This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.interiors.foyr.com(a subset and an integral part of parent website www.foyr.com herein after referred to as “Website” is owned by RBJ Technologies Pvt Ltd, a company incorporated under the Companies Act 2013, with its registered head office at Plot No – 12,13,14, Survey No. 40,Khajaguda – Lanco Hills Road, Hyderabad (herein after referred to as “Foyr”).
Membership and User Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Foyr website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Foyr reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Foyr’s notice or if it is discovered that you are under the age of 18 years or incompetent to contract.
Your Account and Registration Obligations
Platform for Transaction and Communication
The Website is a platform that Users utilize to meet and interact with one another for their transactions. Foyr is not and cannot be a party to or control in any manner any transaction between the Website’s Users.
- 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 modeof delivery, warranties related to products and services and after sales services related to products and services. Foyr does not have any control or does notdetermine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
- Foyr 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 Website. Foyr does not implicitly orexplicitly support or endorse the sale or purchase of any products or services onthe Website. Foyr accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Foyr is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. Foyr cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concludedon the Website. Foyr shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.
- Foyr does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that youchoose to deal with on the Website and use your best judgment in that behalf.
- Foyr does not at any point of time during any transaction between Buyer and Seller on the Website come into or take possession of any of the products orservices offered by Seller nor does it at any point gain title to or have any rightsor claims over the products or services offered by Seller to Buyer.
- At no time shall Foyr hold any right, title or interest over the products nor shall Foyr have any obligations or liabilities in respect of such contract enteredinto between Buyers and Sellers. Foyr is not responsible for unsatisfactory ordelayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
- The Website is only a platform that can be utilized by Users to reach a larger base to buy and sell products or services and hire professionals to design/ renovate. Foyr is only providing a platform forcommunication and it is agreed that the contract for sale of any of the productsor services shall be a strictly bipartite contract between the Seller and the Buyer. At no time shall Foyr hold any right, title or interest over the products nor shall Foyr have any obligations or liabilities in respect of such contract.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.
The following disclaimers by the Platform are the key to determine any relationship between you and the Platform for Your use of the Website and for Platform providing any Services on the Website:
Platform and its suppliers, affiliates and service providers provide the Website and services on “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
The Platform provides certain independent services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and making available payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled “Disclaimer of Warranties and Liability”.
Membership on the Website is free for buyers. Foyr does not charge any fee for browsing and buying on the Website. Foyr reserves the right to change its Fee Policy from time to time. In particular, Foyr may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Foyr reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Foyr.
Foyr.com (RBJ Technologies Pvt Ltd) does not provide any refunds or credits for use of its services. Foyr doesn’t allow cancellation of orders once the orders are confirmed. In case of software usage, a user may cancel their Subscription at any time, which will be effective from the next billing cycle.
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which You do not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(h) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
(q) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(y) 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.
(z) shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Foyr, Foyr.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Foyr or sellers on platform or otherwise tarnish or dilute any Foyr’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Foyr’s systems or networks, or any systems or networks connected to Foyr.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
- Foyr shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS(Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content“), is a third party user generated content and Foyr has no control over such third party user generated content as Foyr is merely an intermediary for the purposes of the terms of the Use.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Pricing on any product(s) as is reflected on the Website 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).
You release and indemnify Foyr and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Foyr cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Foyr is governed by an agreement executed with all the sellers/vendors registered on www.Foyr.com that enables the sellers to be legally able to sell the item(s) listed for sale on our Website. However, Foyr shall not be held responsible to ensure that all listed items must be kept in stock for successful fulfillment of sales.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between”Bank/s”, or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website.
Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.
- Transactions, and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render Foyr liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Foyr Website.
- You understand, accept and agree that the payment facility provided by Foyr is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Foyr Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Foyr is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction.
- Foyr reserves the right to impose limits on the number of Transactions or amount spent which Foyr may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- You understand and agree that the personal information including address provided by you shall be used for delivery of products purchased by you on www.Foyr.com. As such any delays in dispatch or delivery of the same shall not be the responsibility of Foyr.
- Foyr reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with Foyr or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- Foyr may do such checks as it deems fit before approving the receipt of Buyers commitment to pay [for Cash-On-Delivery (COD) transactions] for the product/services. As a result of such check if Foyr is not satisfied with the credibility of the Buyer or genuineness of the Transaction / price of product, it will have the right to reject the receipt of / Buyers commitment to pay price of product (cash on delivery).
- Foyr may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if Foyr deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction. In addition,Foyr may hold the Transaction and may not inform the Seller to dispatch or remit the price paid for the product. Further, Foyr may choose to inform the law enforcement officials in the event of the Buyer being engaged in any form of illegal activity.
- The Buyer and Seller acknowledge that Foyr will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction or any delay in processing a Transaction which is beyond the control of Foyr or in the nature of any of the above mentioned cases.
Payment Facility for Buyers:
- You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Price through Your Issuing Bank to the Seller using Payment Facility.
- You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility.
- You, as a Buyer, shall electronically notify Payment Facility using the appropriate Foyr Website features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by You of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that In case of Cash-On-Delivery (COD) transactions, Buyer is not required to confirm the receipt of products or services.
- You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services
- Except for Cash-On-Delivery (COD) transactions, refunds, if any, shall be made at the same Issuing Bank from where Transaction Price was received.
- For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Buyer (As per registration details provided by the Buyer)
- Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- For electronics payments, refund shall be made through payment facilities using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- Refund shall be subject to Buyer complying with Policies.
Buyer’s arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Foyr does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Delivery of the Product
Your shipping address, pin code will be verified with the database of Foyr before you proceed to pay for your purchase. If your order is not serviceable by delivery partners or the Vendor or the area is not covered, we will request you to provide us with an alternate shipping address which we expect to have on delivery partner’s/Vendor’s delivery list. If there is any dispute regarding the shipment of the product or services for the area not covered by Foyr, Foyr will not be responsible for the non-delivery of the product. Foyr doesn’t deliver items internationally. However, you can make purchases on the website from anywhere in the world but at the same time ensuring the shipping address is within India.
In case you book multiple orders for the Products and Services in one transaction, efforts will be made to ship all Products together. However, this may not always be possible. If you purchase multiple Products in a single transaction you may provide separate shipping addresses for each Product.
Return Policy for Products
Even as Foyr promises to refund your money “No questions asked”, the same shall only be applicable for a rejection at the time of delivery of such products. If you receive a damaged / defective Product or a Product that does not comply with the specifications as per your original order, please get in touch with the customer service at the call centre/ vendor details provided on the website.
Upon receiving your complaint, Foyr shall verify the authenticity and the nature of the complaint and if Foyr is convinced that the complaint is genuine, Foyr will inform the relevant Vendor of such complaint and request for a replacement. If the complaint is frivolous or baseless, Foyr reserves the right to take legal actions against you and you will be solely liable for all costs incurred by Foyr in this regard.
In order to return any Products, You are required to comply with the below mentioned conditions, viz:
Please notify Foyr of receipt of a damaged/ defective product/service at the time of delivery to you. If you are unable to do so, Foyr shall not be held liable for the failure to replace the order;
Foyr will arrange pick-up of the damaged/defective Product through its own logistics partner. If Foyr is unable to do so, Foyr will notify you regarding the same and you will be required to dispatch the product using a reputed courier in your respective area within one (1) day from receipt of such notice. Courier freight charges will be reimbursed in such form as is determined by the logistics team upon prior consultation with Foyr;
Products should be returned in their original packaging along with the original price tags, labels, barcodes, user manual, warranty card and invoices etc.;
It is advised that the return packets should be strongly and adequately packaged so that there is no further damage of products during transit;
The returned Products are subject to verification and checks by Foyr in order to determine the legitimacy of the complaint/ return. If the claim is not legitimate, you will be required to bear the shipping costs for the product.
If a Product returned is duly accepted by Foyr, the value of such Product, as originally paid by you will be refunded to you. Refund will be processed based on the mode of payment and Foyr or the approved payment gateway will credit your refunds directly into your debit/credit card or online accounts or provide you with a cheque in this regard. Refunds will be subject to the following:
Orders paid online will be refunded within 7-21 working days through the online account or via cheque, depending on the then current circumstances as determined by Foyr;
For Cash on Delivery payments, you will be provided with a refund cheque or Demand Draft.
If the Product can be repaired by the service centre, Foyr will get the same repaired and send it back to you.
Foyr shall also provide a “No questions asked” policy for returns for certain products covered under Foyr Safepay, in cases where the buyer changes their mind after placing the order on the website after payment or in case of non-delivery of the product or if the customer is dissatisfied with the product upon delivery even if the product is damage free. However, Foyr shall not be held liable for any claims, damages, losses in any form whatsoever either by the Buyer or the Seller in case of such return. This policy of “no questions asked” shall be solely at the cost of the Seller. The same has been agreed upon to such extent with the sellers listed on Foyr.
Disclaimer of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
FOYR WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. FOYR ENDEAVORS TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT FOYR DOES NOT PROVIDE ANY WARRANTIES RELATING TO THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. FOYR SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, FOYR SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. FOYR IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND. FOYR ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU BY ITSELF OR ON BEHALF OF THIRD PARTIES.
FOYR SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENTS AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO ANY THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
NOTWITHSTANDING ANYTHING TO CONTRARY, FOYR’S ENTIRE LIABILITY TO YOU SHALL BE THE REFUND OF THE MONEY CHARGED TO YOU FOR ANY PRODUCT OR SERVICE, IN RELATION TO WHICH UNLIKELY LIABILITY ARISES.
IN NO EVENT SHALL FOYR, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEABLE AND WHETHER OR NOT FOYR HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Protection provided to Buyer
- In case of a dispute where the Seller is unable to provide a refund or are placement, Foyr will actively work towards reaching a resolution.
- The Buyer Protection Program covers Buyers who are unable to successfully resolve their dispute with the Seller or are not satisfied the resolution provided by the Seller.
- The Buyer can write to Orders@Foyr.com with Order ID and Invoice number / date if the issue with the Seller is not resolved. Foyr’s Customer Support team will look into the case to check for possible fraud and if the Buyer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can be registered.
- In due course of resolution, Foyr’s Customer Support Team will facilitate a conference call including the Seller and the Buyer.
- When a dispute has been raised, Foyr may provide both the Parties access to each other’s Display Names, contact details including email addresses and other details pertaining to the dispute. Buyers and Sellers are subject to final consent from Foyr for settling the dispute.
Eligibility and Restrictions of Buyer
- Only the Buyers who have purchased the product on Foyr are eligible for the Buyer Protection Program.
- Buyers can file a dispute within 45 days from the date of delivery of the product
- Any damage or loss to the product after delivery will not be covered under this program and will completely be the Buyer’s responsibility. Buyers should refuse to accept delivery if the item is damaged.
- To be able to take advantage of the Buyer Protection Program, Buyers should first contact the Seller and attempt to resolve the issue. If the Buyer doesn’t hear from the Seller or is unable to resolve the issue with the Seller even after contact, a dispute can be raised with Foyr by writing an email to Orders@Foyr.com with Order ID and Invoice number.
- Fraudulent charges and claims are not covered under Buyer Protection Program
- If the Buyer has already initiated chargeback through the credit card issuing bank, it will not be covered under Buyer Protection Program, though in such cases a Seller can file a claim through the Seller Protection Program.
- Blacklisted and Blocked Buyers are not covered by the Buyer Protection
- Buyers who have reached their maximum lifetime limit for claims are also not Buyers can make a maximum of 5 claims per year on Foyr. If the claim was withdrawn, it is not counted. The coverage amount will be limited to Rs. 50,000 (Rupees Fifty thousand).
- Through the Buyer Protection program, Foyr does not provide any guarantee/ warranty to Buyers for products sold on Foyr against technical/ manufacturing defects.
- Raising disputes against Sellers does not automatically entitle the Buyer to a refund or replacement for the product purchased. Foyr shall verify the disputes so raised and may process only such claims that are valid and genuine.
- Foyr shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Buyer/Seller.
- Foyr reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Foyr may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
- Decisions made by Foyr under the Buyer Protection Program shall be final and binding on its Users.
- Foyr reserves the right to modify / discontinue Buyer Protection Program without any prior notice period to its Users.
- Through this program, Foyr shall not entertain claims of Buyers who have incurred loss due to delayed shipment or delivery of the item by the Seller.
- Foyr Customer Support Team may seek additional information / clarification from Buyer to facilitate resolution of the dispute. In the event Buyer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Seller.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
- Item not received CB: – Buyer hasn’t received the item. Refund will be created in accordance with the dispute policies.
- Unauthorized CB: – Buyer hasn’t made this particular transaction. Refund will be created in accordance with the dispute policies.
Email Abuse & Threat Policy
- Private communication, including email correspondence, is not regulated by Foyr encourages its Users to be professional, courteous and respectful when communicating by email.
- However, Foyr will investigate and can take action on certain types of unwanted emails that violate Foyr policies.
- Such instances:
- Threats of Bodily Harm – Foyr does not permit Users to send explicit threats of bodily harm.
- Misuse of Foyr System – Foyr allows Users to facilitate transactions through the Foyr system, but will investigate any misuse of this service.
- Spoof (Fake) email – Foyr will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to us through ‘Contact Us’ tab.
- Spam (Unsolicited Commercial email) – Foyr’s spam policy applies only to unsolicited commercial messages sent by Foyr Users. Foyr Users are not allowed to send spam messages to other Users.
- Offers to Buy or Sell Outside of Foyr – Foyr prohibits email offers to buy or sell listed products outside of the Foyr Website. Offers of this nature are a potential fraud risk for both Buyers and Sellers.
- Foyr policy prohibits user-to-user threats of physical harm via any method including, phone, email and on our public message boards.
- Violations of this policy may result in a range of actions, including:
- Limits on account privileges
- Account suspension
- Cancellation of listings
- Loss of special status
Other Businesses/ Third Party Links:
Foyr does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third party websites using Website’s APIs or otherwise. In addition, the Website may provide links to the third party websites of our affiliated companies and certain other businesses for which, Foyr assumes no responsibility for examining or evaluating the products and services offered by them. Foyr do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Foyr does not endorse, in any way, any third party website(s) or content thereof.
Foyr may, in its sole discretion and without prior notice, terminate your access to the Website if Foyr determines that you have violated the Terms or or any other duty owed to Foyr. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Foyr, for which monetary damages is likely to be inadequate, and You consent to Foyr obtaining any injunctive or equitable relief that Foyr deems necessary or appropriate. These remedies are in addition to any other remedies Foyr may have at law or in equity.
You agree to indemnify, defend and hold harmless Foyr, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Foyr that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. Further, You agree to hold Foyr harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of the rights of any another person. Foyr will also be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Foyr
The Terms will continue to apply until terminated by either you or Foyr as set forth below. If you want to terminate your agreement with Foyr, You may do so by (i) not accessing the Website; or (ii) closing your accounts (if any).
Foyr may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
Foyr is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);
The provision of the Services to You by Foyr is, in Foyr’s opinion, no longer commercially viable;
Foyr has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to you; or
For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or Services. Foyr may also delete any content or other materials relating to your use of the Website.
Foyr shall not be liable to you or any third party for any such termination.
Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension
The Terms and all transactions entered and the relationship between you and Foyr and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Hyderabad, India and You hereby accede to and accept the jurisdiction of such courts.
In the event You come across any abuse or violation of the Terms of or if You become aware of any objectionable content on the Website, please report to firstname.lastname@example.org.
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