Privacy Policy Page
ARTICLE 1
OBJECT
THIS PRIVACY POLICY (“POLICY”) IS MADE IN COMPLIANCE TO THE REQUIREMENTS OF THE INFORMATION TECHNOLOGY ACT 2000 AND OTHER APPLICABLE LAWS OF INDIA. PLEASE READ THIS POLICY CAREFULLY. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS MENTIONED HEREUNDER (“TERMS''). YOU HEREBY CONSENT TO OUR COLLECTION, USE AND/OR SHARING THE DISCLOSURE OF YOUR INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. WE RESERVE THE RIGHT TO CHANGE, MODIFY, ADD OR DELETE WHOLLY OR PARTIALLY THE TERMS OF THIS PRIVACY POLICY, AT OUR SOLE DISCRETION unilaterally.
AT ANY TIME, IF YOU USE THE WEBSITE ON BEHALF OF THE PRINCIPAL/EMPLOYER (A REGISTERED ENTITY, FIRM CONCERN OR EVEN AN INDIVIDUAL), YOU REPRESENT THAT YOU ARE AUTHORIZED BY SUCH PERSON TO (I) ACCEPT THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY AND (II) CONSENT ON BEHALF OF SUCH PERSON TO THE COLLECTION, USE AND DISCLOSURE OF SUCH INFORMATION AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THIS WEBSITE.
THIS POLICY SHALL BE APPLICABLE TO ALL THE USERS WHO ACCESSES THIS WEBSITE THROUGH ANY ELECTRONIC DEVICE/ MODULE OR APPLICATION..
The Privacy Policy of the Website detailed herein below governs the collection, possession, storage, handling and dealing of personal identifiable information/data and sensitive personal data (hereinafter collectively referred to as “Information”) of the users of the Website.
For the purpose of this Policy, wherever the context so requires,
1. The term ‘you’, ‘your’ and ‘user’, shall mean any legal person or entity accessing or using the services provided by the company, who is competent to enter into binding contracts
2. The terms ‘we’, ‘us’, ‘our’ shall mean the Company, as the context so requires.
ARTICLE 2
COLLECTION OF INFORMATION
We confirm that we collect the Information as stated herein below from you, which is required for technical administration and the security of the Website and services offered on the Website.
a. At the time of signing up and registration with the Website, we collect user Information including and not limited to name, company name, e-mail address, phone/mobile number, postal address, payment details, financial details and other business information (as may be required from time to time), which may also include statutory details and other crucial sensitive data, which you will like to protect.
b. In this regard, we may also record conversations and archive correspondence between users and the representatives of the Website (including the additional information, if any)
c. We may collect Information of more sensitive nature, which includes bank account numbers and related details to facilitate your activities on the Website. The information provided by you shall be stored and possessed in order to provide you with the requested services and as may be required for compliance with statutory requirements.
d. We retain Information provided by the user for as long as the Information is required for the purpose of providing services to you or where the same is required for any purpose for which the Information can be lawfully processed or retained as required under any statutory enactments or applicable laws.
e. Users may also choose to deactivate their accounts on the Website. We will evaluate such requests on a case-to-case basis and take the requisite action as per applicable laws. In this regard, please note that Information sought to be deleted may remain with us in our archives for the purpose of compliance of statutory enactments, or for any other lawful purpose.
f. We collect other kinds of Information from you or other sources, which we refer to as “Other Information” in this Policy, which may include but is not limited to:
i. Information about your use of the Services such as usage data and statistical information, which may be aggregated.
ii. Browsing history on the Website
iii. Internet Protocol/IP address, which is a unique string of numbers automatically assigned to your device whenever you access the Internet.
iv. Internet connection means, such as internet service provider/ISP, mobile operator, WiFi connection and International Mobile Equipment Identity/IMEI.
v. Information collected through the use of cookies, device ID tracking, anonymous identifiers and other technologies, including Information collected using such methods and technologies about (i) your visits to the Booking Platform and engagement with, the Services, content and ads on third party websites, applications, platforms and other media channels, and (ii) your interaction with e-mails including the content and ads therein.
vi. Device type, settings and software used.
vii. Web Beacons, which are electronic files that allow a website to count users who have visited that page or to access certain cookies.
viii. Mobile analytics to understand the functionality of our mobile applications and software on your phone.
Under certain circumstances and depending on applicable law, some of this Other Information may constitute Personal Information. Personal Information together with Other Information is hereinafter referred to as “User Information”.
“Process”, “Processing” or “Processed” means anything that is done with any Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
ARTICLE 3
PURPOSES AND USAGE OF INFORMATION
i. The Information collected by us is not limited to the purposes stated herein below:
i. For the verification of user’s identity, eligibility etc. and for registration of the user and to provide customized services to the users.
ii. For facilitating the services offered/available on the Website.
iii. For advertising, marketing, displaying & publication.
iv. For enabling communication with the users of the Website, so that the users may fetch maximum business opportunities.
v. For generating business enquiries and trade leads.
vi. For sending communications, notifications, newsletters and customized mails etc. to the users of the Website.
ARTICLE 4
DISCLOSURE OF INFORMATION
a. The Information which we may collect from You may be disclosed to our Affiliates , or to the third party or associated service providers who are providing services to us or to you directly or through their authorized representatives. This Information may be shared with any of the following:
i. Affiliated entities;
ii. Government or regulatory or law enforcement agencies, as mandated under statutory enactment, for verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offenses.
iii. Service provider including but not limited to payment, customer and cloud computing service provider (“Third Party”);
iv. Business partners for sending their business offers to the users, which are owned and offered by them solely without involvement of the Website.
b. Links to the third parties may be made available at various instances depending on whether the user is a seller or a buyer on the Website. We hereby declare that We do not have any control over such Third Party Websites directly or indirectly. The usage of such Websites by the user will be governed by the terms of use declared by such Third-Party Website s. The present Privacy Policy shall not apply to usage of such Third-Party Websites that you will visit. The users of such Websites are cautioned to read the privacy policies and related terms and conditions of that Website.
c. Please get in touch with us at the 7 working days in case you have any objections, or you discover any untoward material, or you suspect an activity or if you require any support or Information to any purpose of data processing. However, please note that if you object or withdraw consent to process data as above, we may discontinue providing you with services through our Website.
d. We shall not disclose any Information received by You further unless the third parties are reliable and agree to abide by the Privacy Policy of the Website.
e. Data Security: We have implemented reasonable technical and organizational security measures to protect your User Information. Please ensure that any Personal Information that you send to us is sent in a secured manner.
f. Consent - By accessing the Website, you hereby consent to the use, processing and/or disclosure of Personal Information only for the purposes described herein and to the extent such use or processing is necessary for us to carry out our duties and responsibilities under any contractual arrangement, any applicable Statement(s) of Work, or as required by law.
g. Data Accuracy: We take every reasonable step to ensure that your User Information that we Process is accurate and, where necessary, kept up to date, and any of your User Information that we Process that you inform us is inaccurate (having regard to the purposes for which they are processed) is erased or rectified.
h. Data Minimisation: We take every reasonable step to ensure that your User Information that we Process is limited to the User Information reasonably necessary in connection with the purposes set out in this Policy or as required to provide you services or access to the Services.
i. Data Retention: We take every reasonable step to ensure that your User Information is only retained as long as they are needed to be in compliance or as prescribed under the law of India for time being in force.
j. The criteria for determining the duration for which we will keep your User Information are as follows: we will retain copies of your User Information in a form that permits identification only for as long as is necessary in connection with the purposes set out in this Policy, unless applicable law requires a longer retention period. Unless there is a specific legal requirement for us to keep the Information, we plan to retain it for no longer than is necessary to fulfill a legitimate business need.
ARTICLE 5
REASONABLE PROTECTION
i. We employ commercially reasonable and industry-standard security measures and technologies to prevent any form of unauthorized access or usage of user’s Information and maintain data accuracy and ensure proper use of user’s Information we receive.
ii. We recommend that registered users not share their Website’s account password and also to sign out of their account when they have completed their work. This is to ensure that others cannot access Information of the users if the user shares the computer with someone else or is using a computer in a public place or otherwise.
iii. We would recommend you keep your details confidential and Users shall not use/ abuse the Website in any manner and shall not divulge in an illegal act or contribute or abet or perform any act which will be considered as a compromise with the Website.
ARTICLE 6
COOKIES
We, and third parties with whom we partner, may use cookies, “flash cookies” and similar files or technologies to collect and store Information in respect to your use of the Website and track your visits to third party Websites. We also use cookies to recognize your browser software and to provide features such as recommendations and personalization. Third parties whose products or services are accessible or advertised through the Websites, including social media Websites, may also use cookies or similar tools, and we advise you to check their privacy policies for Information about their cookies and the practices followed by them. We do not control the practices of third parties and their privacy policies which govern their interactions with you.
ARTICLE 7
YOUR RIGHTS
Unless subject to an exemption, you have the following rights with respect to your personal data:
i. The right to request a copy of your personal data, which we hold about you;
ii. The right to request for any correction to any personal data if it is found to be inaccurate or out of date;
iii. The right to withdraw your consent to use the personal data at any time;
iv. The right to object to the processing of personal data;
v. The right to lodge a complaint with a supervisory authority
ARTICLE 8
DATA TRANSFERS
User Information that we collect may be transferred to, and stored at, any of our affiliates, partners or service providers which may be inside or outside the country you reside in for legitimate purposes. By submitting your personal data, you agree to such transfers.
Article 9
QUESTIONS
Please contact us regarding any questions, clarifications, or grievances through our support email.
ARTICLE 10
MATTER OF DISPUTES AND JURISDICTIONAL ASPECTS
a. For any kind of legal dispute, if it arises, it would be dealt with only in the territory of India. All the legal issues are subjected only to pertinent contemporary laws in force at Bangalore to the jurisdiction of courts located in Bangalore only.
b. This Privacy Policy and the Terms of Use, and any dispute or matter arising from incidental use is governed by the laws of India and the User and the Company hereby submit to the exclusive jurisdiction of the courts at Bangalore, India. This Privacy Policy, accepted upon use of the Website and further affirmed by becoming a Registered User of the Website, contains the entire agreement between you and Website regarding the use of the Website and/or the services provided on the Website. If any provision of this Privacy Policy is held invalid, the remainder of this Privacy Policy shall continue in full force and effect.
ARTICLE 11
GRIEVANCE OFFICER
Should you have questions about this Privacy Policy or the Information collection, use and disclosure practices, you may contact the Grievance Officer appointed by us. The Officer will respond to the queries within 7 working days of receiving the queries. If you have any grievance with respect to our use of your Information, you may communicate such grievance to the Grievance Officer. In accordance with the applicable laws, the name and details of the Grievance officer are provided below:
Name:
Email Address:
ARTICLE 12
CHANGES IN PRIVACY POLICY
The policy may change from time to time, so users are requested to check it periodically.
Buyer Agreement for GraceNGlam by Vijaya Pvt Ltd
Introduction
This Buyer Agreement (the "Agreement") is between you, the Buyer, and GraceNGlam by Vijaya Pvt Ltd (GraceNGlam by Vijaya Pvt Ltd), the owner and operator of the GraceNGlam by Vijaya Pvt Ltd platform (the "Platform"). The Platform is an online marketplace where Buyers can purchase Materials from Sellers.
Acceptance of Agreement
By accessing or using the Platform, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you do not have the right to access or use the Platform.
Additionally, in the event GraceNGlam by Vijaya Pvt Ltd or a third party provides/makes available third-party services, such services made available by the third party on the Website, shall be subject to terms, guidelines and conditions published on their Website and made available to the Buyer. GraceNGlam by Vijaya Pvt Ltd does not represent, takes liability, in anyways either directly or indirectly control, or conduct any activities thereto or otherwise.
We would like to assure the Buyer that our policies are intended to (i) follow laws and regulations; (ii) minimize risks to buyers and sellers; (iii) make sure that no one has an unfair advantage (iii) create an enjoyable buying experience; (iv) protection of Intellectual Property Rights.
GraceNGlam by Vijaya Pvt Ltd retains the right to, at any time at GraceNGlam by Vijaya Pvt Ltds’ sole discretion, deactivate or otherwise restrict Buyer from accessing or using the Website in the event of: (i) a violation of this Agreement, (ii) Buyer’s disparagement of GraceNGlam by Vijaya Pvt Ltd, (iii) Buyer’s violation of laws, or violations of the Terms of Use as set forth within the Platform, or (iv) Buyer’s act or omission that causes harm to GraceNGlam by Vijaya Pvt Ltds’ brand, reputation or business, each as determined by GraceNGlam by Vijaya Pvt Ltd in its sole discretion. GraceNGlam by Vijaya Pvt Ltd also retains the right to deactivate or otherwise restrict Buyer from accessing or using the Website for any other reason at the sole and reasonable discretion of GraceNGlam by Vijaya Pvt Ltd.
1. Website Access: User Accounts
1. In order to access the Website and/or Marketplace Services offered on and through the Website, you must register on the Website to create an account. You shall be solely responsible for maintaining the confidentiality and security of the account, and for all activities/transactions that occur on or through the account, and you agree to immediately notify the Website of any security breach of your account.
2. GraceNGlam by Vijaya Pvt Ltd shall not be responsible for any losses arising out of the unauthorized use of your account. As an account holder and user of the Website, you agree to comply with these guidelines and you acknowledge that GraceNGlam by Vijaya Pvt Ltd has the right to enforce those guidelines, as it deems appropriate in its sole discretion. You agree to provide accurate and complete information when you register with, and as you use, the Website ("Registration Data"), and you agree to update your Registration Data to keep it accurate and complete. You agree that GraceNGlam by Vijaya Pvt Ltd may store and use the Registration Data you provided for maintaining the Buyer’s account.
2. Use of Website Content
1. Except as expressly provided in these Guidelines or the Terms of Use, no part of the Website 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, Web site or other medium for publication or distribution or for any commercial enterprise, without GraceNGlam by Vijaya Pvt Ltd’s express prior written consent from the authorized person.
2. Restricted Activities:
i. You may 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 Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website.
ii. GraceNGlam by Vijaya Pvt Ltd reserves the right to bar any such activity. You may 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 GraceNGlam by Vijaya Pvt Ltd server, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
iii. You may 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 the Website, or any other customer of GraceNGlam by Vijaya Pvt Ltd, including any GraceNGlam by Vijaya Pvt Ltd account 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 your own information, as provided for by the Website.
iv. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or GraceNGlam by Vijaya Pvt Ltd’s systems or networks, or any systems or networks connected to the Website or to GraceNGlam by Vijaya Pvt Ltd. You agree not to use any device, software or router 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.
v. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to GraceNGlam by Vijaya Pvt Ltd 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.
vi. You may not use the Website Content for any purpose that is unlawful or prohibited by this Agreement, or to solicit the performance of any illegal activity or other activity, which infringes the rights of GraceNGlam by Vijaya Pvt Ltd or others. You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Website (or any part thereof) for any purpose. Your information and your activities on Website shall not, in GraceNGlam by Vijaya Pvt Ltd’s sole and reasonable discretion: (a) be false, inaccurate or misleading or reflect negatively on GraceNGlam by Vijaya Pvt Ltd; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising).
3. Our right to use Registration Data
GraceNGlam by Vijaya Pvt Ltd may use Registration Data in a number of different ways, including it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. As such, you hereby grant us the following licenses: (a) a nonexclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free license, with the right to sublicense through multiple levels of sublicenses, under your intellectual property rights, to make, use, have made, sell, offer to sell, copy, reproduce, distribute, publicly perform, publicly display, digitally transmit, modify, create derivative works of, import, and otherwise exploit, any suggestions or feedback you provide to us that result in modifications, improvements or enhancements to the Website: and (b) a royalty-free, transferable, sub-licensable, irrevocable, perpetual license to use or incorporate into the Website any suggestions, enhancement requests, recommendations or other feedback provided by You relating to the operation of the Website.
4. Ordering Process
1. Upon successful registration by the Buyer on the Website, the Buyer is enabled to view the Material(s) listing pages, wherein the quantity of Material(s) available for placing order(s) on listed price of the Material(s) available for the Buyers. The Buyer will be enabled to place an Order by providing quantity details.
2. Buyer cannot modify any Order or make any other changes after the confirmation & acceptance of Order by the Seller. If there are any modifications in the agreed Order, then the Buyer shall contact GraceNGlam by Vijaya Pvt Ltd within 24 hours from the time of the Order, in which case the Parties shall work together to modify the Order based on Seller’s dispatch status. In case of revised dispatch cost or any other cost implication, then such cost shall be borne by Buyer.
5. Delivery and Acceptance
1. The Buyer is required to provide the correct shipment details. In the event, there is an error in providing such shipment details, the Buyer shall be liable for any additional costs incurred.
2. Title to the Materials manufactured and /or sold by a Seller vests on the Buyer upon delivery, inspection and acceptance by Buyer, provided that Buyer has made the full payment for such Materials to GraceNGlam by Vijaya Pvt Ltd/Seller.
3. GraceNGlam by Vijaya Pvt Ltd shall cause the Seller to dispatch the Materials to the Buyer within 3 working days of the Order being placed by the Buyers through the Buyer’s account. Buyer shall notify GraceNGlam by Vijaya Pvt Ltd when the Materials have been received as per the Order. The Buyer may reject any portion of the Order of the Materials within 24 hours from the time of receipt of Material. If there is any mismatch from the original Order.
4. The Buyer is required to raise a formal complaint at contact@GraceNGlam by Vijaya Pvt Ltd.com within 24 hours from the delivery. Upon receipt of request from Buyer, GraceNGlam by Vijaya Pvt Ltd will work with the Seller in an effort to determine whether rejection is necessary or justified. In the event that the Materials are rejected in accordance with the terms herein, Seller shall refund as per clause 7 below .
6. Payments, Taxes & Refund Policy
1. You agree to pay the applicable charges for Materials you purchase through the Website. The charges paid by you shall be inclusive of applicable taxes or any such applicable charges that may attract for each transaction.
2. Your total price shall include the price of the Material (as per the Seller’s invoice) plus charges/ fees and any applicable taxes; such tax is based on the bill-to & ship –to address and the tax rate in effect at the time of Invoice. With regard to Order placement or Cancellation /the Prices for the Materials offered by Seller(s) will be a fixed via the Website may change at any time, and the Seller and/or GraceNGlam by Vijaya Pvt Ltd does not provide price protection or refunds in the event of a price reduction or promotional offering.
7. Cancellation, Refunds and Credits
1. Upon payment is made by you and transaction becoming successful, you cannot cancel an Order, unless GraceNGlam by Vijaya Pvt Ltd confirm to such technical errors (e.g. pricing and/or Material related errors) or the Order is in violation of this Agreement or any applicable law or regulations as stated in Clause 5.3 and 5.4 and subject to timeline stated in clause 7.2 below. If there are any errors in the Materials the Buyer should contact GraceNGlam by Vijaya Pvt Ltd immediately. If GraceNGlam by Vijaya Pvt Ltd in its sole discretion determines that the Buyer has unduly canceled an Order, GraceNGlam by Vijaya Pvt Ltd may temporarily or permanently deactivate or otherwise restrict Buyer from accessing or using the Website and/or suspend or terminate this Agreement, with reasonable written prior notice.
2. GraceNGlam by Vijaya Pvt Ltd is responsible for handling all refunds and refund requests pertaining to the Materials sold on the Website. You will have 2 working days from the date of delivery of the Material to request a refund. GraceNGlam by Vijaya Pvt Ltd has discretion to issue a credit or refund to you in the event that GraceNGlam by Vijaya Pvt Ltd determines that such credit or refund is appropriate. If a Material becomes unavailable following a transaction but prior to delivery, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your Material, your exclusive and sole remedy is to refund the price paid. Any payment made through the credit card, applicable fees shall be deducted while making the refund. Without any valid and approved reason for refund request will not be applicable.
3. In the event of damage/loss during transit, the Buyer shall immediately report the same to contact@GraceNGlam by Vijaya Pvt Ltd.com as per clause 5.4 above, along with photographs so as to enable GraceNGlam by Vijaya Pvt Ltd to lodge a claim with the insurance company [as may be applicable]. In case of Insurance claim’s GraceNGlam by Vijaya Pvt Ltd responsibility of processing refunds/reimbursement etc. shall be limited to the amount of claim approved and processed by the Insurance Service Provider. The timelines stated in Clause 7.2 above shall not apply to insurance claims.
8. Confidentiality
You further agree that the Website, (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable laws and same shall be maintained while you are associated with the Website. .
9. Intellectual Property Ownership
1. Technology. You acknowledge and agree that WEBSITE or its licensors own all legal right, title and interest in and to the Website, including any source code, data or other technical material related to the Website as well as any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist (“Website Content”).
2. Subject to the limited licenses set forth in these Guidelines and/or the Terms of Use, nothing in this Agreement transfers or assigns to you any of GraceNGlam by Vijaya Pvt Ltd’s intellectual property rights in our Website Content, GraceNGlam by Vijaya Pvt Ltd Marketplace Services, including, without limitation, any source code to other services provided by GraceNGlam by Vijaya Pvt Ltd or any third party service provider through the Website (collectively, "our Intellectual Property").
3. Trademarks - GraceNGlam by Vijaya Pvt Ltd, the GraceNGlam by Vijaya Pvt Ltd logo, and other GraceNGlam by Vijaya Pvt Ltd trademarks, service marks, graphics, and logos used in connection with the Website are trademarks or registered trademarks of GraceNGlam by Vijaya Pvt Ltd and/or its affiliates in other countries/jurisdictions.
4. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Website.
5. GraceNGlam by Vijaya Pvt Ltd has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe copyrights or other intellectual property rights of GraceNGlam by Vijaya Pvt Ltd and/or others.
10. REPRESENTATIONS AND WARRANTIES
1. The Buyer represents and warrants that the statements contained in this article 10 are true, correct and complete as on the date, the Buyer Registers with the Website
i. The Buyer has the full power and authority to enter into this Agreement and perform any obligations hereunder;
ii. The Buyer shall comply with all applicable laws and regulations governing this Agreement;
iii. In relation to the transactions contemplated in this Agreement, neither the Buyer, its directors, officers, or, to the knowledge of Buyer, any agent or affiliate of Buyer has made, offered or authorized or will make, offer or authorize any payment, gift, promise or other advantage, whether directly or through another person or entity, to or for the use or benefit of any government official or any entity or other person where such payment, gift, promise or any other advantage;
iv. The payments due for Orders shall be completed and/or fulfilled at the time of placing the Orders, without any delays; and
v. It will comply with the specifications set out in the Agreement and annexes hereto.
2. ONLY DISCLAIMERS OR LIMITATIONS THAT ARE LAWFUL AS PER APPLICABLE LAWS WILL APPLY TO YOU AND GraceNGlam by Vijaya Pvt Ltd’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE AND OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. EXCEPT AS EXPRESSLY STATED HEREIN, GraceNGlam by Vijaya Pvt Ltd DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GraceNGlam by Vijaya Pvt Ltd DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, OR ANY SERVICES THEREOF WILL OPERATE SECURELY OR WITHOUT INTERRUPTION. THE WEBSITE AND MARKETPLACE SERVICES PROVIDED BY GraceNGlam by Vijaya Pvt Ltd HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND THE GraceNGlam by Vijaya Pvt Ltd SITE AND EXTENSIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU ACKNOWLEDGE THAT YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISKS FOR YOUR USE OF THE GraceNGlam by Vijaya Pvt Ltd SITE AND ANY EXTENSIONS.
i. The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
ii. GraceNGlam by Vijaya Pvt Ltd reserves the right to do any of the following, at any time, with or without notice: (1) to modify, suspend operation of or access to the Website or any portion of the Website, for any reason; (2) to modify or change the Website or any portion of the Website, and any applicable policies or terms; (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non routine maintenance, error correction, or other changes; or (4) block any user’s right to access the Website or any user name, user handle or other identifier, which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity.
3. **Please check our website regularly for updates in this regard [Notice Dashboard]
11. LIMITATION OF LIABILITY
GraceNGlam by Vijaya Pvt Ltd, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES AND SUPPLIERS WILL HAVE NO DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER LIABILITY WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE BUYERS TRANSACTIONS ON THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LIABILITY AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN THE EVENT THAT THE ABOVE IS NOT ENFORCEABLE, GraceNGlam by Vijaya Pvt Ltd'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT, REGARDLESS OF THE NUMBER OF CLAIMS, RELATED OR NOT, IS LIMITED TO THE PAYMENT MADE BY YOU WITH RESPECT TO THE ORDERS PLACED BY YOU ON THE WEBSITE.
12. INDEMNITY
You agree to indemnify and hold GraceNGlam by Vijaya Pvt Ltd, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against GraceNGlam by Vijaya Pvt Ltd by any third party due to or arising out of or in connection with your use of the Website. BY USING WEBSITE, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST GraceNGlam by Vijaya Pvt Ltd, AND TO HOLD GraceNGlam by Vijaya Pvt Ltd HARMLESS AND INDEMNIFY GraceNGlam by Vijaya Pvt Ltd WITH RESPECT TO ANY CLAIMS RELATING TO ANY ACTION TAKEN BY GraceNGlam by Vijaya Pvt Ltd AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE GraceNGlam by Vijaya Pvt Ltd OR RECOVER ANY DAMAGES WHATSOEVER FROM GraceNGlam by Vijaya Pvt Ltd AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO WEBSITE, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF GraceNGlam by Vijaya Pvt Ltd’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
13. VIOLATION OF TERMS
GraceNGlam by Vijaya Pvt Ltd may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) GraceNGlam by Vijaya Pvt Ltd’s rights or property, or the rights or property of visitors to or users of the Website, including GraceNGlam by Vijaya Pvt Ltd’s customers. GraceNGlam by Vijaya Pvt Ltd reserves the right at all times to disclose any information that GraceNGlam by Vijaya Pvt Ltd deems necessary to comply with any applicable law, regulation, legal process or governmental request. GraceNGlam by Vijaya Pvt Ltd also may disclose your information when GraceNGlam by Vijaya Pvt Ltd determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes. You acknowledge and agree that GraceNGlam by Vijaya Pvt Ltd may preserve any transmittal or communication by you with GraceNGlam by Vijaya Pvt Ltd through the Website or any service offered on or through the GraceNGlam by Vijaya Pvt Ltd Site, and may also disclose such data if required to do so by law or GraceNGlam by Vijaya Pvt Ltd determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of GraceNGlam by Vijaya Pvt Ltd, its employees, users of or visitors to the Website, and the public.
14. Suspension or Termination
1. Termination by GraceNGlam by Vijaya Pvt Ltd. You agree that GraceNGlam by Vijaya Pvt Ltd may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated this Agreement or other agreements or guidelines, which may be associated with your use of the Website. You may not use the Website to impersonate or misrepresent yourself as another person, a GraceNGlam by Vijaya Pvt Ltd employee, or otherwise misrepresent your affiliation with a person or entity (GraceNGlam by Vijaya Pvt Ltd reserves the right at any time to reject, reclaim, modify or block any user, user name, user handle or other identifier, which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity, or for any other reason at GraceNGlam by Vijaya Pvt Ltd’s sole discretion). You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to GraceNGlam by Vijaya Pvt Ltd, for which monetary damages would be inadequate, and you consent to GraceNGlam by Vijaya Pvt Ltd obtaining any injunctive or equitable relief that GraceNGlam by Vijaya Pvt Ltd deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies GraceNGlam by Vijaya Pvt Ltd may have at law or in equity. You agree that GraceNGlam by Vijaya Pvt Ltd may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems. Without prejudice to GraceNGlam by Vijaya Pvt Ltd’s rights above, GraceNGlam by Vijaya Pvt Ltd can take any legal action against you as a result of your violation of this Agreement, and shall be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to GraceNGlam by Vijaya Pvt Ltd. You agree that GraceNGlam by Vijaya Pvt Ltd will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of this Agreement.
15. Your Termination.
You may terminate your account and/or stop using the Website at any time. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.
16. Effect of Termination.
Upon termination of your account, you lose all access to the Website, any data stored thereon, and your account name and Content. GraceNGlam by Vijaya Pvt Ltd will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Website.
17. No Agency
You and GraceNGlam by Vijaya Pvt Ltd are independent contractors, and this Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship. You will not represent otherwise.
18. Notices
GraceNGlam by Vijaya Pvt Ltd may send you notices with respect to the Website by publishing the same so as to make it visible upon access of the Account. Notice shall be deemed given 24 hours after such notification has been published on the Website/Accounts, as the case may be. Alternatively, we may give you notice by email at your registered e-mail address. In such a case, notice shall be deemed given immediately upon delivery.
19. Law and Venue
Upon completion of Registration formalities by the Buyer, these Guidelines will form a valid Agreement between GraceNGlam by Vijaya Pvt Ltd and the Customer and will be construed as if both parties jointly wrote it, governed by Indian law(s) except for its conflicts of laws principles, and any cause of action arising under or relating to this Agreement must be brought exclusively in a court in India.
20. Privacy Policy
You understand that by using the Website, you consent and agree to the collection and use of certain information about you and your use of the Website in accordance with GraceNGlam by Vijaya Pvt Ltd’s Privacy Policy. For more information, please read our full privacy policy.
21. MISCELLANEOUS
1. If any provision of this Agreement or any policies is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You may also be subject to separate terms that may apply when you use affiliate services, third party content, or third-party Website Content.
2. You agree that this Agreement and all incorporated agreements may be automatically assigned by GraceNGlam by Vijaya Pvt Ltd in our sole discretion.
3. This Agreement will bind your successors but may not be assigned, in whole or part, by you without the written approval of an authorized representative of GraceNGlam by Vijaya Pvt Ltd. Any non-conforming assignment shall be null and void.
4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
5. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. [8] (Confidentiality), [9] (Intellectual Property Ownership), [14] (Suspension or Termination), [7] (Refunds & Credits), [10] (Representation and Warranty), [11] (Limitation of Liability), [12] (Indemnity), [19] (Law & Venue), [20] (Privacy Policy) and [21] (Miscellaneous) respectively shall survive any termination or expiration of this Agreement. The parties hereto confirm that they have requested, acknowledge, and agree that this Agreement and all attachments and related documents be drafted in English.
22. Buyer agree to accept and authorize GraceNGlam by Vijaya Pvt Ltd for updating the status of each transaction activity through mobile SMS and email
Seller Agreement
This Seller Agreement (the "Agreement") is made and entered into as of [DATE] by and between GraceNGlam by Vijaya Pvt Ltd, Inc. (the "Company") and [SELLER NAME] (the "Seller").
1. BY REGISTERING FOR OR USING THE GRACEGLAM SELLER PLATFORM (THE "PLATFORM"), YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ALL POLICIES), EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE PLATFORM.
2 Eligibility
To use the Service, you must:
● Be at least 18 years old.
● Have a valid business, trade, or profession established and authorized to operate in India.
● Provide complete and accurate registration information.
● Meet all GraceNGlam by Vijaya Pvt Ltd eligibility requirements.
2.1 We reserve the right to refuse to provide or discontinue the Service to any person or entity, or close the Account of any person or entity, in each case at any time for any reason.
2.2 Account Registration
To register for an Account, you must provide the following information:
● Your name and contact information.
● Your business information, including your business name, tax ID number, and bank account information.
● Product information, such as descriptions, prices, and images.
Once you have provided the required information, we will review your application and approve or deny your Account. If your Account is approved, you will receive a confirmation email with your Account login credentials.
2.3 Account Management
You are responsible for managing your Account and keeping your Account information up-to-date. You can manage your Account through Seller Central.
2.4 Account Suspension or Termination
We may suspend or terminate your Account if you:
● Breach any of the terms of this Agreement.
● Engage in fraudulent or other illegal activities.
● Fail to comply with our policies and procedures.
● Fail to maintain an active Account.
If your Account is suspended or terminated, you will no longer be able to use the Service. We may also withhold any funds in your Account until all outstanding balances are paid and all disputes are resolved.
2.5 Account Transfer
You may not transfer your Account to another person or entity without our prior written consent.
2.6 Account Disputes
If you have any disputes about your Account, you must contact GraceNGlam by Vijaya Pvt Ltd customer support. We will use reasonable efforts to resolve any disputes.
2.7 Account Usage
You may only use your Account to sell products and/or services on the GraceNGlam by Vijaya Pvt Ltd Platform and to hold and transfer funds to a bank account. If you are registered as a business, you must only use your Account in the course of your own business, trade, or profession and not for domestic or household purposes or as a consumer.
2.8 Account Information
You must provide GraceNGlam by Vijaya Pvt Ltd with accurate and up-to-date information about yourself and your business, including your contact and billing information, a GST number (if applicable), customer service contacts, general profile information about your business, anticipated transaction volumes, and any other information that GraceNGlam by Vijaya Pvt Ltd may require or that may be required by law or GraceNGlam by Vijaya Pvt Ltd's financial institutions to provide the Service.
2.9 Third-Party Payment Services
GraceNGlam by Vijaya Pvt Ltd uses third-party payment services to process payments. When you create an Account, you agree to the terms of service of the applicable third-party payment service.
3. Verification
We may require you to provide additional information to verify your and/or your business' identity as a condition of providing the Service to you or before we permit you to receive or transfer funds from your Account. We may also obtain your credit report from time to time to establish, update, or renew your Account with us or in the event of a dispute relating to this Agreement and activity under your Account.
You authorize us to share your information with third parties, such as credit bureaus, to verify your identity and creditworthiness. You also authorize us to use your information to comply with applicable laws and regulations, to prevent fraud and other illegal activities, and to protect our rights and interests.
4. Credentials
Your email address and a password that you select will be used to access and use the Service, the Sites, and Seller Central. You may also be prompted to answer several security questions or be issued security or other access keys or credentials that may be used to enable access to the Service and authorize transactions.
You are responsible for maintaining the secrecy and security of your Credentials. You should not disclose your Credentials to any third party (other than third parties authorized by you to use your Account).Once you have consented to a payment authorization or order, you may not revoke your authorization or otherwise withdraw your consent to the execution of the transaction.
If any of your Credentials is compromised, you must notify us immediately by using our Contact Us form so that we can suspend use of your Account with our Service in order to avoid unauthorized transactions. You must also notify us through Contact Us if you wish to request us to unblock your Account.
You will not be financially responsible for any use of your Account by an unauthorized person due to the loss or compromise of your Credentials occurring after you properly notify us of the loss or compromise, unless you act fraudulently.
5. Order Processing
GraceNGlam is entitled to commission when a product is sold. GraceNGlam by Vijaya Pvt Ltd will process payments and refunds for your transactions submitted through the Service. The time at which GraceNGlam by Vijaya Pvt Ltd processes payments and refunds for your transactions will be determined in accordance with applicable law. You are the seller of record for any sales you conduct using the GraceNGlam by Vijaya Pvt Ltd Seller Platform.
GraceNGlam by Vijaya Pvt Ltd may withhold for investigation, or refuse to process, any of your transactions that it suspects is fraudulent, unlawful, or otherwise violates the terms of this Agreement. GraceNGlam by Vijaya Pvt Ltd will process a transaction that you properly initiate and authorize within one business day. GraceNGlam by Vijaya Pvt Ltd may refuse to execute a transaction if it does not meet the conditions in this Agreement or is prohibited by law.
If GraceNGlam by Vijaya Pvt Ltd refuses to execute any transaction, it will notify you (unless prohibited by law) of the refusal within the time it is legally allotted for processing that transaction and, if possible and applicable, the reasons for its refusal and the procedure for correcting any factual mistakes that led to the refusal. Any transaction that GraceNGlam by Vijaya Pvt Ltd refuses to process will be deemed not to have been received for purposes of execution times and liability for non-execution or defective execution.
If GraceNGlam by Vijaya Pvt Ltd fails to execute or incorrectly executes a transaction, it will, on request, make immediate efforts to trace it. GraceNGlam by Vijaya Pvt Ltd will notify you of the outcome free of charge.
6. Delivery Errors and Nonconformities; Product Recalls
Except as otherwise provided in the Business Solutions Agreement you have entered into with GNG and any other Affiliate, you are responsible for any non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfillment and delivery of your products or services except to the extent caused by (a) Card fraud for which GraceNGlam by Vijaya Pvt Ltd is responsible under Section 3.1; or (b) GraceNGlam by Vijaya Pvt Ltd's failure to make available to you transaction information as it was received by GraceNGlam by Vijaya Pvt Ltd. You are also responsible for any non-conformity or defect in, or any public or private recall of, any of your products or services. You will notify GraceNGlam by Vijaya Pvt Ltd promptly as soon as you have knowledge of any public or private recalls of your products or services.
7. Refunds and Returns
Your Obligations
You will accept and process returns of, and provide refunds and adjustments for, your products or services in accordance with applicable law, this Agreement, and GraceNGlam by Vijaya Pvt Ltd's policies in force at the time of the applicable sale, and you will calculate and refund any associated taxes required to be refunded. You will route all refund (and adjustment) payments through GraceNGlam by Vijaya Pvt Ltd by accessing Seller Central using your Account. GraceNGlam by Vijaya Pvt Ltd will credit the applicable account, and you will reimburse GraceNGlam by Vijaya Pvt Ltd for all amounts so refunded. GraceNGlam by Vijaya Pvt Ltd has no obligation to accept any returns of any of your products or services.
8. Disbursements
Subject to the restrictions described in this Agreement, GraceNGlam by Vijaya Pvt Ltd will automatically transfer your Account balance to your Bank Account fourteen (14) days after the first business day on which the corresponding transactions were completed. Transfers will be made only by direct deposit to your Bank Account. In addition to the automatic transfers made by GraceNGlam by Vijaya Pvt Ltd as described in the preceding sentence, you may initiate a transfer of your Account balance (excluding any amounts that are held in Reserve or are otherwise unavailable) to your Bank Account once in every 24-hour period.
Except in the case of Account balance transfers made in connection with the closing or termination of the Account or this Agreement, disbursements to your Bank Account are subject to a minimum amount of 100 INR.
9. Account History
GraceNGlam by Vijaya Pvt Ltd or its Affiliates will make summaries of your Account activity available to you through Seller Central. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your Account and your use of the Service, and (b) reconciling all payment activity to and from your Account.
Upon the termination of this Agreement for any reason, neither GraceNGlam by Vijaya Pvt Ltd nor its Affiliates will have any obligation to you to store, retain, report, or otherwise provide any copies of, or access to, any records, documentation, or other information in connection with the Site, Seller Central, your Account, the Service, or any transactions submitted by you through the Service.
10. Unauthorized Transactions
General
Subject to the limitations in this Agreement, in the event that you timely notify GraceNGlam by Vijaya Pvt Ltd that an unauthorized or erroneous transaction has been made from your Account, GraceNGlam by Vijaya Pvt Ltd will immediately refund to you the amount of the unauthorized payment and, where applicable, take any other action necessary to restore your Account to the state it would have been in had the unauthorized or erroneous transaction not taken place. To be eligible for a refund, you must notify GraceNGlam by Vijaya Pvt Ltd without undue delay on becoming aware of any unauthorized or incorrectly executed transactions from your Account and, in no event later than 13 months after the transaction date, unless GraceNGlam by Vijaya Pvt Ltd failed to make available in accordance with Section 2.8 the information related to that transaction.
11. Your Responsibility
You are responsible for all losses relating to an unauthorized transaction from your Account if you have acted fraudulently or failed, either intentionally or through gross negligence, to use your Account in accordance with the terms of this Agreement, to protect your Credentials, or to notify GraceNGlam by Vijaya Pvt Ltd of the unauthorized transaction as required in Section 2.9.1.
12. Dormant Accounts
If your Account is inactive (including without limitation if you have not accessed your Account or conducted any transactions) for a continuous period of at least two (2) years and six (6) months, and you are currently holding a balance, GraceNGlam by Vijaya Pvt Ltd will notify you by sending an e-mail to your e-mail address in GraceNGlam by Vijaya Pvt Ltd's records and give you the option of keeping your Account open and maintaining your balance, disbursing your balance (subject to the terms of this Agreement), or converting your balance to a GraceNGlam by Vijaya Pvt Ltd gift card. If you do not respond to GraceNGlam by Vijaya Pvt Ltd's notice within thirty (30) days, GraceNGlam by Vijaya Pvt Ltd will automatically close your Account in accordance with section 5.3 of the Agreement and convert your Account balance to a GraceNGlam by Vijaya Pvt Ltd gift card.
13. Term and Termination
This Agreement shall commence on the date that Seller registers for an Account with GraceNGlam by Vijaya Pvt Ltd and shall continue until terminated by either party in accordance with the provisions of this section
Either party may terminate this Agreement at any time by providing written notice to the other party. GraceNGlam by Vijaya Pvt Ltd may also terminate this Agreement if Seller violates any of the terms of this Agreement.
Upon termination of this Agreement, Seller's Account will be deactivated and Seller will no longer be able to sell Products on the GraceNGlam by Vijaya Pvt Ltd Platform. Any funds that GraceNGlam by Vijaya Pvt Ltd is holding in Seller's Account at the time of termination will be disbursed to Seller in accordance with GraceNGlam by Vijaya Pvt Ltd's disbursement policies.
14. Taxes
You are responsible for determining any and all taxes and duties, including without limitation, sales, use, transfer, value added, withholding, and other taxes and/or duties assessed, incurred, or required to be collected, paid, or withheld for any reason in connection with any request for or performance or use of the Service, your use of the Site, Seller Central, the sale or purchase of any products or services, or otherwise in connection with any action, inaction, or omission by you or any affiliate of yours, or any of your or their respective employees, agents, contractors, or representatives (“Taxes”). You also are responsible for collecting, withholding,reporting, and remitting correct Taxes to the appropriate tax authority. While we may provide you a means for you to determine and apply taxes to your transactions, we and our Affiliates are not obliged to determine whether Taxes apply and are not responsible for calculating, collecting, reporting, or remitting any Taxes to any tax authority arising from any transaction.
15. Processing Errors
In the event there is an error in the processing of any transaction, you authorize us to initiate debit or credit entries to your Account or Bank Account, as applicable, to correct such error, provided that any such correction is made in accordance with applicable laws and regulations. If we are unable to debit the Bank Account you select for any reason, you authorize us to resubmit the debit to any other Bank Account or payment instrument that you have on file with us (or, in the case of any fees that are owed to GNG or another of our Affiliates, to deduct such amounts from your Account balance).
16. Customer Service
You, GNG, or any other of GraceNGlam by Vijaya Pvt Ltd's Affiliates, depending on the service or services you may have subscribed to with such companies and subject to the terms applicable to such service or services, will be solely responsible for all customer service issues relating to your products or services (including pricing, rebates, item information, availability, technical support, issuing of GST invoices where required, functionality, and warranty), order fulfillment (including shipping and handling), order cancellation by you or the buyer, returns, refunds and adjustments, and feedback concerning experiences with your personnel, policies, or processes. In performing customer service, you will always present yourself as a separate entity from GraceNGlam by Vijaya Pvt Ltd.
17. Effect of Termination
Upon termination of this Agreement for any reason:
● You will remain subject to the obligation to pay all fees and charges and to fulfill any other payment obligations that have been incurred through the date of termination with respect to the Service.
● All license or other rights granted to either party under this Agreement will immediately terminate.
● You will return or destroy and cease use of all GraceNGlam by Vijaya Pvt Ltd Materials and Trademarks (described below).
● Your access to the GraceNGlam by Vijaya Pvt Ltd Platform and Seller Central will be terminated.
This means that, if your agreement with GraceNGlam by Vijaya Pvt Ltd is terminated for any reason, you will still be responsible for paying any fees or charges that you have incurred up to the date of termination. You will also lose all of the rights and licenses that were granted to you under the agreement, such as the right to sell products on the GraceNGlam by Vijaya Pvt Ltd Platform and use the GraceNGlam by Vijaya Pvt Ltd trademarks. Finally, you will no longer have access to the GraceNGlam by Vijaya Pvt Ltd Platform or Seller Central.
18. Privacy; User Information
Privacy
Please see the GraceNGlam by Vijaya Pvt Ltd Privacy Notice for more information on how GraceNGlam by Vijaya Pvt Ltd collects, uses, and shares your personal information.
Your Use
You agree not to ask for or require any user to provide any payment information, such as credit card or bank account information. You may collect certain personal information from users, such as names, email addresses, shipping addresses, and phone numbers, in order to facilitate transactions. You agree to the following:
● You will not use any personal information in a way that is inconsistent with your own privacy policy or applicable law.
● You will not contact a user who has ordered your products or services but has not yet received them in order to collect payment.
● You will not disparage GraceNGlam by Vijaya Pvt Ltd, its affiliates, or any of their respective products or services.
● You will not target communications of any kind on the basis of the intended recipient being a GraceNGlam by Vijaya Pvt Ltd user or customer.
You may disclose and use personal information as necessary to complete an order and provide related customer service.
These terms do not prevent you from using information that you collect independently from GraceNGlam by Vijaya Pvt Ltd or information that you acquire without reference to personal information for any purpose, even if such information is identical to personal information. However, you may not target communications on the basis of the intended recipient being a GraceNGlam by Vijaya Pvt Ltd user or customer.
In other words, you must be careful about how you use the personal information that you collect from GraceNGlam by Vijaya Pvt Ltd users. You can only use it for the purposes of completing orders and providing customer service. You cannot use it to contact users for other purposes, such as marketing or collecting payment.
GraceNGlam by Vijaya Pvt Ltd Materials
During the term of this Agreement, you may use the GraceNGlam by Vijaya Pvt Ltd Materials only for your internal purposes and solely as necessary for your use of the Service. “GraceNGlam by Vijaya Pvt Ltd Materials” include any software, data, materials, content and printed and electronic documentation developed and provided by GraceNGlam by Vijaya Pvt Ltd or its Affiliates to you for download from the GraceNGlam by Vijaya Pvt Ltd Platform or Seller Central. GraceNGlam by Vijaya Pvt Ltd Materials do not include any software, data or other materials specifically made available by GraceNGlam by Vijaya Pvt Ltd or its Affiliates under separate license terms or that were created by a third party, including without limitation software provided under an open source license such as Apache 2.0. You may not, and may not attempt to, directly or indirectly:
● Transfer, sublicense, loan, sell, assign, lease, rent, act as a service bureau, distribute or grant rights to any person or entity in the Service or the GraceNGlam by Vijaya Pvt Ltd Materials;
● Remove, obscure, or alter any notice of any Trademark, or other intellectual property or proprietary right appearing on or contained within the Service or on any GraceNGlam by Vijaya Pvt Ltd Materials;
● Modify, alter, tamper with, repair, or otherwise create derivative works of any software included in the GraceNGlam by Vijaya Pvt Ltd Materials; provided that, the foregoing shall not prevent you from making derivatives of software that is made available byGraceNGlam by Vijaya Pvt Ltd on the GraceNGlam by Vijaya Pvt Ltd Platform in accordance with separate license terms accompanying such software expressly permitting the creation of derivatives; and
● Reverse engineer, disassemble, or decompile the GraceNGlam by Vijaya Pvt Ltd Materials or the Service or apply any other process or procedure to derive the source code of any software included in the GraceNGlam by Vijaya Pvt Ltd Materials or as part of the Service.
19. Trademarks
You may not use the "GraceNGlam by Vijaya Pvt Ltd Payments", and other related designs, graphics, logos, page headers, button icons, scripts, and service names (collectively, “Trademarks”) in connection with the Service. You acknowledge that GraceNGlam by Vijaya Pvt Ltd and its Affiliates are the sole owners of the Trademarks. All other trademarks not owned by GraceNGlam by Vijaya Pvt Ltd that appear on the GraceNGlam by Vijaya Pvt Ltd Platform or Seller Central or in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GraceNGlam by Vijaya Pvt Ltd. GraceNGlam by Vijaya Pvt Ltd and its Affiliates may use your name, logo, service name or trademarks as designated by you solely as necessary to provide the Service in accordance with GraceNGlam by Vijaya Pvt Ltd’s Policies. GraceNGlam by Vijaya Pvt Ltd and its Affiliates may use your name or logo to identify you as a participating merchant.
20. Reservations
Other than the limited use and access rights and licenses expressly set forth in this Agreement, GraceNGlam by Vijaya Pvt Ltd and its Affiliates reserve all right, title and interest (including all intellectual property and proprietary rights) in and to the Service, the GraceNGlam by Vijaya Pvt Ltd Materials, GraceNGlam by Vijaya Pvt Ltd’s or its Affiliates’ Trademarks, and any other technology, software and intellectual property that GraceNGlam by Vijaya Pvt Ltd or its Affiliates provide, make available or use to provide the Service, the GraceNGlam by Vijaya Pvt Ltd Platform, Seller Central and the GraceNGlam by Vijaya Pvt Ltd Materials. Except for the limited use and access rights described in this Agreement, you do not, by virtue of this Agreement, acquire any ownership interest or rights in the Service, the GraceNGlam by Vijaya Pvt Ltd Platform, Seller Central, the GraceNGlam by Vijaya Pvt Ltd Materials, GraceNGlam by Vijaya Pvt Ltd’s Trademarks, or such other technology, software or intellectual property provided or made available by GraceNGlam by Vijaya Pvt Ltd or its Affiliates.
21. Press Releases
You may not issue any press release or make any public statement related to the Service, or except as expressly provided in this Agreement, use GraceNGlam by Vijaya Pvt Ltd’s or any of its Affiliate’s name, trademarks or logo in any way (including in promotional material) without GraceNGlam by Vijaya Pvt Ltd’s advance written permission, or misrepresent or embellish the relationship between GraceNGlam by Vijaya Pvt Ltd and you in any way.
In other words, GraceNGlam by Vijaya Pvt Ltd owns all of the intellectual property associated with the Service, including the GraceNGlam by Vijaya Pvt Ltd Materials and Trademarks. You cannot use any of this intellectual property without GraceNGlam by Vijaya Pvt Ltd’s permission.
22. Representations and Warranties
You represent and warrant to us that:
● You are eligible to register for and use the Service and have the right, power, and ability to enter into and perform under this Agreement and grant the rights, licenses and authorizations you grant under this Agreement.
● The name identified by you when you registered is your name or business name under which you sell products and services in India.
● Any sales transaction submitted by you will represent a bona fide sale by you in India as described in the terms of the Selling on GraceNGlam by Vijaya Pvt Ltd Service and your policies.
● You will only use the Service to transact on your own account and not on behalf of any other person or entity.
● Any sales transactions submitted by you will accurately describe your products and/or services in India.
● You will fulfill all of your obligations to each user for which you submit a transaction in India.
● You and all transactions initiated by you will comply with all laws, rules, and regulations applicable to your business in India,including any tax laws and regulations.
● You will accurately and in compliance with applicable law describe your use of Personal Information and your use of our Services in your privacy policy for India.
● Except in the ordinary course of business, no sales transaction submitted by you through the Service in India will represent a sale to any principal, partner, proprietor, or owner of you.
● You will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service in India.
● You and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party in India, including but not limited to the lists maintained by the, Indian government (e.g., the Indian Ministry of Finance's Public Enemy List or other applicable government authority in India.
● You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited in India, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the Indian Government
23. Limitation of Liability
GraceNGlam by Vijaya Pvt Ltd and you are only liable for damages suffered as a result of willful misconduct or gross negligence. In case of minor negligence, GraceNGlam by Vijaya Pvt Ltd and you are only liable for (a) injury to life, body, or health; or (b) foreseeable typically occurring damages resulting from the breach of a fundamental contractual obligation.
In other words, GraceNGlam by Vijaya Pvt Ltd and you are only liable for damages that are caused by serious misconduct or negligence. GraceNGlam by Vijaya Pvt Ltd and you are not liable for damages that are caused by minor negligence, unless the damages are foreseeable and typically occur as a result of a breach of a fundamental contractual obligation.
24. Indemnity
You agree to indemnify, defend, and hold harmless GraceNGlam by Vijaya Pvt Ltd and its Affiliates (and their respective employees, directors, agents, and representatives) from and against any and all third-party claims, costs, actions, suits, or demands and any related losses, damages, liabilities, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) (each, a “Claim”) arising out of any third-party claim, action, audit, investigation, inquiry, or other proceeding instituted by a third-party person or entity that arises out of or relates to:
● Your non-compliance with applicable laws;
● Any actual or alleged infringement, misappropriation or violation of any third-party rights or applicable law by your trademarks used in connection with the Service or your website or application using the Service; or
● Actual or alleged breach of any representations you have made.
In other words, you agree to pay for GraceNGlam by Vijaya Pvt Ltd’s defense costs and damages if GraceNGlam by Vijaya Pvt Ltd is sued by a third party as a result of your non-compliance with applicable laws, infringement of third-party rights, or breach of representations.
25. Notices
All communication between GraceNGlam by Vijaya Pvt Ltd and you will be in English. You agree to receive notices from GraceNGlam by Vijaya Pvt Ltd electronically, either on the GraceNGlam by Vijaya Pvt Ltd website or Seller Central, or via email. GraceNGlam by Vijaya Pvt Ltd may provide you with all communications and information related to the Service and your Account, including agreements, amendments, changes, disclosures, notices, transaction information, statements, responses to claims, and other customer communications, in electronic format. You are responsible for printing, storing, and maintaining your own records of communications, including copies of this Agreement.
26. Modifications
GraceNGlam by Vijaya Pvt Ltd may modify the terms of this Agreement, any Policy, or the features of the Service at any time. GraceNGlam by Vijaya Pvt Ltd will notify you of any updated Agreement or Policy by posting it to the GraceNGlam by Vijaya Pvt Ltd website or Seller Central. Any change to a Policy will be effective upon the earlier of posting to the GraceNGlam by Vijaya Pvt Ltd website or Seller Central or when otherwise communicated to you. Any other change to this Agreement will be effective sixty (60) days after the earlier of the date of posting to the GraceNGlam by Vijaya Pvt Ltd website or Seller Central or of your receipt of GraceNGlam by Vijaya Pvt Ltd’s communication regarding the change. If you do not agree to any change to this Agreement, any Policy, or feature of the Service, you may terminate this Agreement by contacting GraceNGlam by Vijaya Pvt Ltd through Contact Us and closing your Account. You will be deemed to accept the changes to Policies if you do not terminate this Agreement after the earlier of the date the updated Policy has been posted to the GraceNGlam by Vijaya Pvt Ltd website or Seller Central or otherwise communicated to you, and you will be deemed to accept the changes to this Agreement (other than Policy changes) if you do not terminate this Agreement within 60 days after the earlier of the date the updated Agreement has been posted to the GraceNGlam by Vijaya Pvt Ltd website or Seller Central or otherwise communicated to you. You are at all times responsible for reading and understanding each version of this Agreement and GraceNGlam by Vijaya Pvt Ltd’s Policies.
In other words, GraceNGlam by Vijaya Pvt Ltd can change the terms of this Agreement, its Policies, or the features of the Service at any time. GraceNGlam by Vijaya Pvt Ltd will notify you of any changes by posting them on the GraceNGlam by Vijaya Pvt Ltd website or Seller Central or by emailing you. If you do not agree to any changes, you can terminate your Agreement by closing your Account. Otherwise, you will be deemed to have accepted the changes.
Independent Contractors
● You and GraceNGlam by Vijaya Pvt Ltd are independent contractors. This means that you are not GraceNGlam by Vijaya Pvt Ltd's employee, agent, or representative.
● Neither party can create or assume any obligation or liability in the name of the other party.
● You cannot assign or transfer your rights or obligations under this Agreement without GraceNGlam by Vijaya Pvt Ltd's prior written consent.
Assignment
● GraceNGlam by Vijaya Pvt Ltd may assign or transfer its rights or obligations under this Agreement to an Affiliate.
● This Agreement will be binding on your successors and permitted assigns.
No Waivers
● Any waiver of rights or obligations under this Agreement must be in writing and signed by the waiving party.
● GraceNGlam by Vijaya Pvt Ltd's failure to enforce any provision of this Agreement does not waive its right to enforce that provision or any other provision at a later time.
Severability
● If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in effect.
● If a court cannot interpret an invalid or unenforceable provision in a way that makes it valid and enforceable, the provision will be severed from this Agreement.
Entire Agreement
● This Agreement, including the Policies, constitutes the entire agreement between the parties.
● No modifications or amendments to this Agreement will be binding on GraceNGlam by Vijaya Pvt Ltd unless in writing and signed by GraceNGlam by Vijaya Pvt Ltd.
Artist Agreement
This agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of GraceNGlam by Vijaya Pvt Ltd ("Web Site"), which promotes business between sellers and buyers globally. It is an agreement between You as the user of the Web Site/GraceNGlam by Vijaya Pvt Ltd Services and GraceNGlam by Vijaya Pvt Ltd. ("GraceNGlam by Vijaya Pvt Ltd"). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the Web Site for any purpose.
By registering as a User on the GraceNGlam by Vijaya Pvt Ltd platform, or by interacting with other Users on or entering into negotiations in respect of sale or supply of goods or services on or using the Web Site or GraceNGlam by Vijaya Pvt Ltd Services in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
WEBSITE-MERELY A VENUE/PLATFORM
GraceNGlam by Vijaya Pvt Ltd is merely a venue or platform for Users to interact and negotiate with each other for the sale or supply of goods and services. GraceNGlam by Vijaya Pvt Ltd is not a party to any negotiations or agreements between Users, and is not liable for the quality, safety, genuineness, lawfulness, or availability of any products or services offered for sale on the platform.
In other words, GraceNGlam by Vijaya Pvt Ltd is not responsible for the transactions that take place on its platform. GraceNGlam by Vijaya Pvt Ltd is simply a platform that allows Buyers and Sellers to connect with each other. It is up to the Buyer and Seller to negotiate the terms of the transaction, and to ensure that the transaction is completed in a timely and satisfactory manner.
SERVICES PROVIDED BY GraceNGlam by Vijaya Pvt Ltd
GraceNGlam by Vijaya Pvt Ltd provides the following services to its Users:
● Priority Listing: This service gives Users priority listing within categories of their choice on GraceNGlam by Vijaya Pvt Ltd, thus increasing the visibility of their products.
● Increased Visibility: GraceNGlam by Vijaya Pvt Ltd provides a variety of features to help Users increase the visibility of their products, such as featured listings, sponsored listings, and product promotions.
● Business Verification: GraceNGlam by Vijaya Pvt Ltd offers a business verification service that helps Users build trust with potential customers.
● Specialized Features: GraceNGlam by Vijaya Pvt Ltd offers a variety of specialized features to help Users succeed on the platform, such as lead generation tools, inventory management tools, and analytics tools.
● Professional Catalog Design: GraceNGlam by Vijaya Pvt Ltd offers a professional catalog design service to help Users create a visually appealing and informative catalog of their products.
In other words, GraceNGlam by Vijaya Pvt Ltd provides a variety of services to help its Users succeed on the platform. These services include priority listing, increased visibility, business verification, specialized features, and professional catalog design.
USER(S) ELIGIBILITY
● Only users who are authorized under applicable law to form legally binding agreements are eligible to use GraceNGlam by Vijaya Pvt Ltd's services.
● Natural persons below 18 years of age and business entities or organizations that are not authorized by law to operate in India or other countries are not eligible to use GraceNGlam by Vijaya Pvt Ltd's services.
● GraceNGlam by Vijaya Pvt Ltd reserves the right to refuse its services to anyone at any time.
● GraceNGlam by Vijaya Pvt Ltd's services are not available to users whose accounts have been temporarily or indefinitely suspended by GraceNGlam by Vijaya Pvt Ltd.
USER(S) AGREEMENT
● This Agreement applies to any person or legal entity that accesses or uses the GraceNGlam by Vijaya Pvt Ltd website or services for any purpose.
● Users may use the GraceNGlam by Vijaya Pvt Ltd website and services solely for their commercial/business purposes.
● This Agreement applies to all services offered on the GraceNGlam by Vijaya Pvt Ltd website, and any additional terms and conditions that may be applicable in respect of any specific service used or accessed by Users on the website.
● In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any service offered on the website, such additional terms and conditions applicable in respect of that service shall prevail over this Agreement.
● This Agreement shall govern the User's usage of GraceNGlam by Vijaya Pvt Ltd's services, and the User acknowledges that this Agreement shall supersede all or any term, agreement, or contract executed between GraceNGlam by Vijaya Pvt Ltd and the User.
AMENDMENT TO USER(S) AGREEMENT
● GraceNGlam by Vijaya Pvt Ltd reserves the right to change, modify, amend, or update the Agreement from time to time.
● Such amended provisions of the Agreement shall be effective immediately upon being posted on the GraceNGlam by Vijaya Pvt Ltd website.
● If Users do not agree to such provisions, they must stop using the GraceNGlam by Vijaya Pvt Ltd service with immediate effect.
● Users' continued use of the service will be deemed to signify their acceptance of the amended provisions of the Agreement.
INTELLECTUAL PROPERTY RIGHTS
● GraceNGlam by Vijaya Pvt Ltd is the sole owner and lawful licensee of all the rights to the GraceNGlam by Vijaya Pvt Ltd website and its content ("Website Content").
● Website Content means the design, layout, text, images, graphics, sound, video, etc. of or made available on the GraceNGlam by Vijaya Pvt Ltd website.
● The Website Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property.
● All title, ownership, and intellectual property rights in the GraceNGlam by Vijaya Pvt Ltd website and the Website Content shall remain in GraceNGlam by Vijaya Pvt Ltd, its affiliates, or licensors of the Website Content, as the case may be.
● GraceNGlam by Vijaya Pvt Ltd respects the intellectual property rights of others, and we expect our Users to do the same.
● Users agree to not infringe the intellectual property rights of any third parties in any way when using GraceNGlam by Vijaya Pvt Ltd's Services.
● GraceNGlam by Vijaya Pvt Ltd reserves the right to terminate the right of any User(s) to access or use GraceNGlam by Vijaya Pvt Ltd's Services for any infringement of the rights of third parties in conjunction with use of the GraceNGlam by Vijaya Pvt Ltd's Service, or in the event GraceNGlam by Vijaya Pvt Ltd is of the believes that User(s) conduct is prejudicial to the interests of GraceNGlam by Vijaya Pvt Ltd, its affiliates, or other User(s), or for any other reason, at GraceNGlam by Vijaya Pvt Ltd's sole discretion, with or without cause.
Trademark
● The name "GraceNGlam by Vijaya Pvt Ltd" and related icons and logos are registered trademarks or trademarks or service marks of GraceNGlam by Vijaya Pvt Ltd in various jurisdictions and are protected under applicable copyright, trademark, and other proprietary and intellectual property rights laws.
● Users are not authorized to use any trademark, service mark, or logo of GraceNGlam by Vijaya Pvt Ltd without prior written permission from GraceNGlam by Vijaya Pvt Ltd.
Copyright
● All GraceNGlam by Vijaya Pvt Ltd website content, including website information, is copyrighted to GraceNGlam by Vijaya Pvt Ltd, excluding any third-party content and any links to any third-party websites being made available or contained on the GraceNGlam by Vijaya Pvt Ltd website.
● Users are not authorized to copy, download, or reproduce the GraceNGlam by Vijaya Pvt Ltd website content, information, or any other material, text, images, video clips, directories, files, databases, or listings available on or through the GraceNGlam by Vijaya Pvt Ltd website ("GraceNGlam by Vijaya Pvt Ltd Content") for the purpose of reselling or redistributing, mass mailing (via email, wireless text messages,physical mail, or otherwise), operating a business competing with GraceNGlam by Vijaya Pvt Ltd, or otherwise commercially exploiting the GraceNGlam by Vijaya Pvt Ltd Content unless otherwise agreed between the parties.
● Systematic retrieval of GraceNGlam by Vijaya Pvt Ltd Content to create or compile, directly or indirectly, a collection, compilation, database, or directory (whether through robots, spiders, automatic devices, or manual processes) without written permission fromGraceNGlam by Vijaya Pvt Ltd is prohibited.
URL's/Sub-Domain
● URL's and sub-domain names assigned by GraceNGlam by Vijaya Pvt Ltd to Users (including both paid and free Users) are the exclusive property of GraceNGlam by Vijaya Pvt Ltd and are not permanent.
● GraceNGlam by Vijaya Pvt Ltd reserves the right to suspend, terminate, or restrict access to or edit any URL's or sub-domain names at any time, without prior notice.
● GraceNGlam by Vijaya Pvt Ltd will not be liable for any direct, indirect, special, or other consequential damages, including, without limitation,any lost profits or business interruption, in the event of any suspension, termination, or restriction of access to or editing of any URL's or sub-domain names.
Third Party Websites
● GraceNGlam by Vijaya Pvt Ltd may allow Users access to content, products, or services offered by third parties through hyperlinks (in the form of word links, banners, channels, or otherwise) to the websites offered by such third parties ("Third Party Websites").
● GraceNGlam by Vijaya Pvt Ltd advises its Users to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites.
● Users acknowledge and agree that GraceNGlam by Vijaya Pvt Ltd has no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products, or services made available thereof.
LINKS TO THIRD PARTY SITES
● GraceNGlam by Vijaya Pvt Ltd provides links to third party websites on its website as a convenience to its Users.
● GraceNGlam by Vijaya Pvt Ltd has no control over the content of such websites and is not responsible for any information, resources, or materials provided therein.
● Users are advised to read the terms and conditions of use and/or privacy policies applicable in respect of such third party websites prior to using or accessing such third party websites.
TERMINATION
● GraceNGlam by Vijaya Pvt Ltd reserves the right to terminate access to certain areas or features of its website (to paying or registered Users) at any time without assigning any reason and with or without notice to such Users.
● GraceNGlam by Vijaya Pvt Ltd also reserves the right to deny access to particular Users to any or all of its services or content without any prior notice or explanation in order to protect the interests of GraceNGlam by Vijaya Pvt Ltd and/or other Users of the website.
● GraceNGlam by Vijaya Pvt Ltd further reserves the right to limit, deny, or create different access to its website and its features with respect to different Users, or to change any or all of the features of its website or introduce new features without any prior notice to Users.
● GraceNGlam by Vijaya Pvt Ltd reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:
○ If any false information in connection with their account registered with GraceNGlam by Vijaya Pvt Ltd is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
○ If such User(s) breaches any provisions of the Agreement.
○ If such User(s) utilizes the website to send spam messages or repeatedly publish the same product information.
○ If such User(s) posts any material that is not related to trade or business cooperation.
○ If such User(s) impersonates or unlawfully uses another person's or business entity's name to post information or conduct business in any manner.
○ If such User(s) is involved in unauthorized access, use, modification, or control of the website database, network, or related services.
○ If such User(s) obtains by any means another registered User(s) Username and/or Password.
○ Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.
● If GraceNGlam by Vijaya Pvt Ltd terminates the membership of any registered User(s) including those User(s) who have subscribed for the paid services of GraceNGlam by Vijaya Pvt Ltd, such person will not have the right to re-enrol or join the website under a new account or name unless invited to do so in writing by GraceNGlam by Vijaya Pvt Ltd.
● In any case of termination, no subscription/membership fee/charges paid by the User(s) will be refunded.
● Users acknowledge that inability to use the website wholly or partially for whatever reason may have adverse effect on their business.
● Users agree that in no event shall GraceNGlam by Vijaya Pvt Ltd be liable to any User(s) or any third parties for any inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the website or otherwise),any delays, errors, or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the website or any of its features.
In other words, GraceNGlam by Vijaya Pvt Ltd can terminate a User's access to its website or services at any time, for any reason, with or without notice. Users are responsible for reading and understanding the Agreement, and for complying with all of its terms.
REGISTERED USER(S)
● To become a registered user of the GraceNGlam by Vijaya Pvt Ltd website, Users must complete an online registration form and provide certain information, such as their name, contact information, and business details.
● GraceNGlam by Vijaya Pvt Ltd will establish an account for the User and assign them a user ID and password.
● Users who are registering on behalf of a business entity represent and warrant that they have the authority to bind the business entity to the Agreement, that the address provided is the principal place of business of the business entity, and that all other information provided is true, accurate, and complete.
● Users agree that by registering on the website, they consent to the inclusion of their personal data in GraceNGlam by Vijaya Pvt Ltd's database and authorize GraceNGlam by Vijaya Pvt Ltd to share such information with other Users.
● GraceNGlam by Vijaya Pvt Ltd may refuse registration and deny membership and associated user ID and password to any User for any reason.
● GraceNGlam by Vijaya Pvt Ltd may suspend or terminate a registered membership at any time without prior notice in the interest of GraceNGlam by Vijaya Pvt Ltd or its Users.
● Registered Users are not affiliated with GraceNGlam by Vijaya Pvt Ltd in any way.
● Users further agree and consent to be contacted by GraceNGlam by Vijaya Pvt Ltd through phone calls, SMS notifications, or any other means of communication, in respect to the services provided by GraceNGlam by Vijaya Pvt Ltd, even if their contact numbers are on the Do Not Call Registry.
DATA PROTECTION
● Personal information supplied by Users during the use of the GraceNGlam by Vijaya Pvt Ltd website is governed by GraceNGlam by Vijaya Pvt Ltd's privacy policy.
In other words, GraceNGlam by Vijaya Pvt Ltd collects and uses personal data from its registered Users in accordance with its privacy policy. Users should review the privacy policy before registering on the website or providing any personal data.
XI. POSTING YOUR CONTENT ON WEBSITE
Some content displayed on the Web Site is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Web Site using the self-help submit and edit tools made at the respective sections of the Web Site. User(s) may need to register and/or pay for using or availing some of these services.
User(s) understand and agree that GraceNGlam by Vijaya Pvt Ltd in such case is not the author of the content and that neither GraceNGlam by Vijaya Pvt Ltd nor any of its affiliates, directors, officers or employees have entered into any arrangement including any agreement of sale or agency with such third parties by virtue of the display of such content on the Web Site. User(s) further understand and agree GraceNGlam by Vijaya Pvt Ltd is not responsible for the accuracy, propriety, lawfulness or truthfulness of any third party content made available on the Web Site and shall not be liable to any User(s) in connection with any damage suffered by the User(s) on account of the User(s)’s reliance on such content. GraceNGlam by Vijaya Pvt Ltd shall not be liable for a User(s) activities on the Web Site, and shall not be liable to any person in connection with any damage suffered by any person as a result of any User's conduct.
User(s) solely represent, warrant and agree to:
(a) provide GraceNGlam by Vijaya Pvt Ltd with true, accurate, current and complete information to be displayed on the Web Site;
(b) maintain and promptly amend all information provided on the Web Site to keep it true, accurate, current and complete.
User(s) hereby grant GraceNGlam by Vijaya Pvt Ltd an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to display and use all information provided by them in accordance with the purposes set forth in the Agreement and to exercise the copyright, publicity and database rights User(s) have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Web Site, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Web Site (hereafter referred to as "Third Party Rights").
User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information posted by User(s) on the Web Site or provided to the Web Site or authorized by the User(s) for display on the Web Site, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such Third Party Rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the Web Site, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
User(s) agree that they will not use GraceNGlam by Vijaya Pvt Ltd Content and/or GraceNGlam by Vijaya Pvt Ltd’s Services to send junk mail, chain letters or spamming. Further, registered User(s) of the Web Site agree that they will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information. User(s) further hereby represent, warrant and agree (i) to host, display, upload, modify, publish, transmit, store, update or share ; or (ii) submit to GraceNGlam by Vijaya Pvt Ltd for display on the Web Site or transmit or sought to be transmitted through GraceNGlam by Vijaya Pvt Ltd’s Services any content, material or information that does not and shall at no point:
● Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
● Belong to another person and to which User(s) do not have any right to;
● Be part of a scheme to defraud other User(s) of the Web Site or for any other unlawful purpose;
● Be intended to deceive or mislead the addressee about the origin of such messages or knowingly and intentionally is used to communicate any information which (i) is patently false or grossly offensive or menacing/misleading in nature but may reasonably be perceived as a fact; or (ii) harass a person, entity or agency for financial gain or to cause any injury to any person;
● Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third Party Rights;
● Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
● Relate to any controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment;
● Be defamatory, abusive libelous, unlawfully threatening, unlawfully harassing, grossly harmful, indecent, seditious, blasphemous, pedophilic, hateful, invasive of another’s privacy, including bodily privacy racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, leading to breach of confidence, or otherwise unlawful or objectionable in any manner whatever;
● Be vulgar, obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
● Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
● Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
● Solicit business from any User(s) in connection with a commercial activity that competes with GraceNGlam by Vijaya Pvt Ltd;
● Threaten 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 cognisable offence or prevents investigation of any offence or is insulting any other nation;
● Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information or that are designed to interrupt, destroy or limit the functionality of any computer resource;
● Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or Otherwise create any liability for GraceNGlam by Vijaya Pvt Ltd or its affiliates.
GraceNGlam by Vijaya Pvt Ltd reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Web Site which in GraceNGlam by Vijaya Pvt Ltd’s reasonable belief is unlawful or could subject GraceNGlam by Vijaya Pvt Ltd to liability or in violation of the Agreement or is otherwise found inappropriate in GraceNGlam by Vijaya Pvt Ltd's opinion. GraceNGlam by Vijaya Pvt Ltd reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
In connection with any of the foregoing, GraceNGlam by Vijaya Pvt Ltd reserves the right to suspend or terminate the Account of any User(s) as deemed appropriate by GraceNGlam by Vijaya Pvt Ltd at its sole discretion. User(s) agree that GraceNGlam by Vijaya Pvt Ltd shall have no liability to any User(s), including liability in respect of consequential or any other damages, in the event GraceNGlam by Vijaya Pvt Ltd takes any of the actions mentioned in this provision.
INTERACTION BETWEEN USERS
GraceNGlam by Vijaya Pvt Ltd provides an on-line platform to facilitate interaction between buyers and suppliers of products and services. GraceNGlam by Vijaya Pvt Ltd does not represent the seller or the buyer in transactions and does not charge any commission for enabling any transaction. GraceNGlam by Vijaya Pvt Ltd does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Web Site or the ability of the suppliers to complete a sale or the ability of buyers to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretences on the Web Site. Web Site uses several tools and techniques to verify the accuracy and authenticity of the information provided by User(s). GraceNGlam by Vijaya Pvt Ltd however, cannot and does not confirm each User(s)’s purported identity on the Web Site. GraceNGlam by Vijaya Pvt Ltd encourages User(s) to evaluate the User(s) with whom they would like to deal with and use the common prudence while dealing with them.
User(s) agree to fully assume the risks of any transactions ("Transaction Risks") conducted on the basis of any content, information or any other material provided on the Web Site and further assume the risks of any liability or harm of any kind arising due to or caused in connection with any subsequent activity relating to any products or services that are the subject of any such transaction.
● Such risks include, but are not limited to, misrepresentation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost miscalculations, breach of warranty, breach of contract and transportation accidents.
● Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site may violate or may be asserted to violate Third Party Rights, and the risk that that User(s) may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants.
● Such risks further include the risks that r the purchasers, end-users of products or others claiming to have suffered injuries or harms relating to product originally obtained by User(s) of the Web Site as a result of purchase and sale transactions in connection with using any content, information or any other material provided on the Web Site may suffer harms and/or assert claims arising from their use of such products.
User(s) agree that GraceNGlam by Vijaya Pvt Ltd shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of any content, information or any other material provided on the Web Site , including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify GraceNGlam by Vijaya Pvt Ltd (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction
GraceNGlam by Vijaya Pvt Ltd reserves the right to add/modify/discontinue any of the features offered on GraceNGlam by Vijaya Pvt Ltd ’s Services.
LIMITATION OF LIABILITY/DISCLAIMER
The features and services on the Web Site are provided on an " as is " and " as available " basis, and GraceNGlam by Vijaya Pvt Ltd hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. GraceNGlam by Vijaya Pvt Ltd makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Web Site including display or listing of tenders on the Web Site which in no manner is endorsed by GraceNGlam by Vijaya Pvt Ltd . GraceNGlam by Vijaya Pvt Ltd has no association of whatsoever nature with the publisher and/or the published contents. Moreover, GraceNGlam by Vijaya Pvt Ltd does not facilitate or participate in any sale, delivery, transaction and / or storage related to any product including but not limited to controversial weapons, cluster munitions or anti-personnel mines and other such defense equipment. GraceNGlam by Vijaya Pvt Ltd does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Web Site does not violate any Third Party Rights; and GraceNGlam by Vijaya Pvt Ltd makes no representations or warranties of any kind concerning any product or service offered or displayed on the Web site. Any material downloaded or otherwise obtained through the Web site is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from Web Site or through or from the Web Site shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall GraceNGlam by Vijaya Pvt Ltd be held liable for any delay or failure or disruption of the content or services delivered through the Web Site resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save GraceNGlam by Vijaya Pvt Ltd , its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the Web Site (including but not limited to the display of User(s) information on the Web Site) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save GraceNGlam by Vijaya Pvt Ltd , its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to GraceNGlam by Vijaya Pvt Ltd .
User(s) hereby further agree to indemnify and save GraceNGlam by Vijaya Pvt Ltd , its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Web Site. User(s) hereby further agree that GraceNGlam by Vijaya Pvt Ltd is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). GraceNGlam by Vijaya Pvt Ltd reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with GraceNGlam by Vijaya Pvt Ltd in asserting any available defences.
GraceNGlam by Vijaya Pvt Ltd shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
● The use or the inability to use the Web Site;
● Any defect in goods, samples, data, information or services purchased or obtained from a User(s) or a third-party service provider through the web site;
● Violation of Third Party Rights or claims or demands that User(s) manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the web site may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
● Unauthorized access by third parties to data or private information of any User(s);
● Statements or conduct of any User(s) of the web site; or
● Any matters relating to Premium Services however arising, including negligence.
XVIII. PHARMACEUTICAL PRODUCT/SERVICE POLICIES
The Web Site does not facilitate the purchase of pharmaceutical products, and only advertises and/or showcases the pharmaceutical products posted by Users(s). User(s) involved in the purchase and supply of pharmaceutical products hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard including but not limited to Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 ("Drug Rules"), Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Drug and Magic Remedies Act").
GraceNGlam by Vijaya Pvt Ltd shall not be responsible for any information, content or material in respect of or related to any pharmaceutical product posted, provided or displayed by User(s) on the Web Site. Accordingly, the User posting the content shall ensure that the content so posted does not violate any statue in the rules made thereunder including the Act(s) as referred above, so that no consequences of any nature could be attributed to GraceNGlam by Vijaya Pvt Ltd in any manner whatsoever.
Users(s) hereby undertake that they shall solely be responsible and shall bear all the liabilities in respect of selling prescription medicines and/or drugs mentioned in any of the Schedules of the Drug Rules without a prescription issued by a registered medical practitioner and in accordance with the conditions laid down in such rules. In the event of breach of such condition, GraceNGlam by Vijaya Pvt Ltd shall not be liable and responsible in any manner whatsoever.
Users(s) undertake and agree to indemnify and hold harmless GraceNGlam by Vijaya Pvt Ltd and/or any of its affiliates, directors, officers, employees or representatives from and against any and all losses, liabilities, damages, claims, costs and expenses (including attorney’s fees and expenses, any third party claims), which GraceNGlam by Vijaya Pvt Ltd may incur or suffer as a result of or in connection with any illegal sales of drugs and/or medicines.
GraceNGlam by Vijaya Pvt Ltd does not offer any guarantees or warranties on the medicinal products or services displayed or listed on the Web Site and is not liable for any relevant transaction between the User(s), including transactions involving sale of any medicine(s) restricted and/or banned for sale by any governmental or any other regulatory authorities.
