Graphy App - Terms and Conditions

Welcome to Graphy App’s terms and conditions. These terms and conditions, service terms and Privacy Policy (together “Terms and Conditions”), are between the Company and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing Graphy App, you agree to be bound by the provisions of these Terms and Conditions.

Please read these Terms and Conditions and all other rules and policies made available or published on Graphy App as they shall govern your use of the Graphy App. By using or visiting the Graphy App and service provided to you on, from, or through the Graphy App, you signify your agreement to these “Terms and Conditions and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the Graphy App.

About Graphy

The Graphy App is owned, registered and operated by Sorting Hat Technologies Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore- 560 071, India, (hereinafter referred to as “Graphy App” or “us” or “we” or “our” or “Company”).

Terms of use

Your Account: If you use the Graphy App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device 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 agree and acknowledge that you will use your account to purchase the Graphy only for your personal use and not for business purposes. Company reserves the right to refuse access to the Graphy App, terminate accounts, remove or edit content at any time without notice to you.

E-App for Communication: You agree, understand and acknowledge that the Graphy App that enables you to purchase products listed on the app at the price indicated therein at any time from any location. You further agree and acknowledge that the Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Graphy App. Accordingly, the contract of sale of products on the Graphy App shall be a strictly bipartite contract between you and the Graphers on the Graphy App.

Access to Graphy App: We will do our utmost to ensure that availability of the Graphy App 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 Graphy App 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.

License for Graphy App access: Subject to your compliance with these Terms and Conditions, the Company grants you a limited license to access and make personal use of this Graphy App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Graphy App, its content or the Graphy; any collection and use of any Graphy listings, descriptions, or prices; any derivative use of this mobile application 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 mobile application or any portion of this mobile application (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 Company Seller Services Private Limited 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 the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.

Your Conduct: You must not use the mobile application in any way that causes, or is likely to cause, the mobile application or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not the Company, are responsible for all electronic communications and content sent from your device to us and you must use the mobile application for lawful purposes only. You must not use the mobile application for any of the following:

Reviews, comments, communications and other content: Users of this mobile application 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. The Company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of the Company violates these Terms and Conditions and, or terminate your permission to access or use this mobile application.

If you do post content or submit material, and unless we indicate otherwise, you:

  1. grant the Company 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
  2. The Company the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such  content and your right to object to derogatory treatment of such content . You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Company, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the mobile application; that, as at the date that the content or material is submitted to Company: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Company policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify the Company for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

Claims against Objectionable Content: Because the Company lists lot of products for sale offered by Graphers on the mobile application and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, the Company operates on a "notice and takedown" basis. If you believe that any content on the mobile application 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 writing to us at legal@graphyapp.co . Once we receive your email, the Company will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

Copyright, Grapher's rights and database rights: All content included on the mobile application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company 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 mobile application is the exclusive property of the Company and is protected by laws of India and international copyright and database right laws. All software used on this mobile application is the property of the Company or its software suppliers and is protected by India and international copyright and author' rights laws.

You may not systematically extract/ or re-utilize parts of the contents of the mobile application without the Company’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this mobile application, without the Company’s 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 mobile application without the Company’s express written consent .

Intellectual Property Claims: The Company respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, the kindly write to us at legal@graphyapp.co with complete details.

Trademarks: GRAPHY, Graphy App, Graphy LOGO, and other marks indicated on our mobile application are trademarks or registered trademarks of the Company. Graphy App's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Graphy App. The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this mobile application are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

Disclaimer: You acknowledge and undertake that you are accessing the services on the mobile application and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the mobile application. You further acknowledge and undertake that you will use the mobile application to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of Graphers nor any breach of conditions, representations or warranties by the Graphers 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 Graphers or owners 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 Graphy listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the mobile application. While we have taken precautions to avoid inaccuracies in content/Graphy, this mobile application, all content, information (including the price of products), 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 mobile application. At no time shall any right, title or interest in the products sold through or displayed on the mobile application vest with Company nor shall Company have any obligations or liabilities in respect of any transactions on the mobile application.

Indemnity and Release: You shall indemnify and hold harmless the Company and its 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 Terms and Conditions 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 the Company 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.

Communications: When you visit the Graphy App, 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 mobile application or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the mobile application and/or your order placed on the mobile application.

Losses: 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 mobile application.

Alteration of Service or Amendments to the Conditions: We reserve the right to make changes to our mobile application, policies, and these Terms and Conditions at any time. You will be subject to the policies and Terms and Conditions in force at the time that you use the mobile application or that you order Graphy 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.

Waiver: 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 Bangalore.

Terms of Service

By using the Graphy App, purchasing or using any Graphy, or using any aspect of the Service, you agree to be bound by these terms of Service.

Definition:

"Grapher" means the party that has created the Graphy and offered it for sale in the Graphy App, which may be us or a third party.

"Graphy" means digitized content obtained through the Graphy App.

"Graphy App" means software we make available that permits users to shop for, download, browse, or use the Graphy or content on a Supported Device.

"Service" means the provision of the Graphy App, the Graphy, Graphy App content, and support and other services that we provide through the Graphy App, Graphy to the users.

"Supported Device" means a mobile or other supported electronic device on which you are authorised to operate the Graphy App.

Use of Graphy . Upon your download or access of Graphy and payment of any applicable fees (including applicable taxes), the Grapher grants you a non-exclusive right to view, use, and display such Graphy an unlimited number of times, solely through the Graphy App or as otherwise permitted as part of the Service, solely on the number of Supported Devices specified in the Graphy App, and solely for your personal, non-commercial use. Graphy is licensed, not sold, to you by the Grapher. The Grapher may include additional terms for use within its Graphy. Those terms will also apply, but these Terms of Service will govern in the event of a conflict. Some Graphy, such as interactive or highly formatted content, may not be available to you on all Graphy Apps.

Limitations . Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Graphy or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Graphy. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.

Cancellations: Once purchased, a Graphy cannot be cancelled or returned.

Risk of Loss: Risk of loss for Graphy transfers when you download or access the Graphy.

Use of Graphy App: You may use the Graphy App only on Supported Devices.

Information Provided to Company:  The Graphy App will provide Company with information about use of your Graphy App and its interaction with Graphy and the Service (such as last page read, content archiving, available memory, up-time, log files, and signal strength). Information provided to Company may be stored on servers that are located outside the country in which you live. We will handle any information we receive is subject to these Terms and Conditions. Personal information transferred to countries outside of India, if any, will be transferred in accordance with these Terms and Conditions and as permitted by applicable data protection laws.

Information Provided To Others : You are responsible for any information you provide to others using the Service. Any information you provide to a third party will be subject to the privacy notice or any similar terms that the third party provides to you, and will not be subject to these Terms and Conditions.

Termination : Your rights under this Terms of Service will automatically terminate if you fail to comply with any term of these Terms and Conditions. In case of such termination, you must cease all use of the Service, and Company may immediately revoke your access to the Service without refund of any fees. Company's failure to insist upon or enforce your strict compliance with these Terms and Conditions will not constitute a waiver of any of its rights.

Changes to Service; Amendments : We may modify, suspend, or discontinue the Service, in whole or in part, including adding or removing any Graphy from a Service, at any time without notice. We may amend any of these Terms and Conditions at our sole discretion by posting the revised terms. Your continued use of the Graphy App or any aspect of the Service after the effective date of the revised Terms and Conditions constitutes your acceptance of the terms.

Exclusion of Liability : Without limiting the exclusion of liability in these Terms and Conditions, (1) Company’s or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Graphy App will not exceed the amount of INR 1000 (Indian Rupees one thousand); and (2) in no event will our or any other Grapher's aggregate liability to you for compensation under these Terms and Conditions with respect to any claim relating to all damages arising from your use of the Service (excluding the Graphy App) exceed the amount you actually paid for the Graphy or for the aspect of the Service related to your claim for damages. Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud. These limitations will apply to you even if the remedies fail of their essential purpose.

Privacy Policy

Information Collected

The information we learn from customers helps us personalize and continually improve your shopping experience at Graphy App. We use your information to assist sellers in handling orders, delivery of services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. We also use this information to improve our platform, prevent or detect fraud or abuses of our mobile application and enable third parties to carry out technical, logistical or other functions on our behalf.

Here are the types of information we gather.

Information You Give Us:  We receive and store any information you enter on our mobile application or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our platform, and communicating with you.

Automatic Information:  We receive and store certain types of information whenever you interact with us. For example, like many mobile applications, we use "cookies" and we obtain certain types of information when your Web browser accesses Graphy App or advertisements and other content served by or on behalf of Graphy App on other Web sites. We may also receive/store information about your location and your mobile device, including a unique identifier for your device. We may use this information for internal analysis and to provide you with location-based services, such as advertising, search results, and other personalized content.

E-mail Communications:  To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Graphy App if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your mobile application settings accordingly.

Information from Other Sources: We might receive information about you from other sources and add it to our account information.

By using or continuing to use the site you agree to our use of your information (including sensitive personal information) in accordance with this Terms and Conditions, as may be amended from time to time by Graphy App in its discretion. You also agree and consent to us collecting, storing, processing, transferring and sharing information (including sensitive personal information) related to you with third parties or service providers for the purposes as set out in this Terms and Conditions.

We may be required to share the aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection or investigation, including of cyber incidents, prosecution and punishment of offences. You agree and consent for Graphy App to disclose your information, if so required, under applicable law.

Cookies:  Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as recommended for You, personalized advertisements on other.

The Help menu on the menu bar of most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie and how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the mobile application of its manufacturer. However, because cookies allow you to take advantage of some of Graphy App's essential features, we recommend that you leave them turned on. If you do leave cookies turned on, be sure to sign off when you finish using a shared computer.

Information Sharing:  Information about our customers is an important part of our business and we are not in the business of selling it to others. Graphy App shares customer information only as described below.

Information Security

Interest-Based Ads

On unaffiliated sites, Graphy App may display interest-based advertising using information you make available to us when you interact with Graphy App, content, or services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities such as purchase, visiting sites that contain Graphy App content or ads. In providing interest-based ads, we follow applicable laws.

Like other online ad networks, we use cookies, web beacons (also known as action tags or single-pixel gifs), and other technologies (collectively, “cookies”). Cookies enable us to learn about what ads you see, what ads you click, and other actions you take on our sites and other sites. This allows us to provide you with more useful and relevant ads. For example, if we know what ads you are shown we can be careful not to show you the same ones repeatedly. We do not associate your interaction with unaffiliated sites with your identity in providing you with interest-based ads.

We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards (for example, users in eastern India who bought or browsed for literature books). Also, some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.

Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on our sites directly to your browser. They automatically receive your IP address when this happens. They may also use cookies to measure the effectiveness of their ads and to personalize ad content. We do not have access to or control over cookies or other features that advertisers and third-party sites may use, and the information practices of these advertisers and third-party websites are not covered by these Terms and Conditionsicy. Please contact them directly for more information about their privacy practices

Access to Information: Graphy App gives you access to a broad range of information about your account and your interactions with Graphy App for the limited purpose of viewing and, in certain cases, updating that information. This list will change as our mobile application evolves.

Your Choices:

Use by Minor: Use of Graphy App 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 Graphy App only with the involvement of a parent or guardian.

Notices and Revisions: If you have any concern about privacy or grievances at Graphy App, please contact us at legal@graphyapp.co, with a thorough description and we will try to resolve the issue for you.

Our business changes constantly and our Terms and Conditions will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our mobile application frequently to see recent changes.

Unless stated otherwise, our current Terms and Conditions applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.