Kindly read the following terms and conditions carefully. Please note that by accessing or using the services provided by Aya Papaya, whether automated or otherwise you, a registered user or guest user in terms of the eligibility criteria set out herein you ("user" and/or "you") agree to be bound by these terms and Conditions ("terms") and any additional terms and conditions are subject to the below mentioned terms & Conditions. By subscribing to or using any of our services, you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the terms, you must not subscribe to or use our services.

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COMPANY INFORMATION

Aya Papaya is operated Myracle Ventures and having its registered office at 414 Senapati Bapat Marg, Empire Industrial Estate, Mumbai 400013. Contact us at info@ayapapaya.in. Aya Papaya is operated by Myracle Ventures, a company incorporated under the laws of India having its registered office address mentioned above. All references to Website in these terms shall deem to refer to the aforesaid entity in inclusion of the online portal.

 

TERMS OF USE

AYA PAPAYA may also contains links to other websites, which are not operated by AYA PAPAYA, and AYA PAPAYA has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site. We reserve the right to change these terms at any time. Such changes will be effective when posted on AYA PAPAYA and may, at the sole discretion of AYA PAPAYA be notified to the users from time to time. Notwithstanding the foregoing, by continuing to use AYA PAPAYA after we post any such changes, you accept the terms as modified.

 

 

ELIGIBILITY OF USE

Use of AYA PAPAYA is available only to such persons who can legally contract 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. shall not be eligible to use AYA PAPAYA. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents. AYA PAPAYA reserves the right to terminate any membership and / or refuse to provide access to AYA PAPAYA if it is brought to the AYA PAPAYA's notice or if it is discovered that the person accessing/using AYA PAPAYA is under the age of 18 years. By accepting the terms or using or transacting on AYA PAPAYA, the user irrevocably declares and undertakes that he/she is of legal age i.e., 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between AYA PAPAYA and such user to the extent permissible under applicable laws.

 

REGISTRATION & SECURITY

Any person may access AYA PAPAYA and the products either by registering to AYA PAPAYA or using AYA PAPAYA as a guest. Once registered, you will receive a confirmation mail on your registered email address regarding the password and account designation upon completing AYA PAPAYA's registration process. Users are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. user will notify AYA PAPAYA of any unauthorized use of their password or account or any other breach of security. AYA PAPAYA cannot and will not be liable for any loss or damage arising from user's failure to comply with the terms and reasonably expected good practices in this regard.

 

PROHIBITIONS

The following actions will be considered as misuse of AYA PAPAYA, and are thus prohibited: Transmission or distribution of technologically harmful data like virus, malicious software, trojan, etc.; Posting or transmitting content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm to any kind against any group or individual; Transmission of junk mails, spam or chain letters; Promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; Posting unsolicited promotional or advertising content; Distributing or reproducing any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights in any way; Promoting an illegal or unauthorized copy of another person's copyrighted work 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 file, providing or creating computer viruses; Providing instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or posting video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian). We hereby hold no liability to any sort of damage or harm caused to your software, data or computer device by downloading content from AYA PAPAYA.

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TERMS OF SALE

Once user place an order with AYA PAPAYA, you thus agree to abide by the following terms and conditions: All the orders placed with us are subject to availability of the desired product. Once an order is placed, an acknowledgement e-mail stating the confirmation of user's order will be received by the user. Please note that this acknowledgement does not mean the acceptance of user's order. user's order is only accepted once the payment is received from your credit/debit card/account. A standard authorization check is carried out on your payment card once your order is received by us. This is done solely to make sure that you have sufficient funds and thus user's transaction can be carried out without any hindrance. We make our best efforts to ensure that the product descriptions and set prices are accurate. However, error may occur. If it is discovered by us that the mentioned price at which you placed the order is incorrect, user will be informed by us at the earliest. You will be given the following two options - user can reconfirm your order at the corrected new price; If user does not wish to make the purchase any longer, you can cancel your order; In case we are unable to contact you regarding the price change, your order will be considered as cancelled, and the debited amount will be refunded back to your respective account. We offer you promotional discount codes that are applicable on the purchases made on AYA PAPAYA. These discount codes can be applicable on all or certain specified products. Please note that use of only one discount code is permissible per order. You cannot use a discount code if an order is already placed.

 

INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT

Intellectual Property Rights ("IPR") for the purpose of these terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to AYA PAPAYA. All IPR on AYA PAPAYA exclusively belong to either AYA PAPAYA or the third-party sellers and suppliers, as the case may be. Under no circumstance shall any user infringe in any way such IPR of AYA PAPAYA, a third-party supplier or seller during or pursuant to its use of AYA PAPAYA for any purposes whatsoever. Except as expressly provided herein, the user acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from AYA PAPAYA or the thirty-party owner of such Intellectual Property Right.

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PAYMENTS

While availing any of the payment method/s available on AYA PAPAYA, 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 user and between "Bank/s", or any payment issues arising out of the transaction, or decline of transaction for any other reason/s notwithstanding anything contained herein, AYA PAPAYA reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the user. Every user hereby agrees to provide accurate information, such as credit/debit information for purchasing products on AYA PAPAYA. Every user further warrant that he/she shall not use payment information or instrument that is not lawfully owned by the user. AYA PAPAYA shall not utilize or share with any third party unless required as per law, regulation or court order or in accordance with the terms of the Privacy Policy. AYA PAPAYA disclaims all liabilities arising out of loss of any information pertaining to the confidentiality of the credit/debit card details or pre-paid instrument account. In addition to these terms, the terms and conditions of the bank or other financial institution shall also be applicable to every user. AYA PAPAYA disclaims any liability arising out of declining of payment by such bank or financial institution.

 

GUARANTEE OF PRODUCTS/SERVICES

AYA PAPAYA hereby disclaims any guarantee of the accuracy in terms of finish and appearance of the final product as ordered by the user. The quality of any products, services, information, or other material purchased or obtained by you through AYA PAPAYA may not meet your expectations.

 

LINKING TO AYA PAPAYA

User may provide links to our website homepage. However, it should not suggest our association with the user in any form or the other. Also, doing so must not bring any legal or reputation damage to our website.

 

LIMITATION OF LIABILITY

AYA PAPAYA shall not be responsible or liable for any special, incidental, indirect or consequential damages of any kind in connection with this Agreement, even if AYA PAPAYA has been informed in advance.

 

INDEMNITY

You agree to indemnify and hold AYA PAPAYA (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorney's fees, or arising out of or related to your breach of this T&C, or your violation of the rights of a 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 End user Agreement or arising out of 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 T&C.

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APPLICABLE LAW

This agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be in Mumbai.

 

JURISDICTIONAL ISSUES/SALE IN INDIA ONLY

Unless otherwise specified, the material on Ayapapaya.in is presented solely for the purpose of sale India. AYA PAPAYA makes no representation of the materials that are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India shall do so on their own will and AYA PAPAYA shall not be responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

 

SHIPPING AND DELIVERY

All products purchased from AYA PAPAYA shall be delivered to the user to the use by ayapapaya.in through a logistics partner or by AYA PAPAYA themselves by Ayapapaya.in. All deliveries where applicable shall be made on a best-efforts basis, and while AYA PAPAYA will endeavor to deliver the products on the dates intimated, AYA PAPAYA disclaims any claims or liabilities arising from any delay in this regard. The logistics partner supported by Ayapapaya.in will make a maximum of three attempts to deliver your order. In case the user is not reachable or does not accept delivery of products in these attempts the respective AYA PAPAYA reserves the right to cancel the order(s) at its discretion. An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location. Sometimes, delivery may take longer due to inter alia: bad weather flight delays political disruptions other unforeseen circumstances AYA PAPAYA shall not be held responsible and will bear no liability in case of failure or delay of delivering the products including any damage or loss caused to the products. Sometimes delivery may take longer due to inter alia: bad weather, flight delays, political disruptions, other unforeseen circumstances.

 

MISCELLANEOUS

Assignment: This Term shall not be assigned or otherwise transferred by the user. However, AYA PAPAYA's obligations under these terms are freely assignable or otherwise transferable by AYA PAPAYA to any third parties without the requirement of seeking the user’s prior consent. Severability: If any provision of these terms is void, or is so declared, such provision shall be severed. The terms shall otherwise remain in full force and effect. Waiver: Any failure or delay by a party to enforce or exercise any provision of these terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party. Relationship between the Parties: Nothing in these terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party. Force Majeure: If performance of any Service under these terms by AYA PAPAYA is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of AYA PAPAYA, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of AYA PAPAYA and could not have been prevented by reasonable precautions then AYA PAPAYA shall in to be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by AYA PAPAYA of its obligations herein.

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