Terms & Conditions
These Terms of Use (“Terms of Use”) is a legal agreement between you, the user (“User”/ “You”/“Your”, which terms shall include the persons that access, use, and/or participate in the Platform in any manner), and [name of partnership/proprietorship] (hereinafter referred to as “We”, “Us”, or “Our”), the owner of website located at [website domain name] (“Website”) and “Rayy” mobile application available on the Apple AppStore and Google Play Store (“App”). Where the context so requires, the Website and the App shall be collectively referred to as the “Platform”.
We have established a privacy policy available on the Platform (“Privacy Policy”), that explains to Users how their information is collected and used. The Privacy Policy is referenced below and is hereby incorporated into the Terms of Use set forth herein. Your use of the Platform shall also be governed also by the Privacy Policy, in addition to these Terms of Use.
These Terms of Use, read with the Privacy Policy, are an electronic record under the Information Technology Act, 2000, and the rules made thereunder and the amended provisions pertaining to electronic records under various Indian statutes and is enforceable against You under law by way of Your acceptance hereof. We reserve the right to modify these Terms of Use, the Privacy Policy and any other documents incorporated by reference herein at Our sole discretion for complying with the extant legal and regulatory framework and for other legitimate business purposes, at any time, and the We will post the amended Terms of Use with or without any notification to You on the Platform. It is Your responsibility to review the Terms of Use for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. If You do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.
1. Account Creation
To visit or access the Platform in any manner, You must be 18 years of age or older. By visiting the Platform or accepting these Terms of Use, You represent and warrant to Us that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform and agree to and abide by these Terms of Use. You also represent and warrant to Us that You will use the Platform in a manner consistent with any and all applicable laws and regulations in addition to these Terms of Use.
You represent, acknowledge and agree that: (a) all registration information that You submit is truthful, current, complete and accurate, (b) You will maintain the currency, completeness and accuracy of such information, and (c) Your use of the Platform and the Services offered through the Platform do not violate any applicable law or regulation applicable either to You, the Platform or Us. Your User Account may be terminated without warning if We, at Our discretion, believe that You are under the age of 18 (eighteen) or that You are not complying with any applicable laws, rules or regulations or these Terms of Use.
To access and avail the Services of the Platform, You will need to create a password-protected user account (“User Account”). To create a User Account, You must submit Your name, email address and such other details as may be requested through the User Account registration page on the Platform and create a password. You are solely responsible for safeguarding Your password for your User Account and, if applicable, Your password on the third-party sites linked to the Platform (collectively, "Password/s") and You shall keep Your Passwords secure at all times.
You can, and are advised to, change Your passwords from time to time in order to keep Your User Account and Your interactions secured within the Platform. You shall be solely responsible for all activities that occur on Your User Account and You shall notify Us immediately of any breach of security or any unauthorized use of Your User Account. Similarly, You shall never use another's User Account without the Our permission. You agree that You will not misrepresent Yourself or represent Yourself as another User of the Platform and/or the Services offered through the Platform.
You are liable and accountable for all activities that take place through your User Account, including activities performed by persons other than you or computer programs (including but not limited to bots and autonomous programs and algorithms).
2. Personal Information and Data
In order to ensure that the User can access the various features and use the services provided by Us, the User shall be required to mandatorily submit certain personal information to ensure compliance prevalent the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and any other applicable laws. The User shall be required to provide express consent to Us for granting it access to the following information during various stages of the User’s interaction with the Platform:
a. Name of User, Date of Birth, Gender, Nationality, Mother and Father’s names, and a recent, updated photo;
b. Residential address, phone number, email address and nominee details;
c. PAN Card Number, Redacted Aadhar Number, and other KYC Information collected through online or offline means;
d. Information stored on device such as telephonic records, device information, cookies, etc.;
e. Platform and Service usage data; and
f. Any other User information that We may require from time to time.
The information provided by the Users shall be stored and utilized in accordance with the relevant applicable regulations.
The User hereby authorizes Us to disclose such information to any third party that We may deem necessary and essential for the provision of the Services.
The User further authorizes Us to use any data provided by the User during the course of the provision of services by Us via the Platform.
3. Description of Services
The Platform is a technology solution which allows You to book appointments with leading saloons, make-up artists, and other such professionals and facilitate the purchase of variousproducts including but not limited to cosmetics and hair-care products through Our affiliate links to various third party e-commerce platforms such as Amazon India, Nykaa, Myntra, Flipkart or any other third party platform We may partner with from time to time (“Services”). We may at any time modify, alter, amend, increase or decrease the scope of the Services. By accepting these terms and conditions, You hereby release Us from all liability with respect to Your transactions and relationship with any other financial intermediary acknowledge that You have the choice not to use the Platform if You do not want to become a customer of any other financial intermediary linked to the Platform.
4. Acceptance of Terms
These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation on the Platform, including advertisements, third party applications and internet links, and all content and Services available through the Platform. These Terms of Use shall also govern the financial transactions between the Users of the Platform. The Terms of Use described below incorporate the Privacy Policy and apply to all Users of the Platform.
In addition to the Terms of Use, which governs Your access and use of the Platform, Your access to, use of, and participation in the Platform is subject to all applicable regulations, guidelines and additional policies that We may set forth from time to time, including without limitation, any product specific policy and any other restrictions or limitations that We publish on the Platform (the “Additional Policies”). You hereby agree to comply with the Additional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of these Terms of Use or the documents referenced herein, including any Additional Policies, We may, in Our sole discretion, terminate Your User Account at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary.
5. License to Use
We hereby grant You a non-exclusive, revocable, limited license to use the Platform in the manner and on the terms and conditions as set forth in these Terms of Use; provided, however, that (i) You will not copy, adapt, translate, incorporate into any other software or platform, distribute, or make derivative works of the Platform in any medium without Our prior written consent; (ii) You will not alter, modify, decompile, disassemble, reverse engineer, or attempt to reconstruct, identify or discover any source code, underlying ideas, user interface techniques or algorithms of any part of the Platform other than as permitted and as may be reasonably necessary to use the Platform for its intended purposes; and (iii) You will at all times act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
6. Limitation of Liability
Except where prohibited by law, in no event will We, Our directors, employees, agents, associates, partners or suppliers be liable to You for any direct, indirect, consequential, exemplary, incidental or punitive damages, including loss of profit or loss of revenue, even if We have been advised of the possibility of such damages. Further, it is hereby clarified that in no event will We, Our directors, employees, agents, associates, partners, or suppliers, be held liable for the disclosure of the any of the User’s information to any third party as long as such disclosure is in compliance with the Terms of Use.
You hereby expressly acknowledge and agree that You (and not Us) will be liable for Your losses, damages etc., (whether direct or indirect) caused by an unauthorized use of Your User Account. Notwithstanding the foregoing, You will be liable for the Our losses or losses incurred by others due to such unauthorized use, and We will not be responsible for misuse of Your User Account by any third party, whether authorized by You or not. In no event shall We be liable to You for any damages for breach of fiduciary duty by third parties.
In the event, We are found to be liable to You for any damage or loss which arises out of or is in any way connected with Your use of the Platform, liability shall in no event exceed INR [•].
7. Account Policies
You acknowledge and agree that You shall comply with the following policies (the “Account Policies”):
a. You shall not use any automated system, including but not limited to, “robots”, “spiders”, “offline readers”, “scrapers” etc., to access the Platform, for any purpose, without the Ourprior written approval.
b. You shall not in any manual or automated manner collect information, personal or otherwise, of any other user on the Platform including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text or content, or otherwise misuse or misappropriate the Platform’s information or content, including but not limited to, use on a “mirrored”, competitive, or Third Party Website, except with Our prior written consent or through a lawful and valid communication with such other User through any valid communication channel provided on the Platform. You shall not take any action that (i) unreasonably encumbers or, in Our sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses any of Our measures that are used to prevent or restrict access to the Platform.
c. You shall not frame or hotlink or deep link any contents from the Platform.
d. You shall not take any action that (i) unreasonably encumbers or, in the Our sole view, may unreasonably encumber the Platform’s infrastructure; (ii) interferes or attempts to interfere with the proper working of the Platform or any third-party participation on the Platform; or (iii) bypasses the any measures that are used to prevent or restrict access to the Platform.
e. You agree neither to collect or harvest any data, including without limitation, names or other User Account information, from the Platform, nor to use the communication systems provided by the Platform for any use other than as intended under the Platform and in accordance with the Privacy Policy.
f. You agree to receive all updates and alerts via SMS and Email to Your registered phone number and Email address respectively. The delivery of such updates and alerts will be done by Us on a best-effort basis through its official channels.
g. You understand and agree to pay such fees as may be applicable from time to time for using the Platform and availing the Services.
8. Testimonials
We shall obtain the express consent of the User while recording their testimonial or review of the Services provided by Us. The testimonial shall clearly mention the relation between Us and the User. The testimonial shall include the name and designation of the user, the time period for which they have used the services provided by Us and shall not be deceptive or misleading in any manner.
9. Disclaimers
The User understands that the Services provided by the Platform are on an ‘as is’ basis. The User shall use the Platform at their own risk. We make no warranty regarding the use of the Platformbeing bug free, virus free, error free and free of any technical problems. We do not warrant that all errors, bugs, or defects will be corrected.
We disclaim all warranties, conditions, results, guarantees, and representations with respect to the Platform, whether express or implied, the warranties of merchantability or satisfactory quality, fitness for a particular purpose, non-infringement of third-party rights or arising from the course of performance or of dealing or usage of trade.
Any interactions, communications, dealings or transactions between the Users and third-party providers on the Platform regarding the products or schemes provided by the third party shall constitute a separate and independent transaction between the User and the third party and under no circumstances shall any liability arising from such transactions be imposed on Us.
10. Jurisdiction, Governing Laws and Dispute Resolution
These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Bangalore, Karnataka shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Platform and the Services.
Any and all controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator mutually appointed by the User and Us. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.The seat and venue of the arbitration shall be Bangalore, Karnataka.
11. Force Majeure
We shall not be liable or responsible to You, nor be deemed to have defaulted under or breached these Terms of Use, for any failure or delay in fulfilling or performing any obligations under these Terms of Use or any other arrangement, or agreement that We may enter into with You, when and to the extent such failure or delay is caused by or results from acts beyond Our reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) actions, embargoes or blockades in effect on or after the date of this these Terms of Use; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns or other industrial disturbances; (i) epidemic or pandemic; (j) emergency state; (k) shortage of power or transportation facilities; and (l) other similar events beyond the reasonable control of the Impacted Party.
12. Severability
In the event any of the provisions of these Terms of Use are deemed to be unlawful orunenforceable for any reason by a court or tribunal of competent jurisdiction, the other provisions of these Terms of Use shall continue to remain in force and such provisions deemed to be unlawful or unenforceable will be deemed to be deleted from these Terms of Use and any such deletion shall not affect the enforceability of the remainder of these Terms of Use.
13. Signature Consent
You hereby consent and the Platform linking any signatures provided as part of the Platform onboarding process to Your Email ID that You have provided to create my User Account on the Platform, and on Your consent, use the same for the purpose of my digital signature.
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