Welcome to Spoyl, operated by Spoyl tech solutions private limited. (the “Company” or “Spoyl”).
1.3 The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
1.4 The Website is operated by Spoyl Tech Solutions Private Limited., a company incorporated under the laws of India having its registered office at Banjara Hills, Hyderabad, Telangana -500034 and corporate office at Sector-6, HSR layout, Bangalore- 560102. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
1.5 Spoyl operates as a marketplace and is not directly involved in the transactions between the Users and the Sellers. Spoyl cannot be held accountable over the quality, protection, ethics or legitimacy of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to make a sell or the ability of Users to pay for the Products.
1.6 Spoyl does not screen the content or information provided by the user nor is the company liable to the transactions made between a seller and user. Consequently, Spoyl cannot and does not transfer legal ownership of items from the Seller to the Users.
1.7 Further, the terms and conditions for any Product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, are not according to the Company’s terms and conditions but of the seller. In addition to the above, some areas of the Website may include various content provided by our partners and such content will be subject to separate terms and conditions of use, which are posted within those areas by our partners.
1.9 This Agreement may be modified by the Company from time to time, such modifications to be effective upon posting by the Company in the Service. The Company will not notify the changes by way of any individual communication other than posting the revised terms on its website.
1.10 By accessing or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. To withdraw this consent, you must cease using the Service and terminate your account.
No part of Spoyl is directed to persons under the age of 18. You must be at least 18 years of age to access and use the Service. Any use of the Service is void or prohibited. By accessing and using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Service may be prohibited or restricted in certain countries. If you use the Service from outside of India, you are responsible for complying with the laws and regulations of the territory from which you access or use the Service.
3. Creating an Account
Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
If you wish to register yourself, you must sign in using your Facebook login or use your email account. If you use Facebook for login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you might share in common with other Spoyl users. When you sign up to Spoyl you agree that we can begin to target your friends via social interactions and our poll features. We know shopping with friends is better and that’s why we want to make sure they join you on Spoyl and you can ask their opinions. By signing up to Spoyl with Facebook you agree to allow us to access friends data keys to we can ensure that you can connect via Spoyl.
If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
4. Account Security.
You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify the Company of any disclosure or unauthorized use of your username or password or any other breach of security email@example.com and ensure that you logout from your account at the end of each session.
The company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the company for any loss and damage suffered by you on account of your failure to comply with the terms and reasonably expected good practices in this regard.
The Website operates as a marketplace and merely acts as an online platform to various Sellers to advertise, display and sell various Products (including services auxiliary to the products and services), vouchers, and services to Users. The Website works towards making the engagement of the Users and various Sellers easy and provides such other services as are incidental and ancillary thereto. Additionally, the Website has the right to terminate the services offered at any time to the Users without any notice.
All products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for reference purpose alone and actual product might vary from the product image exhibited. The Website disclaims any liabilities surfacing out of any discrepancies to this end.
Spoyl hereby refuses to acknowledge any guarantees of precision as to the finish and appearance of the final product as ordered by the User. The standards of any products, Services, information, or other material purchased or obtained by you through the Website is not endorsed or supported by Spoyl and will always be the sole liability of the respective Seller. Alterations to certain features of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been wish listed by a User. The Website denies any and all claims and/or liabilities arising from such change in pricing.
Pre-buzz EOSS prices as shown on Catalog and PDP may change during EOSS sale.
6. Term and Termination.
This Agreement will remain in full force and effect while you use the Service and/or have a Spoyl account. You may disable your account at any time, for any reason, by following the instructions in “Settings” under the home menu in the Service or by simply deleting the app. The Company may terminate or suspend your account at any time without notice if the Company believes that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in app purchases. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
7. User Conduct and Rules:
The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
8. Customer Service.
The Company provides assistance and guidance through its customer care services. When communicating using customer care services, you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. If we feel that your behavior towards any of our employees at any time is threatening or offensive, we reserve the right to immediately terminate your account.
9. Modification To Service
The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, the Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
10. Proprietary Rights.
The Company owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
11. In App Purchases.
From time to time, Spoyl may offer additional products and services for purchase through the App Store ℠, Google Play or other application platforms (“in app purchases”). If you choose to make an in app purchase, you will be prompted to enter details for your account with the mobile platform you are using (e.g., Apple, Android, etc.) (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. In app purchases may include a free trial period. At the end of the free trial period, you will be charged the price of the subscription and will continue to be charged until you cancel your subscription. To avoid any charges, you must cancel before the end of the trial period. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel in accordance with the platform terms. In call cases, please refer to the terms of your application platform which apply to your in app purchases.
12. Notice and Takedown Policy
In the event the company or any User becomes acquainted with any offensive content on the Website including but not limited to violation of privacy, misuse of personal informations or violation of any IPR, then, the company, by itself or upon notice of a communication from any of its Users, without any prior notification can take down the content from the Website. Without limiting the foregoing, if you believe that your intellectual property has been infringed by any Content on the App/Website then please contact the Grievance Officer informing them of the exact product along with the URL and the specific details of the intellectual property rights infringed by said postor Content. In accordance with the laws of India, the Grievance Officer shall revert within 24 to 72 hours from receipt of such communication.
Grievance Officer: Email : firstname.lastname@example.org
The Company has a no-tolerance policy and is very mindful of intellectual property rights of others and believes in strong enforcement of the same. Any Content which infringes the intellectual property of another shall be permanently terminated. The Company reserves all rights to take necessary legal recourse as it may deem fit.
1. You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any user; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
3. From time to time, the Company may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE COMPANY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
4. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
15. Limitation on Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. 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 SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
16. Indemnity by You
You agree to indemnify and hold the Company, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), and the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
17. Entire Agreement; Other.
This Agreement is subject to change by the Company at any time.