Netayan

Netayan Terms of Use

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 Terms of Use for access or usage of domain name [www.netayan.com][www.netayan.com] (“Website”), including the related mobile site and mobile application (hereinafter referred to as “Platform”)

The Platform is owned by Netayan, registered in Mumbai, india (hereinafter referred to as "Netayan").

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with Netayan and these terms and conditions including the policies constitute Your binding obligations, with netayan.

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 the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. Netayan allows the User to surf the Platform and/or making purchases after registering on the Platform. The term "We", "Us", "Our" shall mean Netayan.

When You use any of the product/s and/or service/s provided by Us through the Platform, You will be subject to 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. It is Your responsibility 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.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by netayan Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

Transaction on the Platform 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 un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you may use the Platform or access content on the Platform only under the supervision and prior consent/ permission of a parent and/or legal guardian.

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. Netayan reserves the right to terminate your account and / or refuse to provide you with access to the Platform if it is brought to Netayan's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Your Account and Registration Obligations

If You use the Platform, 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 the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership/account on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

You agree that netayan shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.

If You share or allow others to have access to Your account on the Platform (“Account”), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Communications

When You use the Platform 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 any other mode of communication, electronic or otherwise.

Platform for Transaction and Communication

The Platform is a platform that User/s utilize to meet and interact with one another for their transactions. Netayan is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

Henceforward:

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. Netayan 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. All discounts, offers (including exchange offers), if any are available and/or provided, are by the Seller/Brand and not by netayan.
Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
Netayan does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Netayan does not implicitly or explicitly support or endorse the sale or purchase of any products and/or services on the Platform. netayan accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Netayan is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Netayan cannot and does not guarantee that the concerned Buyer/s and/or Seller/s will perform any transaction concluded on the Platform. Netayan shall not and is not required to mediate or resolve any dispute or disagreement between Buyer/s and Seller/s.
Netayan does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its product/s and/or service/s. You are advised to independently verify the bona fides of any particular product/s and/or service/s that You choose to deal with on the Platform and use Your best judgment in that behalf.
Netayan does not have direct control of any type, over the product/s and/or service/s offered by other sellers to buyers, using coupon/s created here at this website.
At no time shall netayan hold any right, title or interest over the products nor shall Flipkart have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers, using coupons created at this website. Netayan is not responsible for unsatisfactory or delayed performance of product/s and/or service/s or damage/s or delay/s as a result of product/s and/or service/s which are out of stock, unavailable or back ordered.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell product/s and/or service/s. Netayan is only providing a platform for communication and it is agreed that the contract for sale of any of the product/s and/or service/s shall be a strictly bipartite contract between the Seller and the Buyer.

At no time shall Netayan hold any right, title or interest over the product/s and/or service/s nor shall netayan have any obligations or liabilities in respect of such contract.

Netayan is not responsible for unsatisfactory or delayed performance/s of service/s and/or damage/s and/or delay/s as a result of product/s and/or service/s which are out of stock, unavailable or back ordered.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller/s that You transact with.

Disclaimer: 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.

You release and indemnify netayan 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 Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Netayan cannot take responsibility or control the information provided by other Users which may be available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Signup on the Platform is free for visitors. Netayan does not charge any fee for browsing and buying on the Platform, for visitors . Netayan reserves the right to change its Fee Policy from time to time. In particular, Netayan may at its sole discretion introduce new service/s and modify some or all of the existing service/s offered on the Platform. In such an event Netayan reserves the right to introduce fees for the new service/s offered or amend/introduce fees for existing service/s, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Netayan.

Use of the Platform

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You does not have any right to;

(b) 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; 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;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, 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 libellous;

(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 material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) 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;

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, Netayan's prior written consent means a communication coming from Netayan's Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;

(r) refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) 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;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) 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;

(y) 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.

(z) shall not be false, inaccurate or misleading;

(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

(ab) 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;

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.
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.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, 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 Platform.
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 including the terms Netayan and/or www.netayan.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of netayan or sellers on platform or otherwise tarnish or dilute any netayan's trade and/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 Platform or netayan's systems or networks, or any systems or networks connected to netayan.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
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 Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Flipkart and / or others.
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 product/s and/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.
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 will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
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.
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. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform 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. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. 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 Platform) 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.

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Netayan 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 Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect netayan views. In no event shall Netayan 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. Whenever there is a calculation in decimal points, netayan can decide to make that calculation in rounded figure, in multiple of one.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related product/s and/or service/s, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
Netayan shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own and/or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
If you choose to browse or transact on the Platform using the voice command-based shopping
feature, you acknowledge that netayan and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve netayan’s and/or its affiliates’ product/s and/or service/s. Netayan’s and/or its affiliates’ use of your voice data will be in accordance with the netayan’s Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. Netayan reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.
You acknowledge and agree that Hindi translation feature may be, in future, made available on the Website on a reasonable effort basis for convenience only, without any representation or warranties by Netayan, express or implied, including it being error free, its accuracy, completeness or reliability. Netayan expressly disclaims any liability of any nature whatsoever arising from or related to the said Hindi translation feature. Some features and sections on the Website may not be translated in Hindi language, and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Website, the English version on the Website shall prevail. This feature may not be accessible on certain devices. Netayan reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Netayan has no control over such third party user generated content as Flipkart is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Platform and no 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, Platform or other medium for publication or distribution or for any commercial enterprise, without Netayan's express prior written consent.

You may use information on the products and services purposely made available on the Platform for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. 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.

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.Our current Privacy Policy is available at Privacy. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Platform. If You object to Your Information being transferred or used in this way please do not use Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Service/s, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share and/or sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Disclaimer of Warranties and Liability

This Platform, all the material/s and product/s (including but not limited to software) and service/s, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified. Without prejudice to the forgoing paragraph, Netayan does not warrant that:

This Platform will be constantly available, or available at all; or

The information on this Platform is complete, true, accurate or non-misleading.

Netayan will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Netayan does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Product/s and/or service/s 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, SMS notifications, mobile applications and/or any other electronic mode of communication 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.

Selling

As a registered seller, you are allowed to list item(s) for sale as you require 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 our 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. Netayan reserves the right to delete such multiple listings of the same product listed by you in various categories.

Services

Payment

While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

Lack of authorization for any transaction/s, and/or
Any payment issues arising out of the transaction/s, and/or
Decline of transaction for any other reason/s

All payments made against the purchase/s and/or service/s on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchase/s made on Platform.

Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render netayan liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the product/s and /or service/s listed on netayan's Platform.
You have specifically authorized netayan and/or its product/s and/or service/s provider/s to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with netayan is on a principal to principal basis and by accepting these Terms of Use you agree that netayan is an independent seller for all purposes, and does not have control of or liability for the product/s or service/s that are listed on netayan's Platform that are paid for by using the Payment Facility. Netayan does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.

You understand, accept and agree that the payment facility provided by netayan is neither a banking nor financial service but is merely a facilitator providing an online electronic payment way, on the netayan Platform using Ewallet.

Payment Facility for Buyers:

You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the product/s and /or service/s from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your ewallet.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility, on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies. Delivery of product/s will be made by courier company’s person or post office’s person or person of netayan company.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate netayan Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility by ewallet may not be available in full and/or in parts for certain category of product/s and/or service/s and/or Transaction/s.
Refund, if any, shall be made through any method, as per decided by netayan.
For Cash On Delivery transactions, if made any, refunds, if any, will be made through any method, as per decided by netayan.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, Refund, if any, shall be made through any method approved by reserve bank of india (RBI) and as per decided by netayan.
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to netayan in case of any misuse by Buyer.
We may also request you for additional documents for verification.
Refund shall be subject to Buyer complying with Policies.
netayan reserves the right to impose limits on the number of Transactions or Transaction Price which netayan may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
netayan reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with netayan or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
netayan may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions, if any) Transaction Price from the Buyer for security or other reasons at the discretion of netayan. As a result of such check if netayan is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, netayan shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of netayan.
netayan may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if netayan deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, netayan may hold Transaction Price and netayan may not inform Seller to Dispatch or remit Transaction Price, if any, to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that netayan will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of netayan.

Compliance with Laws:

As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and netayan Platform.

Buyer's arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ and other payment instruments, if used on the platform, are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts, if used on the platform, are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Netayan's Replacement Guarantee*

Netayan's Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers, if any, on the Platform. The return policy period (netayan's Replacement Guarantee) depends on the product category and the seller. Kindly contact netayan to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions

Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement:

Damages due to misuse of product;
Incidental damage due to malfunctioning of product;
Any consumable item which has been used/installed;
Products with tampered or missing serial/UPC numbers;
Digital product/s and/or service/s
Any damage/defect which are not covered under the manufacturer's warranty
Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
Jewellery which is 'made to order' on customer's request

On Clothing and Footwear, qualified sellers accept 30 day exchange subject to the following conditions:

Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.

Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

Returns are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing freebies, etc.

Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee. Kindly contact netayan to know the return policy period (Replacement Guarantee) applicable for different categories.

If netayan has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, netayan may also, while reserving its rights to initiate civil and/or criminal proceedings against such buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on netayan will not be allowed to return their products.

Netayan reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Netayan may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Exchange Offers:

By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).

I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.

You agree to indemnity and keep indemnifying netayan.com and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by Flipkart.com, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.

I confirm that all the data in the said device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, netayan.com, Seller and/or the Manufacturer, if any, shall not be responsible for the same and I will not approach netayan and/or netayan.com for any retrieval of the data.

I hereby give my consent that my personal information that I have provided in connection with this buyback program might be processed, transferred and retained by the retailer and other entities involved in managing the program for the purposes of validating the information that I provided herein and for the administration of the program.

I agree to indemnity and keep indemnifying the netayan and/or netayan.com and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by netayan and/or netayan.com, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.

I understand once a device is sent by me to netayan, in no scenario can this device be returned back to me.

I understand that the new device delivery and the old device pickup may happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.

Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offers.

Digital Content: Ebooks

Only certain short listed ebooks (at the sole discretion of netayan) shall be available to read on the Platform. You may be able to read these ebooks at netayan.com website.

Rights Granted: ebooks right is a non-exclusive, non-transferable right to use subject to and in accordance with the Terms of Use. You may read one or more than one ebooks subject to and in accordance with the Terms of Use, at website www.netayan.com. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the ebook/s.You acknowledge that the ebook/s embodies the intellectual property of a netayan and is protected by law.

Explicit Consent: You agree that we shall have no liability to You for ebook/s accessed by You on the Platform, if You find the ebooks to be offensive, indecent or objectionable and expressions through the text inside the ebook/s or by any other way the ebook/s are displayed and/or provided.

Cash on Delivery as a mode of payment is not available for purchasing ebooks on the Platform currently.

Further, netayan assumes no liability if your browser does not support the ebook format made on the Platform, by whatever name called.

Netayan may, from time to time, at its sole discretion, remove and/or replace and/or edit ebook/s from the Service without notice to you.

Digital Content: eBooks

ebook : You will be able to subscribe eBooks on the Platform. Ebook/s shall be provided to you as per your selection, subject to certain limitations as described herein.

You will need to be signed up with netayan at website www.netayan.com to make an ebook subscription. The eBook/s which you subscribe to, from the netayan Platform shall be added in your login inside from where you can read the subscribed eBook/s. Each subscribed ebook will be made available inside the subscriber’s login for reading.

Guidelines for Ebooks: The Guidelines for ebooks enables netayan to restrict certain permissions. The guidelines for ebooks restrict the following commands:

Command/s	Allowed or not allowed
Printing, right click functions of mouse of computer	Not Allowed
Copy, download	Not Allowed
SavinSoftware for use other than in connection to the reading, Images	Not Allowed

Rights Granted: Upon your payment of our fees for ebook, we grant you a non-exclusive, non-transferable right to read the ebook for your personal, non-commercial use, subject to and in accordance with the Terms of Use. You may read the ebook only for your personal, non-commercial use, subject to and in accordance with the Terms of Use.

You represent, warrant and agree that you will use the ebook only for your personal, non-commercial use and not for other use restricted in this Section. You agree not to infringe the rights of the copyright owners and to comply with all applicable laws in your use of the ebook. You agree that you will not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use ebook.

You are not granted any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for ebook. You acknowledge that the ebook embodies the intellectual property and is protected by law.

Explicit Consent: You agree that we shall have no liability to you for ebook available for subscription on the Platform, if you find the same to be offensive, indecent or objectionable.

Payment: The Price List for each ebook displayed on the Platform represents the full retail price (inclusive of all taxes unless specified otherwise) for said ebook. You shall pay for subscription for such each ebook as per information available on the Platform.

The Price List mentions the prices of each ebook and the User shall pay in Indian Currency (i.e. Indian Rupee). We reserve our right to change the prices of the ebook and services and the availability of the same at our sole discretion.

Netayan will allow the user to subscribe to ebook using the mode of payment, as per instructed on platform.

Cash on Delivery as a mode of payment is not available for subscribing to ebook on the Platform currently.

Payment if made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any agent involved in any of the above payment modes, You agree that you shall pay all amounts due upon demand by us.

All Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not accept returns of eBooks.

You bear all risk of loss after purchase of ebook/s, We may, from time to time, at our sole discretion remove and/or add and/or edit eBooks from the Service without notice.

Intellectual Property Rights: It is hereby specifically recorded that the copyright and other Intellectual Property in the ebook available on the Platform is the sole and exclusive property of netayan.

Your request to read an ebook is personal to you, and the ebook may not be used, sold, rented, transferred, licensed or otherwise provided to any other user.You shall promptly notify us in writing upon your discovery of any unauthorized use or infringement.

Software: We may make available to you, if decided and/or required by us, from time to time, software or updates for your use in connection with the reading of eBooks (any and all such software, individually and collectively, the "Software").

You may use the Software only in connection with the reading of eBook/s on the Platform. You may not separate any individual component of the Software for use other than in connection to the reading,

may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Without limiting the Disclaimer of Warranties and Limitation of Liability in this terms of use, in no event shall our or our and/or our Digital Content providers' total liability to You for all damages arising from your use of the Service, the Digital Content, or information, materials or products included on or otherwise made available to You through the Service (excluding the Software), exceed the amount You paid for subscription, on the Service, the Digital Content related to Your claim for damages.

Digital Content: netayan Ideas

These Terms of Service (“Terms”) govern your access to and use of netayan Ideas (hereinafter referred to as “Content”). By viewing the Contents you agree to be bound by these Terms. Content posted on the Platform is public and can be viewed by everyone who can see the Page.
Netayan may be hosting the Content generated by third party users (“Content Owner”), within the netayan Platform for convenience of Platform Users, and as such, netayan has no ownership or control whatsoever in the Contents displayed. The Contents posted by the Content Owners are of personal views wherein netayan plays no role in creating/developing the Content. You are responsible for your use of the Platform for viewing the Content.
By hosting the Content on the Platform, netayan is neither guaranteeing nor giving any warranty, nor making any representation with respect to the Contents. netayan is neither endorsing the views, products or the Services, nor is it responsible for quality or features of the content displayed on the Platform.
Any information on the Platform, whether the content or any other information, have not been verified by netayan, therefore, netayan shall not be responsible for any such content or information. netayan will not bear any obligation or liability if You rely on the Contents.
If You choose to view or rely, netayan will neither be a party to nor in any manner concerned with the same nor be liable or responsible for any act or omission of the Content Owner.
You hereby acknowledge that the Contents are created and owned by Content Owners who own all the rights including the copyrights in the contents. The Contents are available on the Platform for personal use only and you shall not use it for any commercial, promotional, resale or further distribution purposes.
Any use or reliance on any Content or materials obtained by you through the Content is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Platform or endorse any opinions expressed via the contents. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. netayan may not monitor or control the Content posted on the Platform and, we do not take responsibility for such Content.
We reserve the right to remove Content that violates the Terms of Use, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to netayan.
You may find content that offends you or that you simply don’t like, but that doesn’t violate the content guidelines. If that happens, you can unfollow the user who posted it or hide the post
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. netayan makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Content, will create any warranty or representation not expressly made herein.
By using the Services you agree that netayan, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible by Law.
We may revise these Terms from time to time.

Digital Content: netayan Video

These Terms of Service (“Terms”) govern your access to and use of netayan Video (hereinafter referred to as “Content”). By viewing the Contents you agree to be bound by these Terms. Content posted on the Platform is public and can be viewed by everyone who can see the Page.
The Content may be hosted on netayan.com website and/or on netayan app only (“Platform”), that is owned and operated by netayan (“netayan”, “We” or “Our”).
Use of netayan Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.You must be 18 years of age, to avail the Services. Minors may only use the service under the supervision of an adult.
netayan may be hosting the Content generated by third parties (“Platform Partners/Content Owners”) as well as netayan (“netayan Original”) (collectively referred as “Content”) , within the netayan Platform for convenience of Platform Users free of cost that will allow you to access the digital Content.. As such, netayan has no ownership or control whatsoever in the Contents displayed which are third party generated. The Contents posted (other than Flipkart Originals) are third party generated contents wherein netayan plays no role in creating/developing the Content. You are responsible for your use of the Platform for viewing the Content.
By hosting the Content on the Platform, netayan is neither guaranteeing nor giving any warranty nor making any representation with respect to the Contents. netayan is neither endorsing the views, products or the Services, nor is it responsible for quality or features of the content displayed on the Platform.
Any information on the Platform, whether the content or any other information (other than netayan Original), have not been verified by netayan, therefore, netayan shall not be responsible for any such content or information. netayan will not bear any obligation or liability if You rely on the Contents.
If You choose to view or rely, netayan will neither be a party to nor in any manner concerned with the same nor be liable or responsible for any act or omission of the Content Owner.
You hereby acknowledge that the Contents are created and owned by Content Owners who own all the rights including the copyrights in the contents. The Contents are available on the Platform for personal and non-commercial use only and you shall not use it for any commercial, promotional, resale, further distribution or any other unauthorized purposes. You agree not to use the service for public performances.
You further acknowledge that all the intellectual property rights contained in netayan Original, contents are solely owned by netayan. During your access to netayan platform, we grant you a limited, non-exclusive, non-transferable, revocable right to access the netayan Video service and view the Content. Except for the foregoing, no right, title or interest shall be transferred to you.
We can terminate your account or place your account on hold in order to protect our/Partners interest from an actual, probable or suspected theft or other fraudulent activity.
Any use or reliance on any Content or materials obtained by you through the Content is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Platform or endorse any opinions expressed via the contents. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the Content Owners who originated such Content. netayan may not monitor or control the Content posted on the Platform and, we do not take responsibility for such Content.
We reserve the right to remove Content that violates the Terms of Use, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
We may use information such as device ID, location or an account email address used with an existing netayan account to determine eligibility and any offers therof.
We may share personal information with our other corporate entities and Platform Partners only for the purposes of giving enhanced customer services. You hereby consent to sharing your information with Third parties unless you specifically opt out. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to netayan.
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. netayan makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Content, will create any warranty or representation not expressly made herein.
By using the Services you agree that netayan, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible by Law.
You shall indemnify and hold harmless netayan its owner, licensee, affiliates, subsidiaries, group companies, partners (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
Governing laws: The ToU shall be governed, interpreted, and construed in accordance with the applicable laws.
We may revise these Terms from time to time.

Indemnity

You shall indemnify and hold harmless netayan, 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.

Applicable Law

Unless otherwise specified, the material on the Platform is presented solely for the purpose of sale. netayan 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 this site from other locations/Countries other than India do so on their own initiative and netayan is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India,

Trademark, Copyright and Restriction

This site is controlled and operated by netayan and product/s are sold. All material on this site, including images, illustrations, audio clips, and video clips, may be protected by copyrights, trademarks, and other intellectual property rights. Material on Platform 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 Platform 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.

Trademark complaint

netayan respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to netayan.

Product Description

netayan we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL netayan BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Please for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Contact for Grievance

You may contact netayan using contact details provided at netayan website www.netayan.com for any grievance. These contact details may be updated from time to time.

POLICIES

Profanity Policy

Netayan prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on Seller pages and all other areas of the site that another User may view. If the profane words are part of a title for the item being sold, we allow Sellers to 'blur' out the bulk of the offending word with asterisks (i.e., s*** or f***).

Please report any violations of this policy to the correct area for review:

Report offensive Display Names
Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Platform; or email communication between Users in relation to transactions conducted on Platform contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

netayan will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:

Limits placed on account privileges;
Loss of special status;
Account suspension.

netayan shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if netayan is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) decreases the popularity of the product, netayan shall have the right to delete the customer review. netayan shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

Replacement Guarantee*

The Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller.

If netayan has suspicion or knowledge, that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then netayan may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and seller and /or disqualify that User and any related Users from availing protection through this program.

netayan reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, netayan may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

For more details related to Replacement Policy, refer to s/help/cancellation-returns

Returns Policy

Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the netayan Platform. Following situations may arise:

Item was defective
Item was damaged during the Shipping
Products was / were missing
Wrong item was sent by the Seller.

Return could also result in refund of money in most of the cases.

Points to be noted:

Seller can always accept the return irrespective of the policy.
If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection Program*.

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer needs to raise the return request within the return period applicable to the respective product.Once Buyer has raised a return request by contacting Us, Seller while closing the return ticket can select one of the following:

Replace after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
Refund after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
Refund without shipment collection - Seller has agreed to refund the buyer without expecting the original shipment back)
Replace without shipment collection - Seller has agreed to replace the order without expecting the original shipment back)
On certain select days as specified by netayan separate policies may be applicable.

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:

Category	Condition
Electronics	Should be included
Clothing and Footwear	Should be "New & Unworn" (other than for trial)
Beauty, Health & Personal Care	Should be "New & Unopened"
Sports & Equipment	Should be "New" and returned with original packaging
Office Products	Should be "New" and returned with original packaging
Jewellery	Should be "New" and returned with original packaging

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.

Shipping cost for returning the product shall be borne and incurred by the Seller.

Replacement

Definition: Replacement is the action or process of replacing something in place of another. A Buyer can request for replacement whenever he is not happy with the item, reason being Damaged in shipping, Defective item, Item(s) missing, wrong item shipped and the like.

Points to be noted:

Seller can always accept the return irrespective of the policy.
If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.

Buyer needs to raise the replacement request within the return period applicable to the respective product. Once Buyer has raised a replacement request by contacting Us with details provided on the Platform. Once the replacement request has been raised, the following steps shall be followed:

Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:
Shipping was damaged
Item was defective
Item Dead on Arrival
Item(s) were missing
Wrong item sent
An intimation shall be provided to Seller seeking either "approval" or "rejection" of the replacement request.
In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product, Seller shall be obliged to provide the replacement product to the Buyer.
Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to netayan.

In case the Seller doesn't have the product at all, Seller can provide the refund to the Buyer and Buyer shall be obligated to accept the refund in lieu of replacement. All the product parameters shall be required to be complied with in cases of replacement.

If the Seller doesn't respond to the Buyer's replacement request, within three (3) days from the date of replacement request placed by the Buyer, refund shall be processed in favour of Buyer and Seller shall be liable to refund amount paid to the Seller.

All shipping and other replacement charges shall be borne and incurred by the Seller.

Disputes (Resolutions) Policy

Overview

Generally, transactions are conducted smoothly on netayan platform. However there may be some cases where both the Buyers and Sellers may face issues. At Flipkart, we have a Dispute Resolution process in order to resolve disputes between Buyers and Sellers.

What is a 'dispute'?

A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.

How does a 'dispute' occur in the Marketplace?

Disputes are filed as a result of a disagreement between the Buyer and the Seller. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Seller raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the Seller's payment for that order is put on hold immediately until the issue is resolved.

How is a 'dispute' created?

Whenever there is a disagreement, the Buyer can write to netayan, while the Seller can also write to netayan, in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of 'disputes'?

Following are the indicative examples of potential disputes:

Wrong item received
Item Not as described
Damaged or Seal broken on Product
Part/Accessory missing
Item not Compatible
Seller Description/Specification Wrong
Defective (Functional issues)
Product not working and Manufacturer claims invalid Invoice

In case the Seller rejects the return request of the Buyer, and Buyer raises a dispute, then netayan will try to mediate and resolve the dispute between both the parties. If the dispute is resolved in favour of the Buyer, a refund is provided once the product is returned to the Seller. If the dispute is settled in favour of the Seller, Buyer is entitled to any refund.

Buyer Protection Program

In case of a dispute where the Seller is unable to provide a refund or a replacement, netayan will actively work towards reaching a resolution.

The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.

The Buyer can write to netayan if the issue with the Seller is not resolved. netayan's Customer Support will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Platform. Only after verifying these facts, a dispute will be considered to be solved.

When a dispute has been raised, netayan may provide both the parties access to each others Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from netayan for settling the dispute.

Buyer Eligibility and Restrictions

Only the Buyers who have purchased the product on netayan.com are eligible for the Buyer Protection Program.

Buyers can file a dispute within 45 days from the date of delivery of the product

Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer's responsibility. Buyers should refuse to accept delivery if the item is damaged.

To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn't hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with netayan.

Fraudulent charges and claims are not covered under Buyer Protection Program

If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.

Blacklisted and Blocked Buyers are not covered by the Buyer Protection Program.

Buyers who have reached their maximum lifetime limit for claims are also not eligible. Buyers can make a maximum of 5 claims per year on netayan. If the claim was withdrawn, it is not counted. The coverage amount will be limited to specific limit decided by netayan and subject to revision from time to time.

Through the Buyer Protection program, netayan does not provide any guarantee/warranty to Buyers for products sold on netayan against technical/manufacturing defects.

Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. netayan shall verify the disputes so raised and may process only such claims that are valid and genuine.

netayan shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.

Claims of the nature of 'Buyer remorse' (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him/her) will not be entertained through this program.

netayan reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, netayan may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.

Decisions made by netayan under the Buyer Protection Program shall be final and binding on its Users.

netayan reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.

Through this program, Flipkart shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.

netayan Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.

Disputes via Chargeback

Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:

Item not received CB - Buyer hasn't received the item. Refund will be created in accordance with the dispute policies
Unauthorized CB - Buyer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.

Seller expressly agrees that issuing the correct and complete invoice is the sole and primary responsibility of the Seller. Furthermore, Seller shall ensure that invoices state "Powered by netayan" and failing to do so Seller will be liable for chargebacks (as applicable).

Item not as described - meaning item is not what Buyer expected. Dispute will be decided in accordance with the dispute policies.

Email Abuse & Threat Policy

Private communication, including email correspondence, is not regulated by netayan. netayan encourages its Users to be professional, courteous and respectful when communicating by email.

However, netayan will investigate and can take action on certain types of unwanted emails that violate netayan policies.

Such instances:

Threats of Bodily Harm - netayan does not permit Users to send explicit threats of bodily harm.

Misuse of netayan System - netayan allows Users to facilitate transactions through the netayan system, but will investigate any misuse of this service.

Spoof (Fake) email - netayan will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through 'Contact' information.

Spam (Unsolicited Commercial email) - netayan's spam policy applies only to unsolicited commercial messages sent by netayan Users. netayan Users are not allowed to send spam messages to other Users.

Offers to Buy or Sell Outside of netayan - netayan prohibits email offers to buy or sell listed products outside of the netayan Platform. Offers of this nature are a potential fraud risk for both Buyers and Sellers.

netayan policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.

Violations of this policy may result in a range of actions, including:

Limits on account privileges
Account suspension
Cancellation of listings
Loss of special status

Other Businesses

netayan does not take responsibility or liability for the actions, products, content and services on the Platform, which are linked to Affiliates and / or third party Platforms using Platform's APIs or otherwise. In addition, the Platform may provide links to the third party Platforms of Our affiliated companies and certain other businesses for which, netayan assumes no responsibility for examining or evaluating the products and services offered by them. netayan do not warrant the offerings of, any of these businesses or individuals or the content of such third party Platform(s). netayan does not endorse, in any way, any third party Platform(s) or content thereof.

netayan Infringement Verification (NIV) - Reporting Listing Violations

netayan has put in place netayan Infringement Verification process so that intellectual property owners could easily report listings that infringe their rights. It is in netayan's interest to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.

If you are a Verified Rights Owner and want to report a listing issue, see netayan’s NIV. Note: Only the intellectual property rights owner can report potentially infringing products or listings through NIV. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
If your listing was removed through NIV, and you believe that your listing was removed in error, please contact us.

netayan does not and cannot verify that Sellers have the right or ability to sell or distribute their listed products. However, netayan is committed to removing infringing or unlicensed products once an authorized representative of the rights owner properly reports them to netayan.

NIV works to ensure that item listings do not infringe upon the copyright, trademark or other intellectual property rights of third parties. NIV participants have the ability to identify and request removal of allegedly infringing products and materials.

Any person or company who holds intellectual property rights (such as a copyright, trademark or patent) which may be infringed upon by products listed on netayan is encouraged to become a NIV member.

Program membership entitles you (Verified Rights Owner) to the following benefits:

Rapid response by netayan in ending listings reported by you (as the Verified Rights Owner) as allegedly infringing
Dedicated priority email queues for reporting alleged infringements
The ability to obtain identifying information about netayan's users'.

How to Become a NIV Member

To join the NIV, we require only that you fully complete and email Us a Notice of Infringement form specifying the allegedly infringing listings and the infringed work, complete with an original authorized signature. The information requested by the Notice of Infringement is designed to ensure that parties reporting products are authorized by the rights owners, and to enable netayan to easily identify the material or listing to be ended.

In the interest of keeping the process easy and simple, after we receive your first Notice of Infringement in hard copy, future notices can be sent to Us by email.

Note: In your notice of infringement, you shall be required to identify the individual listing which is infringing your intellectual property. General notices shall not be accepted.

We are happy to receive such information, but must advise that we may be limited in Our ability to respond to your request absent formal notice from an authorized rights owner.

Notice of Infringement

Netayan

_______________________

I, [name] ____________________________ of [address] _________________________ do solemnly and sincerely declare as follows:

I am the owner of certain intellectual property rights, said owner being named __________________ ("IP Owner").
I have a good faith belief that the item listings or materials identified in the annexure attached hereto are not authorised by the above IP Owner, its agent, or the law and therefore infringe the IP Owner's rights. Please expeditiously remove or disable access to the material or products claimed to be infringing.
I may be contacted at:

Name ___________________________________________________________

Title & Company ________________________________________________________

Address _________________________________________________________

Email (correspondence) ___________________________________________________

Telephone/Fax _____________________________________________________________

Date _________________________________________________________________

and I make this declaration conscientiously believing it to be true and correct.

Declared by ______________________________

on [date] ___________________________________ in [place]________

Truthfully,

Signature

Addendum to Notice of Infringement:

List of Allegedly Infringing Listings, Products, or Materials

A Note on Reason Codes: When identifying item numbers please use the reasons below. When removing products from the site, netayan will inform Sellers of the specific reason for the removal of their products.

Select the most appropriate reason. Please associate each item you report with only one reason code.

Trademark-infringement

Trademark owner doesn't make this type of product or has discontinued the production of the product
Item(s) is an unlawful replica of a product made by the trademark owner or is counterfeit

Trademark-listing description infringement

Listing(s) has unlawful comparison to trademark owner's brand or product
Listing(s) contains unlawful use of trademark owner's logo

Software is being offered without any license or in violation of a license
Item(s) is a bootleg recording;
Item(s) is an unlawful copy (software, games, movies, etc.);
Item(s) is unlawful duplication of printed material
Item(s) is an unlawful copy of other copyrighted work (paintings, sculptures, etc.)

Listing(s) comprises unauthorized copy of copyrighted text
Listing(s) comprises unauthorized copy of copyrighted image
Listing(s) comprises unauthorized copy of copyrighted image and text

Reason Code: _____________________________________________________________

Work(s)

infringed: _________________________________________________________

Item Number(s): ___________________________________________________________

Note:

Please provide the ownership of Trademark (Trademark Registration Certificate should be in the name of applicant)
Please provide the evidence as to the ownership of copyright.

All such Notices of Infringement shall be sent to our email.

Contacting the Seller

At netayan 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 a buyer wishes to contact the seller, he/ she may proceed to do so by accessing the seller related information made available with netayan.

For Buyers from Maharashtra

netayan Terms of Use

The Platform is owned by netayan registered in Mumbai,india (hereinafter referred to as "netayan").

Your use of the Platform and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. If You transact on the Platform, You shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, You shall be contracting with netayan and these terms and conditions including the policies constitute Your binding obligations, with netayan.

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 the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems, allows the User to surf the Platform or making purchases after registering on the Platform. The term "We", "Us", "Our" shall mean netayan.

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 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. It is Your responsibility 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.

Access Eligibility

As a minor if you wish to transact on the Platform, such transaction on the Platform may be made by your legal guardian or parents. netayan reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to netayan's notice or if it is discovered that You are under the age of 18 years and transacting on the Platform.

Your Account and Registration Obligations

If You use the Platform, 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 the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Communications

When You use the Platform 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.

Platform for Transaction and Communication

The Platform is a platform that Users utilize to meet and interact with one another for their transactions. netayan is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

Henceforward:

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. netayan 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. All discounts, offers (including exchange offers) are by the Seller/Brand and not by Flipkart.
Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.
netayan does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. netayan does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. netayan accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
netayan is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. netayan cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. netayan shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
netayan does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
netayan does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.
At no time shall netayan hold any right, title or interest over the products nor shall netayan have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. netayan 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.
The Platform is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. netayan 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. netayan, currently, 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.

At no time shall netayan hold any right, title or interest over the products nor shall netayan have any obligations or liabilities in respect of such contract.

netayan 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.

You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that You transact with.

Disclaimer: 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).

You release and indemnify netayan 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 Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, netayan cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Charges

Access on the Platform is free for buyers after successful signup. netayan does not charge any fee for browsing and buying product/s, in addition to price of product/s, on the Platform. netayan reserves the right to change its Fee Policy from time to time. In particular, netayan may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event netayan reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to netayan.

Use of the Platform

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

(a) belongs to another person and to which You does not have any right to;

(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 libellous;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the Platform. Throughout this Terms of Use, netayan's prior written consent means a communication coming from netayan, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;

(s) harm minors in any way;

(u) violates any law for the time being in force;

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(z) shall not be false, inaccurate or misleading;

(ab) 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;

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.
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.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, 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 Platform.
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 including the terms netayan and/or netayan.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of netayan or sellers on platform or otherwise tarnish or dilute any netayan'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 Platform and/or netayan's systems and/or networks, and/or any systems and/or networks connected to netayan.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
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 Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of netayan and / or others.
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.
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 will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
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.
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. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform 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. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deems appropriate in its sole discretion. 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 Platform) 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.

We reserve the right, but has no obligation, to monitor the materials posted on the Platform. netayan 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 Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect netayan views. In no event shall netayan 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.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Platform, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
netayan shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
If you choose to browse or transact on the Platform using the voice command-based shopping
feature, you acknowledge that netayan and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve netayan’s and/or its affiliates’ products and services. netayan’s and/or its affiliates’ use of your voice data will be in accordance with the netayan Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. netayan reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.
You acknowledge and agree that Hindi translation feature may be made available on the Website on a reasonable effort basis for convenience only, without any representation or warranties by netayan, express or implied, including it being error free, its accuracy, completeness or reliability. netayan expressly disclaims any liability of any nature whatsoever arising from or related to the said Hindi translation feature. Some features and sections on the Website may not be translated in Hindi language, and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Website, the English version on the Website shall prevail. This feature may not be accessible on certain devices netayan reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to You.

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and netayan has no control over such third party user generated content as netayan is merely an intermediary for the purposes of this Terms of Use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under.Our current Privacy Policy is available at Privacy. Our current Privacy Policy is available at Privacy. f You object to Your Information being transferred or used in this way please do not use Platform. If You object to Your Information being transferred or used in this way please do not use Platform.

We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

Disclaimer of Warranties and Liability

This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this site 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, netayan does not warrant that:

This Platform will be constantly available, or available at all; or

The information on this Platform is complete, true, accurate or non-misleading.

netayan will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. netayan does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.

Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by applicable laws and if Seller is unable to deliver such Products due to implications of applicable 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.

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 our 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. netayan reserves the right to delete such multiple listings of the same product listed by you in various categories.

Services

Payment

Lack of authorization for any transaction/s, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s

All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

1, Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render netayan liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on netayan's Platform.

You have specifically authorized Flipkart or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with netayan is on a principal to principal basis and by accepting these Terms of Use you agree that netayan is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on netayan's Platform that are paid for by using the Payment Facility. netayan does not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a transaction.
You understand, accept and agree that the payment facility provided by netayan is neither a banking nor financial service but is merely a facilitator providing an electronic payment i.e. ewallet, collection and remittance facility for the Transactions on the netayan Platform using the existing authorized banking infrastructure. Further, by providing Payment Facility, netayan is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers:

You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Seller using Payment Facility.
You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.
You, as a Buyer, shall electronically notify Payment Facility using the appropriate netayan Platform features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.
You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Platform features within the stipulated time than this would make You ineligible for a refund.
You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
Except for Cash On Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform and/or decided by netayan.
For Cash On Delivery transactions, refunds, if any, will be made via electronic payment transfers.
Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
For electronics payments, refund shall be made through any funds transfer system approved by Reserve Bank India (RBI).
Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.
Refund shall be conditional and shall be with recourse available to netayan in case of any misuse by Buyer.
We may also request you for additional documents for verification.
Refund shall be subject to Buyer complying with Policies.
netayan reserves the right to impose limits on the number of Transactions or Transaction Price which netayan may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
netayan reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with netayan or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
netayan may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of netayan. As a result of such check if netayan is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, netayan shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of netayan.
netayan may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if netayan deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, netayan may hold Transaction Price and netayan may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.
The Buyer and Seller acknowledge that netayan will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of netayan.

Compliance with Laws:

As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.
Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and netayan Platform.

Buyer's arrangement with Issuing Bank:

All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

netayan's Replacement Guarantee*

netayan's Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. The return policy period (netayan's Replacement Guarantee) depends on the product category and the seller. Kindly contact netayan to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions

Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.

Following products shall not be eligible for return or replacement:

Damages due to misuse of product;
Incidental damage due to malfunctioning of product;
Any consumable item which has been used/installed;
Products with tampered or missing serial/UPC numbers;
Digital product/s and/or service/s
Any damage/defect which are not covered under the manufacturer's warranty
Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
Jewellery which is 'made to order' on customer's request

On Clothing and Footwear, qualified sellers accept 30 day exchange subject to the following conditions:

Clothes and footwear are not used (other than for trial), altered, washed, soiled or damaged in any way.

Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

Returns are not applicable for 'Made to order' jewellery, Innerwear, lingerie, socks, clothing freebies, etc.

Damaged or defective or 'Not as described' products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 30 Day Replacement Guarantee. Kindly click here to know the return policy period (Replacement Guarantee) applicable for different categories.

If netayan has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, netayan may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on netayan will not be allowed to return their products.

netayan reserves its right to initiate civil and/or criminal proceedings against a user who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, netayan may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Exchange Offers:

By participating in the exchange I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).

You agree to indemnity and keep indemnifying netayan.com and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by netayan.com, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.

I confirm that all the data in the said device will be erased before handing it over under buy back program. I also confirm that in spite of erasing the data manually/electronically, if any data still accessible due any technical reason, netayan.com, Seller or the Manufacturer shall not be responsible for the same and I will not approach netayan.com for any retrieval of the data.

I agree to indemnity and keep indemnifying the netayan.com and any future buyer of the old device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by netayan.com, its affiliates or any future buyer due to usage of the device by me till date and I undertake to make good the same.

I understand once a device is sent by me to netayan, in no scenario can this device be returned back to me.

I understand that the new device delivery and the old device pickup will happen simultaneously (hand in hand) and I shall keep the old device ready to be given for exchange.

Products distributed as gifts from state sponsored or NGO funded distribution programs are not accepted for exchange under exchange offer.

Digital Content: eBooks

ebook : You will be able to subscribe eBooks on the Platform. Ebook/s shall be provided to you as per your selection, subject to certain limitations as described herein.

Guidelines for Ebooks: The Guidelines for ebooks enables netayan to restrict certain permissions. The guidelines for ebooks restrict the following commands:

Command/s	Allowed or not allowed
Printing, right click functions of mouse of computer	Not Allowed
Copy, download	Not Allowed
Saving Images	Not Allowed

Explicit Consent: You agree that we shall have no liability to you for ebook available for subscription on the Platform, if you find the same to be offensive, indecent or objectionable.

Netayan will allow the user to subscribe to ebook using the mode of payment, as per instructed on platform.

Cash on Delivery as a mode of payment is not available for subscribing to ebook on the Platform currently.

All Sales Final; Downloading and Risk of Loss; Availability of eBooks. All sales of eBooks are final. We do not accept returns of eBooks.

You bear all risk of loss after purchase of ebook/s, We may, from time to time, at our sole discretion remove and/or add and/or edit eBooks from the Service without notice.

You may use the Software only in connection with the reading of eBook/s on the Platform. You may not separate any individual component of the Software for use other than in connection to the reading,may not incorporate any portion of it into Your own programs or compile any portion of it in combination with your own programs, may not transfer it for use with another service, or use it, or any portion of it, over a network and may not sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part. We may discontinue some or all of any Software we provide, and we may terminate your right to use any Software at any time and in such event may modify it to make it inoperable.

Digital Content: netayan Ideas

These Terms of Service (“Terms”) govern your access to and use of netayan Ideas (hereinafter referred to as “Content”). By viewing the Contents you agree to be bound by these Terms. Content posted on the Platform is public and can be viewed by everyone who can see the Page.
Netayan may be hosting the Content generated by third party users (“Content Owner”), within the netayan Platform for convenience of Platform Users, and as such, netayan has no ownership or control whatsoever in the Contents displayed. The Contents posted by the Content Owners are of personal views wherein netayan plays no role in creating/developing the Content. You are responsible for your use of the Platform for viewing the Content.
By hosting the Content on the Platform, netayan is neither guaranteeing nor giving any warranty, nor making any representation with respect to the Contents. netayan is neither endorsing the views, products or the Services, nor is it responsible for quality or features of the content displayed on the Platform.
Any information on the Platform, whether the content or any other information, have not been verified by netayan, therefore, netayan shall not be responsible for any such content or information. netayan will not bear any obligation or liability if You rely on the Contents.
If You choose to view or rely, netayan will neither be a party to nor in any manner concerned with the same nor be liable or responsible for any act or omission of the Content Owner.
You hereby acknowledge that the Contents are created and owned by Content Owners who own all the rights including the copyrights in the contents. The Contents are available on the Platform for personal use only and you shall not use it for any commercial, promotional, resale or further distribution purposes.
Any use or reliance on any Content or materials obtained by you through the Content is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Platform or endorse any opinions expressed via the contents. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. netayan may not monitor or control the Content posted on the Platform and, we do not take responsibility for such Content.
We reserve the right to remove Content that violates the Terms of Use, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to netayan.
You may find content that offends you or that you simply don’t like, but that doesn’t violate the content guidelines. If that happens, you can unfollow the user who posted it or hide the post
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. netayan makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Content, will create any warranty or representation not expressly made herein.
By using the Services you agree that netayan, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible by Law.
We may revise these Terms from time to time.

Digital Content: netayan Video

These Terms of Service (“Terms”) govern your access to and use of netayan Video (hereinafter referred to as “Content”). By viewing the Contents you agree to be bound by these Terms. Content posted on the Platform is public and can be viewed by everyone who can see the Page.
The Content may be hosted on netayan.com website and/or on netayan app only (“Platform”), that is owned and operated by netayan (“netayan”, “We” or “Our”).
Use of netayan Services is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872.You must be 18 years of age, to avail the Services. Minors may only use the service under the supervision of an adult.
netayan may be hosting the Content generated by third parties (“Platform Partners/Content Owners”) as well as netayan (“netayan Original”) (collectively referred as “Content”) , within the netayan Platform for convenience of Platform Users free of cost that will allow you to access the digital Content.. As such, netayan has no ownership or control whatsoever in the Contents displayed which are third party generated. The Contents posted (other than Flipkart Originals) are third party generated contents wherein netayan plays no role in creating/developing the Content. You are responsible for your use of the Platform for viewing the Content.
By hosting the Content on the Platform, netayan is neither guaranteeing nor giving any warranty nor making any representation with respect to the Contents. netayan is neither endorsing the views, products or the Services, nor is it responsible for quality or features of the content displayed on the Platform.
Any information on the Platform, whether the content or any other information (other than netayan Original), have not been verified by netayan, therefore, netayan shall not be responsible for any such content or information. netayan will not bear any obligation or liability if You rely on the Contents.
If You choose to view or rely, netayan will neither be a party to nor in any manner concerned with the same nor be liable or responsible for any act or omission of the Content Owner.
You hereby acknowledge that the Contents are created and owned by Content Owners who own all the rights including the copyrights in the contents. The Contents are available on the Platform for personal and non-commercial use only and you shall not use it for any commercial, promotional, resale, further distribution or any other unauthorized purposes. You agree not to use the service for public performances.
You further acknowledge that all the intellectual property rights contained in netayan Original, contents are solely owned by netayan. During your access to netayan platform, we grant you a limited, non-exclusive, non-transferable, revocable right to access the netayan Video service and view the Content. Except for the foregoing, no right, title or interest shall be transferred to you.
We can terminate your account or place your account on hold in order to protect our/Partners interest from an actual, probable or suspected theft or other fraudulent activity.
Any use or reliance on any Content or materials obtained by you through the Content is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Platform or endorse any opinions expressed via the contents. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the Content Owners who originated such Content. netayan may not monitor or control the Content posted on the Platform and, we do not take responsibility for such Content.
We reserve the right to remove Content that violates the Terms of Use, including for example, copyright or trademark violations, impersonation, unlawful conduct, or harassment.
We may use information such as device ID, location or an account email address used with an existing netayan account to determine eligibility and any offers therof.
We may share personal information with our other corporate entities and Platform Partners only for the purposes of giving enhanced customer services. You hereby consent to sharing your information with Third parties unless you specifically opt out. Also, your access to the Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
If you see an offensive, abusive, or any unlawful content on the Platform, you can report it to netayan.
Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. netayan makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained through the Content, will create any warranty or representation not expressly made herein.
By using the Services you agree that netayan, its parents, affiliates, related companies, officers, directors, employees, agents representatives, partners and licensors, liability is limited to the maximum extent permissible by Law.
You shall indemnify and hold harmless netayan its owner, licensee, affiliates, subsidiaries, group companies, partners (as applicable) and their respective officers, directors, agents, and employees from any claim, demand, or actions including reasonable attorneys' fees made by any third party or penalty imposed due to or arising out of your breach of the ToU, privacy policy and other policies or your violation of any law, rules, regulations or the rights (including infringement of intellectual property rights) of a third party.
Governing laws: The ToU shall be governed, interpreted, and construed in accordance with the applicable laws.
We may revise these Terms from time to time.

Indemnity

Applicable Law

Trademark, Copyright and Restriction

Trademark complaint

netayan respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to netayan.

Product Description

netayan we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

Please for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform

Contact for Grievance

You may contact netayan using contact details provided at netayan website www.netayan.com for any grievance. These contact details may be updated from time to time.

POLICIES

Profanity Policy

Netayan prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

Please report any violations of this policy to the correct area for review:

Report offensive Display Names
Report offensive language in a listing or otherwise

Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

netayan will consider the circumstances of an alleged policy violation and the user's trading records before taking action.

Violations of this policy may result in a range of actions, including:

Limits placed on account privileges;
Loss of special status;
Account suspension.

Replacement Guarantee*

For more details related to Replacement Policy, refer to s/help/cancellation-returns

Returns Policy

Definition: 'Return' is defined as the action of giving back the item purchased by the Buyer to the Seller on the netayan Platform. Following situations may arise:

Item was defective
Item was damaged during the Shipping
Products was / were missing
Wrong item was sent by the Seller.

Return could also result in refund of money in most of the cases.

Points to be noted:

Seller can always accept the return irrespective of the policy.
If Seller disagrees a return request, Buyer can file a dispute under the Buyer Protection Program*.

We encourage the Buyer to review the listing before making the purchase decision. In case Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting Us, Seller while closing the return ticket can select one of the following:

Replace after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before replacing it)
Refund after shipment collection - Seller has agreed to wait for the logistics team to collect the shipment from the buyer before refunding)
Refund without shipment collection - Seller has agreed to refund the buyer without expecting the original shipment back)
Replace without shipment collection - Seller has agreed to replace the order without expecting the original shipment back)
On certain select days as specified by netayan separate policies may be applicable.

In the event the Seller accepts the return request raised by the Buyer, Buyer will have to return the product and then the refund shall be credited to the Buyers account.

In case the Seller doesn't close the ticket in 3 days from the date of intimation to the Seller about the refund request, the refund request shall be settled in favor of the Buyer.

Further for returns being made by Buyer to the Seller of the product, the following parameters needs to be ensured by the Buyer:

Category	Condition
Electronics	Should be included
Clothing and Footwear	Should be "New & Unworn" (other than for trial)
Beauty, Health & Personal Care	Should be "New & Unopened"
Sports & Equipment	Should be "New" and returned with original packaging
Office Products	Should be "New" and returned with original packaging
Jewellery	Should be "New" and returned with original packaging

If the product being returned is not in accordance with the above parameters, then Buyer shall not be entitled to any refund of money from the Seller.

Shipping cost for returning the product shall be borne and incurred by the Seller.

Replacement

Points to be noted:

Seller can always accept the return irrespective of the policy.
If Seller disagrees for a return request, Buyer can file a dispute under Buyer Protection Program*.

Buyer is asked for "Reason for Return". Among others, the following are the leading reasons:
Shipping was damaged
Item was defective
Item Dead on Arrival
Item(s) were missing
Wrong item sent
An intimation shall be provided to Seller seeking either "approval" or "rejection" of the replacement request.
In case the Seller accepts the replacement request, Buyer shall be required to return the product to the Seller and only after return of the product, Seller shall be obliged to provide the replacement product to the Buyer.
Incase Seller rejects the replacement request, Buyer can choose to raise a dispute by writing to netayan.

All shipping and other replacement charges shall be borne and incurred by the Seller.

Disputes (Resolutions) Policy

Overview

What is a 'dispute'?

A 'Dispute' can be defined as a disagreement between a Buyer and a Seller in connection with a transaction on the Platform.

How does a 'dispute' occur in the Marketplace?

How is a 'dispute' created?

Whenever there is a disagreement, the Buyer can write to netayan, while the Seller can also write to netayan, in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of 'disputes'?

Following are the indicative examples of potential disputes:

Wrong item received
Item Not as described
Damaged or Seal broken on Product
Part/Accessory missing
Item not Compatible
Seller Description/Specification Wrong
Defective (Functional issues)
Product not working and Manufacturer claims invalid Invoice