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Home / Terms and Conditions

Terms and Conditions

WEBSITE TERMS OF SERVICE

The Terms of Service (“Terms”) describe the terms under which FYVA (Sigalia Solutions Private Limited) (“Us”, “We”, or “Our”) provides an individual or entity (“You”, “Your”, “Yourself”) who purchases Our products and/or creates an account with Us. By accessing and/or using Our website, (a) You agree to be bound by these Terms, (b) You warrant to Us that You have the legal capacity to enter into this agreement, and (c) that, in the event You are entering into these Terms on behalf of any entity/company or its group, You possess the requisite authority to bind such entities, company or its groups to these Terms. If You do not agree to these Terms, You should immediately cease using our services.

USE OF PLATFORM

  • The website fyva.in (“Website”) is owned and operated by Sigalia Solutions Private Limited, a company incorporated under the provisions of The Companies Act, 2013 with its registered office at 26&27, Morrison Street Alandur, Alandur (Reopened W.E.F.6.6.05), Kanchipuram, Saidapet, Tamil Nadu, India, 600016. You may be accessing the Website from a computer or mobile phone device (through an iOS or Android application, for example) and the terms laid down herein governs Your usage of Our Website and Your conduct, regardless of the means of access. 
  • This Website is only to be used for Your personal and non-commercial usage. The use of the services and features of the Website shall be governed by the Terms along with the Privacy Policy, and Exchange and Return Policy, Shipping Policy and Order Cancellation Policy (together “Policies”) as modified and amended from time to time.
  • By merely accessing or using this Website, You are acknowledging, without limitation or qualification, to be bound by these Terms and the Polices, whether You have read the same or not. 

USER OBLIGATIONS

  • In the access or use of the Website, You shall comply with all the Terms and the special warnings or instructions for access or use posted on the Website. You shall always conduct Yourself in accordance with the law, custom and in good faith. You may not make any changes or alterations to the Website or any content or services that may appear on this Website and You may also not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms, if You default negligently or wilfully in any of the obligations set forth in these Terms, You shall be liable for all the losses and damages that this may cause to Us, our Affiliates, Subsidiaries, Partners or Licensors.

ACCOUNT

  • By creating an account upon agreeing to the Terms, You represent that You are at least the age of majority in Your country of residence and We assume that any minor (if at all) accessing this Website is under the supervision of a guardian who is of age. You will be responsible for maintaining the confidentiality of Your account, password, and restricting the access to Your computer. You hereby accept responsibility for all the activities that occur under Your account and Your password. You acknowledge that the information You provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
  • If You are accessing, browsing and using the Website on someone else’s behalf; You represent that You have the authority to bind that person to all the Terms specified herein. 
  • In case of any breach in security in Your account, You should contact Us immediately vide email at help@fyva.in or through a phone call on 022-489-04150. If We have found a breach or suspected breach of the security in Your account, We may require You to change Your password, temporarily or permanently block or suspend Your account without any liability to Us.
  • You are solely responsible for all contents that You upload, post, email or otherwise transmit via the Website. The information provided to Us shall be maintained by Us in accordance with Our Privacy Policy.

PRODUCTS AND SERVICES INFORMATION

  • Occasionally there may be information on Our Website or in the service that contains typographical errors, inaccuracies or omissions and may not be complete or current that may relate to product descriptions, offers, promotions, product shipping charges, transit times etc. Our attempts to be as accurate as possible in the description of the product on the Website. However, We do not warrant that the product description, colour, information or other content of the Website is accurate, complete, reliable, current or error-free. The product pictures are indicative and may not match the actual product.
  • We reserve the right to correct, change or update information, errors, inaccuracies, omissions or cancel orders if any information in the products or services is inaccurate at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the product or services.
  • We undertake no obligation to update, amend or clarify information in the product or service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the product or service should be taken to indicate that all information in the product or service has been updated or modified. 

PRODUCT USE AND SERVICES

  • The products and services described on this Website, and any samples thereof that We may provide to you, are for personal use only. 
  • You may not sell or resell any of the products or services, or samples thereof, You receive from us for commercial reasons. 
  • We reserve the right, with or without notice, to cancel or reduce the quantity of any products or services to be provided to you that we believe, in Our sole discretion, may result in the violation of our Terms. 
  • You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the usage any of the products and beauty services.

PRIVACY POLICY

  • Our Privacy Policy explains how We collect, use, and protect Your personal information when You use the Website. 
  • By using the Website, You consent to the collection and use of Your personal information as outlined under the Privacy Policy. 
  • Your continued use of the Website implies that You have read and accepted the Privacy Policy and agree to be bound by its terms and conditions.

RECOMMENDATION OF THE PRODUCTS AND SERVICES

  • Any recommendation made to the user in the Website during the course of their use of the Website is purely for informational purposes and for their convenience. 
  • It does not amount to the endorsement of the product or services offered by Us or any of Our affiliates in any manner.

LINKS AND THIRD-PARTY SITES

  • References on the Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You. 
  • This does not in any way constitute or imply Our endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Us and other such third parties.
  • We are not responsible for the content of any third-party websites and do not make any representations regarding the content or accuracy of material on such websites. 
  • If You decide to link to any such third-party websites, You are doing so entirely at Your own risk. 
  • We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. 
  • You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that You visit via the Website. 
  • We are in no way responsible for examining or evaluating, and do not warrant the offerings of, off-website pages or any other websites linked to or from the site, nor do We assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. 

ORDER CANCELLATION POLICY

  • Our Order Cancellation Policy explains the process of cancellation of products and how to claim refund when You use the Website. 
  • By using the Website, You consent to such terms as outlined under the Order Cancellation Policy. 
  • Your continued use of the Website implies that You have read and accepted the Order Cancellation Policy and agree to be bound by its terms and conditions.

EXCHANGE AND RETURN POLICY

  • Please refer to Our Exchange and Return Policy provided in Our Website as amended from time to time.
  • Your continued use of the Website implies that You have read and accepted the Exchange and Return Policy and agree to be bound by its terms and conditions.

SHIPPING POLICY

  • Please refer to Our Shipping Policy provided in Our Website as amended from time to time.
  • Your continued use of the Website implies that You have read and accepted the Shipping and Policy and agree to be bound by its terms and conditions.

PRICING INFORMATION

  • We strive to provide accurate product and pricing information. Without limiting the generality of the rules laid down under the Policies, if a product / service is listed at an incorrect price or with incorrect information due to any technical error, We shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by You.
  • In the event that an item is wrongly priced, We may, at our discretion, either contact the user for instructions or cancel Your order and notify You of such a cancellation. Unless the product ordered by You has been delivered, the offer will not be deemed accepted and We will have the right to modify the price of the product/ service and contact You for further instructions using the e-mail address provided by You during the time of registration or placing of order, or cancel the order and notify You of such cancellation. 
  • In the event that We accept Your order the same shall be debited to your credit card/ debit card account and duly notified to You by email after the payment has been processed. The payment may be processed prior to 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 to Your credit / debit card account. 
  • We may revise and cease to make available any product/ services at any time. 

USER CONTENT

  • The information, photos, images, texts, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (“User Content” ), are entirely Your responsibility and We will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as Yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that: - 
    • belongs to another person and to which You have no right over;
    • is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, propaganda or otherwise unlawful in any manner whatever;
    • harm 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;
    • impersonate another person; and 
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
    • We shall in no way be held responsible for examining or evaluating User Content, nor do We assume any responsibility or liability for the User Content. We do not endorse or control the User Content transmitted or posted on the Website by You and therefore, accuracy, integrity or quality of User Content is not guaranteed by Us. 
  • You understand that by using the Website, You may be exposed to User Content that is offensive, indecent or objectionable to You. Under no circumstances will We be liable in any way for any User Content, including without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by You as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against Us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
  • You hereby acknowledge that We have the right (but not the obligation) in Our sole discretion to refuse to post or remove any User Content and further reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms, We have the right to remove any User Content that violates these Terms or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms or infringe the rights of others.

INTELLECTUAL PROPERTY

  • The name and logo and all related product and service names, design marks, their “look and feel” including but not limited to trademarks, logos, service marks, texts, graphics, logos, button icons, images, audio clips, data compilations and software  of FYVA, whether registered or unregistered (hereinafter referred to as “Content”) is Our exclusive property and is protected by laws of India, including laws governing all applicable forms of intellectual property and International treaties and is intended solely for personal and non-commercial use.
  • All the other Content provided on the Website are the property of their respective companies. Other company, product, and service names and logos used and displayed via the Website may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Us. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any of the Content in any manner. 
  • Consequently, the materials on this Website shall not be copied, reproduced, duplicated, displayed, sold, licensed, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for Your personal, non-commercial use only. 
  • No right, title or interest in any downloaded materials or software is transferred to You as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying. 
  • The Content is to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Website is strictly prohibited. 
  • We will not be liable for any claim against any logo or intellectual property rights of any third party in relation to the brands of the products listed on the Website and any such infringing content may be removed by Us at Our sole discretion.

LIMITED LICENSE

  • We grant You limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Website. All rights not expressly granted to You in these Terms, are reserved and retained by the Website and its affiliates.
  • This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Website or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Website or any and/or all Content (except caching or as necessary to view the website); (c) make any use of the Website or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Website or any and/or all Content; (e) collect account information for the benefit of Yourself or another party; or (f) use any meta tags or any other “hidden text” utilizing any and/or all Content. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website.
  • Any unauthorized use by You of the website or any and/or all of Our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms.

WARRANTIES AND DISCLAIMER

  • The Website provided to You is on a “as is” basis. We make no warranty of any kind, whether express, implied, statutory or otherwise. We do not guarantee, represent or warrant that Your use of Our service will be uninterrupted, timely, secure or error free. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Website in terms of their accuracy, reliability, or otherwise.  You acknowledge that this Website is provided only on the basis set out in the Terms. Your uninterrupted access or use of this Website on this basis may be prevented by certain factors outside Our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Website. 
  • While we source the best quality products for our customers, We make no express or implied warranty or provide any guarantee, representation with regard to the authenticity, originality, legitimacy, genuineness of the products displayed in the Website. We shall have the right, at any time, to change or discontinue any aspect or feature of the Website, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Website may discontinue disseminating any portion of information or category of information. We do not accept any responsibility and We will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Website.
  • You agree that, to the fullest extent permitted by applicable law, We will not be responsible or liable (whether in contract, tort (including negligence) or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with Your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; (g) third-party intellectual property infringement; or (h) events beyond our reasonable control.
  • Though a plethora of efforts are made and ample precautions have been taken to render the products to be absolutely safe for human use, it is possible that certain ingredients may cause allergic reactions to certain individuals or adversely affect individuals with pre-existing medical conditions. It is pertinent to make Yourself aware of the ingredients and usage instructions accompanying each of Our products to make sure that they are safe for You to use. It will be Your sole responsibility to take proper precaution/ professional medical/ dermatological advice before using any of Our personal care products that You may be allergic to. You agree that We will not be responsible or liable for any product related issues including without limitation any allergic reactions, side effects caused to You on account of usage of Our products. 
  • Further, to the fullest extent permitted by law, We will not be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the Website or Your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if We have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed Indian Rupees 50 thousand only. You agree that no claims or action arising out of, or related to, the use of the Website or these terms and conditions may be brought by You more than 7 days after the cause of action relating to such claim or action arose.

TERMINATION

  • These Terms are effective unless and until terminated by either You or Us.
  • You may terminate the Terms at any time, provided that You discontinue any further use of this Website. You may terminate the Terms at any time and may do so without notice, and accordingly deny You access to the Website, such termination will be without any liability to the Website.
  • Upon any termination of the Terms by either You or Us, You must promptly destroy all the materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms or otherwise. Any such termination of the Terms shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the Terms. 

INDEMNIFICATION

  • You agree to defend, indemnify and hold Us and Our employees, directors, officers, agents and Our successors and assigns, Our holding, subsidiaries, affiliates, partners or licensors and hold harmless for any loss, damages or costs, including reasonable attorneys’ fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. 
  • You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. 
  • This clause shall survive the expiry or termination of the Terms. 

GOVERNING LAW, JURISDICTION AND DISPUTES

  • These Terms and any contractual obligation between the parties will be governed by the laws of India. 
  • Any legal action or proceeding related to other party(s) access to, or use of, the Website or these Terms shall be subject to the exclusive jurisdiction of the courts at Chennai. 
  • All disputes will be subject to arbitration at Chennai in English by a sole arbitrator appointed by Us as per the Arbitration and Conciliation Act, 1996. 
  • For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Chennai.

ENTIRE AGREEMENT

  • If any part of the Terms is determined to be invalid or unenforceable pursuant to the applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the unenforceable provision will be deemed to be superseded by an enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue to be in effect. 
  • Unless otherwise specified herein, these Terms constitutes the entire agreement between You and Us with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.
  • Our failure to act with respect to a breach by You or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

GENERAL

  • You acknowledge and hereby agree to the Terms and that it constitutes the complete and exclusive agreement between You and Us concerning Your use of the Website, and supersede and govern all prior proposals, agreements, or other communications.
  • We reserve the right, in Our sole discretion, to change/ alter / modify these Terms at any time by posting the changes on the Website. Any changes are effective immediately upon posting to the Website. 
  • Your continued usage of the Website thereafter constitutes Your agreement to all such changed Terms. 
  • We may, with or without prior notice, terminate any of the rights granted by these Terms. 
  • You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
  • Nothing contained in these Terms shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between Us. 
  • Our failure to require Your performance of any provision hereof shall not affect Our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 
  • In the event that any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole but these Terms shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent as reflected in the original provision. 
  • The headings in the Terms are for convenience only and shall not be used in its interpretation.
  • If you have any questions regarding these Terms and Conditions, please email us at help@fyva.in.