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Terms & Conditions

TERMS OF USE AND PRIVATE POLICY

 

 

  1. GENERAL TERMS OF USE

 

  • Electronic Record – 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;

 

  • APPLICABLE LAWS – This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name mykitten.in(“Platform”), including the related mobile site and mobile application (hereinafter referred to as “Platform”) AND all the laws of the Republic of India are and shall be the governing laws for any purpose whatsoever herein;

 

  • OWNERSHIP OF THE PLATFORM – The Platform is owned by Global Management Services (hereinafter referred to as “GMS”).

 

  • TERMS AND CONDITIONS – Your use of the Platform and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Platform including the applicable policies which are incorporated herein by way of reference. It shall be deemed that by accessing, browsing, visiting, or transacting in whatsoever nature / way on the Platform, you unconditionally accept all the Terms of Use and Privacy Policy applicable to the platform specified therein. If you access, browse, visit, or transact in whatsoever nature / way on the Platform, you shall be subject to the policies that are applicable to the Platform for such transaction. By mere use of the Platform, you shall be contracting with GMS and these terms and conditions including the policies constitute your binding obligations, with GMS.

 

  • For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing Registration Data while registering on the Platform as Registered User using the computer systems. GMS allows the User to surf the Platform or making purchases without registering on the Platform. The term “We”, “Us”, “Our” shall mean GMS.

 

  • When you use any of the services provided by us through the Platform, including but not limited to, (e.g. Product Reviews, Seller Reviews), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform.

 

  • Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, you also accept and agree to be bound by GMS Policies (including but not limited to Privacy Policy available at the platform) as amended from time to time.

 

  1. MEMBERSHIP AND REGISTRATION OF ACCOUNTS

 

  • MEMBERSHIP ELIGIBILITY – Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the GMS Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents on the Platform. GMS reserves the right to terminate your membership and / or refuse to provide you with access to the Platform if it is brought to GMS’s notice or if it is discovered that you are under the age of 18 years. It is also put to disclaimer / caveat / intimation / notice that all legal – requirements, sanctions, restrictions, licenses, authorizations, authorities, attornments, representations, notifications, classifications, mandates of law including and excluding the law for the time being in force or otherwise; or otherwise ejusdem genris qua the user shall be his / her own, sole and personal responsibility and that neither the platform nor GMS shall be responsible in any manner under any circumstance or whatsoever nature for any liability whether civil, criminal, vicarious, personal, professional and commercial under mandates of law including and excluding the law for the time being in force or otherwise; or otherwise.

 

  • YOUR ACCOUNT AND REGISTRATION OBLIGATIONS – If you use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide you with access to the Platform.

 

  • Your mobile phone number and/or e-mail address is treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile / cellular phone number and your email address is always up to date on the Platform at all times. you agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a onetime password verification.

 

  • You agree that GMS shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where you have failed to update your revised mobile / cellular phone number and/or e-mail address on the Platform.

 

  • COMMUNICATIONS – When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise. That communication on chat messengers or IVR – messengers based on social media platforms / channels or otherwise shall also stand binding upon the users, to be a medium of communication.

 

  • CHARGES – Membership on the Platform is free for buyers. GMS does not charge any fee for browsing and buying on the Platform. GMS reserves the right to change its Fee Policy from time to time. In particular, GMS may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. That the platform shall levy a charge and / or fee and / or commission and / or fine and / or security from the sellers, service providers or others who list products on the platform; the sellers, service providers or others who list products on the platform unconditionally accept the liability to pay such charge and / or  fee and / or commission and / or fine and / or security. In such an event GMS reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to GMS.

 

  1. USE OF THE PLATFORM

 

  • You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

 

  • You shall not host, display, upload, modify, publish, transmit, update or share any information which:

 

  • Belongs to another person and to which you do not have any right to;

 

  • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

 

  • Is misleading in any way;

 

  • Is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

 

  • Harasses or advocates harassment of another person;

 

  • Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

 

  • Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity];

 

  • Promotes an illegal or unauthorized copy of another person’s
  • copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

 

  • Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

 

  • Provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

 

  • Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

 

  • Contains video, photographs, or images of another person (with a minor or an adult).

 

  • Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

 

  • Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform. Throughout this Terms of Use, GMS’s prior written consent means a communication coming from GMS’s Legal Department, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorization;

 

  • Solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;

 

  • Interferes with another USER’s use and enjoyment of the Platform or any other individual’s user and enjoyment of similar services;

 

  • Refers to any Platform or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

 

  • Harm minors in any way;

 

  • Infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;

 

  • Violates any law for the time being in force;

 

  • Deceives or misleads the addressee / users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

 

  • Impersonate another person;

 

  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

 

  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

  • Shall not be false, inaccurate or misleading;

 

  • Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.

 

  • Shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;

 

  • You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.

 

  • In general, you can browse the website without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are not anonymous to us. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide information by choosing not to use a particular service or feature on the website. We may automatically track certain information about you based upon your behavior on our website. We use this information to do internal research on our users’ demographics, interests, and behavior to better understand, protect and serve our users. This information is compiled and analyzed on an aggregated basis. This information may include the URL that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not), your computer browser information, and your IP address.

 

  • We use data collection devices such as “cookies” on certain pages of the Website to help analyze our web page flow, measure promotional effectiveness, and promote trust and safety. “Cookies” are small files placed on your hard drive that assist us in providing our services. We offer certain features that are only available through the use of a “cookie”. We also use cookies to allow you to enter your password less frequently during a session. Cookies can also help us provide information that is targeted to your interests. Most cookies are “session cookies,” meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits, although in that case you may not be able to use certain features on the Website and you may be required to re-enter your password more frequently during a session. Additionally, you may encounter “cookies” or other similar devices on certain pages of the Website that are placed by third parties. We do not control the use of cookies by third parties. If you choose to buy on the Website, we collect information about your buying behaviour, preferences, and other such information that you choose to provide. If you transact with us, we collect some additional information, such as a billing address, a credit / debit card number and a credit / debit card expiration date and/ or other payment instrument details and tracking information from cheques or money orders. If you choose to post messages on our message boards, chat rooms or other message areas or leave feedback or if you use voice commands to shop on the Website, we will collect that information you provide to us. We retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Website, we may collect such information into a file specific to you. We collect personally identifiable information (email address, name, phone number, credit card / debit card / other payment instrument details, etc.) from you when you set up a free account with us. While you can browse some sections of our Website without being a registered member, certain activities (such as placing an order) do require registration. We do use your contact information to send you offers based on your previous orders and your interests.

 

  • You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.

 

  • You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform, or any network connected to the Platform. you may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.

 

  • You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms GMS, www.mykitten.in, or otherwise engage in any conduct or action that might tarnish the image or reputation, of GMS or sellers on platform or otherwise tarnish or dilute any GMS’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. you agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or GMS’s systems or networks, or any systems or networks connected to GMS.

 

  • You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.

 

  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Us on or through the Platform or any service offered on or through the Platform. you may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

 

  • You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of GMS and / or others.

 

  • You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, GST, Local Levies) regarding your use of Our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. you shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

  • Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.

 

  • From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other users in any manner.

 

  • You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. you may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

 

  • We reserve the right, but have no obligation, to monitor the materials posted on the Platform. GMS shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the platform and in your private messages. Please be advised that such content posted does not necessarily reflect GMS views. In no event shall GMS assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

 

  • Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

 

  • It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

 

  • GMS shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

 

  • If you choose to browse or transact on the Platform using the voice command-based shopping feature, you acknowledge that GMS and/or its affiliates will collect, store and use your voice inputs on this feature to customize your experience and provide additional functionality as well as to improve GMS’s and/or its affiliates’ products and services. GMS’s and/or its affiliates’ use of your voice data will be in accordance with the GMS Privacy Policy. You accept that your use of this feature is restricted to the territory of the Republic of India. This feature may not be accessible on certain devices and requires an internet connection. GMS reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you. Your continued use of this feature constitutes your acceptance of the terms related to this feature.

 

  • You acknowledge and agree that Hindi translation feature is made available on the Website on a reasonable effort basis for convenience only, without any representation or warranties by GMS, express or implied, including it being error free, its accuracy, completeness or reliability. GMS expressly disclaims any liability of any nature whatsoever arising from or related to the said Hindi translation feature. Some features and sections on the Website may not be translated in Hindi language, and the English version of the same will be the definitive version. In the event of any conflict or inconsistency between the translated terms and the English version available on the Website, the English version on the Website shall prevail. This feature may not be accessible on certain devices. GMS reserves the right to change, enhance, suspend, or discontinue this feature, or any part of it, at any time without notice to you.

 

  • 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 GMS has no control over such third party user generated content as GMS is merely an intermediary for the purposes of this Terms of Use.

 

  • Except as expressly provided in these Terms of Use, 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 (including “mirroring”) to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without GMS’s express prior written consent.

 

  • 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, 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 our property 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.

 

  • 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 (as 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. 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.

 

  • DISCLAIMER OF WARRANTIES AND LIABILITY

 

  • This Platform, all the materials and products (including but not limited to software) and services, included on or otherwise made available to you through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, GMS does not warrant that:

 

  • This Platform will be constantly available, or available at all; or

 

  • The information on this Platform is complete, true, accurate or non-misleading in all reasonable measures.

 

  • GMS will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. GMS does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to you through the Platform; their servers; or electronic communication sent from us are free of viruses or other harmful components.

 

  • Nothing on Platform constitutes, or is meant to constitute, advice of any kind. All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to you.

 

  • You will be required to enter a valid phone number while placing an order on the Platform. By registering your phone number with us, you consent to be contacted by us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.

 

  • DISCLAIMER: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

 

  1. LIABILITY AND RESPONSIBILITY OF TRANSACTION

 

  • PLATFORM FOR TRANSACTION AND COMMUNICATION – This Platform is a platform that users utilize to meet and interact with one another for their transactions. GMS is not and cannot be a party to or control in any manner any transaction between the Platform’s Users. Henceforward:

 

  • All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. GMS 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. All discounts and offers (including exchange offers) are by the Seller / Brand and not by GMS.

 

  • Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) in the order by the Buyer to the Seller and it shall not be construed as Seller’s acceptance of Buyer’s offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption. 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 that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

 

  • GMS 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 Platform. GMS does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. GMS accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

 

  • GMS is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers. GMS cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform. GMS shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

 

  • GMS does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its users. You are advised to independently verify the bona fides of any particular user that you choose to deal with on the Platform and use your best judgment in that behalf.

 

  • GMS does not at any point of time during any transaction between Buyer and Seller on the Platform come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer.

 

  • At no time shall GMS hold any right, title or interest over the products nor shall GMS have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers. GMS is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

  • The Platform is only a platform that can be utilized by users to reach a larger base to buy and sell products or services. GMS is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Buyer.

 

  • At no time shall GMS hold any right, title or interest over the products nor shall GMS have any obligations or liabilities in respect of such contract.

 

  • GMS is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

 

  • You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the seller(s) that you transact with.

 

  • You release and indemnify GMS and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, GMS cannot take responsibility or control the information provided by other users which is made available on the Platform. You may find another user’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

 

  • Please note that there could be risks in dealing with underage persons or people acting under false pretense.

 

  • SELLING

 

  • As a registered seller, you are allowed to list item(s) for sale on the Platform in accordance with the Policies which are incorporated by way of reference in this Terms of Use. You must be legally able to sell the item(s) you list for sale on our Platform. You must ensure that the listed items do not infringe upon the intellectual property, trade secret or other proprietary rights or rights of publicity or privacy rights of third parties. Listings may only include text descriptions, graphics and pictures that describe your item for sale. All listed items must be listed in an appropriate category on the Platform. All listed items must be kept in stock for successful fulfilment of sales.

 

  • The listing description of the item must not be misleading and must describe actual condition of the product. If the item description does not match the actual condition of the item, you agree to refund any amounts that you may have received from the Buyer. You agree not to list a single product in multiple quantities across various categories on the Platform. GMS reserves the right to delete such multiple listings of the same product listed by you in various categories.

 

  • That the description of the listing or the listing for the livestock shall be specifically realistic only.

 

  • The listing for livestock product shall be realistic and shall stand unique to every and one product as there may not be one listing for two products as their realistic description may differ.

 

  • That it shall be the responsibility of the user / seller to delete, omit, denotify, and delist any listing after sale of the product or otherwise.

 

  • PAYMENT

 

  • While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

 

  • Lack of authorization for any transaction/s, or

 

  • Exceeding the preset limit mutually agreed by you and between “Bank/s”, or

 

  • Any payment issues arising out of the transaction, or

 

  • Decline of transaction for any other reason/s

 

  • All payments made against the purchases/services on Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Platform will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Platform.

 

  • Before shipping / delivering your order to you, Seller may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

 

  • In furtherance; Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the completion of the Transaction. Use of the payment facility shall not render GMS liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on GMS’s Platform.

 

  • You have specifically authorized GMS or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash on Delivery to and from other users in respect of transactions through Payment Facility. Your relationship with GMS is on a principal to principal basis and by accepting these Terms of Use you agree that GMS is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed on GMS’s Platform that are paid for by using the Payment Facility. GMS does not guarantee the identity of any user nor does it ensure that a Buyer or a Seller will complete a transaction.

 

  • You understand, accept and agree that the payment facility provided by GMS is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the GMS Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, GMS is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

 

  • PAYMENT FACILITY FOR BUYERS

 

  • You, as a Buyer, understand that upon initiating a Transaction you are entering into a legally binding and enforceable contract with the Seller to purchase the products and /or services from the Seller using the Payment Facility, and you shall pay the Transaction Price through your Issuing Bank to the Seller using Payment Facility.

 

  • You, as a Buyer, may agree with the Seller through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

 

  • You, as a Buyer, shall electronically notify Payment Facility using the appropriate GMS Platform features immediately upon Delivery or non-Delivery within the time period as provided in Policies. Non notification by you of Delivery or non-Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash on Delivery transactions, Buyer is not required to confirm the receipt of products or services.

 

  • You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as your sole and exclusive remedy) in case you do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund, claim using Platform features within the stipulated time than this would make you ineligible for a refund.

 

  • GMS reserves the exclusive right and its decisions shall be final and binding upon the user in case of any refunds or payments of whatsoever nature.

 

  • You, as a Buyer, understand that the Payment Facility may not be available in full or in part for certain category of products and/or services and/or Transactions as mentioned in the Policies and hence you may not be entitled to a refund in respect of the Transactions for those products and /or services

 

  • Except for Cash on Delivery transaction, refund, if any, shall be made at the same Issuing Bank from where Transaction Price was received, or through any other method available on the Platform, as chosen by you.

 

  • For Cash on Delivery transactions, refunds, if any, will be made via electronic payment transfers.

 

  • Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

 

  • For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

 

  • Refunds may be supported for select banks. Where a bank is not supported for processing refunds, you will be required to share alternate bank account details with us for processing the refund.

 

  • Refund shall be conditional and shall be with recourse available to GMS in case of any misuse by Buyer.

 

  • We may also request you for additional documents for verification.

 

  • Refund shall be subject to Buyer complying with Policies.

 

  • GMS reserves the right to impose limits on the number of Transactions or Transaction Price which GMS may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

 

  • GMS reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with GMS or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

  • GMS may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of GMS. As a result of such check if GMS is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, GMS shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of GMS.

 

  • GMS may delay notifying the payment confirmation i.e. informing Seller to Dispatch, if GMS deems suspicious or for Buyers conducting high transaction volumes to ensure safety of the Transaction and Transaction Price. In addition, GMS may hold Transaction Price and GMS may not inform Seller to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

 

  • The Buyer and Seller acknowledge that GMS will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond control of GMS.

 

  • COMPLIANCE WITH LAWS

 

  • As required by applicable law, if the Customer makes a purchase of an amount equal to or above ₹ 2,00,000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be cancelled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand cancelled if there is a discrepancy between the name of the Customer and the name on the PAN Card.

 

  • Buyer and Seller shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and GMS Platform.

 

  • BUYER’S ARRANGEMENT WITH ISSUING BANK

 

  • All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

 

  • All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

 

  • GMS’S REPLACEMENT GUARANTEE*

 

  • GMS’s Replacement Guarantee seeks to assist Buyers who have been defrauded by qualified sellers on the Platform. The return policy period (GMS’s Replacement Guarantee) depends on the product category and the seller. Kindly click here to know the return policy period applicable for different categories. If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s from the seller subject to the following terms and conditions.

 

  • Notify seller of any defects in the product/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.

 

  • Replacement can be for the entire product/s or part/s of the product subject to availability or otherwise of the same with the seller.

 

  • Following products shall not be eligible for return or replacement: –

 

  • Damages due to misuse of product;

 

  • Incidental damage due to malfunctioning of product;

 

  • Any consumable item which has been used/installed;

 

  • Products with tampered or missing serial/UPC numbers;

 

  • Digital products/services (Flyte music downloads);

 

  • Any damage/defect which are not covered under the manufacturer’s warranty;

 

  • Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;

 

  • products of whatsoever nature which is ‘made to order’ on customer’s request;

 

  • In case of livestock, the GMS’s Replacement Guarantee policy stands at standard 3R Principle which connotes no return, no replacement, no refund under any circumstance in any case of whatsoever nature as the case maybe and the same is internationally accredited principle of good practice under all regimes of law globally – subject to the conditions as under: –

 

  • In order to safeguard the interest of the users, the livestock products shall be delivered at GMS endorsed or verified veterinarian or at the veterinarian of the buyers choice or at any other address provided by the buyer as the case may be, so that all and every detail of whatsoever nature can be verified, looked into with utmost fitness of the matter; this methodology or standard of delivery is being instrumented with the object and reasoning to intent that no user may disclaim and a’caveat standard 3R principle.

 

  • The above optional delivery maybe subject to certain conditions where the livestock product airlifted or is being delivered after through checks as per normal good standard market practice.

 

  • On products of whatsoever nature, qualified sellers accept 3-day exchange subject to the following conditions:

 

  • Returns of products of whatsoever nature shall only be made if the products are not used (other than for trial), altered, washed, soiled or damaged in any way.

 

  • Original tags and packaging should be intact. For items that come in branded packaging, the box should be undamaged.

 

  • Returns are not applicable for ‘Made to order’ products of whatsoever nature.

 

  • Damaged or defective or ‘Not as described’ products in Lifestyle category (includes clothing, footwear, etc.) are meanwhile covered by the 3-Day Replacement Guarantee. Kindly click here to know the return policy period (Replacement Guarantee) applicable for different categories.

 

  • If GMS has any suspicion or knowledge that any of its buyers and sellers are involved in any activity that is intended to provide claims or information that is false or not genuine, GMS may also, while reserving its rights to initiate civil and/or criminal proceedings against such member buyers and sellers, at its sole discretion, suspend, block, restrict, cancel the Display Name of such buyers and sellers and/or disqualify that user and any related users from availing protection through this program. Customers who have been blocked for any suspicious or fraudulent activity on GMS will not be allowed to return their products.

 

  • GMS reserves its right to initiate civil and/or criminal proceedings against a user who, files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, GMS may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such user and/or disqualify that user and any related users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

 

  • GMS reserves the right to make final decision qua any return as the case may me and the same shall be final and binding on the user.

 

  • EXCHANGE OFFERS

 

  • By participating in the exchange, I confirm that I am the sole and absolute owner and/or user of the product mentioned above (device).

 

  • I confirm that device which I am exchanging under the buyback program is genuine and is not counterfeit, free from any and all encumbrances, liens, attachments, disputes, legal flaws, exchange or any Agreement of Sale etc. and I have got the clear ownership of the said device.

 

  • You agree to indemnity and keep indemnifying www.mykitten.in and any future buyer of the device against all or any third party claims, demand, cost, expenses including attorney fees which may be suffered, incurred, undergone and / or sustained by www.mykitten.in, its affiliates or any future buyer due to usage of the device by you till date and you undertake to make good the same.

 

  • LIMITATION OF LIABILITY

 

  • GMS we do not warrant that Product description or other content of this Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

 

  • It also put to disclaimer / caveat / intimation / notice that all legal – requirements, sanctions, restrictions, licenses, authorizations, authorities, attornments, representations, notifications, classifications, mandates of law including and excluding the law for the time being in force or otherwise; or otherwise ejusdem genris qua the user shall be his / her own, sole and personal responsibility and that neither the platform nor GMS shall be responsible in any manner under any circumstance or whatsoever nature for any liability whether civil, criminal, vicarious, personal, professional and commercial under mandates of law including and excluding the law for the time being in force or otherwise; or otherwise.

 

  • In no event shall GMS be liable for any special, incidental, indirect or consequential damages of any kind in connection with these terms of use, even if user has been informed or not in advance of the possibility of such damages. THE PLATFORM SHALL HAVE NO LIABILITY TO ANY USER OF ANY KIND WHATSOEVER IN CASE OF ANY DISPUTE OF WHATSOEVER NATURE IN ANY MANNER FOR ANY OR EVERY SALE / PURCHASE OF GOODS AND / OR SERVICES.

 

  • Pedigree – You shall be responsible for acquiring the pedigree description of the breed before placing an order, GMS has no hand in between the pedigree description of the breed between the parties. Any complaints suffering from congenital / genetic disease, habitants qua pedigree is not liable to the seller or to the platform. Pedigree description is only presented before Sale and not after Sale, that too if records are available. It is the sole responsibility of the user to check the pedigree before sale, if in any case the pedigree description is not available as per records; GMS is not solemnly responsible for the undoing, as description availability is as per past and document records. GMS is not responsible for any return or refund made after the purchase of the product, if the reason of refund or return is pedigree description in any case. The Doctrine of Caveat emptor implies on all the users engaged on the platform of GMS, while purchasing a product.

 

  • Breeds Certificate – All the users active on the GMS platform, while placing an order should be aware of the fact that breed’s certificate is presented on demand to the buyer and GMS does not provide any such information as a complimentary fact. GMS is not liable to any of its user to provide any such information in any way or in relation to the buyer, as the breed’s certificate is provided as per the availability of records. The user cannot hold on GMS for any claim under the breed’s certificate, as GMS has no direct link with the certification of purity of the breed. No refund or return policy can be claimed under this clause, as GMS hold no such implied or expressed character.

 

  • Delivery Clause – At the point of delivery, if the Buyer denies the delivery 0% Refund will be initiated & if denial of service by GMS then 50% refund. At the time of delivery or after delivery, if the buyer asks for any kind of refund due to whatsoever reason, GMS is not liable is refund back any deposits made to GMS by the buyer. After delivery, due to whatsoever reason the amount will not be refunded back to the buyer. Once the product is delivered, there will be no such Verification being held by GMS; medical reports, diet chat & other necessary documents related to the Pet will be provided to the buyer by GMS. Use is free at his own cost for such verification at the time of delivery. All other future claims are barred or waive if no verification at delivery. Livestock products are Non-refundable & Non- exchangeable, hence once product ordered & received by the buyer cannot be returned back to GMS under any circumstances. Upon travel the delivery includes the approximate cost in itself, no extra charges are calculated. In case of livestock, the GMS’s delivery policy stands at standard 3R Principle which connotes no return, no replacement, no refund under any circumstance in any case of whatsoever nature as the case may be and the same is internationally accredited principle of good practice under all regimes of law globally – subject to the conditions as under. In order to safeguard the interest of the users, the livestock products shall be delivered at GMS endorsed or verified veterinarian or at the veterinarian of the buyers choice or at any other address provided by the buyer as the case may be, so that all and every detail of whatsoever nature can be verified, looked into with utmost fitness of the matter; this methodology or standard of delivery is being instrumented with the object and reasoning to intent that no user may disclaim and a’caveat standard 3R principle. The above optional delivery maybe subject to certain conditions where the livestock product airlifted or is being delivered after through checks as per normal good standard market practice.

 

  • Description – We ‘GMS’ on your platform announce and proclaim that all the content available on the platform for the users is organic and not filtered. The Pet’s description provided by GMS is in its original and final form only, as we do not believe in any sort of filtration in any photo or content or any description provided by us. Any queries or any sort of issues arising after the delivery of the product, in reference to the pet’s description will not be entertained by GMS, which may lead to return or refund of the product, as there will be no such refund or return initiated by GMS after final delivery.

 

  • Advertisement – GMS does not wish to engage any third party for any sort off advertisement on its platform, for prompting any products and other relevant stuff regarding the same.

 

  • Jurisdiction – Any legal dispute or otherwise qua the platform with GMS shall only be subject to the territorial jurisdiction of the courts at South Delhi District.

 

  • CONTACT US

 

  • Please contact usfor any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

 

  • Particulars for contact: –

 

Email: contact@mykitten.in

Phone: +91- 9168880648

Time: Mon – Sat (9:00 – 18:00)

 

  • GRIEVANCE OFFICER

 

  • In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

 

GMS

contact@mykitten.in

9168880648,

 

  • NO WAIVER IMPLIED Any failure on part of GMS to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

 

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