TERMS & CONDITIONS

This website is owned and managed by YA G EXPORT IMPORT, 4/455 Kacheri Ghat Agra 282004, Agra-282004 Uttar Pradesh, India. By accessing and using the yagiyiwala.in, you are agreeing to be legally bound by these Terms & Conditions. The terms “you” and “User” refer to anyone who accesses the Website. The term "website” refers to yagiyiwala.in

 

As you browse through the website, you may access other websites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms & Conditions and the other terms and conditions, the other terms and conditions will govern with respect to use of such pages.

 

YA G EXPORT IMPORT may change these Terms & Conditions at any time without notice. Changes will be posted on the website under “Terms & Conditions”.

 

Your use of the Website after any change has been posted will constitute your agreement to the modified Terms & Conditions and all of the changes. Therefore, you should read these Terms & Conditions from time to time for changes.

 

By agreeing to the terms and conditions of the Website then you are agreeing to that fact that Website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time for any location, herein you further agree that the website YA G EXPORT IMPORT is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website.

 

1)                USE OF THE WEBSITE

 

YA G EXPORT IMPORT hereby grants you a non-exclusive, non-transferable, limited license to access and use the Website for the fees, if applicable, and under the terms set forth below.

 

The Website and the content, including, but not limited to text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the Website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms & Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of YA G EXPORT IMPORT.

 

The Content is the exclusive property of YA G EXPORT IMPORT or its licensors, and is protected by the Copyright and other Intellectual Property Laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by the applicable trademark and copyright laws. Any of the trademarks, service marks or logos ( collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of YA G EXPORT IMPORT or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of YA G EXPORT IMPORT or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other YA G EXPORT IMPORT material, please contact  us through the contact us page.

You shall not use the Website for any unlawful purpose. You shall honour all reasonable requests by the Website to protect YA G EXPORT IMPORT proprietary interests in the website.

The website contains photos and information of adult toys. Our sole purpose is not to advertise that’s why you have to enter your email address and after that only we will give you access to the website. If you are below the age of 18 years then this website is not for you.

 

2)                REGISTRATION

 

  As part of the registration process, you must select a username and password and provide the website with accurate, complete and updated information. Failure to do so constitute a breach of this Agreement, which may result in immediate termination of your access.

 

3)                LIMITATION OF LIABILITY

 

You are entirely liable for activities conducted by you in connection with your browsing and use of the website. If you are dissatisfied with the Content or the Website or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Website. The Website will not pay you any damages in connection with your browsing or use of the Website,

 

Due to the number of sources from which the Content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Website. THE CONTENT AND THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES, NEITHER THE WEBSITE NOR THE COMPANY (YA G EXPORT IMPORT) MAKES ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEBSITE. THE WEBSITE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AND OF NON-INFRINGEMENT. NEITHER THE WEBSITE NOR THE COMPANY (YA G EXPORT IMPORT) SHALL BE LIABLE  TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL THE WEBSITE, THE COMPANY (YA G EXPORT IMPORT) NOR ANY OF THEIR THIRD PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST TIME, LOST MONEY, LOST PROFITS OR GOODWILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEBSITE. NEITHER THE WEBSITE NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS

 

OR INJURY RESULTING FROM USE OF THE WEBSITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE AND ANY CONTENT AT THE WEBSITE OR OTHERWISE. IN NO EVENT WILL THE WEBSITE, ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE WEBSITE.

 

ALL COMMERCIAL/ CONTRACTUAL TERMS ARE OFFERED BY AND AGREED TO BETWEEN BUYERS AND SELLERS ALONE. THE WEBSITE OR THE COMPANY (YA G EXPORT IMPORT) 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.

 

YA G EXPORT IMPORT 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. YA G EXPORT IMPORT does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. YA G EXPORT IMPORT accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

The website assumes no responsibility for the use of the third party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

 

YA G EXPORT IMPORT does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users. YA G EXPORT IMPORT advises to independently verify the bonafides of any particular.

 

Website or the Company shall not be liable in any special, incidental, direct or consequential damages in connection to terms of use, even if the concerned user has informed in advance about the possibility of damages.

 

4)                LINKS TO OTHER WEBSITES

 

You may, through hypertext or other computer links, gain access to websites operated by persons other than the website. Such hyperlinks are provided for your reference and convenience only and are the exclusive responsibility of such websites’ owners. You agree that the website is not responsible for the content or operation of such websites, and that the websites shall have no liability to you or any other person or entity for use of third party websites. Except as described below, a hyperlink from this Website to another website does not imply or mean that the website endorses the content on that website or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites to which you link from the Website.

 

5)                THE USER’S CONTENT

 

     The User grants to the Company YA G EXPORT IMPORT, the non-exclusive right to use all materials entered into the Website by the User (other than third-party material transmitted through private electronic mail)

Users entering materials into the Websites are responsible for the Other Content. Neither the website nor the YA G EXPORT IMPORT has any responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Website. However, the website retains the right. Which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that the Website deems to be illegal, offensive, or otherwise inappropriate.

 

You may not input or distribute any material through the Website that is promotional in nature, including solicitations for funds or business, without the prior written authorization of the Website.

 

The User agrees to indemnify the website and the YA G EXPORT IMPORT from all damages, liabilities, costs, charges and expenses, including reasonable attorneys’ fees, that the website, the YA G EXPORT IMPORT their affiliates, employees, and authorized representatives may incur as a result of either :-

 

(i)                 The User’s breach of this Agreement; or

(ii)               Material entered into the Website with the use of the User’s screen name or password.

6)                PAYMENTS

 

All information, reports, content and access rights purchased on the website are governed by the refund policy. .

 

While availing any of the payment method/s available on the Website, the Website  shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly because of:

1.Lack of authorization for any transaction/s, or

2.Exceeding the preset limit mutually agreed by You and between “Bank/s”,or

3.Any payment issues arising out of the transaction, or

4.Decline of transaction for any other reason/s

5. We use third party payment gateway.

7)                SHIPPING POLICY

The Shipping of the products shall be done by the Website and that would be according to buyer contract. In case of delay in shipping, the Website shall not be held liable. The Shipping can be done through availing the services of air mode, railway mode or through any other modes. The shipping will be done considering the time, it will take to reach the buyer. If, due to unforeseen circumstances, any delay happens in the shipping of the products, the Website shall not be liable for it.  The Website will try to deliver or ship the products on time, but in any case, there is a delay, the Website shall only take the responsibility, when there is a harsh negligence on the part of the website, otherwise it shall not be the responsibility of the Website.

 

8)                BUYER PROTECTION PROGRAM

 Situations where Buyer Protection Program Works:

1.      In case of a dispute where the Seller is unable to provide a refund or a replacement, the Website or will actively work towards reaching a resolution.

2.      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.

 

3.      In due course of resolution, the Website’s Customer Support Team will facilitate a conference call including the Seller and the Buyer.

4.      When a dispute has been raised, Website 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 Website for settling the dispute.

If you are a buyer then you are subject to following restrictions:

1.      There is a limitation period of 3 days in which you have to file the complaint.

2.      The first step which a buyer should take is to write an email and send us details with photos and videos as a proof.

3.      Buyers are not entitled to immediate refund of money or replacement of the product. The Website will be first verifying the dispute and will be processing the claims that are valid and genuine.

4.      Claims related to ‘Buyer remorse’ (i.e. instances where products are bought by the Buyer by mistake or where the Buyer chooses to change his/her mind with regard to the product purchased by him) will not be entertained through this program.

5.      (Disclaimer) Don’t initiate invalid or false claim or don’t provide incomplete or misleading information because the Website reserves right to initiate civil and/or criminal proceedings against you in these cases.

6.      If there is a delay in shipment or delivery of the item by seller then you cannot file a complaint or entertain any claim from the Website through this mechanism.

Circumstances in which the item delivered is considered to be “materially different”:

(1)Wrong version or edition,

(2)               Item condition or details not as describe,

 (3)Missing parts or components,

(4)Defective item,

 (5)Damaged item

Please note that disappointment with the satisfaction of the item will not be a ground under ‘materially different’.

●         Requirements to Submit a Complaint:

(1)                 The claim must be timely filed,

(2) If you have received a materially different item, you must write to us within 24 hours of delivery.

(3) If your item becomes defective more than…….( no. Of days) days past the shipment date and it is under warranty, you must contact the manufacturer for repair or replacement,

 (4) If you paid by credit card and the issuing bank has initiated a chargeback, then you are not eligible for coverage.

 

Contents Posted on Platform

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and the website has no control over such third party user generated content as website is merely an intermediary for the purposes of this Terms and Conditions.

Except as expressly provided in these Terms and Conditions, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way, this includes "mirroring” as well to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the website.

You may use information on the products and services purposely made available on the Platform 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.

You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform (collectively, "Content"). Such Content will become the property of ours and  you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide. You agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE SUITABLE FOR SOME VIEWERS AND THEREFORE VIEWER DISCRETION IS ADVISED. ALSO, SOME CONTENT OFFERED ON THE PLATFORM MAY NOT BE APPROPRIATE FOR VIEWERSHIP BY CHILDREN. PARENTS AND/OR LEGAL GUARDIANS ARE ADVISED TO EXERCISE DISCRETION BEFORE ALLOWING THEIR CHILDREN AND/OR WARDS TO ACCESS CONTENT ON THE PLATFORM.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected  which is defined under the Information Technology Act, 2000, if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. Our current Privacy Policy is available at Privacy. If, you object to your Information being transferred or used in this way please do not use Platform. We may share personal information with our other corporate entities and affiliates. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

We and our affiliates will share / sell some or all of your personal information with another business entity should we (or our assets) plan to merge with, or be acquired by that business entity, or re-organization, amalgamation, restructuring of business. Should such a transaction occur that other business entity (or the new combined entity) will be required to follow this privacy policy with respect to your personal information.

 

 

9)                ADDITIONAL LEGAL TERMS

This Agreement will continue until terminated by either the Website or you. Either party can terminated the Agreement by notifying the other party by telephone or electronic mail of the decision to terminate.

YA G EXPORT IMPORT may discontinue or change the Website or its availability to you, at anytime.

This Agreement constitutes the entire agreement between the parties relating to Website and supersedes any and other agreements, oral or in writing, with respect to the Website. The failure of the Website to insist upon the strict compliance with any term of this Agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Agreement is personal to you, and you may not assign your rights or obligations to anyone. If any provision in this Agreement is invalid or unenforceable under the applicable law, the remaining provisions will continue in full force and effect. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of India.

10)           ANTI-HACKING PROVISION

You expressly agree not to use this Website in any manner or for any purpose that is prohibited by these terms & conditions. In addition, you expressly agree not to :

(1)               Use or attempt to use any “deep-link” , “scraper” , “robot” , “bot” , “spider” . “data mining” , “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar process or functionality, to access, acquire, copy, or monitor any portion of the Website or any data or content found on or accessed through the Website without prior express written consent;

(2)               Use the website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

 

(3)               Obtain or attempt to obtain through any means any materials or information on the Website that have not been intentionally made publicly available either by their public display on the Website or through their accessibility by a visible link on the Website;

 

(4)               In any way by-pass or circumvent any other measure employed to limit or prevent access to the Website or its content;

 

(5)               Violate the security of the website or attempt to gain the unauthorized access to the Website, data, materials, information, computer systems or networks connected to any server associated with this Website, through hacking, password mining or any other means;

 

(6)               Interfere or attempt to interfere with the proper working of the Website or any activities conducted on or through the Website, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Website;

 

(7)               Take or attempt any action that, in the sole discretion of this Website’s operators, imposes or my impose an unreasonable or disproportionately large load or burden on the Website or such operation’s infrastructure. 

By agreeing to the abovementioned Terms & Conditions, you’re also agreeing to our Privacy Policy, Discreet Delivery Policy and Disclaimer.