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Terms & Conditions

Welcome to Whatssmy. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Whatssmy marketplace platform https://www.whatssmy.com (hereinafter referred to as "Platform")

The Platform is owned by Shivarya E Commerce Private Limited, having its registered office at H. NO 34, SALEMPUR, KANPUR, Kanpur Nagar, Uttar Pradesh, 209402, India.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on Platform by providing data while registering on the Platform as Registered User. The term "Whatssmy","We","Us","Our" shall mean Shivarya E Commerce Private Limited.

When You use any of the services provided by Us through the Platform, including but not limited to, , You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Whatssmy Policies including but not limited to Privacy Policy as amended from time to time.

1. Platform for Transaction and Communication:

i) Whatssmy does not make any representation or Warranty as to specifics (such as quality, value, salability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform.
ii) At no time shall Whatssmy hold any right, title or interest over the products nor shall Whatssmy have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.
iii) The Whatssmy is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services. Whatssmy is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Whatssmy hold any right, title or interest over the products nor shall Whatssmy have any obligations or liabilities in respect of such contract. Whatssmy is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
iv) Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).
v) All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Whatssmy does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.

2. Services Offered:

i) Whatssmy provides a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as Handloom, clothing, footwear and accessories from various fashion and lifestyle brands (collectively, "Products"). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. It is clarified that at the time of creating a return request, users are required to confirm (via a check box click) that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and Whatssmy assumes no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and Whatssmy assumes no liability with respect to the return or refund for the said reshipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
Whatssmy does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

3. User Account, Password, and Security:

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to
i) immediately notify Whatssmy of any unauthorized use / breach of your password or account
and
ii) ensure that you exit from your account at the end of each session.

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