Terms and Conditions

PERSONAL INFORMATION

GYRATE NETCOM PVT. LTD ("GYRATENETCOM") is the licensed owner of the brand GYRATENETCOM and the website GYRATENETCOM.COM (”The Site”). GYRATE NETCOM PVT. LTD, a private limited company incorporated under the Companies Act, 2013 and having its registered office at JIBON PHUKAN NAGAR, C.R BUILDING, DIBRUGARH-786003, ASSAM. As a visitor to the Site/ Customer you are advised to please read the Terms of Conditions , Privacy Policy and Refund Policy carefully. By accessing the services provided by the Site you ( The User ) accept and agree to be bound by GYRATE NETCOM PVT. LTD Policies ( including Privacy Policy , Terms of Conditions , Refund Policy ) as amended from time to time.

SERVICES OVERVIEW

As part of the registration process on the Site, GYRATE NETCOM ( GYRATENETCOM.COM ) may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

ELIGIBILITY

Services of the Site would be available to only select geographies in India. 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 Site. However, if you are a minor, i.e. under the age of 18 years, you may use/access the site under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

The Firm "GYRATE NETCOM", in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Marketplace Site, if:

  • It is discovered or brought to notice that you do not conform to the eligibility criteria, or
  • The Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or
  • May breach the terms of this User Agreement.

LICENSE & SITE ACCESS

GYRATENETCOM.COM grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GYRATENETCOM.COM. This license does not include any resale or commercial use of this site or its contents;

  • Any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents;
  • Any downloading or copying of account information for the benefit of another merchant; or
  • Any use of data mining, robots, or similar data gathering and extraction tools.

This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of GYRATE NETCOM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of GYRATE NETCOM and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or GYRATE NETCOM’s name or trademarks without the express written consent of GYRATE NETCOM. Any unauthorized use terminates the permission or license granted by GYRATE NETCOM.

ACCOUNT & REGISTRATION OBLIGATIONS

All shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the site. By Registration or agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.

PRICING

All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order. Your Vegetables , Fruits , Fish and Grocery is entitled to change the prices.

CANCELLATION BY SITE / CUSTOMER

You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

YOU AGREE AND CONFIRM

  1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by GYRATENETCOM.COM for redelivery shall be claimed from you.
  2. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
  3. You will provide authentic and true information in all instances where such information is requested of you. GYRATENETCOM.COM reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly) right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
  4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
  5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
  6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
  7. That GYRATENETCOM.COM will not be held responsible for any delay or failure to comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:

  1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  3. Gaining unauthorized access to other computer systems.
  4. Interfering with any other person's use or enjoyment of the Site.
  5. Breaching any applicable laws;
  6. Interfering or disrupting networks or web sites connected to the Site.
  7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

COLOURS

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

MODIFICATION OF TERMS & CONDITIONS OF SERVICE

GYRATENETCOM.COM may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Site.

GOVERNING LAW AND JURISDICTION

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Dibrugarh shall have exclusive jurisdiction in any proceedings arising out of this agreement.

Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by GYRATENETCOM.COM and his decision shall be final and binding on the parties hereto.

REVIEWS, FEEDBACK, SUBMISSIONS

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of GYRATENETCOM.COM. Such disclosure, submission or offer of any Comments shall constitute an assignment to GYRATENETCOM.COM of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, GYRATENETCOM.COM owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. GYRATENETCOM.COM will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. GYRATENETCOM.COM is and shall be under no obligation

  1. to maintain any Comments in confidence;
  2. to pay you any compensation for any Comments; or
  3. to respond to any Comments.

You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

COPYRIGHT & TRADEMARK

GYRATENETCOM.COM, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of GYRATENETCOM.COM or any third party's intellectual property rights. All rights, including copyright, in this website are owned by GYRATENETCOM.COM. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of GYRATENETCOM.COM. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of GYRATENETCOM.COM, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.

OBJECTIONABLE MATERIAL

You understand that by using this Site or any services provided on the Site, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, GYRATENETCOM.COM and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

INDEMNITY

You agree to defend, indemnify and hold harmless GYRATENETCOM.COM, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to GYRATENETCOM.COM or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

TERMINATION

This User Agreement is effective unless and until terminated by either you or GYRATENETCOM.COM. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. GYRATENETCOM.COM may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to GYRATENETCOM.COM. Upon any termination of the User Agreement by either you or GYRATENETCOM.COM, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. GYRATENETCOM.COM’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the website or affect any liability that may have arisen under the User Agreement.

TERMS & CONDITIONS IMPLIES ONLY TO OUR MARKETING PARTNER ( INCLUDING TERMS AND CONDITIONS AS MENTIONED ABOVE )

The Marketing Partners agrees and accepts all the TERMS and CONDITIONS ( including the terms and conditions mentioned above ) by Registering or agreeing to the terms and conditions in GYRATENETCOM.COM registration form.

The following additional Terms and Conditions abide to our Marketing Partners are mentioned below :

  1. They would promote customers for Gyrate Netcom Pvt. Ltd. ( GYRATENETCOM.COM ).
  2. They accept to provide true and best information regarding their personal details and communication details, etc as mentioned in GYRATENETCOM.COM registration form.
  3. They will provide with their REGISTRATION CODE after complete registration and approval from GYRATENETCOM.COM.
  4. They agree to help their customers for downloading and registering their customers in GYRATENETCOM.COM Android App.
  5. They can have as many customers under their REGISTRATION CODE TREE.
  6. The Marketing Partner will entitled to view the purchase details of the customer under his REGISTRATION CODE which is limited to the items concerned to Marketing Partners to which commission is entitled for.
  7. The Marketing Partner will be entitled for 5% commission on all purchase by the customer under their REGISTRAITON CODE for items of Category : VEGETABLES, FRUITS and FISH only.
  8. The Commission of Marketing Partners will be transferred to his Registered Bank Account within 10th to 15th day of every month after deduction of applicable TDS.
  9. The validity of Marketing Partners is for Two (2 ) Years only. After completion of Two (2) Years GYRATENETCOM.COM will renew their REGISTRATION CODE after valid RENEWAL PROCESS and APPROVAL.
  10. GYRATENETCOM.COM has complete right to suspend / terminate any one / all MARKETING PARTNERS at any point of time with no prior notice.
  11. GYRATENETCOM.COM has complete right to discontinue the above agreement with MARKETING PARTNERS for any unavoidable circumstances.
  12. Any disputes will be settled through arbitration or under Dibrugarh Jurisdiction Only.