Terms Of Service
Terms Of Service
These Document (“User Terms”) is an electronic record in terms of Information Technology Act, 2000 and rules thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes, as amended from time to time by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
myceryne.com is an internet based portal (herein after referred to as “Website”) which is run, operated and maintained by Infinion Biopharma Pvt Ltd (hereinafter to be referred as “Company” or “We” or “Our” or “Us”) a company duly incorporated under the provisions of the Companies Act, 2013, having its registered address at 407, Silver Radiance, near Pakwan cross road, Sindhu Bhavan road, Ahmedabad.
The User Terms constitutes an agreement between the Company, and a natural or legal person who accesses and/or uses the Website in any manner (“you”, “your”, “Consumer”).For the purpose of these Terms, wherever the context so requires “You”, “Your” or “User” shall mean any natural or legal person who accesses, uses or subscribes to our Website, agrees to become a buyer on the Website or avails or offers to avail any of our services.
The Website is a platform that facilitates marketing, promotion and online purchase by consumers of products like intimate care etc. (“Products”) sold by the company through this website.
Use of the Website is offered to You, subject to acceptance of all the terms, conditions and notices contained in these User Terms including applicable policies which are incorporated herein by reference, along with any amendments / modifications made time to time by Company at its sole discretion and posted on the Website, including by way of imposing an additional charge for access to or use of a service(s).
Any individual who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. individuals who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Website.
Listing and display of a Product by us on the Website is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on the Website by you is your offer to buy the Product(s) from us.
Once you have placed an order with us for purchase of a Product, you will receive an e-mail containing your order number and shipment details (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
We only accept your offer and conclude the contract of sale for a Products ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation and/or confirmation to your registered mobile number is sent stating that the Product has been shipped or dispatched (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Website in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.
All orders placed on the Website are subject to the availability of such Products, our acceptance of your offer as per the above and your continued adherence to these User Terms.
The Company may change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product or any service, may be subject to change, without notice or liability. You may not sell or resell any of the Products you receive from us unless agreed otherwise. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to you that we believe, in our sole discretion, may result in the violation of our T&C.
While describing our Products on our Website, we endeavour to be as accurate as possible. To the extent implied by applicable law, we do not warrant that the Product descriptions, colours, information or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Product or services. Please note that the Product pictures are indicative and may not match the actual Product.
All product prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes and shipping charges. Products in your shopping cart of the Website will reflect the most recent price as displayed on the Product’s information webpage on the Website. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product’s price may vary between the time you place it in your shopping cart and the time you place the order. The price as applicable at the time of placing order shall be final.
- USE OF WEBSITE
In order to access or use the Website you must set up an account by providing information about yourself as prompted on the sign-up page of the Website which may include your name, gender, mobile number and such other details relevant for placing orders through your account. Your login ID and password will be created basis the information provided by you, which you can use to access your account at any time. Your credentials shared by you at the time of registration and your login ID and password are referred to as “Account Information”.
You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of your Account Information. You shall remain solely responsible for all the actions by you on your account.
You will: (a) immediately inform us of any unauthorized use or security breach of your account, and (b) ensure that you log out of your account at the end of each session. You may be held responsible for any losses incurred to Company or any other user due to unauthorized use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to the Website, terminate or suspend accounts, remove or edit content at any time without providing any notice to you.
We constantly monitor the user’s account in order to avoid fraudulent accounts and transactions. We recommend users to create one single account and order products from the same account everytime. In the event user creates more than one user account it shall on the users own risk and responsibility. In case of any unauthorized use of Your Account please immediately reach out to the Grievance Officer.
In case, you are unable to access Your Account, please reach out to the Grievance Officer make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.
- CUSTOMER SOLICITATION AND COMMUNICATION
You understand that once you have shared your Account Information and successfully registered on the Website, you may receive SMS or email notifications from us relating to your registration and transactions on the Website including promotional offers and updates. You consent to receive communications, notifications and commercial messages regarding any transaction / marketing / promotional activities that are related to your transaction on the website or the Products and Services that maybe available on the Website from time to time. By sharing your Account Information and registering on the Website and/ or verifying your contact number with us, you explicitly consent to receive marketing / promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings. While the Company endeavours to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you. You can unsubscribe/opt-out from receiving marketing/promotional communications, newsletters and other notifications from the Company at any time by following the instructions set out in such communications.
- USER WARRANTIES AND RESTRICTIONS
You represent and warrant that: (a) your use of the Website will not violate any applicable law or regulation; (b) all information that is submitted to the Company in connection with the Website is true, accurate and lawful; (c) Your use of the Website does not breach any applicable Website policies or guidelines and will not cause injury to any person or entity. If at any time, the information provided by you is found to be false or inaccurate the Company will have the right to reject registration, cancel any or all orders, and restrict you from using the Website and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify the Company and its affiliates for all claims brought by a third party.
You will use the Website for a lawful purpose only, and will not undertake any activity that is harmful to the Company or the Website or its content or otherwise not envisaged through the Website. You have a limited license to access and use the Website, solely for the purpose of availing the services, subject to these Terms.
The use of the Website by you is restricted to personal use only, and you will not use any portion of this Website (including the contents on the Platform) or Services for any resale or commercial purpose.
You will not do any of the following:
- Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search the Website;
- Make false or malicious statements against the Product, the Website or the Company;
- Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website;
- Introduce any trojans, viruses, any other malicious software, any bots or scrape the Website for any information;
- Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
- Hack into or introduce malicious software of any kind onto the Website;
- Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
- You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Website, any information that:
- belongs to another person and to which You do not have any right;
- is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates or defames another person; or
- Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
- PAYMENT AND REFUNDS
The Payments for the Products available on the Website may be made in the following ways through Credit Cards, Debit Cards, Net Banking, Wallets, UPI. Cash on Delivery facility is not available for the users. In the event due to any circumstances beyond the control of the Company and also of the user the product ordered is not delivered or damaged during transit the user has the option to cancel the order and seek refund of amount paid. In such circumstances the amount so paid by the user excluding of the taxes and shipping charges shall be refunded to the original source of payment made by the user at the time when the order is placed. The processing time shall vary according to the mode of payment originally made by the user and that company shall not be liable for any delay in refund of the amount.
- CANCELLATION / RETURN POLICY
ALL PRODUCTS SOLD ON THE WEBSITE ARE SOLD AS NO RETURN NO EXCHANGE BASIS. In the event the user has placed order on the website and wish to cancel the order same can only be done before the delivery of the product to the user. Once the product is deliver the same shall not be cancelled or returned in any circumstances and no refund claims or requests shall be entertained.
The company and the logistics partner for the delivery of the products uses state of the art transportation equipment’s and packaging materials to ensure greater safety in last mile delivery of the product to the user. User agrees and acknowledges that despite put in place proper systems and using best packaging materials there could be situations when the users are delivered with damaged products. In a situation if any user is delivered with damaged product user needs to report the same to firstname.lastname@example.org along with the photographs of the products. Once the customer support department receives the request of the user and after due verification of the claim, company allows the user following options option 1) to exchange the product for the same product and re-ship the product to the user at the cost of the company 2) to ship for a different product as per the request of the user for higher, same or lesser value and any difference in price shall be to or refunded by the company 3) to cancel the order and seek for full refund of the price paid as per the refund policy.
- DELIVERY AND TRACKING
Delivery usually takes 3 – 6 business days from the date of order placement. Upon placement of the order, the estimated shipping and delivery timelines shall be available on order details page. The estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control. In the event, the Company is unable to deliver the Product within the estimated delivery date due to any reason, you will be notified by an e-mail the reason for such delay. You will have the right either to cancel the ordered Product or wait for the Product to be delivered. Please note that your order will be cancelled due to: (i) unavailability of the Product ordered; or (ii) at your instructions, in the event of failure to deliver the Product on the expected time of delivery by our delivery partners. You agree that the Company shall not be liable to pay for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery.
Upon dispatch of the Product, you will receive an email with the details of the tracking number and the courier company. Orders may also be tracked, by clicking the ‘Your orders’ option on you My Accounts page. The order status can be tracked after 24 hours from the time of dispatch.
- SITE SECURITY
We try hard to keep our Services a safe place for all users. But we cannot guarantee it. That is where you come in. By using the website you further agree that:
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
- accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”;
- sending unsolicited email, including promotions and/or advertising of products or services; or
- forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability
- threatens the unity, integrity, defence, security or sovereignty of India, public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence.
All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Website are the property of the Company or its affiliates (“Company Content”). The Company may display on the Website any third-party logos, trade names, trademarks of other brands, as per the license granted to the Company by such brands. No information, content or material from the Website (including the Company Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without Company’s express written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s or its affiliates’ names or trademarks without the express written consent of the Company and/or its affiliates, as applicable. Any unauthorized use terminates the permissions granted in these Terms.
- INTELLECTUAL PROPERTY OWNERSHIP
The Website, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Company or their third party partners or respective third parties. You are not permitted to use the Marks without the prior consent of Company and/or the relevant third parties that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Company owns all intellectual property rights in and to the trademark “Ceryne”, “Ceryne Intimate Care” domain name “https://myceryne.com”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, you acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Company or third party owner of such Content.
- TERM AND TERMINATION
Unless terminated in accordance with this Clause, the agreement between Company and You is perpetual in nature upon visiting the website and browsing the same including but not limited to purchase of the products.
If you want to terminate your agreement with Company, you may do so by (i) not accessing the Website; or (ii) closing your accounts for all of the services that you use, where Company has made this option available to you. Company may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with you if:
- Company is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
- The provision of the services to You, by Company is, in Company’s opinion, no longer commercially viable;
- Company has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
- Company may also terminate or suspend all or a portion of your account or access to the services with or without reason.
Termination of this agreement will not prejudice accrued rights of either of company or you.
Clauses of (Indemnification), (Liability), (Intellectual Property Ownership), (Term and Termination), (Notice) and (Applicable Law and Dispute Resolution) shall survive the expiry/termination of these User Terms in accordance with their terms.
- INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to indemnify, save, and hold the company, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to: (i) Your use or misuse of the website and its services; (ii) any violation by you of this User Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify company, including rights to settle, and you agree to cooperate with company in defence and settlement of these claims. Company will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Company do not assume any liability with respect to any loss or damage, arising directly or indirectly due to any inaccuracy or incompleteness of any information, data or a breach of any warranty or guarantee due to the actions of any user of the website. The website and Services are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. We do not warrant the quality of the Services or the website including its uninterrupted, timely, secure or error-free provision, continued compatibility on any device, or correction of any errors.
In no event shall we, or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable for any special, incidental, punitive, direct, indirect or consequential damages suffered as a consequence of a breach of the User Terms by another user or arising out of the use of or the reliance on any of the Services of the Website.
In no event shall we or any of our affiliates, successors, and assigns, and each of their respective investors, directors, officers, employees, agents, service providers, and suppliers be liable if any exclusion contained herein is held to be invalid for any reason.
- GRIEVANCE REDRESSAL AND CUSTOMER SUPPORT
This clause outlines grievance redressal mechanism available to the user for escalating their complaints with company. Company will deal with all user complaints in transparent and timely manner. If any user has any grievance/complaint/feedback/ suggestion relating to the use of the website and its services, user may get in touch on email@example.com Company shall try to resolve the user complaint on best effort basis. Further decision taken by Company and its representatives shall be final and binding. Any dispute if arises between the user and Company arising out of the complaint shall be resolved as per the Dispute Resolution clause as stated herein below.
In accordance with Information Technology Act 2000 and rules made there under, the contact detail of the Grievance Officer is provided below:
Mr Dhruv Desai Email: firstname.lastname@example.org
If the user have any queries with respect to the purchases made or order placed on the website, user may reach the customer support on the email@example.com.
- DISPUTE RESOLUTION
If any dispute, controversy or claim arises under this User Terms or in relation or connection to any services provided from the Website, including any question regarding the existence, validity or termination of this User Terms (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, Company shall elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed by Company. The seat of the arbitration shall be Ahmedabad, Gujarat and the language of this arbitration shall be English. Either You or Company may seek any interim or preliminary relief from a court of competent jurisdiction in Ahmedabad, Gujarat necessary to protect the rights or the property belonging to you or Company (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor company may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and company. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of this Agreement.
- GOVERNING LAW
Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against Company must be resolved by a court having jurisdiction in Ahmedabad, Gujarat. You agree to submit to the personal jurisdiction of the courts located within Ahmedabad, Gujarat, for the purpose of litigating all such claims or disputes. This Agreement shall be governed by Indian law. This paragraph shall survive termination of this Agreement.
- FORCE MAJEURE
The Company will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, storm, natural disaster, act of God, war, terrorism, armed conflict, labour strike, lockout, or boycott, any acts of nature labour disputes, floods, lightning, severe weather, shortages of materials, rationing, pandemic or epidemic or any other outbreak as declared by relevant government authorities or international authority like World Health Organization, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the Website, utility or communication failures, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause beyond our reasonable control. Further if Force Majeure event takes place that affects the performance of our obligations under these T&C our obligations under these T&C shall be suspended for the duration of Force Majeure event.
In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between you and company, the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
- MODIFICATION/ CHANGES OF THIS AGREEMENT
Company reserves the right to change, modify, add, or remove portions of this User Terms (each, a change and collectively, changes) at any time with or without any prior notice. The changes will become effective and shall apply immediately on posting the revised User Terms on the website. Your access or use of the Website following any such changes constitutes your acceptance to follow and you shall be bound by these T&C, as amended from time to time. For this reason, we encourage you to review the User Terms each time you access and place your order. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the website.
Company may give notice by means of a general notice on the website, or by electronic mail to your email address or a message on your registered mobile number, or by written communication sent by regular mail to your address on record with company. You may contact us by electronic mail at our email address firstname.lastname@example.org. or by written communication sent by regular mail to our address at 407, Silver Radiance, near Pakwan cross road, Sindhu Bhavan road, Ahmedabad.
- If any aspect of these User Terms is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our Terms must be in writing and signed by us.
- If we fail to enforce any aspect of these Terms, including reporting any illegal or impermissible actions to appropriate law enforcement authorities or blocking or suspending your profile, such failure to enforce our rights will not be a waiver by us.
- We reserve all rights not expressly granted to you.