Conditions of Use
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.
This User Agreement, the Privacy Notice, and all policies posted on our sites set out the terms on which mybstore offers you access to and use of our sites, services, applications and tools (collectively "Services"). You can find an overview of our policies here. All policies, are incorporated into this User Agreement. You agree to comply with all the above when accessing or using our Services.
Your use of a mybstore website (hereinafter referred to as "the Website") and its related sites, services and tools is governed by the following terms and conditions as applicable to the Website and the general principles for other mybstore websites of our subsidiaries and international affiliates. If you transact on any mybstore website other than the Website, you shall be subject to the policies that are applicable to the mybstore sites for such transaction. This User Agreement for the Website shall come into effect on 0000 hours India Standard Time 26th January, 2016 ("User Agreement").
For the purpose of the User Agreement, Registered User/Guest User and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User/Guest User using the computer systems of the Website and accepted this electronic version/electronic record of the User Agreement and has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing cell number and email id.
As a new Registered User/ Guest User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and on the ‘continue button’ as provided on the registration page or clicking on ‘Pay Now’ button while transacting as Guest User or such other actions that implies your acceptance. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and mybstore Rules and Policies , please do not click on the "check box " and on the ”continue” button or “Pay Now” button and do not seek to obtain access to or otherwise use the Website.
Amendments: mybstore may amend this User Agreement and/or mybstore Rules and Policies at any time by posting a revised version on the Website. All updates and amendments shall be notified to You via mybstore Website’s Announcement Board (hereinafter referred to as an “MyB Post”). The revised version will be effective at the time mybstore posts it on the Website/MyB Post. In addition, if the revised version of this User Agreement includes a Substantial Change, mybstore will provide you with 30 days' prior notice of such Substantial Change/s by an MyB Post or as per the Notification Preferences provided by You to mybstore. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement and in mybstore Rules and Policies. For the purpose of this User Agreement, the term "Substantial Change" means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by mybstore Rules and Policies as provided from time to time in the respective policies.
Mybstore is an online store that allows users to buy just about anything in a variety of pricing formats and locations. Please read these conditions carefully before using the mybstore.com website. By using the mybstore.com website, you signify your agreement to be bound by these conditions.
In addition, when you use any current or future mybstore.com service (eg. Wish List, Returns), you will also be subject to the terms, guidelines and conditions applicable to that Service. ("Terms"). If these Conditions of Use are inconsistent with such Terms, the Terms will control.
These "Conditions of Use" constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Conditions Relating to Your Use of mybstore.com
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website. Mybstore.com reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.
Please review our Privacy Notice, which also governs your visit to Mybstore.com, to understand our practices. The personal information / data provided to us by you during the course of usage of Mybstore.com will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
E-Platform for Communication
You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Mybstore is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on Mybstore.com
Access to Mybstore.com
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
Licence for website access
My Bee (Mybstore.com) grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mybstore.com and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of My Bee (Mybstore.com) and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mybstore.com and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Mybstore.com or its affiliates' names or trademarks without the express written consent of My Bee (Mybstore.com) and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by My Bee (Mybstore.com) and / or its affiliates, as applicable.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Mybstore.com as long as the link does not portray Mybstore.com, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mybstore.com logo or other proprietary graphic or trademark as part of the link without express written consent of My Bee (Mybstore.com) and / or its affiliates, as may be applicable.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not Mybstore.com, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offense or other unlawful activity
- to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam
- to cause annoyance, inconvenience or needless anxiety
Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Mybstore.com reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Mybstore.com violates these Conditions of use and, or terminate your permission to access or use this website.
If you do post content or submit material, and unless we indicate otherwise, you
- (a) grant AMy Bee (Mybstore.com) and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
- (b) My Bee (Mybstore.com) and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product from us, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail").
Your contract is with us (the Sellers) and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
Pricing and availability
We list availability information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable.
All prices are inclusive of Taxes/VAT unless stated otherwise.
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/VAT, cesses etc. levied thereon.
Please review our Returns Policy, which applies to products sold by us
Claims against Objectionable Content
Because Mybstore.com lists lots of products for sale on the website and hosts many thousands of comments, blogs and forum content, it is not possible for us to be aware of the contents of each product or content listed, or each comment or review that is displayed. Accordingly, Mybstore.comn operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by using Contact Us. Once this procedure has been followed, Mybstore.com will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.
Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of My Bee (Mybstore.com) and or its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of My Bee (Mybstore.com) and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of My Bee (Mybstore.com), its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilise parts of the contents of the website without My Bee (Mybstore.com) and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without My Bee (Mybstore.com) and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without My Bee (Mybstore.com) and / or its affiliate's (as may be applicable) express written consent.
MYBSTORE.COM, MYBEE, My Bee Logo and other marks indicated on our website are trademarks of Mybstore.com or its subsidiaries (collectively "My Bee" or Mybstore.com). Mybstore.com's trademarks and trade dress may not be used in connection with any product or service that is not Mybstore.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mybstore.com. All other trademarks not owned by Mybstore.com that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mybstore.com.
You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Mybstore.com nor shall Mybstore.com have any obligations or liabilities in respect of any transactions on the website.
Indemnity and Release
You shall indemnify and hold harmless My Bee (Mybstore.com), its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release Mybstore.com and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Use of Mybstore.com is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Mybstore.com only with the involvement of a parent or guardian.
Parties other than Mybstore.com and its affiliates may operate stores, provide services, or sell product lines on Mybstore.com. For example, businesses and individuals offer products as Vendors. In addition, we provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Mybstore.com does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
When you visit Mybstore.com or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order.
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website.
Alteration of Service or Amendements to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Ernakulam (Cochin).