Welcome to www.MyEffecto.com (the "Website") operated by KuchNaya TechnoLabs Private Limited (hereinafter referred to as"KuchNaya TechnoLabs" or"Kuchnaya" or"MyEffecto" or"we" or"us" or"our"). KuchNaya TechnoLabs is a company registered under the Companies Act, 1956. MyEffecto is a product of KuchNaya TechnoLabs. The registered office of KuchNaya TechnoLabs is at 127, Ashar Enclave, Kolshet Road, Thane, Maharashtra - 400607, India. The company registration number is U72900MH2011PTC213607
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR USING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, [www.MyEffecto.com] (the "Website"), MyEffecto ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. Each time you use the Website, this User Agreement applies to your use. Any updates to it will apply to you; so you should check back frequently for any updates. MyEffecto reserves the right to modify this User Agreement and any Additional Terms, at any time without prior notice. Therefore, you should review this User Agreement and any Additional Terms on a regular and frequent basis. The Updated Terms will be effective as of the time that Myeffeto posts them on the home page of the Website, or such later date as may be specified in them. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. MyEffecto encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with MyEffecto for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
Terms of Offer. This Website offers for sale certain products (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Eligibility. You may use the Service only if you can form a binding contract with Myeffecto, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Myeffecto.
Opt Out Procedure: We provide 3 easy ways to opt out of from solicitations.
- You may use deactivate link found in any email solicitation that you may receive.
- You may also choose to opt out, via sending your email address to: [support@MyEffecto.com].
- You may send a written remove request to [KuchNaya TechnoLabs Private Limited, 127 Ashar Enclave, Kolshet Dhokali Marg, Near D Mart, Thane, Maharashtra, India. Pin 400607].
Proprietary Rights. MyEffecto has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by MyEffecto. MyEffecto also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites. MyEffecto does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that MyEffecto does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. MyEffecto does not endorse the contents on any such third-party websites. MyEffecto is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; MyEffecto is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from MyEffecto or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant MyEffecto a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. MyEffecto does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. MyEffecto is not liable for any damage or harm resulting from any posts by or interactions between users. MyEffecto reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content MyEffecto deems objectionable, in Myeffecto's sole discretion.
III. DISCLAIMER OF WARRANTIES
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MYEFFECTO, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
MYEFFECTO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MYEFFECTO SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MYEFFECTO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MYEFFECTO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MYEFFECTO BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MYEFFECTO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE;
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
- ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
- USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MYEFFECTO, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING GREATER THAN EITHER (A) THE AMOUNT YOU PAID TO MYEFFECTO HEREUNDER OR (B) 1 DOLLAR.
IV. LIMITATION OF LIABILITY
MYEFFECTO ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
MYEFFECTO WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless MyEffecto, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to MyEffecto. When MyEffecto is threatened with suit or sued by a third party, MyEffecto may seek written assurances from you concerning your promise to indemnify MyEffecto; your failure to provide such assurances may be considered by MyEffecto to be a material breach of this Agreement. MyEffecto will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of MyEffecto choice at its expense. MyEffecto will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend MyEffecto against any claim, but you must receive MyEffecto prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
As with most websites, certain non-personal information is recorded by the standard operation of our server. This information may include: the name of the ISP from which you access the Internet, the date and time you accessed the Website, the Internet address of the website from which you enter the Website and where you go after you leave the Website. This information is used to measure and monitor the use of the Website and to improve its content. Information or data that would personally identify you is known to us only when voluntarily submitted by you.
VII. INFORMATION WE COLLECT
Personal Information we collect.When you interact with us, we may ask you to supply us with Personal Information. For example, when you create an account with us, participate in a third party website message boards, or otherwise use our Service, we may collect your information such as your name and/or e-mail address.
Our Use of Your Personal Information We mainly use your Personal Information, either alone or in combination with other information, so that we can provide, enhance and personalize our Service and related content, products, services, and marketing efforts.
The following are examples of a variety of ways that we may use your Personal Information. We may use your Personal Information:
- to provide you with the best user experience possible;
- to respond to your questions, and carry out the transactions you have requested;
- to communicate with you regarding Service updates, offers, alerts, promotions, and events and/or about your Content and/or payments;
- to help us develop, customize, deliver, support and improve our Service, products, content, and advertising;
- to help authenticate any account you create with us;
- to administer promotions and contests;
- to protect the rights or property of Myeffecto or our users, and prevent fraud and other prohibited or illegal activities;
- to protect the security of our products, services, and business;
- for our internal purposes (such as auditing, data analysis, and research to improve our products, services, and communications); and
- otherwise, as disclosed to you at the point of collection.
If you decide at any time that you no longer wish to receive communications from us, please follow any unsubscribe instructions that may be provided in our communications to you, or send an e-mail request to us at the following e-mail address: email@example.com. Please note that we may use your Personal Information to contact you with important notifications, such as notices with respect to safety, payments, or changes to our terms, conditions, and policies; you may not opt out of these notifications.
VIII. AGREEMENT TO BE BOUND
By using this Website or our Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
IX. ADVERTISING & PROMOTIONS
You hereby agree that we may place advertising and promotions and affiliate links on the website/comments platform/recommendation platform on, about, or in conjunction with your website and without obligation to you. The manner, mode and extent of such advertising and promotions and links are subject to change without specific notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications appearing on the website/comments platform/recommendation platform as such Links on and through the website/comments platform/recommendation platform to third party websites (including, without limitation, sponsors and advertisers) that you encounter via the website/comments platform/recommendation platform are solely provided as a convenience to you. If you use these links, you will leave the website/comments platform/recommendation platform. You agree that MyEffecto will not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any dealings between you and any such third parties. In addition, you acknowledge that MyEffecto does not endorse, verify, or make any representations regarding any third party advertisements, products or services. It is your sole responsibility to research and verify the legitimacy of any entity and content linked to the website/comments platform/recommendation platform or the Website, and you are solely responsible for your decision to submit personal information to any third party.
X. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and/or the country in which you reside. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Force Majeure. MyEffecto will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. MyEffecto may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and MyEffecto and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of MyEffecto to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [Mumbai, Maharashtra]. This Agreement will be governed by the laws of the State of [Maharashtra] without regard to its conflict of law principles to the contrary. Neither you nor MyEffecto will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [Maharashtra] India. By using this Website or our Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. MyEffecto reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and MyEffecto may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, MyEffecto reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until MyEffecto chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. MyEffecto makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this Agreement to anyone. MyEffecto may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
When you use our services, certain information may be stored locally on your device using 'cookies' or similar technologies such as objects stored in our service's local storage on the device that you are using. A cookie is a small text file or data file used to store limited information about the user of the device and is stored on your device. It helps us to identify how our users use our services and so that we can continuously evolve and improve it. We use information collected from cookies to improve users' experience and the overall quality of our services.
BY USING THIS WEBSITE OR OUR PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.