Terms and
Conditions ("Terms") of Poriyaan.in Websiter
Our Terms
and Conditions were last updated on 10th
December 2022.
Please read these terms and conditions carefully before using
Our Service.
Interpretation
and Definitions
Interpretation
The words of which the initial letter is capitalized have
meanings defined under the following conditions. The following definitions
shall have the same meaning regardless of whether they appear in singular or in
plural.
Definitions
For the purposes of these Terms and Conditions:
● “Affiliate” means an entity that
controls, is controlled by or is under common control with a party, where
"control" means ownership of 50% or more of the shares, equity
interest or other securities entitled to vote for election of directors or
other managing authority.
● “Account” means a unique account created
for You to access our Service or parts of our Service.
● “Company” (referred to as either
"the Company", "We", "Us" or "Our" in
this Agreement) refers to Poriyaan.in Website.
● “Country” refers to India.
● “Content” refers to content such as
text, images, or other information that can be posted, uploaded, linked to or
otherwise made available by You, regardless of the form of that content.
● “Device” means any device that can
access the Service such as a computer, a cellphone or a digital tablet.
● “Feedback” means feedback, innovations
or suggestions sent by You regarding the attributes, performance or features of
our Service.
● “Products” refer to the products or
items offered for sale on the Service.
● “Orders” mean a request by You to
purchase Products from Us.
● “Promotions” refer to contests,
sweepstakes or other promotions offered through the Service.
● “Service” refers to the Website.
● “Terms and Conditions” (also referred as
"Terms") mean these Terms
and Conditions that form the entire agreement between You and the Company
regarding the use of the Service. This Terms and Conditions Agreement was
generated by TermsFeed Terms and Conditions
Generator.
● “Third-party Social Media Service” means
any services or content (including data, information, products or services)
provided by a third-party that may be displayed, included or made available by
the Service.
● “Website” refers to Poriyaan, accessible from https://www.poriyaan.in
● “You”
means the individual accessing or using the Service, or the company, or other
legal entity on behalf of which such individual is accessing or using the
Service, as applicable.
Acknowledgment
These are the Terms and Conditions governing the use of this
Service and the agreement that operates between You and the Company. These
Terms and Conditions set out the rights and obligations of all users regarding
the use of the Service.
Your access to and use of the Service is conditioned on Your
acceptance of and compliance with these Terms and Conditions. These Terms and
Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by
these Terms and Conditions. If You disagree with any part of these Terms and
Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company
does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on
Your acceptance of and compliance with the Privacy Policy of the Company. Our
Privacy Policy describes Our policies and procedures on the collection, use and
disclosure of Your personal information when You use the Application or the
Website and tells You about Your privacy rights and how the law protects You.
Please read Our Privacy Policy carefully before using Our Service.
User
Accounts
When You create an account with Us, You must provide Us
information that is accurate, complete, and current at all times. Failure to do
so constitutes a breach of the Terms, which may result in immediate termination
of Your account on Our Service.
You are responsible for safeguarding the password that You
use to access the Service and for any activities or actions under Your
password, whether Your password is with Our Service or a Third-Party Social
Media Service.
You agree not to disclose Your password to any third party.
You must notify Us immediately upon becoming aware of any breach of security or
unauthorized use of Your account.
You may not use as a username the name of another person or
entity or that is not lawfully available for use, a name or trademark that is
subject to any rights of another person or entity other than You without
appropriate authorization, or a name that is otherwise offensive, vulgar or
obscene.
Content
Your Right
to Post Content
Our Service allows You to post Content. You are responsible
for the Content that You post to the Service, including its legality,
reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and
license to use, modify, publicly perform, publicly display, reproduce, and
distribute such Content on and through the Service. You retain any and all of
Your rights to any Content You submit, post or display on or through the
Service and You are responsible for protecting those rights. You agree that
this license includes the right for Us to make Your Content available to other
users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You
own it) or You have the right to use it and grant Us the rights and license as
provided in these Terms, and (ii) the posting of Your Content on or through the
Service does not violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person.
Content
Restrictions
The Company is not responsible for the content of the
Service's users. You expressly understand and agree that You are solely
responsible for the Content and for all activity that occurs under your
account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive,
upsetting, intended to disgust, threatening, libelous, defamatory, obscene or
otherwise objectionable. Examples of such objectionable Content include, but
are not limited to, the following:
● Unlawful or
promoting unlawful activity.
● Defamatory,
discriminatory, or mean-spirited content, including references or commentary
about religion, race, sexual orientation, gender, national/ethnic origin, or
other targeted groups.
● Spam,
machine – or randomly – generated, constituting unauthorized or unsolicited
advertising, chain letters, any other form of unauthorized solicitation, or any
form of lottery or gambling.
● Containing
or installing any viruses, worms, malware, trojan horses, or other content that
is designed or intended to disrupt, damage, or limit the functioning of any
software, hardware or telecommunications equipment or to damage or obtain
unauthorized access to any data or other information of a third person.
● Infringing
on any proprietary rights of any party, including patent, trademark, trade
secret, copyright, right of publicity or other rights.
● Impersonating
any person or entity including the Company and its employees or
representatives.
● Violating
the privacy of any third person.
● False information
and features.
The Company reserves the right, but not the obligation, to,
in its sole discretion, determine whether or not any Content is appropriate and
complies with this Terms, refuse or remove this Content. The Company further
reserves the right to make formatting and edits and change the manner of any
Content. The Company can also limit or revoke the use of the Service if You
post such objectionable Content. As the Company cannot control all content
posted by users and/or third parties on the Service, you agree to use the
Service at your own risk. You understand that by using the Service You may be
exposed to content that You may find offensive, indecent, incorrect or
objectionable, and You agree that under no circumstances will the Company be liable
in any way for any content, including any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of your use of any
content.
Content
Backups
Although regular backups of Content are performed, the
Company does not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without
limitation, Content that is corrupted prior to being backed up or that changes
during the time a backup is performed.
The Company will provide support and attempt to troubleshoot
any known or discovered issues that may affect the backups of Content. But You
acknowledge that the Company has no liability related to the integrity of
Content or the failure to successfully restore Content to a usable state.
You agree to maintain a complete and accurate copy of any
Content in a location independent of the Service.
Copyright
Policy
Intellectual
Property Infringement
We respect the intellectual property rights of others. It is
Our policy to respond to any claim that Content posted on the Service infringes
a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one,
and You believe that the copyrighted work has been copied in a way that
constitutes copyright infringement that is taking place through the Service,
You must submit Your notice in writing to the attention of our copyright agent
via email contact@poriyaan.in and
include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and
attorneys' fees) for misrepresenting that any Content is infringing Your
copyright.
DMCA Notice
and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital
Millennium Copyright Act (DMCA) by providing our Copyright Agent with the
following information in writing (see 17 U.S.C 512(c)(3) for further detail):
● An
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright's interest.
● A
description of the copyrighted work that You claim has been infringed,
including the URL (i.e., web page address) of the location where the
copyrighted work exists or a copy of the copyrighted work.
● Identification
of the URL or other specific location on the Service where the material that
You claim is infringing is located.
● Your
address, telephone number, and email address.
● A statement
by You that You have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law.
● A statement
by You, made under penalty of perjury, that the above information in Your
notice is accurate and that You are the copyright owner or authorized to act on
the copyright owner's behalf.
You can contact our copyright agent via email
contact@poriyaan.in. Upon receipt of a notification, the Company will take
whatever action, in its sole discretion, it deems appropriate, including
removal of the challenged content from the Service.
Placing
Orders for Products
By placing an Order for Products through the Service, You
warrant that You are legally capable of entering into binding contracts.
Your
Information
If You wish to place an Order for Products available on the
Service, You may be asked to supply certain information relevant to Your Order
including, without limitation, Your name, Your email, Your phone number, Your
credit card number, the expiration date of Your credit card, Your billing
address, and Your shipping information.
You represent and warrant that: (i) You have the legal right
to use any credit or debit card(s) or other payment method(s) in connection
with any Order; and that (ii) the information You supply to us is true, correct
and complete.
By submitting such information, You grant us the right to
provide the information to payment processing third parties for purposes of
facilitating the completion of Your Order.
Order
Cancellation
We reserve the right to refuse or cancel Your Order at any
time for certain reasons including but not limited to:
● Products
availability
● Errors in
the description or prices for Products
● Errors in
Your Order
We reserve the right to refuse or cancel Your Order if fraud
or an unauthorized or illegal transaction is suspected.
Your Order
Cancellation Rights
Any Products you purchase can only be returned or refunded in
accordance with these Terms and Conditions.
Availability,
Errors and Inaccuracies
We are constantly updating Our offerings of Products on the
Service. The Products available on Our Service may be mispriced, described
inaccurately, or unavailable, and We may experience delays in updating
information regarding our Products on the Service and in Our advertising on
other websites.
We cannot and do not guarantee the accuracy or completeness
of any information, including prices, product images, specifications,
availability, and services. We reserve the right to change or update
information and to correct errors, inaccuracies, or omissions at any time
without prior notice.
Prices
Policy
The Company reserves the right to revise its prices at any
time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to
accepting an Order in the event of any occurrence affecting delivery caused by
government action, variation in customs duties, increased shipping charges,
higher foreign exchange costs and any other matter beyond the control of the
Company. In that event, You will have the right to cancel Your Order.
Payments
Payment can be made through various payment methods we have
available, such as Visa, MasterCard, Affinity Card, American Express cards or
online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to
validation checks and authorization by Your card issuer. If we do not receive
the required authorization, We will not be liable for any delay or non-delivery
of Your Order.
Promotions
Any Promotions made available through the Service may be governed
by rules that are separate from these Terms.
If You participate in any Promotions, please review the
applicable rules as well as our Privacy policy. If the rules for a Promotion
conflict with these Terms, the Promotion rules will apply.
Intellectual
Property
The Service and its original content (excluding Content
provided by You or other users), features and functionality are and will remain
the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark, and other
laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection
with any product or service without the prior written consent of the Company.
Your
Feedback to Us
You assign all rights, title and interest in any Feedback You
provide the Company. If for any reason such assignment is ineffective, You
agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty
free, worldwide right and license to use, reproduce, disclose, sub-license,
distribute, modify and exploit such Feedback without restriction.
Links to
Other Websites
Our Service may contain links to third-party web sites or
services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility
for, the content, privacy policies, or practices of any third party web sites
or services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and
privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your Account immediately, without
prior notice or liability, for any reason whatsoever, including without
limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease
immediately. If You wish to terminate Your Account, You may simply discontinue
using the Service.
Limitation
of Liability
Notwithstanding any damages that You might incur, the entire
liability of the Company and any of its suppliers under any provision of this
Terms and Your exclusive remedy for all of the foregoing shall be limited to
the amount actually paid by You through the Service or 100 USD if You haven't
purchased anything through the Service.
To the maximum extent permitted by applicable law, in no
event shall the Company or its suppliers be liable for any special, incidental,
indirect, or consequential damages whatsoever (including, but not limited to,
damages for loss of profits, loss of data or other information, for business
interruption, for personal injury, loss of privacy arising out of or in any way
related to the use of or inability to use the Service, third-party software
and/or third-party hardware used with the Service, or otherwise in connection
with any provision of this Terms), even if the Company or any supplier has been
advised of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties
or limitation of liability for incidental or consequential damages, which means
that some of the above limitations may not apply. In these states, each party's
liability will be limited to the greatest extent permitted by law.
"AS
IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS
AVAILABLE" and with all faults and defects without warranty of any kind.
To the maximum extent permitted under applicable law, the Company, on its own
behalf and on behalf of its Affiliates and its and their respective licensors and
service providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service, including all
implied warranties of merchantability, fitness for a particular purpose, title
and non-infringement, and warranties that may arise out of course of dealing,
course of performance, usage or trade practice. Without limitation to the
foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Service will meet Your requirements,
achieve any intended results, be compatible or work with any other software,
applications, systems or services, operate without interruption, meet any
performance or reliability standards or be error free or that any errors or
defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any
of the company's provider makes any representation or warranty of any kind,
express or implied: (i) as to the operation or availability of the Service, or
the information, content, and materials or products included thereon; (ii) that
the Service will be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided through the
Service; or (iv) that the Service, its servers, the content, or e-mails sent
from or on behalf of the Company are free of viruses, scripts, trojan horses,
worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain
types of warranties or limitations on applicable statutory rights of a
consumer, so some or all of the above exclusions and limitations may not apply
to You. But in such a case the exclusions and limitations set forth in this
section shall be applied to the greatest extent enforceable under applicable
law.
Governing
Law
The laws of the Country, excluding its conflicts of law
rules, shall govern this Terms and Your use of the Service. Your use of the
Application may also be subject to other local, state, national, or
international laws.
Disputes
Resolution
If You have any concern or dispute about the Service, You
agree to first try to resolve the dispute informally by contacting the Company.
For
European Union (EU) Users
If You are a European Union consumer, you will benefit from
any mandatory provisions of the law of the country in which you are resident
in.
United
States Legal Compliance
You represent and warrant that (i) You are not located in a
country that is subject to the United States government embargo, or that has
been designated by the United States government as a "terrorist
supporting" country, and (ii) You are not listed on any United States
government list of prohibited or restricted parties.
Severability
and Waiver
Severability
If any provision of these Terms is held to be unenforceable
or invalid, such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under applicable
law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or
to require performance of an obligation under this Terms shall not effect a
party's ability to exercise such right or require such performance at any time
thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.
Changes to
These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or
replace these Terms at any time. If a revision is material We will make
reasonable efforts to provide at least 30 days' notice prior to any new terms
taking effect. What constitutes a material change will be determined at Our
sole discretion.
By continuing to access or use Our Service after those
revisions become effective, You agree to be bound by the revised terms. If You
do not agree to the new terms, in whole or in part, please stop using the
website and the Service.
Contact Us
If you have any questions about these Terms and Conditions,
You can contact us:
● By vi
siting
this page on our website: https://www.poriyaan.in/about/contact-us-2/
● By sending
us an email: contact@poriyaan.in