Thank you for visiting Myka Silks!! Please take a moment to our Terms and Conditions before using our website.
These Terms and Conditions of Service and Use of Myka Silks are hereby made effective (“we” or “us” or “our “or “Platform” or “Site”), and, without waiving or otherwise releasing any right or obligation under any prior terms and conditions of the use of this website, hereby amend and restate any such prior terms and conditions.
IF YOU DO NOT AGREE WITH ANY TERM OR PROVISION OF THESE TERMS AND CONDITIONS, PLEASE EXIT THIS SITE IMMEDIATELY. PLEASE BE ADVISED THAT YOUR CONTINUED USE OF THIS SITE OR THE PRODUCTS OR INFORMATION PROVIDED THEREBY SHALL INDICATE YOUR CONSENT AND AGREEMENT TO THESE TERMS AND CONDITIONS.
SECTION 1 – PROHIBITED USE
Without limiting the generality of the foregoing or any other provision hereof, you acknowledge and agree, as follows:
- Not to access the Site using any automated means, including, without limitation, harvesting bots, robots, spiders, or scrapers;
- Not to engage in multi-level marketing using the Site, including, without limitation, pyramid schemes, and similar marketing concepts;
- Not to upload, use or disseminate viruses or other malicious code or other abusive scripts or processes;
- Not to solicit login, account or other personal information of another person or request or obtain access to an account of another person;
- Not to bully, intimidate, or harass any person;
- Not to use the Site in any manner that is, or could reasonably be construed to be, unlawful, including, without limitation, in violation of any law, rule or regulation related to securities or investments, or any rules or regulations other securities exchange and any regulations or other pronouncements having the force of law;
- Not to use the Site in any manner that is, or could reasonably be construed to be, in violation of these Terms and Conditions, fraudulent, misleading, malicious or discriminatory;
- Not to take any action that could disable, overburden, or impair the operation or availability of the Site, such as a denial of service attack;
- Not to engage in manipulative practices designed to obfuscate the true intent of your submissions to the Site, or to artificially generate traffic to another website;
- Not to facilitate or encourage any violations of these Terms and Conditions;
SECTION 2 – PAYMENT AND PRICES
Product descriptions, typographic, pricing and photographic errors are unintentional and subject to correction. We regret, but are not liable for such errors. We reserve the right to reject any orders placed for a product listed at an incorrect price. If you discover an error in our website or catalog, please let us know.
Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. If you dispute any payment made to us you must contact us immediately and provide full details of your claim.
Before you place your order, you will have the opportunity of identifying whether you have made any input errors by checking the order details. You may correct those input errors before placing your order by editing your shopping cart.
Any dates quoted for delivery of the goods are approximate only and we shall not be liable for any delay in delivery of the goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the seller in writing.
SECTION 3 – BUYER AGREEMENT
You warrant to us that:
(a) You have full authority, power and capacity to agree to these terms of sale;
(b) The information provided in your order is accurate and complete;
(c) You will be able to accept delivery of the products;
(d) You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 4 – SELLER AGREEMENT
In the course of your use of the Platform, you agree to furnish your details and information as requested by us from time to time. You shall remain responsible for maintaining confidentiality of this information, as well as your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with the T&C, we shall have the right to suspend or terminate your account on the Platform or indefinitely block you from accessing the Platform.
As a registered seller, you shall list item(s) for sale on the Platform in accordance with the policies which are incorporated by way of reference in this T&C. You must be legally able to sell the item(s) you list for sale on our Platform and must have all the necessary licenses and permits required for such sale. 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, pictures or videos that describe your item for sale. All 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 the actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amount 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. Myka Silks reserves the right to delete such multiple listings of the same product listed by you in various categories. Myka Silks reserves the right to restrict the selling of products originating from certain countries.
Seller’s liability to Buyer on any claim, whether based on contract, warranty, tort (including but not limited to negligence, negligence per se, vicarious liability, etc.), strict liability, or any other claim that may arise with respect to the goods or services delivered hereunder, shall in no case exceed the purchase price of the goods and services or part thereof. In no event shall Seller be liable to Buyer for any special, punitive, direct, indirect, pecuniary or non-pecuniary, incidental or consequential damages arising out of, or as a result of, the sale, delivery, non-delivery, servicing, use or loss of use of the goods or any part thereof, or for any charges or expenses of any nature incurred, regardless of Seller’s negligence and Buyer agrees to indemnify and hold Seller harmless from any and all such claims of damage by Buyer or others.
Seller expressly disclaims any and all liability for the proper design, manufacture, or operation of any goods, parts or components designed, manufactured or supplied by the Buyer to the Seller, or third-party parts specified by Buyer. This includes any design, modification or addition to Seller’s goods that is provided by the Buyer to the Seller, whether or not Seller has agreed to such Buyer’s design, modification or addition.
It is your responsibility to charge appropriate goods and services taxes on the supplies effected and remittance of the same to the Government. Myka Silks shall not be responsible for any deficiency and/ or omission on your part.
You, as a seller, shall be required to dispatch the products and/or services for every transaction to the buyer within the time period to ensure that the products and/or services are delivered in a timely manner. Further, you will solely be responsible for undertaking transit insurance for products sold by You on the Platform. For avoidance of doubt, Myka Silks will not be responsible for undertaking any insurance(s) for products sold by sellers on the Platform.
You are responsible for paying all fees associated with the use of the Platform and charges collected in respect of such usage. You agree to bear any and all applicable taxes, charges, levied thereon (including CGST+SGST/IGST/CGST+UGST and GST)
SECTION 5 – REFUSAL OF YOUR ORDER
While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on the Site. We reserve the right to discontinue the sale of any product listed on the Site at any time without notice.
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
SECTION 6 – GOVERNING LAW AND JURISDICTION
Any claim, action, lawsuit or proceeding arising out of or related to this website and the services and products provided, shall be instituted exclusively in the courts of India and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue.
SECTION 7 – INDEMNIFICATION
By using the site, you indemnify Myka Silks from liability for loss or damage of whatever nature and howsoever arising from your use of the website and or any services, content or obligation in terms of these terms and conditions.
We expressly disclaim any and all implied warranties, including, without limitation, warranties of merchantability, accuracy of measurements, title, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
SECTION 8 – TERMINATION
If you violate these Terms, your permission to use the services will automatically terminate. In addition, Myka Silks in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you.
SECTION 9 – LIABILITIES
We cannot predict when issues might arise with our services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we have been advised of the possibility of such damages.
SECTION 10 – THIRD-PARTY WEBSITES
The Site, and other products and services of Myka Silks, may contain links to other websites or applications. Your use of links to other websites is at your own risk. We are not responsible for third party sites linked from the Site, or other products and services of Myka Silks, nor do we make any representation or warranties, express or implied, with respect to any such website.
SECTION 11 – MODIFICATIONS
Myka Silks, reserves the right to revise these Terms and Conditions at any time without notice. By using the Site, you are agreeing to be bound by the then-current version of these Terms and Conditions, and your continued use of the Site reaffirms your agreement to the then-current Terms and Conditions. You agree to consult the Site regularly for up-to-date information about these Terms and Conditions.
SECTION 12 – WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 13 – COPYRIGHT
Copyright © 2020 Myka Silks. All rights reserved. All materials presented on this site are copyrighted and owned by Myka Silks or other individuals or entities as designated. Any republication, retransmission, reproduction, downloading, storing or distribution of all or part of any materials found on this site is expressly prohibited.