WELCOME TO AURN !
- TERMS AND CONDITIONS FOR USE OF THE PLATFORM
1.1. Any person who access and/or use the Platform in any manner (referred as ”you”, “your”), shall be subject to these terms and conditions for use and be bound by the policies formulated by Aurn.
1.2. These terms and conditions for use, the policies as list above, and such other policies or terms as may be prescribed by Aurn (“Terms”), together constitute a legally binding agreement between the You and Aurn, in connection with the access to or use of the Platform. You are requested to read these Terms carefully before accessing or using the Platform.
1.3. Aurn may update/modify/amend these Terms (including any portion of it) at any time, with or without advance notice.
1.4. Using the Services or accessing the portal MYIHIGH.COM constitute your consent to the Terms. By using the Platform, you signify your acceptance of these Terms and agrees to be legally bound by them. If at any time, you do not agree or wish to be bound by these Terms, you may not access use the Platform. These Terms supersede all previous terms and conditions communicated to you by Aurn, for the use of the Platform and all rights and liabilities of Aurn with respect to any Services to be provided will be limited to the scope of these Terms.
1.5. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.6. In addition to these Terms, you may be required to comply with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Aurn shall not be held liable for any transaction between the User and any such third parties.
In order to avail the Services you will be required to register on the MYIHIGH.COM. Registration is a one-time process and is free of cost. You may register by creating an Aurn account: by providing the relevant information for the creation of your account on the Platform. Following this, an account with an exclusive user name and password (basis your inputs) will be created by Aurn for you.
- CONTENT ON PLATFORM
3.1 All information, content and material contained on the Platform are and continue to be Aurn’s or relevant third party intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to Aurn or relevant third party. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted in these Terms.
3.2 The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on the Platforms or any of the other Services are the property of Aurn or its affiliates or relevant third party (“Content”), and are protected under copyright, trademark and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
3.3 Aurn authorises you to view and access Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Refund Policy. Aurn, therefore, grants to you a limited, revocable license to access and use the Services. This license does not include a permission for carrying out any resale of the Products or commercial use of the Content, any collection and use of product listings, description, or prices, and, any derivative use of the Platforms or of Content.
3.4 You hereby grant to Aurn a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by them to Aurn through the Platform.
- MANNER OF USE OF PLATFORM
4.1 Display of Products for purchase on the Platforms is merely an invitation to offer. An order placed by you for purchase of a Product constitutes an offer. All orders placed by you on the Platforms are subject to the availability of such Product, Aurn’s acceptance of you offer and your continued adherence to these Terms. You acknowledge and undertake that you are accessing the Services provided on the Platform and are transacting at your own risk and are using your best judgment before entering into any transactions through the Platform. You may place the orders on the Platform for the products and at the price indicated therein.
4.2 You agree and acknowledge that you will have to make the requisite payment for the Services availed by them on the Platform. Aurn accepts online payments using either credit card, debit card, net banking, digital wallets or other payment options as made available by the Platform from time to time. The payments made by you through the Platform for the purchase of the Products, is subject to the Fees and Payment Policy.
4.3 Upon payment of the consideration for the Products or undertaking to pay for the Product (in case of cash on delivery), the Product shall be delivered to you, in accordance with the Delivery Policy.
4.4 If you may cancel any order made on the Platform, return the Products purchased on the Platform as per Cancellation, Returns and Refund Policy.
- DISCLAIMER OF WARRANTIES
5.1 Aurn will try to make access to and use of the Platform error-free. However, your access to the Platform may be suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that Aurn does not take responsibility for any access or use problems that arise from internet related issues at your end. Aurn reserves at all times, the right, at its sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at its discretion.
5.2 As a means to assist you in identifying the Products of your choice, Aurn provides visual representations on the Platforms including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, Aurn disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product ultimately delivered to you. The appearance of the Product when delivered may vary for various reasons.
- COMMUNICATION AND UNSUBSCRIPTION
You hereby understands that with your registration onto the Platform, you may receive notifications from Aurn in the form of SMS messages on their registered mobile number or e-mails. These notifications could relate to their registration, transactions that they carry out through the Platform and/or promotions. Further, Aurn may also send notifications and reminders to them with respect to their activity on the Platform, in relation to the Services. Please note that while Aurn endeavors to provide these notifications and reminders to you, Aurn does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. The User can unsubscribe / opt-out from receiving communications, newsletters and other notifications from Aur at any time by following the procedure set forth on the Platform.
- TERM AND TERMINATION
7.1 These Terms shall be effective from the date of their publication on the Platform.
7.2 Aurn reserves the right to suspend or terminate its Services in the event of breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you or if Aurn is unable to verify or authenticate any information submitted by you.
7.3 You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services. By terminating the usage or the Agreement you will be obligated to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
- FORCE MAJEURE
10.1 Aurn will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Aurm’s reasonable control.
9.1 If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
- USER WARRANTIES AND RESTRICTIONS
10.1 You may use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is unlawful or harmful to the Platform or its content. You are provided with a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms.
10.2 You will not:
10.2.1 Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that the you do not own or have express permission to modify;
10.2.2 Decompile, reverse engineer, or disassemble the content;
10.2.3 Use the Services in any way that is unlawful, or harms Aurn or any other person or entity, as determined in Aurn’s sole discretion;
10.2.4 Using any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs, Easter eggs, cancel bots, intelligent agents, etc.) to navigate or search the Platforms;
10.2.5 Make false or malicious statements against the Services, the Platform or Aurn;
10.2.6 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 impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the Services;
10.2.7 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; or
10.2.8 Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.
10.3 Do not host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that:
2.3.1 belongs to another person and to which they do not have any right;
10.3.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
10.3.3 harms minors in any way;
10.3.4 infringes any patent, trademark, copyright or other proprietary rights;
10.3.5 violates any law for the time being in force;
10.3.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
10.3.7 impersonates or defames another person; or
10.3.8 contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10.4 You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is the you responsibility to keep your Account Information current and accurate. You agree to: (a) immediately notify Aurn of any unauthorized use of the account or any other security breach; and (b) ensure that they exit from their account at the end of each session. Aurn will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to Aurn or any other user due to unauthorized use of your account, resulting from the failure to keep your Account Information secure and confidential.
10.5 You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, while accessing or using the Platform.
10.6 You represent and warrant to Aurn that: (a) you are 18 (eighteen) years of age or older; (b) your use of the Platform and/or Services will not violate any applicable law or regulation; and (c) all information that is submitted to Aurn in connection with the Platform and/or Services is true and accurate.
- GOVERNING LAW AND DISPUTE RESOLUTION
11.1 These Terms, all transactions consummated between you and Aurn and the relationship between you and Aurn is governed by the laws of India.
NOTE: Portal MYIHIGH.COM is managed, operated and owned by Aurn.