Gurliess.com Terms and Conditions
Introduction
Gurliess Enterprises and its affiliates provide their services to you subject to the terms and conditions outlined hereunder. By visiting or shopping at Gurliess.com, you accept these Terms and Conditions. Please read them carefully. In addition, when you use any current or future Gurliess.com service (e.g., Your Account/Profile, Gift Certificates, and Your Reminder Service, etc.) or visit or purchase from any business affiliated with Gurliess.com, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by Gurliess.com. By using the shopping services of Gurliess, you agree to be bound by these terms and conditions. All products/services and information displayed on Gurliess.com constitute an "invitation to offer." Your order for purchase constitutes your "offer," which shall be subject to the terms and conditions listed below. Gurliess reserves the right to accept or reject your offer at any time or under any circumstances.
Definitions
- "Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexure, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied, or replaced from time to time.
- "Gurliess.com" / "Gurliess" / "website" means the online shopping platform and the services provided by it and its affiliates owned and operated by Gurliess Enterprises, which provides a venue/platform to the Users of Gurliess to buy the products listed on Gurliess.com.
- "Vendor" / "seller" / "affiliates" shall mean the person or any legal entity who offers for sale, sells the products on the Gurliess.com platform/website.
- "Product/Products" means and includes any goods/merchandise/products/services/offers/display items that are uploaded/showcased/displayed on Gurliess.com and the related description, information, procedure, processes, warranties, delivery schedule, etc.
Electronic Communication
When you visit Gurliess.com or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties and Limitation of Liability
Gurliess has made this service available to you as a matter of convenience. Gurliess expressly disclaims any claim or liability arising out of uploading any obscene, vulgar, or pornographic images, photographs, or pictures or altering or distorting the images available under this service in an obscene, vulgar, or pornographic manner. Gurliess also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Gurliess does not warrant that this site, its servers, or e-mails sent from Gurliess are free of viruses or other harmful components. Gurliess will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The service(s) of Gurliess is provided on an "as is" basis without warranties of any kind, whether express or implied. Gurliess does not represent or warrant maintaining the confidentiality of information, although Gurliess's current practice is to ensure reasonable efforts to maintain such confidentiality. It is also clearly understood by the User that all warranties and after-sales services, implied or express, take place directly between the vendors and the User/buyer/customer and the terms of sale by the vendor.
Gurliess does not endorse in any way any advertisers' content on its web pages or other communication.
Gurliess will not be responsible for any damage suffered by Users from the use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/omission of the vendor. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
Gurliess 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 the use of the Website.
- Any interruption or errors in the operation of the Website.
You expressly understand and agree that Gurliess 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 Gurliess has been advised of the possibility of such damages).
The user agrees and acknowledges that the user shall be solely responsible for the user's conduct and that Gurliess reserves the right to terminate your rights to use the service immediately, notwithstanding penal provisions under the Indian cyber laws or any other allied laws enacted by the government of India or any other statutory, legislative, or regulatory authority authorized in this regard from time to time. In no event shall Gurliess, its affiliates, employees, agents, consultants, contracted companies be liable for any direct, indirect, punitive, incidental, special, or consequential damages or for any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Gurliess sites/services for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement.
Gurliess, therefore, neither endorses nor offers any judgment or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services or for any damage, loss, or harm, direct or consequential, or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these sites.
Gurliess shall not be legally liable for any delay/non-delivery of purchased goods by the vendors, trade organization/s, manufacturers/shop, etc. (vendors), due to flood, fire, wars, acts of God, or any cause that is beyond the control of Gurliess.
Notwithstanding anything contained herein, Gurliess may also act only as a booking agent/platform to facilitate/integrate transactions between the Users/buyers and sellers through various platforms (online web store, call center, mail order catalogues, SMS, etc.) for various vendors/affiliates/merchants and shall in no way be responsible for any quality of product, damages, losses, expenses, and/or taxes incurred by Users for the products or if the vendors/affiliates/merchants are not able to service the order of the User for any reason or any misrepresentation of any sort by the vendors/affiliates/merchants. In no event shall Gurliess, its directors, officials, representatives, and employees be liable for any damages or claims relating to products sold through its various platforms.
All prices, unless indicated otherwise, are in Indian Rupees. The availability of products is subject to change without prior notice at the sole discretion of Gurliess, and orders can be canceled if the product goes out of stock.
Gurliess reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price, which may be higher or lower than published. This shall be regardless of whether the order has been confirmed and/or payment has been levied via credit card or cheque or otherwise. In the event the payment has been processed by Gurliess, the refund amount shall be credited to your credit card account and duly notified to you by email or sent by cheque.
In a credit/debit card transaction, you must use a credit/debit card that is issued in the name of the User. Gurliess will not be liable for any credit/debit card fraud because of the card being used fraudulently. The liability to use a credit/debit card or a net banking transaction fraudulently will be on the User, and the onus to 'prove otherwise' shall be exclusively on the User.
Use of the Gurliess website is available only to persons who can form legally binding contracts under the 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 Gurliess website.
Business Entity Registration
If you are registering as a business entity, you represent that you are duly authorized by the business entity to accept these Terms & Conditions/User Agreement and you have the authority to bind that business entity to these Terms & Conditions/User Agreement.
Trademark
The logo/image of Gurliess on the home page of the website and other pages and as used in communication to the User is registered by Gurliess Enterprises and cannot be used, communicated, or distributed without the specific and written permission of Gurliess.
License and Site Access
Gurliess grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except in the case where Gurliess gives consent for the same. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Gurliess. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the site or of Gurliess and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the site’s or Gurliess's name or trademarks without the express written consent of Gurliess. Any unauthorized use terminates the permission or license granted by Gurliess.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of Gurliess.com so long as the link does not portray Gurliess.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Gurliess logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Account
You agree that any use on the site is at your own risk and Gurliess is not responsible for it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
Product Description
Gurliess and its affiliates attempt to be as accurate as possible. However, Gurliess makes no warranties that the product description and any other content of this site are accurate, complete, reliable, current, or error-free. If a product offered by the site itself is not as described, your sole remedy is to return it in unused condition.
Services and Payment
Gurliess reserves the right to introduce new services or modify or delete any existing services provided on the site. Additionally, Gurliess at its sole discretion may introduce fees for the new services provided or amend/introduce fees for existing services, as the case may be. Changes to the fee and related policies shall automatically become effective immediately once implemented on Gurliess.com.
Indemnity
You shall indemnify and hold harmless Gurliess Enterprises, its subsidiaries, affiliates, third-parties, 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 User Agreement and Terms and Conditions or your violation of any law, rules, or regulations, or the rights of a third party.
Data Protection
Gurliess Enterprises may send information and offers of products and services to you from time to time. For further details relating to our policy on such offers, please refer to our Privacy Policy.
Force Majeure
Gurliess Enterprises shall have no liability to you for any interruption or delay in access to the Site, irrespective of the cause. Events that could constitute Force Majeure include, but are not limited to, natural disasters, strikes, wars, pandemics, or any event beyond the reasonable control of Gurliess.
Arbitration
If any dispute arises between you and Gurliess Enterprises during your use of the Website or thereafter, in connection with the validity, interpretation, implementation, or alleged breach of any provision of the User Agreement and Terms and Conditions, the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by Gurliess. The place of arbitration shall be Hyderabad, Telangana. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be conducted in the English language.
Applicable Law
This site is created and controlled by Gurliess Enterprises. The laws of India shall apply, and courts in Hyderabad, Telangana, shall have jurisdiction in respect of all the terms, conditions, and disclaimers. Gurliess Enterprises reserves the right to make changes to the website and the terms, conditions, and disclaimers at any time and without informing the customers/users of the services/website of Gurliess. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as mentioned above shall survive the termination or expiry of this agreement.
