Graphy Platform - Terms and Conditions
Please read this Agreement and all other rules and policies made available or published on the Platform as they shall govern your use of the Platform and the services offered therein. Versions of the above-mentioned policies and terms are available on Graphy website and/or mobile application for your reference and to understand how we handle your personal information. By using or visiting the Platform and services provided to you on, from, or through the Platform, you signify your agreement to this Agreement and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the Platform.
The terms of this Agreement will require change from time to time. Accordingly, we reserve the right to change the terms of this Agreement at any time in our sole discretion. We will post the new terms with a revision date indicated at the top or if deemed practicable, we may notify you of such changes by sending an email to the email address then registered for your account on the Platform, unless you have instructed us not to; notwithstanding the foregoing, you should check our Platform frequently to see recent changes.
About Graphy Platform
The Graphy website and mobile application is owned, registered and operated bySorting Hat Technologies Private Limited,a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore-560 071, India, (hereinafter referred to as “us” or “we” or “our” or “Company”).
In this Agreement, the following words, expressions, and abbreviations shall have the following meanings, unless the context otherwise requires. All other terms when used with capitalized first letter but not defined herein below shall, unless repugnant to the context thereof, have the meaning ascribed to such terms elsewhere under this Agreement:
Registration: To access the Platform and use the services provided therein, you will need to register yourself on the Platform by providing the information required therein.. The registration in itself is free, however, products /services offered therein may be chargeable. Notwithstanding the foregoing, by registering yourself on the Platform, you are not obligated to purchase any product or service offered therein.
Your Account: If you use the Platform, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. Youagree and acknowledge that you will use your account to purchase the Graphy and/or avail Subscription on the Platform, only for your personal use and not for business purposes.
Company reserves the right to refuse access to the Platform, terminate accounts, remove or edit content at any time without notice to you.
Further, In order to access and/or download the Graphy(s), you will need to use a Supported/Compatible Device i.e., personal computer, portable media player, or other device that meets the system and compatibility requirements. The Supported/Compatible Devices may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that you use is compatible with our system/software to use the Platform and avail the services offered therein.
E-Platform for Communication: You agree, understand and acknowledge that the Platform that enables you to purchase products listed therein and/or subscribe to the Platform, at the price indicated therein at any time from any location. You further agree and acknowledge that the Company is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Platform. Accordingly, the contract of sale of products on the Platform shall be a strictly bipartite contract between you and the Graphers on the Platform, however, if you avail the Subscription, only to the extent of such Subscription, your contract will be with the Company and such Subscription shall be subject to the Subscription Terms https://graphyapp.co/terms
Access to the Platform: We will do our utmost to ensure that availability of the Platform will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the Platform may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
License for Platform access: Subject to your compliance with this Agreement, the Company grants you a limited license to access and make personal use of this Platform, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of this Platform, its content or the Graphy; any collection and use of any Graphy listings, descriptions, or prices; any derivative use of this Platform or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This Platform or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Company and / or its affiliates, as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and/or the Platform, without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.
Your Conduct: You must not use the Platform in any way that causes, or is likely to cause, the Platform or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not the Company, are responsible for all electronic communications and content sent from your device to us and you must use the Platform for lawful purposes only. You must not use the Platform forany of the following:
Reviews, comments, communications and other content: Users of this Platform may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. The Company reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of the Company violates this Agreement and, or terminate your permission to access or use this Platform.
If you do post content or submit material, and unless we indicate otherwise, you:
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of suchcontent and your right to object to derogatory treatment of such content.You agree to perform all further acts necessary to perfect any of the above rights granted by you to the Company, including the execution of deeds and documents, at its request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the Platform; that, as at the date that the content or material is submitted to Company: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Company policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify the Company for all claims brought by a third party against it or its affiliates arising out of or in connection witha breach of any of these warranties.
Claims against Objectionable Content: Because the Company lists lot of products for sale and/or use of such products through Subscription, as offered by Graphers on the Platform and hosts many thousands of comments, itis not possible for us to be aware of the contents of each product listed for sale and/or through Subscription on the Platform or be aware of each comment or review that is displayed. Accordingly, the Company operates on a "notice and takedown" basis. If you believe that any content on the Platform is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ("Objectionable Content"), please notify us immediately by writing to us firstname.lastname@example.org.Once we receive your email, the Company will make all reasonable endeavors to remove such Objectionable Content complained about within a reasonable time.
Copyright, Grapher's rights and database rights: All content included on the Platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this Platform is the exclusive property of the Company and is protected by laws of India and international copyright and database right laws. All software used on this Platform is the property of the Company or its software suppliers and is protected by India and international copyright and author' rights laws.
You may not systematically extract/ or re-utilize parts of the contents of the Platform without the Company’s express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this Platform, without the Company’s express written consent. You may also not create and/ or publish your own database that features substantial (e.g.: prices and product listings) parts of this Platform without the Company’s express written consent..
Intellectual Property Claims: The Company respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, the kindly write to us email@example.com with complete details.
Trademarks: GRAPHY, Graphy App, GraphyLOGO, and other marks indicated on our Platform are trademarks or registered trademarks of the Company. Graphy App's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of Graphy App. The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear on this Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
Disclaimer: You acknowledge and undertake that you are accessing the services on the Platform and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform. You further acknowledge and undertake that you will use the Platform to order products/ subscribe to the Platform, only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of Graphers nor any breach of conditions, representations or warranties by the Graphers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the Graphers or owners of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Graphy listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Platform. While we have taken precautions to avoid inaccuracies in content/Graphy, this Platform, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Platform and/or subscribe to the Platform. At no time shall any right, title or interest in the products made available through or displayed on the Platform vest with Company nor shall Company have any obligations or liabilities in respect of any transactions on the Platform.
Indemnity and Release: You shall indemnify and hold harmless the Company and its officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
You hereby expressly release the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Communications: When you visit the Platform, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the Platform or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the Platform and/or your order placed on the Platform.
Losses: We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Platform.
Alteration of Service or Amendments to the Conditions: We reserve the right to make changes to our Platform, policies, and this Agreement at any time. You will be subject to the policies and Agreement in force at the timethat you use the Platform or that you order Graphy from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Events beyond our reasonable control: We will not be held responsiblefor any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver: If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing law and Jurisdiction: These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.
Terms of Service
By using the Platform, purchasing or using any Graphy, or using any aspect of the Service, you agree to be bound by these terms of Service.
Use of Graphy:Upon your download or access of Graphy and payment of any applicable fees (including applicable taxes) either by purchase of each individual Graphy on the Platform or by Subscription at the prescribed subscription fee on the Platform, the Grapher grants you a non-exclusive right to view, use, and display such Graphy unlimited number of times, solely through the Platform or as otherwise permitted as part of the Service, solely on the number of Supported Devices specified in the Platform, and solely for your personal, non-commercial use. Graphy is licensed, not sold, to you by the Grapher. The Grapher may include additional terms for use within its Graphy. Those terms will also apply, but these Terms of Service will govern in the event of a conflict. Some Graphy, such as interactive or highly formatted content, may not be available to you on all Platform(s).
Limitations:Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Graphy or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Graphy. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Service.
Cancellations:You can access Graphy(s) on the Platform either by way of purchase of each individual Graphy on the Platform or by Subscription at the prescribed subscription fee on the Platform. In case of a purchase of any individual Graphy, the same cannot be cancelled or returned and in case of purchase of Subscription on the Platform, then you shall have the right to cancel further subscriptions/renewals thereof, however, Subscription once purchased cannot be cancelled and shall continue for the entire subscription period; there shall be no refund of the subscription fee.
Risk of Loss:Risk of loss for Graphy transfers when you download or access the Graphy.
Use of Graphy App: You may use the Platform only on Supported Devices.
Information Provided to Company:The Platform will provide Company with information about use of the Platform by you on your Supported Device and its interaction with Graphy and the Service (such as last page read, content archiving, available memory, up-time, log files, and signal strength). Information provided to Company may be stored on servers that are located outside the country in which you live. We will handle any information we receive is subject to this Agreement. Personal information transferred to countries outside of India, if any, will be transferred in accordance with this Agreement and as permitted by applicable data protection laws.
Information Provided To Others:You are responsible for any information you provide to others using the Service. Any information you provide to a third party will be subject to the privacy notice or any similar terms that the third party provides to you, and will not be subject to this Agreement.
Termination:Your rights under this Terms of Service will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Service, and Company may immediately revoke your access to the Service without refund of any fees. Company's failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of its rights.
Changes to Service; Amendments:We may modify, suspend, or discontinue the Service, in whole or in part, including adding or removing any Graphy from a Service, at any time without notice. We may amend any of this Agreement at our sole discretion by posting the revised terms. Your continued use of the Platform or any aspect of the Service after the effective date of the revised Agreement constitutes your acceptance of the terms.
Exclusion of LiabilityWithout limiting the exclusion of liability in this Agreement, (1) Company’s or our software licensors’ total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) arising out of or related to your use or inability to use the Platform will not exceed the amount of INR 1000 (Indian Rupees one thousand); and (2) in no event will our or any other Grapher's aggregate liability to you for compensation under this Agreement with respect to any claimrelating to all damages arising from your use of the Service (excluding the platform) exceed the amount you actually paid for the Graphy or for the aspect of the Service related to your claim for damages. Nothing in this paragraph affects your statutory rights as a consumer or any liability for death, personal injury, or fraud. These limitations will apply to you even if the remedies fail of their essential purpose.
GRAPHY SUBSCRIPTION TERMS & CONDITIONS (“Subscription Terms”)
For the purpose of this Agreement,“Temporary In-App Download” shall mean a feature provided with streaming of the Graphy on the Platform whereby (without being connected to the Internet) you will be allowed to access temporary copies of the Graphy saved in cache memory of Compatible Device used by you during such viewing or streaming of the Graphy on an earlier occasion through the Platform. Such temporary copy(ies) shall be rendered playable only in conjunction with the Platform and shall not be transferable to any other device or user/subscriber or be exploited inany other manner.
In the event you choose to cancel your Subscription on the Platform, then you shall have the right to cancel further subscriptions/renewals thereof, however, Subscription once purchased cannot be cancelled and shall continue for the entire subscription period; there shall be no refund of the subscription fee. Please refer to the Refund Policy.
In the event you choose to renew a subscription again at any time, you will be able to access your old status and reading lists. However, if you choose to delete your entire account, all data therein will be deleted irrevocably.
The Platform has integrated with third-party service providers to enable you to make payment. Accordingly, it is hereby clarified that all subscriptions are purchasedthrough such third-party payment gateways/service providers and we do not capture and/or store any of your sensitive personal information.While making payments through such third-party payment gateways/service providers kindly ensure to read through their terms and conditions.
Please read the Agreement (including Platform and Subscription Terms And Conditions) carefully before purchasing a Graphy or subscribing to any of the subscription plans on the Platform, as once you have purchased/subscribed you cannot change, cancel your purchase/ subscription plan. Once you purchase/subscribe and make the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.
The information we learn from customers helps us personalize and continually improve your shopping experience at Platform. We use your information to assist sellers in handling orders, delivery of services, process payments, communicate with you about orders, products, services and promotional offers, update our records and generally maintain your accounts with us, display content such as wish lists and customer reviews and recommend merchandise and services that might be of interest to you. We also use this information to improve our Platform, prevent or detect fraud or abuses of our Platform and enable third parties to carry out technical, logistical or other functions on our behalf.
Here are the types of information we gather.
Information You Give Us:We receive and store any information you enter on our Platform or give us in any other way. You can choose not to provide certain information but then you might not be able to take advantage of many of our features. We use the information that you provide forsuch purposes as responding to your requests, customizing future shopping for you, improving our platform, and communicating with you.
Automatic Information:We receive and store certain types of information whenever you interact with us. For example, like many mobile applications/platforms, we use "cookies”, and we obtain certain types of information when your Web browser accesses Platform or advertisements and other content served by or on behalf of Platform on other Web sites. We may also receive/store information about your location and your mobile device, including a unique identifier for your device. We may use this information for internal analysis and to provide you with location-based services, such as advertising, search results, and other personalized content.
E-mail Communications:To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Platform if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your Platform settings accordingly.
Information from Other Sources:We might receive information about you from other sources and add it to our account information.
By using or continuing to use the site you agree to our use of your information (including sensitive personal information) in accordance with this Agreement, as may be amended from time to time by Platform in its discretion. You also agree and consent to us collecting, storing, processing, transferring and sharing information (including sensitive personal information) related to you with third parties or service providers for the purposes as set out in this Agreement.
We may be required to share the aforesaid information with government authorities and agencies for the purposes of verification of identity or for prevention, detection or investigation, including of cyber incidents, prosecution and punishment of offences. You agree and consent for Graphy App to disclose your information, if so required, under applicable law.
Cookies:Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your Web browser to enable our systems to recognize your browser and to provide features such as recommended for You, personalized advertisements on other.
Information Sharing:Information about our customers is an important part of our business and we are not in the business of selling it to others. Platform shares customer information only as described below.
On unaffiliated sites, Platform may display interest-based advertising using information you make available to us when you interact with the Platform, content, or services. Interest-based ads, also sometimes referred to as personalized or targeted ads, are displayed to you based on information from activities such as purchase, visiting sites that contain Graphy App content or ads. In providing interest-based ads, we follow applicable laws.
We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalized ad or content are part of the group that the ad or content is directed towards (for example, users in eastern India who bought or browsed for literature books). Also, some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.
Access to Information: Platform gives you access to a broad range of information about your account and your interactions with Graphy App for the limited purpose of viewing and, in certain cases, updating that information. This list will change as our Platform evolves.
Use by Minor: Use of Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Platform only with the involvement of aparent or guardian.
Notices and Revisions: If you have any concern about privacy or grievances at Platform, please register your complaintwith a thorough description via e-mail to firstname.lastname@example.org addressed to our grievance officer Ms.Brahmi Chandrasekaran (Manager-Legal) or via a registered post to Maruti Infotech Centre, 3rd Floor, A-Block, Domlur, Koramangala Inner Ring Road, Bangalore-560 071. We will try to resolve the issue for you.
Our business changes constantly and our Agreement will change also. We may e-mail periodic reminders of our notices and conditions, unless you have instructed us not to, but you should check our Platform frequently to see recent changes.
Unless stated otherwise, our current Agreement applies to all information that we have about you and your account. We stand behind the promises we make, however, and will never materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.