conditions as listed below. Shyaway.com reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Shyaway.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.
When you use Shyaway.com or any partner site of Shyaway.com ("Shyaway.com" together represents this website, promoters/owners of this website and affiliates/subsidiaries/agents/representatives of this website and/or its promoters), it is understood that the usage is subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). In addition, when you use any Shyaway.com service (e.g., Customer Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Shyaway.com reserves the right to change these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. Use of the Website("Site")
You represent and warrant that you are at least 18 years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Shyaway.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Shyaway.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by Shyaway.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by Shyaway.com in advance. Shyaway.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Shyaway.com believes that customer conduct violates applicable law or is harmful to Shyaway.com's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
Shyaway.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and Shyaway.com has no obligation to investigate the authorization or source of any such access or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BYANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Shyaway.com of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
2. Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide Shyaway.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non-proprietary, and Shyaway.com shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of Shyaway.com and shall not be returned to you.
3. Risk of Loss & Other Terms of Sale
The risk of loss and title for items purchased by you is passed to you upon Shyaway.com's delivery of the items to the carrier pursuant to Shyaway.com's standard terms of sale.
4. Termination and Effect of Termination
In addition to any other legal or equitable remedies, Shyaway.com may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Site and Shyaway.com shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Site in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
5. International Access
This Site may be accessed from countries other than India. This Site may contain products or references to products that are not available outside of India. Any such references do not imply that such products will be made available outside India. If you access and use this Site outside India you are responsible for complying with your local laws and regulations.
6. Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY SHYAWAY.COM ON AN "AS IS" BASIS. SHYAWAY.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SHYAWAY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. SHYAWAY.COM DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHYAWAY.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHYAWAY.COM'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO SHYAWAY.COM DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO SHYAWAY.COM'S LIABILITY.
7. Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Shyaway.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Shyaway.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If have already been charged for the purchase and your order is canceled, Shyaway.com shall immediately issue a credit to you in your account to the amount of the charge.
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Shyaway.com is not responsible for the operation of or content located on or through any such site.
9. Copyright complaints
Shyaway.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected]
You agree that Shyaway.com's remedy at law for any actual or threatened breachof this Agreement would be inadequate and that Shyaway.com shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Shyaway.com may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.No right or remedy of Shyaway.com shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.No instance of waiver by Shyaway.com of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
11. Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Shyaway.com with respect to the Shyaway.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Shyaway.com with respect to the Shyaway.com sites/services. Shyaway.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
12. Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
- sending unsolicited email, including promotions and/or advertising of products or services;
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Shyaway.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Shyaway.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Google Chrome).
13. Objectionable material
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Shyaway.com and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.It should be noted that Shyaway.com is purely an e-shopping website and is NOT intended to be an adult site or any site which encourages or promotes access, promotion or sale of pornographic, adult or any sort of objectionable materials. Shyaway.com is committed to sell products which are legally allowed for sale in India and are embarrassing to purchase from retail shops despite being widely available at retail shops.
14. Copyright & Trademark
Shyaway.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Shyaway.com or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Shyaway.com. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Shyaway.com. You may not modify, distribute or re-post anything on this website for any purpose.
The Shyaway.com names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Genxlead Retail Pvt. Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Shyaway.com endorsement, sponsorship or recommendation of the third party, information, product or service.
Shyaway.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only.
No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Shyaway.com or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Shyaway.com ,one of its affiliates or by third parties who have licensed their materials to Shyaway.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Shyaway.com and is also protected by Indian and international copyright laws.
15. Disputes and Jurisdiction
In case of any breach of terms or violation of the Agreement, you agree to notify Shyaway.com in private about the possible breach and give it at least 90 days to investigate and rectify any such breach or violations. In an unlikely event of failure by Shyaway.com to do so, you agree to serve Shyaway.com a legal notice clearly mentioning and evidencing such breach and give Shyaway.com minimum 90 further days to explain the cause and rectify the breach (if applicable and under the control of Shyaway.com). This should be sent to us over email: [email protected]
In case of a settlement not having been reached, you may initiate legal action or lodge a complaint against Shyaway.com at the appropriate Court of Law or authorities like the Consumer Court. This Agreement shall be construed in accordance with the applicable Laws and Constitution the Republic of India and is subject to the exclusive jurisdiction of the Honorable Courts of Tamil Nadu only.
You agree to defend, indemnify and hold harmless Shyaway.com, its employees, directors, officers, agents, representatives, business partners, service providers and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Shyaway.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
17. PRICING INFORMATION
While Shyaway.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Shyaway.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Shyaway.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, Shyaway.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Shyaway.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Shyaway.com accepts your order, the same shall be debited to your account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Shyaway.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your account.
We strive to provide you with the best prices possible on Shyaway.com as well as in all our stores Shyaway.com. However, sometimes a price online does not match the price in a store. Prices and availability are subject to change without notice.
CANCELLATION BY SHYAWAY
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your account.
CANCELLATION BY CUSTOMER
In case we receive a cancellation notice and the order has not been shipped by us, we shall cancel the order and refund the entire amount to the wallet. The orders that have already been shipped out by us will not be cancelled and you will have to check our Return Policy. on those orders. The customer agrees not to dispute the decision made by Shyaway.com and accept Shyaway's decision regarding the cancellation.
YOU AGREE & CONFIRM
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Shyaway.com for redelivery shall be claimed from you.
That you will use the services provided by Shyaway.com, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. Shyaway.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Shyaway.com has the right in its sole discretion to reject the registration and debar you from using the Services of Shyaway.com and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
That Genxlead Retail Private Ltd. reserves the right to send transactional emails and SMS's related to any order placed by a customer and the customer agrees that the same will not tantamount to spam. By submitting your mobile number, you agree to receive calls/SMS's from Genxlead Retail Private Ltd. or its authorized representative, irrespective of your registration on Do Not Disturb (DND) with your telecom service provider.
That you agree to receive calls from Genxlead Retail Private Ltd. and its agents, merchants, courier partners seeking clarification/information regarding your order and any other related information as and when required and disclaim any liability of Genxlead Retail Private Ltd. in this regard.
YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence and results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Site.
- Breaching any applicable laws.
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.