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Terms and Conditions
Website User Agreement
Kindly read the following terms and conditions carefully before accessing, registering, or using the website Shipmychip.com. Your accessing the website and using any of the services therein would mean that you agree to abide by the terms and conditions spelt out in the following User Agreement.
‘www,shipmychip.com’ (the ‘Website’) is an internet based portal owned and operated by Tiyan Infotech Private Limited (the ‘Company’) a company incorporated under Companies Act, 1956 having its corporate office at Tower A, Ground Floor, Indialand Tech Park Pvt. Ltd, Keeranatham road, Coimbatore 641035, Tamilnadu, India. The use of ‘shipmychip.com’ website and all of its related sites and services is governed by the terms and conditions contained in this User Agreement as applicable to the Website and for other websites of Tiyan Infotech Private Limited and our subsidiaries and all affiliates. Further, reference to “we”, “us”, “our” and “Shipmychip” shall mean Tiyan Infotech Private Limited and include its associates, affiliates and subsidiaries. This User Agreement for the Website shall come into effect on 00:00 hours India Standard Time of 9th April, 2016.
This User Agreement is an electronic document created in accordance to the applicable rules and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record deemed to have been signed by both parties, in accordance with the terms of this Agreement, and does not require any physical or digital signatures, being generated by a computer system.
For the purpose of this User Agreement, ‘you’, ‘your’ shall mean any natural or legal person who is accessing the Website and using the services offered through the Website and has agreed to become a member of the Website by providing the Data required at Registration on the Website as Registered User or as Guest User; such a person accessing the Website and its contents will deemed to have accepted this electronic version / electronic record of the User Agreement. Thus he/she has availed himself/herself a unique user name (‘User ID’ and ‘Password’) for secure identification and become a Registered User. When you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorized access to your account. You accept responsibility for all activities that occur under your account or password. You should take necessary steps to ensure that the password is kept secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner.
The use of the Website is offered to you on condition that your use of the Website implies that you agree with all the terms, conditions and notices contained in this User Agreement, having read all terms and conditions thereof. 'Acceptance' shall mean your affirmative action by clicking 'YES' and the 'continue’ buttons, provided in the registration page or by clicking 'Buy Now' button while transacting as Guest User or any act which reflects positively your use of the Website or the services provided by the Website. Upon ‘Acceptance’, this User Agreement shall be effective and binding upon you along with any amendments made by Shipmychip at its sole discretion and posted on the Website as and when they occur.When you use any of the services provided by us through the Website, you are subject to all the policies, terms, rules, guidelines, and conditions applicable to such service, and they shall be deemed to be incorporated into this User Agreement and shall be considered as part of this User Agreement. Further it is deemed that you hereby agree that this User Agreement is being concluded and executed at Coimbatore, for all legal purposes.
As long as you comply with the provisions of this Agreement, we grant you a personal, non-transferable, limited and revocable privilege to use the Website; though this is a contract between you and the Company, you shall have no authority to bind Shipmychip.com in any manner whatsoever; further, we reserve the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
In the event of your not agreeing or are not willing to be bound by the terms and conditions of this User Agreement and Policies & Rules as displayed on the Website, please do not access or otherwise use this Website.
Any and All persons who can form legally binding contracts under Indian Contract Act, 1872 can be granted a limited and revocable right to Access and Use the Website. However, persons who are minors, under the age of 18 years, are not eligible to register as a member of the Website and cannot sell, purchase or bid for any items on the Website. If you are a minor, you cannot use the Website except through your legal guardian or parents who have registered as users on the Website. Only the duly authorized person or persons of any business entity can register; it would be deemed that such person(s) have the authority endowed to bind your business entity to this User Agreement.
Use of the Website - Access
The access and use of the website is free and you must use the website only for lawful purposes. You must provide accurate, current and complete information about yourself truthfully in our website registration form (these information being the ‘Registration Data’) and promptly update the Registration Data at all times; and you ensure that you log out from your account at the end of each session. You are responsible for all electronic communications and content sent from your computer and for all activities that occur under your User Id or email id and Password. When you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User Id and Password. You must notify us of any suspected unauthorized use of your password or account or any other breach of security immediately. Shipmychip.com shall not be liable for any loss or damage arising from your failure to do so.
Shipmychip.com will provide uninterrupted and error-free transmissions as is possible. Yet, the readability and accuracy of providing the service depend on many factors including the browser, infrastructure and connectivity of the ISP – Internet Service Provider. Shipmychip.com shall not be responsible for any failure on this front, in any way whatsoever. Shipmychip.com may occasionally suspend or restrict to allow access for repairs, maintenance, or to incorporate new facilities or services at any time without prior notice. You agree that Shipmychip, in its sole discretion, for any or no reason, and without penalty, may suspend, terminate your account (or any part thereof) or block and refuse access to the Website and remove and discard all or any part of your account, your user profile, at any time, if Shipmychip.com has reasonable grounds to suspect that the Registration Data provided by you are not in accordance with the User Agreement, being inaccurate or incomplete, untrue or not current. Upon termination for any reason, you agree to immediately stop using the Services.
Besides, Shipmychip.com shall have the right to process and use the Registration information provided by you for any legally acceptable purpose; such usage of your information by us, Shipmychip.com, does not in any way constitute violation of any rights as you agree to waive your right and grant us royalty-free, perpetual, irrevocable rights you have in your Information. You agree that all the notices and other communications provided by us, to you electronically shall be deemed the required service of notice or record and satisfy any legal requirement as if such communication be in writing.
Use of the Website - Obligations
As the User, you must not use the website in any way that can cause or likely to cause damage, interruption of access to the website or interfere with the service of the website to be disabled.
You also agree and confirm that you will undertake to follow these principles while using the Website:
1. Any and All information provided by you as the User of the Website during registration, buying or through the feedback are ‘Your Information’ for which you are fully responsible, and we only process the same on your behalf as a passive conduit or Intermediary.
2. In accordance to the Information Technology (Intermediaries Guidelines) Rules, 2011, you agree and undertake that you shall not list, display, upload, publish, transmit or share any information or item which:
(a) restricts or inhibits any other user from using and enjoying the website or otherwise injurious to third parties;
(b) belongs to another person and to which you do not have any right, or which impersonates another person or any entity and/or otherwise misrepresent identity or affiliation;
(c) can harm children or minors in any way;
(d) is illegal, or offensively violating any prevailing law, or for fraudulent purposes, or relating to a criminal offense or other unlawful activity;
(e) involves the sale of goods or services that are prohibited by any applicable law in force or restricted in any manner, or offer to sell or trade any item - counterfeit or stolen items, which is prohibited by any applicable law, rule, regulation or guideline in force.
(f) is intimidating any individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability or otherwise offensive in any manner whatsoever to be hateful and/or cause or promote discord;
(g) can harass, degrade, and is harmful, defamatory, derogatory, or invasive of another's privacy or unlawfully threatening including materials that are vulgar, offensive, profane, pornographic, indecent, obscene, sexually explicit, including ‘indecent representation of women’ as spelt out in the Indecent Representation of Women (Prohibition) Act, 1986;
(h) is deceptive, misleading, abusive, indecent, harassing, menacing or disturbing the rights of privacy or publicity, or otherwise unlawful in any manner whatsoever;
(i) infringes or violates any trademark, patent, copyright or the rights of proprietary and publicity rights or any other proprietary information;
(j) relates to transmission of ‘junk mail’, ‘chain letters’, or unsolicited mass mailing that amounts to ‘spamming’, with misleading or deceiving information about the origin of such messages and trying to communicate any information which is objectionable and grossly offensive, or contain matter of advertising of any kind;
(k) contains software viruses or other elements like Trojans, worms, or any destructive computer program that may damage the system or harmful programs designed to interrupt, destroy or limit the functionality of any computer resource or surreptitiously intercept any system to retrieve data or personal information in an unauthorized manner;
(l) shall not attempt to or circumvent or manipulate to effect or involves sale of counterfeit or stolen items, directly or indirectly, or offer any item or serviceswhich are prohibited or restricted in any manner by any applicable law, rule, regulation in force;
(m) encourages any threatening and abusive conduct that would incite commission of any cognizable criminal offence, causing civil liability or otherwise violate any law or regulation of the government or prevent investigation of any cognizable offence;
(n) shall not be false or fraudulent, misleading or inaccurate information; access the accounts of others without permission, misrepresent the source, identity or perform any other such fraudulent activity;
(o) publish, post or transmit any message that is defamatory or which discloses personal or confidential matters concerning any person, invasive of another's privacy that can cause annoyance, inconvenience or needless anxiety, and detrimentally interfere with objectionable information;
(p) threatens the unity, integrity, security or sovereignty of India, or its friendly relations with foreign States, or is insulting any other Nation;
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Shipmychip.com is only a facilitator and hence it is not and cannot be liable in any manner for what transpires on the website.
You acknowledge and agree that Shipmychip has offered the products and services, set the prices, and has now entered into this agreement in reliance upon the limitations of liability and the warranty disclaimers set forth herein which reflect a reasonable and fair amount of risk between you and Shipmychip.
You hereby agree to indemnify, defend, and hold the Company, directors, officers, agents, employees, information providers, affiliates, licensors and licensees harmless from any and all claims, losses, penalties, damages and liabilities, costs and legal expenses, arising out of or relating to your use, abuse or misuse of the services of the website, any violation by you of this Agreement, or any breach of the representations, warranties, and covenants made by you herein. You shall cooperate as fully as required in the defense of any such claim. This paragraph shall survive termination of this Agreement.
Shipmychip.com reserves the right to modify, change, add, or remove portions of this Agreement at any time by posting notifications on the website or communicating the notification to you by email. The changes will become effective, by 24 hours after the initial posting, and shall be deemed accepted by you, after the posting. If you are not agreeing with any such modification, you can terminate your use of our services.
Shipmychip.com does not make any representation or warranty, express or implied, with respect to the site, the network, the Users of the website (such as identity, creditworthiness, etc.) and services offered. We provide the website and any other technology and services on the website on an “as is where is” basis, that may include ‘with all faults’. We do not warrant the quality, worth, marketability, etc. of the items to be sold or endorse the reliability of any opinion, statement or other information displayed about services offered. Shipmychip.com reserves the right, in its sole discretion, to correct any errors or omissions, and accepts no liability for any errors or omissions – incidental or consequential, on behalf of itself or third parties displaying on our websites.
You agree that you waive all rights and grant to the Company a perpetual, unrestricted, irrevocable, royalty free license to use, copy, adapt, modify, edit, distribute, display, reproduce, transmit, and fully exploit otherwise all Communications, in all media, when you upload files, post messages, or input any form of Communication.
And, you agree that all communications involving the website are not confidential in anyway and that all such Communications may be read or intercepted by others, which is no breach of trust or otherwise deemed to have been implied contractually.
Besides, the Company reserves the right to disclose any information as needed to fulfill the requirement of any law, regulation or government request, or remove any information or refuse to post any material, which may be deemed objectionable or in violation of this Agreement.
If any condition or clause of the User Agreement is considered invalid or void for any reason whatsoever, such condition or clause shall be deemed severable and it will not affect the validity of the remaining clauses of the User Agreement; similarly the non-enforcement of any right or provision of this Agreement will not constitute a waiver of such right or provision nor the invalidity of the rest of the legal provisions and the implications of the User Agreement.
The terms of this agreement shall be governed by, and construed in accordance with the laws of India, and it shall be governed by and construed in accordance with the laws of the State of Tamilnadu. The parties agree that any dispute, controversy arising from or relating to these Terms of this Agreement shall be conducted in an appropriate court located in Coimbatore, in the State of Tamilnadu, in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. The Arbitration shall be in English.