Welcome to Manya Gifts And Decor. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Manya Gifts And Decor marketplace platform – www.MANYAGIFTS.com (hereinafter referred to as “Platform”)
The Platform is owned by Manya Gifts And Decor, a proprietor firm registered at Booth No.111, Sector 15 Panchkula, 134109
Your use of the Manya Gifts And Decor and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Manya Gifts And Decor including the applicable policies which are incorporated herein by way of reference. By mere use of the www.MANYAGIFTS.com, you shall be contracting with Manya Gifts And Decor the owner of the Platform. These terms and conditions including the policies constitute your binding obligations, with Manya Gifts And Decor.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term “MANYAGIFTS“,”We“,”Us“,”Our” shall mean Manya Gifts And Decor and its affiliates.
When You use any of the services provided by Us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to be governed by the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Manya Gifts And Decor Policies including but not limited to Privacy Policy as amended from time to time.
1. User Account, Password, and Security:
By agreeing or by mere Using the Platform, you are responsible for maintaining the confidentiality of password associated with your user login and also the confidentiality of user name for that matter. You, yourself shall be responsible for any activity that happens under your user name and user name is deemed to be yours when you login by using password associated with your username. You, by agreeing to these terms and conditions also undertake that the information provided by you is true and correct and in case we find out that any of the information is being concealed in or provided untrue or incorrect in any nature, we shall have the right to indefinitely suspend or terminate or block the access of your membership to our site or Platform.
You agree to
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- immediately notify Manya Gifts And Decor team if there is any unauthorised use of your login and
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- ensure that you logout from your account at the end of each session.
2. Services Offered:
Manya Gifts And Decor provides a platform where a user can purchase different kinds of merchandise sold by different companies or shopkeepers such as fashion accessories, toys, personal care products, or other kind of items collectively called as Products. These Products can be purchased on our Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact which will be followed by the quality check from our teem either at the place of return or at our warehouse in case the return is reshipped by the user. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Manya Gifts And Decor assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Manya Gifts And Decor assumes no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
Manya Gifts And Decor does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
3. Platform for Transaction and Communication:
The Users whether sellers or buyers can be in a situation to communicate and interact with each other for any query or clarification regarding to their transactions on the Platform. Manya Gifts And Decor is not and cannot be a party to or control in any manner any transaction between the Manya Gifts And Decor‘s Users. Henceforward:
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- All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Manya Gifts And Decor does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
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- Manya Gifts And Decor does not make any representation or Warranty as to specifics (such as quality, value etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
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- Manya Gifts And Decor is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Manya Gifts And Decor cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform.
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- That there can be some products that are hold and sold directly by Manya Gifts And Decor for its own interest. Only in such case Gifts and Threads hold any right, title or interest over the products or shall Manya Gifts And Decor have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
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- The Manya Gifts And Decor is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Manya Gifts And Decor is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Manya Gifts And Decor hold any any right, title or interest over the products nor shall Manya Gifts And Decor have any obligations or liabilities in respect of such contract. Manya Gifts And Decor is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
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- Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
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- You release and indemnify Manya Gifts And Decor and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Manya Gifts And Decor and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Manya Gifts And Decor cannot take responsibility or control the information provided by other Users which is made available on the Platform.
4. User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
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- You shall not host, display, upload, modify, publish, transmit, update or share any information in the areas where access is given to you such as review of products, or contact us or any other column whether currently present or shall be part of our Platform in the future. You are further directed to not to post any information which:
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- belongs to another person and to which You do not have any right to
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- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
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- is misleading in any way
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- involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”
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- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
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- infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
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- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
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- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses
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- contains video, photographs, or images of another person (with a minor or an adult).
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- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
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- interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
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- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products
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- violates any law for the time being in force
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- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation
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- shall not be false, inaccurate or misleading
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- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers
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- You shall not host, display, upload, modify, publish, transmit, update or share any information in the areas where access is given to you such as review of products, or contact us or any other column whether currently present or shall be part of our Platform in the future. You are further directed to not to post any information which:
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- A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
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- Users doesn’t reply to the payment verification mail sent by Manya Gifts And Decor
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- Users fails to produce adequate documents during the payment details verification
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- Misuse of another Users’s phone/email
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- Users uses invalid address, email and phone no.
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- Overuse of a voucher code
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- Use of a special voucher not tagged to the email ID used.
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- Users returns the wrong product
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- Users refuses to pay for an order
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- Users involved in the snatch and run of any order
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- Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to Manya Gifts And Decor
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- User with a very high return rate
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- Repeated request for monetary compensation for fake/used order
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- A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
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- Manya Gifts And Decor may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Manya Gifts And Decor:
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- Products ordered are not for self-consumption but for commercial resale
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- Multiple orders placed for same product at the same address, depending on the product category.
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- Bulk quantity of the same product ordered
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- Invalid address given in order details
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- Any malpractice used to place the order
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- Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
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- Any order paced using a technological glitch/loophole.
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- Manya Gifts And Decor may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by Manya Gifts And Decor:
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- Manya Gifts And Decor does not facilitate business to business transaction between Sellers and business customers. You are advised to refrain from transacting on the Platform if You intend to avail the benefits of input tax credit.
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- You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of Manya Gifts And Decor.
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- You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads Manya Gifts And Decor by sharing multiple address and phone numbers or transacting with malafide intentions.
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- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
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- You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
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- You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
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- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
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- From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
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- You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us.
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- The Content posted does not necessarily reflect Manya Gifts And Decor views. In no event shall Manya Gifts And Decor assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
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- Manya Gifts And Decor hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Manya Gifts And Decor Return & Exchange Policy offers you the option to return or exchange items purchased on Manya Gifts And Decor within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return or exchange of the purchased item, please refer to the “Return and Exchange Policy” available on https://www.MANYAGIFTS.com/faqs#returns.
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- Please note that you can only use Manya Gifts And Decor Credits to buy products from your registered account on the Manya Gifts And Decor app or website. Manya Gifts And Decor Credits cannot be:
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- Used for payment of orders placed on other Manya Gifts And Decor accounts.
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- Transferred to any other Manya Gifts And Decor user’s account, bank account, or wallets, etc.
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- Manya Gifts And Decor may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Manya Gifts And Decor credit, and pending refunds if any will be forfeited in such case.
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- Please note that you can only use Manya Gifts And Decor Credits to buy products from your registered account on the Manya Gifts And Decor app or website. Manya Gifts And Decor Credits cannot be:
5. Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. All the warranties associated with any kind of product or service are provided by the manufacturers and the service stations established by the manufacturers in different parts of the country. In case where the warranty has to be utilised, you will have to communicate with the manufacturer only and we shall not hold any responsibility in case the warranty is not fulfilled by the manufacturer or the service provider of the product.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
6. Selling:
As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on the Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales. The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. Manya Gifts And Decor reserves the right to delete such multiple listings of the same product listed by you in various categories.
7. E-Platform for Communication:
You agree, understand and acknowledge that Manya Gifts And Decor is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that Manya Gifts And Decor is only a facilitator and is not and cannot be a party to or control in any manner any transactions on www.MANYAGIFTS.com.
8. Indemnity:
You shall indemnify and hold harmless Manya Gifts And Decor, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
9. Trademark, Copyright and Restriction:
Platform is controlled and operated by Manya Gifts And Decor and products are sold by respective Sellers. All material on Platform, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Manya Gifts And Decor is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other Manya Gifts And Decor or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. It is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of Our various Service. However, We reserve the right to use/reproduce any content uploaded by You and You agree to grant royalty free, irrevocably, unconditionally, perpetually and worldwide right to Us to use the content for reasonable business purpose.
10. Limitation of Liability:
In no event shall Manya Gifts And Decor be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
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- the use or the inability to use the Services or Products
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- unauthorized access to or alteration of the user’s transmissions or data
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- breach of condition, representations or warranties by the manufacturer of the Products
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- any other matter relating to the services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform or Service. Manya Gifts And Decor shall not be held responsible for non-availability of the Manya Gifts And Decor during periodic maintenance operations or any unplanned suspension of access to the Manya Gifts And Decor. The User understands and agrees that any material and/or data downloaded at Manya Gifts And Decor is done entirely at Users own discretion and risk and they will be solely responsible for any damage to their mobile or loss of data that results from the download of such material and/or data. To the maximum extend that is permissible under law, Manya Gifts And Decor’s liability shall be limited to an amount equal to the Products purchased value bought by You. Manya Gifts And Decor shall not be liable for any dispute or disagreement between Users
11. Termination:
Manya Gifts And Decor may suspend or terminate your use of the Manya Gifts And Decor or any Service if it believes, in its sole and absolute discretion that you have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Service or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Service will survive indefinitely unless and until Manya Gifts And Decor chooses to terminate them.
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- If You or Manya Gifts And Decor terminates your use of the Platform or any Service, Manya Gifts And Decor may delete any content or other materials relating to your use of the Service and Manya Gifts And Decor will have no liability to you or any third party for doing so. However, your transactions details may be preserved by Manya Gifts And Decor for purposes of tax or regulatory compliance.
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- Manya Gifts And Decor may unilaterally terminate Your account on any event as mentioned in the Terms Of Use. Any credits earned through loyalty or referral program, Manya Gifts And Decor credit and pending refunds if any will be forfeited in such case. Returns/Refund for such Users shall be at the sole discretion of Manya Gifts And Decor.
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- If You use any false e-mail address or use the portal for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company or mislead Manya Gifts And Decor by sharing multiple address and phone numbers or transacting with malafide intentions then Manya Gifts And Decor reserves the right to refuse access to the portal, terminate accounts including any linked accounts without notice to you.
12. Jurisdictional Issues/Sale in India Only:
Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale in India. Manya Gifts And Decor make no representation that materials in the Platform are appropriate or available for use in other locations/Countries other than India. Those who choose to access Platform from other locations/Countries other than India do so on their own initiative and Manya Gifts And Decor is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
13. Governing Law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Chandigarh. The place of jurisdiction shall be exclusively in Chandigarh.
14. Contacting the Seller:
At Manya Gifts And Decor, we are committed towards ensuring that disputes between Sellers and Buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that You wish to contact Manya Gifts And Decor about the seller, You may proceed to do so by clicking on the seller name on the product listing pages. Alternatively, You may also reach help center at https://www.MANYAGIFTS.com/contactus
15. Disclaimer:
You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through Manya Gifts And Decor. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on Platform. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. At no time shall any right, title or interest in the products sold through or displayed on Platform vest with MANYAGIFTS nor shall MANYAGIFTS have any obligations or liabilities in respect of any transactions on Platform.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to Manya Gifts And Decor within 7 days from the alleged date of delivery of product reflecting on the Manya Gifts And Decor portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. Manya Gifts And Decor disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 7 days from the alleged date of delivery of product reflecting on the Manya Gifts And Decor portal.