Terms of Use

Welcome to EMYARD! EMYARD Services and its affiliates (“we”, “us” or “emyard”) provide website features and other products and services (“EMYARD Services”) to you subject to the following conditions (“Terms of Use”).

By using EMYARD Services, you agree to these conditions. Please read them carefully.

We offer a wide range of EMYARD Services, and additional terms may apply. When you use an EMYARD Service (for example, Selling on EMYARD, EMYARD Webstore, Fulfillment By EMYARD, Product Ads and Marketplace Web Services) you also will be subject to the guidelines, terms and agreements applicable to that EMYARD Service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of EMYARD Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use certain EMYARD Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by e-mail, by posting notices on our websites, by delivering notifications through our mobile applications or through other electronic means. 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.

COPYRIGHT

All content included in or made available through any EMYARD Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of EMYARD or its content suppliers and protected by indian laws. The compilation of all content included in or made available through any EMYARD Service is the exclusive property of EMYARD and protected by indian laws. All software used on this EMYARD Service is the property of EMYARD or its software suppliers and protected by indian laws.

TRADEMARKS

EMYARD, EMYARD Services logos, and other graphics, logos, page headers, button icons, scripts, and product and service names included in or made available through any EMYARD Service are trademarks or trade dress of EMYARD in india. EMYARD trademarks and trade dress may not be used in connection with any product or service that is not EMYARD, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits EMYARD. All other trademarks not owned by EMYARD that appear in any EMYARD Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by EMYARD

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LICENSE AND ACCESS

Subject to your compliance with these Terms of Use and your payment of any applicable fees, EMYARD Services india S.àr.l. grants you a limited license to access and make personal use of this EMYARD Service and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EMYARD. This license does not include any resale or commercial use of any EMYARD Services or its contents; any derivative use of any EMYARD Services or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This EMYARD Service or any portion of this EMYARD Service may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 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 EMYARD without our express written consent. You may not use any meta tags or any other 'hidden text' utilizing EMYARD names or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by EMYARD. You are granted a limited, revocable, non-transferable, non-sublicensable and nonexclusive right to create a hyperlink to the home page of services.emyard.in so long as the link does not portray EMYARD, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of EMYARD as part of the link without our express written permission.

YOUR ACCOUNT

If you use any EMYARD word and for restricting access to your computers and other applicable devices, and you agree to accept responsibility for all activities that occur under your account or password. EMYARD Services are not intended for use by children. If you are under 18, you may use EMYARD Services only with involvement of a parent or guardian. EMYARD reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

YOUR LICENSE

If you submit material, and unless we indicate otherwise, you grant EMYARD a nonexclusive, royalty-free, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media for as long as you are permitted to grant the said licence under applicable law. You grant EMYARD and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EMYARD for all claims arising from content you supply. EMYARD has the right but not the obligation to monitor and edit or remove any activity or content. emyard takes no responsibility and assumes no liability for any content submitted by you or any third party.

COPYRIGHT COMPLAINTS

EMYARD respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

SERVICES DESCRIPTIONS

EMYARD attempts to be as accurate as possible. However, EMYARD does not warrant that descriptions of services or other content of this EMYARD Service is accurate, complete, reliable, current, or error-free. EMYARD provides links to other sites over which EMYARD has no control. EMYARD 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.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

EMYARD SERVICES ARE PROVIDED BY EMYARD ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. EMYARD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS EMYARD SERVICE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THIS EMYARD SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS EMYARD SERVICE IS AT YOUR SOLE RISK. EMYARD RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY INFORMATION FROM THIS EMYARD SERVICE AT ANY TIME IN ITS DISCRETION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, EMYARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EMYARD SERVICES DOES NOT WARRANT THAT THIS EMYARD SERVICE, ITS SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT FROM AMAZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EMYARD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS EMYARD SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN JURISDICTIONS’ LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By using the EMYARD Services you agree that the laws of the INDIA without regard to principles of conflicts of laws International Sale of Goods, will govern these Terns of Use .and any dispute of any sort that might arise between you and EMYARD. Any dispute relating in any way to your use of the EMYARD Services or this Agreement (a) may be adjudicated in the courts of the district of PUNE City, PUNE if you are not registering for the EMYARD Services as a business and (b) will be adjudicated exclusively in the jurisdiction of the courts of the district of PUNE City, PUNE if you are registering for the EMYARD Services as a business.

EMYARD SERVICES POLICIES; MODIFICATION, AND SEVERABILITY

Please review all policies applicable to EMYARD Services you use posted, or otherwise made available, through the applicable EMYARD Services. These policies also govern your visit to and use of EMYARD Services. We reserve the right to make changes to EMYARD Services policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

EMYARD

YOGESH PARK FLAT NO 3,PLOT NO 145,

LULLANAGAR , NEAR MOUNT CARMEL SCHOOL ,

PUNE 411040,

MAHARASHTRA, INDIA

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your rights are being infringed, you may fill out and submit the Notice Form. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.

Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to EMYARD the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify EMYARD for all claims brought by a third party against EMYARD arising out of or in connection with the submission of a Notice Form.

Important Warning: giving false, misleading or inaccurate information in the Notice Form to EMYARD may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.

EMYARD SOFTWARE TERMS

The following additional terms apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with EMYARD Services (the “EMYARD”):

1. Use of the EMYARD Software. You may use EMYARD Software solely for purposes of enabling you to use and enjoy EMYARD Services as provided by EMYARD, and as permitted by these Terms of Use and any Service Terms. You may not incorporate any portion of the EMYARD Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the EMYARD Software or otherwise assign any rights to the EMYARD Software in whole or in part. You may not use the EMYARD Software for any illegal purpose. We may cease providing any EMYARD Software and we may terminate your right to use any EMYARD Software at any time. Your rights to use the EMYARD Software will automatically terminate without notice from us if you fail to comply with any of these Terms of Use and any Service Terms. Additional third party terms contained within or distributed with certain EMYARD Software that are specifically identified in related documentation may apply to that EMYARD Software (or software incorporated with the EMYARD Software) and will govern the use of such software in the event of a conflict with these Terms of Use. All software used in any EMYARD Service is the property of EMYARD or its software suppliers and protected by PUNE and  INDIAN laws.

1. Use of Third Party Services. When you use the EMYARD Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.

1. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the EMYARD Software, whether in whole or in part, or create any derivative works from or of the EMYARD Software.

1. In order to keep the EMYARD Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.