This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and T&Cs for access or usage of www.vyla.in website.
The use of any product, service or feature (the
“Materials”) available through www.vyla.in (hereinafter referred to as “Website”) is owned by Staard E-Commerce Enterprises LLP (hereinafter referred to as
"VYLA" ), a Limited Liability Partnership firm incorporated under the provisions of the Limited Liability Partnership Act, 2008 has its registered office at 230, G/f, Village Humayun Pur, New Delhi, India - 110029.
For the purpose of these T&Cs, wherever the context so requires “You” or “User” shall mean any natural or legal person who visits or uses the Website. VYLA allows the User to surf the Website without registering on the Website. The term “We”, “Us”, “Our” shall mean VYLA .
Your use of the Website and services and tools are governed by the following terms and conditions (“T&Cs”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. Use of the Website shall subject You to the policies that are applicable to the Website. By mere use of the Website, You shall be contracting with VYLA and these terms and conditions including the policies constitute Your binding obligations, with VYLA.
This Website, including all Materials present (excluding any applicable third party materials), is the property of VYLA and is copyrighted and protected by worldwide copyright laws and treaty provisions. You hereby agree to comply with all copyright laws worldwide in Your use of this Website and to prevent any unauthorized copying of the Materials. VYLA does not grant any express or implied rights under any patents, trademarks, copyrights or trade secret information.
When you use any Materials provided by us through the Website you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services and they shall be deemed incorporated into the T&Cs and considered a part and parcel of the T&Cs. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of the T&Cs at any time and without any prior written notice to you. It is your responsibility to review the T&Cs periodically for updates/changes. Your continued use of the Website following the changes will mean that you accept and agree to the revisions. As long as you comply with the T&Cs, we grant you a personal, non-exclusive, non-transferable, and limited privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE T&CS, SO PLEASE READ THE T&CS CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these T&Cs, You also accept and agree to be bound by VYLA Policies (including but not limited to Privacy Policy available on Privacy Policy as amended from time to time.
USER ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Website and shall not use the website. As a minor if you wish to use the website, such use may be made by your legal guardian or parents on the Website. VYLA reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to VYLA’s notice or if it is discovered that you are under the age of 18 years.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this T&Cs, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
COMMUNICATIONS
When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
CHARGES
Membership on the Website is free. VYLA does not charge any fee for browsing the Website. In particular, VYLA may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website.
You may be permitted to post comments and feedback on products listed / sold on the Website. By doing so, You expressly agree and acknowledge to abide by the following:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
a. belongs to another person and to which You do not have any right;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c. is misleading in any way;
d. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
e. harasses or advocates harassment of another person;
f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
g. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
h. infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
i. promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
j. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
k. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
l. contains video, photographs, or images of another person (with a minor or an adult).
m. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, account information or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
n. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
o. interferes with another User’s use and enjoyment of the Website or any other User’s enjoyment of similar services;
p. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these T&Cs.
q. infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
r. violates any law for the time being in force;
s. impersonate another person;
t. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
u. 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.
v. shall not be false, inaccurate or misleading;
w. shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of VYLA or its associate companies or sellers on platform or otherwise tarnish or dilute any VYLA’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or VYLA’s systems or networks, or any systems or networks connected to VYLA.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful or prohibited by these T&Cs, or to solicit the performance of any illegal activity or other activity which infringes the rights of VYLA and / or others.
9. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations.
10. Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content You provide. You agree that any content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.
11. You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the www.vyla.in or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these T&Cs to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
12. We reserve the right, but have no obligation, to monitor the materials posted on the Website. VYLA shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these T&Cs. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect VYLA views. In no event shall VYLA assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Posting on the Website:
VYLA does not claim ownership of the materials You provide to VYLA (including feedback and suggestions) or post, upload, input or submit to any section of the Website, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) Your Submission You are granting VYLA, its affiliated companies and necessary sub-licensees permission to use Your Submission in connection with the operation of their business, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; to publish Your name in connection with Your Submission; and the right to sublicense such rights to any other party.
You hereby acknowledge and agree that no compensation shall be paid or no future commercial consideration has accrued with respect to the use of Your Submission by VYLA, as provided herein. VYLA shall be under no obligation to post or use any Submission You may provide and VYLA shall remove any Submission at any time at its own sole discretion.
By Posting a Submission You hereby warrant and represent that You own or otherwise control all of the rights required under worldwide law for Your Submission as described in these T&Cs including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions.
DISCLAIMER OF WARRANTIES AND LIABILITY
This Website, all the Materials and information/content (including but not limited to software) and services, included on or otherwise made available to You through this website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, VYLA does not warrant that:
- This Website will be constantly available, or available at all; or
- The information on this Website is complete, true, accurate or non-misleading.
VYLA will not be liable to You in any way or in relation to the Materials of, or use of, or otherwise in connection with, the Website. VYLA does not warrant that this site; information, content, Materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
INDEMNITY
You shall indemnify and hold harmless VYLA, 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 T&Cs, 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.
LIMITATION OF DAMAGES
In no event shall VYLA or any of its subsidiaries or affiliates be liable to any entity for any direct, indirect, special, consequential or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of, or the inability to use, the content, materials, and functions of this Website or any linked Website, even if VYLA is expressly advised of the possibility of such damages.
DISCLAIMER
The Website may contain inaccuracies and typographical and clerical errors. VYLA expressly disclaims any obligation(s) to update this Website or any of the materials on this website. VYLA does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. VYLA reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. VYLA may make any other changes to the Website, the materials and the products, programs, services or prices (if any) described in the Website at any time without notice. This Website is for informational purposes only and should not be construed as technical advice of any manner.
APPLICABLE LAW
T&Cs shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.
CONTACT US
Please contact us at communications@VYLA.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.
GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
StaarD e-commerce enterprises Private limited
230, G/f, Village Humayun Pur
New Delhi, India - 110029