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Terms & Conditions

Our Policy

This document serves as an electronic record under the provisions of the Information Technology Act, 2000 and rules thereunder, as amended, and constitutes a binding User Agreement for accessing and using www.gianest.com ("Platform"). By using the Platform, you agree to be governed by these terms and conditions ("Agreement"). Any use of the Platform signifies your acceptance of this Agreement.

1. Definitions

  • User: Refers to any individual or entity accessing the Platform, whether as a "Registered User" or "Visitor."
  • Registered User: A user who provides personal information to register and access additional features on the Platform.
  • Visitor: A user who accesses the Platform without registration.
  • Platform: Refers to www.gianest.com, including any mobile applications or related domains.
  • You/Your: Refers to any user or registered member, including legal representatives or entities acting on their behalf.

2. Acceptance of Terms

  • By clicking "I Agree," registering, or using the Platform, you consent to be bound by this Agreement.
  • If you do not agree, you must cease all use of the Platform immediately.
  • The Platform reserves the right to modify this Agreement at any time. Continued use after such modifications will constitute acknowledgment and acceptance of the updated terms.

3. Eligibility Criteria

  • Users must be at least 18 years old. Minors may use the Platform only through a legal guardian who is a registered user.
  • You affirm that you have the legal authority to enter into this Agreement and comply with its terms.

4. Amendments to Agreement

The Platform reserves the right to:

  • Amend the terms by posting revised versions online.
  • Notify users of significant changes through email or website alerts.
  • Users must regularly review the terms to remain informed of changes.

5. Disclaimers of Liability

  • Services on the Platform are provided on an "as is" basis, with no warranties regarding accuracy, performance, or reliability.
  • Users bear responsibility for verifying all information and assessing risks before engaging in transactions or relying on any content displayed on the Platform.

6. Third-Party Interactions

  • The Platform functions solely as an intermediary facilitating interactions between buyers and sellers.
  • The Platform does not endorse or guarantee products or services listed by third parties.
  • Users are responsible for due diligence before entering into transactions.

7. Data Processing and Privacy

  • User data is processed in accordance with the Platform's Privacy Policy, which forms an integral part of this Agreement.
  • Third-party data processing services may be employed, including jurisdictions with varying levels of data protection.
  • Users acknowledge that the Platform is not liable for unauthorized data access or misuse by third parties.

8. Intellectual Property Rights

  • The Platform owns or has licensed rights to all content, trademarks, and materials displayed.
  • Users must not reproduce, distribute, or exploit any content without prior written permission.
  • Alleged infringement claims will be acted upon swiftly, following applicable laws and internal protocols.

9. Prohibited Activities

Users agree not to:

  1. Upload or share unlawful, abusive, or harmful content.
  2. Violate intellectual property rights of third parties.
  3. Engage in fraudulent activities, such as listing counterfeit products.
  4. Circumvent or manipulate the Platform’s payment processes.

10. Account Responsibilities

  • Users must maintain the confidentiality of their User ID and Password.
  • The Platform is not liable for unauthorized access due to negligence.
  • Inaccurate or incomplete account information may lead to account suspension or termination.

11. Fees and Taxes

  • Registration and browsing are free; however, transaction-related fees may apply.
  • Users are responsible for any applicable taxes and duties arising from transactions.
  • The Platform reserves the right to change fee structures with prior notice.

12. Compliance with Laws

  • Users must adhere to all applicable Indian laws, including but not limited to the Information Technology Act, 2000, and regulations governing e-commerce.
  • Transactions involving restricted or regulated items, such as antiques, must comply with applicable statutory requirements.

13. Role of the Platform

  • The Platform serves as a facilitator and is not a direct party to transactions.
  • Users negotiate commercial terms independently, and the Platform is not liable for any contractual breaches or disputes.
  • Support services, if offered, do not imply mediation or legal responsibility.

14. Liability Limitations

  • The Platform disclaims liability for loss or damages arising from:
    • Errors or inaccuracies on the website.
    • Non-performance or disputes between users.
    • Unauthorized use of accounts due to user negligence.
  • Remedies, if any, will be limited to refunding transaction fees paid to the Platform.

15. Breach and Termination

  • The Platform reserves the right to:
    • Suspend or terminate accounts for policy violations.
    • Initiate legal action against users causing harm or liability.
    • Report unlawful activities to authorities.

16. Dispute Resolution

  • Disputes will be resolved via arbitration under the Arbitration and Conciliation Act, 1996, with the seat of arbitration in [City, India].
  • Decisions of the arbitrator will be final and binding on all parties.

17. Governing Law

This Agreement is governed by and construed in accordance with the laws of India. Any disputes will be subject to the exclusive jurisdiction of courts in [City, India].

18. Miscellaneous

  • Severability: If any provision of this Agreement is deemed invalid, the remaining terms will continue in effect.
  • Waiver: Failure to enforce any term does not constitute a waiver of rights.
  • Force Majeure: The Platform is not liable for delays or failures caused by events beyond its control.

By accessing or using the Platform, you agree to be bound by this Agreement. For any questions or concerns, please contact our support team at [**uniqor@outlook.com**].