1. Acceptance of Terms of Use
These Terms of Use govern your use of the content and services offered through www.Eyanaa.com (“Site”). By using the Site you (“User”) agree to be bound by these Terms of Use. You agree that you are of legal age to enter into binding contracts, have read, understood and are bound by the User Agreement. If you do not want to be bound by this User Agreement, you should not use this Website or conduct any sale/purchase transaction. Eyanaa (as defined below) may update these Terms of Use, from time to time, as it deems fit. You are responsible for checking these Terms of Use periodically to remain in compliance with these terms. Your use of a Site after any amendment to the Terms of Use shall constitute your acceptance of these terms and you agree to be bound by any such revisions to the Terms of Use.
2. Definitions
“Products” means the goods and services displayed on the Site and offered for sale/use.
“Site” means www.eyanaa.com and operated by Mefro Organics Limited
“Merchant” shall mean the person or any legal entity that offers for sale or sells the Products on the Site.
“Voucher” means the coupon or code purchased by the User for availing discounts on Products offered by the Merchant that is valid for a period of time as per terms stated on it.
“User” shall mean the end user accessing the Website, its contents and using the Functionalities offered through the Website, it includes the customer or buyer, who purchases the Voucher for availing discounts on Products offered for sale by the Merchant through the Site.
3. Registration
Registration of the User on the Site is mandatory. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party’s user ID and Password for any purpose whatsoever without proper authorization from such party. User is responsible for the security of User’s password and for all transactions undertaken using User’s password through our service. User confirms that he/she is the authorized holder of the credit card or the original account holder used in the transactions under this Site. The User also agrees and undertakes to immediately notify Eyanaa of any unauthorized use of the User’s password or user ID and to ensure that the User logs off at the end of each session at the site or any other breach of security. Eyanaa shall not be responsible for any, direct or indirect, loss or damage arising out of the User’s failure to comply with this requirement. The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form (“Registration Data”) on the Site; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provides any information that is untrue, inaccurate, not current or incomplete or Eyanaa has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Eyanaa shall have a right to suspend or terminate User’s registration and refuse any and all current or future use of the Site. Furthermore, the User grants Eyanaa the right to disclose to third parties and the Merchant the Registration Data to the extent necessary for the purpose of delivery of Vouchers and/or Products.
4. Online Payment
In order to facilitate payments for Products purchased by you through the Site. Eyanaa at the request of the Merchants, offers a secure online payment gateway facility that will enable you to make payments in respect thereof to the Merchants using a credit/debit card account, subject to your complete acceptance and adherence to the terms and conditions hereof as well as the terms and conditions of the Site of the payment gateway service providers.
In a credit card/ debit card/ net banking transaction, you must use your own credit card/debit card.. You agree, understand, undertake and confirm that the credit/debit card details provided by You for making payments for Products purchased through Eyanaa, either through the on-line payment gateway mechanism or IVR will be correct, current, complete and accurate and you shall not use the credit card/ debit card or any other bank account which is not lawfully owned by you. The aforesaid information provided by you will not be shared by Eyanaa with any third party unless required by law, regulation or court order or for facilitating and completing the purchases made by you. Eyanaa shall not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password/credit card number/account details in anyway.
5. Changes
Eyanaa reserves the right to suspend, cancel, discontinue or make modifications and alterations in any Vouchers or Product descriptions or other content displayed on the Site at any time without notice.
6. User’s Obligations
You will be responsible for all activities occurring under your name and account and for keeping your password secure and for maintaining its confidentiality and will immediately notify Eyanaa of any unauthorized use of your account or any other breach of security known to you.
You further agree not to engage in the following prohibited activities as listed below:
You shall not host, display, upload, modify, publish, transmit, update or share any information on the Site, that:
belongs to another person and to which you do not have any right to;
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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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.
post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horses, time bombs, bots, botnets, malicious Content, Content theft, data manipulation, threats or any other harmful programs or elements or component;
delete from the Site any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify
use the Site in any manner that could damage, disable, overburden, or impair and not to undertake any action which is harmful or potentially harmful to any Eyanaa server, or the networks, computer systems / resource connected to any Eyanaa server, or interfere with any other party’s use and enjoyment of the Site;
obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
engage in any activity that causes / may harm minors; or
perform any activity which is likely to cause such harm;
impersonate any person or entity, including, but not limited to, Eyanaa’s official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
take any action which encourages or consists of any threat of harm of any kind to any person or property
carry out any denial of service (whether DoS or DDoS) or any other harmful attacks on application or internet service or;
make any inappropriate, illegal or otherwise prohibited communication to any newsgroup, mailing list, chat facility, or other internet forum
use the Site for illegal purposes;
disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to make or attempt any unauthorized access to any Eyanaa Site or the Site of any Eyanaa’s customer;
transmit through the Site, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable material of any kind or nature. This includes text, graphics, video, programs or audio, etc.
collect or attempt to collect personally identifiable information of any person or entity without their express written consent and you shall maintain records of any such written consent throughout the terms of this agreement and for a period of 2 years thereafter;
engage in antisocial, disruptive, or destructive acts, including flaming, spamming, flooding, trolling, and griefing as those terms are commonly understood and used on the Internet.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
upload, post, email, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, duplicative messages or any other form of solicitation
encumber or suffer to exist any lien or security interest on the subject matter of this Agreement; or make any representation or warranty on behalf of Eyanaa.
In addition, your right to use the Site is personal to you. You agree not to resell or make any commercial use of the Site without the express written consent of Eyanaa. You are solely responsible for the content of your transmissions through our Site. Your use of the Site is subject to all applicable local, state, national and international laws and regulations.
Any Content uploaded by you shall be subject to relevant laws and may disabled, or and may be subject to investigation under appropriate laws. Furthermore, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Site, we may terminate your account/block your access to the Site and we reserve the right to remove any non-compliant Content uploaded by you.
7. Comments Policy
Eyanaa accepts no responsibility for the comments made on the posts and any harm resulting thereof.
Eyanaa reserves the right to edit or delete any comments submitted by the User without notice if:
The comments are deemed to be spam or questionable spam
The comments are harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
Eyanaa makes no representations as to the accuracy or completeness of any comments on this Site or found by following any link on this Site.
Eyanaa shall not be liable for (a) any errors or omissions in the comments or (b) for the availability of these comments.
8. Disclaimer of Warranties and Liability
Your use of the Site is at your own and sole risk. All content displayed on the Site is for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. The information from or through this Site is provided on “AS IS” basis, and all warranties and conditions, expressed or implied of any kind, regarding any matter pertaining to any content,/ information, or service, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, etc., are disclaimed and excluded. Eyanaa does not warrant that descriptions or other content or prices related to the Products, Vouchers or other information and content contained on the Site is accurate, complete, reliable, current, or error-free. Notwithstanding anything to the contrary, Eyanaa’s entire liability to you shall be the refund of the money charged from you for product, under which the unlikely liability arises. Under no circumstances shall Eyanaa be liable for any indirect, incidental, special, punitive or consequential damages, any loss of profits/revenue/goodwill or any indirect or remote loss that you or your friends and family may suffer. All specifications, features, quality, workmanship, performance, warranties, guarantees relating to the Product(s) showcased on this Site and services related thereto are from the manufacturers, retailers and others and duly verified by independent agencies, wherever specifically claimed to that effect. Eyanaa is not responsible and/or liable in any manner whatsoever to all that is stated about the Products, in relation to the performance, quality of the Products, equipments, etc. and/or also with regard to the views, opinions, etc. stated/featured in relation to the Products.
The images shown on the Site may differ from the original Product. Results mentioned in relation to any Product may vary from person to person or from situation to situation or from state to state depending on the place of proposed delivery and availability of the Product in that region. All effort has been taken to make the content accurate on a best effort basis and the producer will be glad to ensure rectification of any inaccuracies that may have crept in, on being pointed out.
9. Indemnity
You shall indemnify, defend and hold harmless Eyanaa and Eyanaa’s parent company, subsidiaries, affiliates, third-parties 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 these Terms of Use.
10. Termination/Suspension
Eyanaa reserves its right to refuse service, restrict, suspend, terminate your Account; terminate this agreement; terminate or suspend your access to the Sites; move, or remove any Product or Voucher that is available on the Site; deactivate or delete your accounts and all related information and files in your account; establish general practices and limits concerning use of this Site at any time, in its sole discretion with or without cause, and with or without any prior notice for any violation of the Terms of Use. Upon such termination or suspension, your right to use the Site will immediately cease, the data stored by you in your Account shall cease to be available to you and Eyanaa shall not be obliged to provide you the same for any reason whatsoever.
11. Relationship
None of the provisions of this agreement, terms and conditions, notices or the right to use the Site by the User contained herein or any other section or pages of the Site and/or the linked sites, shall be deemed to constitute a partnership between the User and Eyanaa and no party shall have any authority to bind or shall be deemed to be the agent of the other in any way.
12. Communication with Users
Eyanaa reserves the right to communicate with Users regarding this Site, User’s use of the Site or any Product or Voucher purchased by User on this Site. You hereby agree and consent to receive messages from Eyanaa from time to time in relation to any new deals or in relation to the purchase of Vouchers by the User irrespective of your registration for Do Not Disturb/Call as per TRAI regulations.
13. Force Majeure
Eyanaa shall have no liability to you for any interruption or delay, to access the Site irrespective of the cause. Eyanaa shall also not be liable in case such interruption or delay in accessing the Site or any failure or delay in delivery of Vouchers is due to any element of nature or Act of God, fire, flood, earthquake, war, explosion, acts of terrorism, governmental action, riots, insurrection, breakdown of internet connection, power failure, strikes or labour disputes
14. Governing Law and Jurisdiction
This Terms of Use 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 Chandigarh.
15. Notice of Copyright Infringement
Eyanaa is not liable for any infringement of copyright arising out of materials posted on or transmitted through the Site, or items advertised on the Site, by end users or any other third parties. Our policy is to comply with all intellectual property laws and to act expeditiously upon receiving any notice of claimed infringement.
16. Decline of authorization for any Transaction
We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.