For You and Me website (the"Site")
In our website www.foryouandme.in we provide Users with the access to sales of Books, Mobiles, Accessories, Artificial Jewellery, Dress material, Cameras, Gaming,(The "Service").
2. Membership Eligibility and Site Access
Use of the Website 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 minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not sell, purchase or bid for any items on the Website. As a minor if you wish to purchase or sell an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website or can use the Website as Guest User. For You and Me online Services reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to For You and Me online’s notice or if it is discovered that you are under the age of 18 years.
For You and Me grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in FOR YOU AND ME's sole discretion) an unreasonable or disproportionately large load on FOR YOU AND ME's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by FOR YOU AND ME to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by FOR YOU AND ME.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or For You and Me has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, For You and Me has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If you use the Site, you are responsible for maintaining the confidentiality of your account and password including cases when it is being used by any of your family members, friends or relatives, whether a minor or an adult. You further agree to accept responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, whether by any family member, friend, relative, any third party or otherwise shall not be entertained by the Company. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify For You and Me immediately of any unauthorized use of your account or any other breach of security. For You and Me reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
4. Pricing Information
While FOR YOU AND ME strives to provide accurate product and pricing information, pricing or typographical errors may occur. FOR YOU AND ME cannot confirm the price of a product until you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, FOR YOU AND ME shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, FOR YOU AND ME may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and FOR YOU AND ME will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that FOR YOU AND ME accepts your order the same shall be debited to your credit card account. The payment may be processed prior to FOR YOU AND ME dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit card account. Prices and availability are subject to change without notice.
6. Electronic Communications
When You use the Website or send emails or other data, SMS information or communication to www.foryouandme.in , You agree and understand that You are communicating with www.foryouandme.in through electronic records and You consent to receive communications via electronic records from www.foryouandme.in periodically and as and when required. www.foryouandme.in will communicate with You by email ,SMS or by a telephonic confirmation of the order placed electronic records on the www.foryouandme.in Website which will be deemed adequate service of notice / electronic record.
7. Fees and Services
Membership on the Website is free. www.foryouandme.in does not charge any fee for browsing and buying on the Website. However, before you list an item for sale through the Website, we request you to review our Return and Exchange Policy which is hereby incorporated by reference into this agreement. www.foryouandme.in reserves the right to change its policies from time to time. In particular, www.foryouandme.in may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event www.foryouandme.in 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 policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to For You and Me Online Services within such time as specified in the invoice.
8. Cancellation by For You and Me
Please be informed that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your card account.
9. Cancellation by the Customer
In case of requests for order cancellations, FOR YOU AND ME reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. We will not be able to cancel orders that have already been processed and shipped out by us. FOR YOU AND ME has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by FOR YOU AND ME and accept FOR YOU AND ME's decision regarding the cancellation.
10. Credit Card Details
You agree, understand and confirm that the credit card details provided by you for availing of services on For You and Me will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to For You and Me. Further the said information will not be utilized and shared by For You and Me with any of the third parties unless required for fraud verifications or by law, regulation or court order. For You and Me will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
11. Passing of Risk
The risk of accidental destruction and accidental deterioration passes to the buyer upon delivery of the goods sold, which means that you are obliged to immediately examine the goods upon their delivery. After passing the goods to you exchange or return of goods is excluded (turn of risk). If the buyer is in default of acceptance of delivery, this is equivalent to delivery. If the dispatch or delivery is delayed on request of you or for reasons for which you are responsible, the risk will be passed to you as soon as the goods are ready for dispatch irrespective of this delay.
You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
12.2 Non payment
For You and Me Online Services reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of fees by you to For You and Me Online Services. For You and Me Online Services also reserves the right to take legal action in case of non-payment of fees by you to For You and Me Online Services.
The price of our merchandise is inclusive of the VAT. The vat charged shall depend upon the destination where the order has to be shipped. The tax rate applied to the order will be the combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. For You and Me Online Services reserves the right to collect taxes for shipping charges wherever applicable.
14. Your Consent
The Site or third parties may provide links to other World Wide Web sites or resources. Because FOR YOU AND ME has no control over such sites and resources, you acknowledge and agree that FOR YOU AND ME is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that FOR YOU AND ME 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
With Facility, Payments for items on the Website can be made through the electronic or through Cash on delivery. Facility also enables automated collection and remittance services. using the current Indian banking and credit/ debit/ cash card/ paymate/ oxicash/ zipcash and such other infrastructure directly through Bank or financial institution infrastructure or indirectly through Payment Aggregator or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. Facility could be availed under User Agreement, Seller Terms and Conditions and other Rules and Policies. You would be asked by For You and Me Online Services to separately accept the aforesaid User Agreement, Seller Terms and Conditions and other rules and policies as may be required and applicable for your nature of activities.
17. Fraudulent /Declined Transactions
FOR YOU AND ME reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. FOR YOU AND ME reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions.
Without limiting other remedies, www.foryouandme.in may limit your activity, immediately remove your information , or end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
- If www.foryouandme.in is unable to verify or authenticate any information you provide; or
- If it is believed that your actions may cause legal liability for you, other Users or www.foryouandme.in.
For You and Me Online Services may at any time at its sole discretion reinstate suspended Users. A User that has been suspended or blocked may not register or attempt to register with www.foryouandme.in
or use the Website in any manner whatsoever until such time that such User is reinstated by www.foryouandme.in
. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, www.foryouandme.in
reserves the right to recover any amounts due and owing by you to www.foryouandme.in
and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
19. Submitted Content
FOR YOU AND ME does not claim ownership of any materials you make available through the Site. At FOR YOU AND ME's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant FOR YOU AND ME a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified.
20. Disclaimer of Warranty
All content, products, and Services on the Site, or obtained from a website to which the Site is linked (a "Linked Site") are provided to you "as is" without warranty of any kind either express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. FOR YOU AND ME does not endorse and is not responsible for
- the accuracy or reliability of any opinion, advice or statement made through the Site by any party other than FOR YOU AND ME
- any content provided on linked sites or
- the capabilities or reliability of any product or service obtained from a linked site.
Other than as required under applicable consumer protection law, under no circumstance will FOR YOU AND ME be liable for any loss or damage caused by a user's reliance on information obtained through the Site or a Linked Site, or user's reliance on any product or service obtained from a Linked Site. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice or other content available through the site, or obtained from a Linked Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.
The trademarks, logos and service marks ("Marks") displayed on the Site are the property of FOR YOU AND ME and other parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of FOR YOU AND ME or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
22. Site-Provided Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. FOR YOU AND ME is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, FOR YOU AND ME may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- Impersonate others or provide any kind of false information.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of FOR YOU AND ME purporting to speak on behalf of FOR YOU AND ME or containing confidential information or expressing opinions concerning FOR YOU AND ME.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
- Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to
- Using FOR YOU AND ME invitations to send messages to people who don't know you or who are unlikely to recognize you as a known contact;
- Using FOR YOU AND ME to connect to people who don't know you and then sending unsolicited promotional messages to those direct connections without their permission; and Sending messages to distribution lists, newsgroup aliases, or group aliases.
We encourage Registered buyers and sellers on the Website to provide feedback to each other after the transaction has closed, this helps all Users to know what it is like to deal with the said buyer/seller. After you conduct a transaction, if applicable, we encourage you to leave feedback for the buyer or seller that you dealt with. Please remember that you cannot retract the feedback once you have left it. Your feedback will be displayed along with your user ID. www.foryouandme.in will not be responsible for the feedback that you post on the Website and you should be careful about making comments that are not factual in nature and should not post defamatory or illegal or offensive/obscene contents.
You may not take any actions that may undermine the integrity of the feedback system. If you continue to receive negative feedback ratings, For You and Me Online Services reserves the right to suspend your membership, and you will be unable to list, buy on the Website
24. Limitation of Liability
In no event shall For You and Me or its suppliers, affiliates and service providers be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website and Facility, its services or this agreement (however arising, including negligence).For You and Me's liability in any circumstance is limited to the amount of fees, if any, paid by you to For You and Me. For You and Me, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Facility will be error free and/or uninterrupted. Consequently, For You and Me assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website or Rules and Polices which are incorporated by way of reference in this Agreement.
- Any interruption or errors in the operation of the Website or Facility.
You expressly understand and agree that shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if For You and Me has been advised of the possibility of such damages).
You shall indemnify and hold harmless For You and Me Online Services and (as applicable) For You and Me Online Services’s parent, subsidiaries, affiliates, third-parties and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement, For You and Me Online Services Rules and Policies, User Agreement, Seller Terms and Conditions and Rules and Policies or the documents they incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
If any dispute arises between you and For You and Me Online Services during your use of the Website or or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, User Agreement and Seller Terms and Conditions or the documents they incorporates by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by www.foryouandme.in. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
27. Governing Law
The User Agreement and Seller Terms and Conditions or the documents they incorporates by reference shall be governed and construed in accordance with the laws of India.
This document is an electronic record in terms of Information Technology Act, 2000 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.