Conditions of Use
www.gonaughty.co (“Gonaughty”). Gonaughty website is owned and operated by MKART EXPRESS (“We” or “Licensee”) by the licensor to facilitate Your (“You” or “Your”) online shopping of intimate lifestyle products.
Please read the terms carefully before using or accessing any material, information or services through the Gonaughty website. Your use of the Gonaughty website or the services provided by the Gonaughty website shall signify Your acceptance of the terms and Your agreement to be legally bound by the same.
You certify that you are atleast 18 years of age/the age of majority as per the laws applicable in your area and/or jurisdiction (whichever is higher). By placing an order for any of the Products You confirm that You (and, if different, the recipient of the Product) satisfy the age requirements necessary to buy that Product from our Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that You are competent to enter into valid legal contracts as per the laws applicable in Your area and/or jurisdiction.You may not use our Products for any illegal or unauthorised purpose nor may You, in the use of the Products, violate any laws in your jurisdiction (including but not limited to intellectual property rights laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation will result in immediate termination of services and You might be subjected to any legal action. If You are availing of the Products from the Website, You further warrant that the You have legal authority to enter into other binding agreements for the same. You agree to be financially responsible for all of the Your use of the Products and access of the Website (as well as for use of Your account by others). You also warrant that all information supplied by You in availing the Products and accessing the Website, including without limitation the User's name, email address, street address, telephone number, mobile number, credit/debit card number and other payment details is correct and accurate. Failure to provide accurate information may subject You to civil and criminal penalties. This Agreement and/or any of the provision is void and/or prohibited by law, the right to access the Website is revoked in such jurisdictions.
2.1 Gonaughty grants You a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it.
2.2 This right to access cannot be extended to include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website 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 website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
2.3 You may not frame or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Gonaughty without express written consent or the Licensee. You may not use any metatags or any other ‘hidden text’ utilizing ‘Gonaughty’ or its affiliates names or trademarks without the express written consent of the Licensee. Any unauthorised use would lead to termination of the right to access granted by the Licensee.
2.4 You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page at Gonaughty as long as the link does not portray the Licensee, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Gonaughty logo or other proprietary graphic or trademark as part of the link without the express written consent of the Licensee.
2.5 You must not use the Gonaughty website in any way that causes, or may be likely to cause damage or impairment to the website or interrupt free access to it in any way. You must not use the Gonaughty website to host, display, upload, modify, publish, transmit, update or share any information that:
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, paedophilic, libellous, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and
(i) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
Gonaughty and other marks indicated on our website are trademarks or registered trademarks of the licensor in the Indian jurisdictions. All other trademarks not owned by the licensor that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the licensor.
4. COPYRIGHT AND DATABASE RIGHTS
4.1 All content included on the Gonaughty website, such as photographs, text, graphics, logos, button icons, images and software, is the property of the Licensee, its affiliates or its content suppliers.
4.2 The compilation of all content on this Gonaughty website is the exclusive property of the Licensee.
4.3 All software used on this website is the property of Licensee or our software suppliers. You may not systematically extract and/or re-utilize parts of the contents of the Gonaughty website without the Licensee’s express written consent. In particular, You may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this website, without the Licensee’s express written consent.
4.4 You may not create and/or publish Your own database that features substantial parts of this website (e.g. our prices and product listings) without the Licensee’s express written consent.
4.5 Licensee respects the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please write to us at firstname.lastname@example.org
5. PRICING AND AVAILABILITY
Despite our best efforts, a small number of the thousands of products in our catalogue may be mispriced. If a product’s correct price is lower than our stated price, we charge the lower amount and send You the product. If a product’s correct price is higher than our stated price, we will, at our discretion, either contact You for instructions before dispatch or cancel Your order and notify You of such cancellation.
Please review our Returns Policy , which applies to products purchased from this Gonaughty.
7. OUR SERVICES CONTRACT
When You place an order to purchase a product from Gonaughty, we will send You an email confirming the receipt of Your order and containing the details of Your order. That email will also confirm the cost of delivery which will be added to the purchase price of the product. Your order represents an offer to us to purchase a product which is accepted by us only when we dispatch that product to You and the same is confirmed by an email we send to You, stating that we have dispatched the goods (the ‘Shipment Confirmation E-mail’). The acceptance will be complete at the time we send the Shipment Confirmation Email to You. Any products on the same order which we have not confirmed in a Shipment Confirmation Email do not form part of that contract. You are seeking to enter into an agreement with the Licensee, when You place an order.
9. AMENDMENT TO CONDITIONS
10. WITHDRAWAL OF SERVICES
We shall prior to the collection of information including sensitive personal data or Personal Information, provide an option to You not to provide the data or information sought to be collected. You shall, at any time while availing the services or otherwise, also have an option to withdraw Your consent given earlier to the Licensee. Such withdrawal of the consent shall be sent in writing to the Licensee. In the case Your not providing or later on withdrawing the consent, the Licensee shall have the option not to provide goods or services for which the said information was sought.
11. DISCLAIMER AND LIMITATION OF LIABILITY
11.3 In no event will the Licensee or its affiliate’s be liable for any third party product or services. The advertisements available on e-mail or website with respect to any third party website or the products and services are for information purpose only.
11.4 You hereby indemnify, defend, and hold the Licensee, the distributors, agents, representatives and other authorized users of the Licensee, harmless from and against any and all losses, damages, liabilities and costs arising from Your use of the service.
13. GOVERNING LAW AND JURISDICTION
All notices and other communications required or permitted hereunder to be given to a party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as the party shall have furnished to the other party in writing in accordance with this provision: If to Gonaughty: email@example.com If to You: at the email address provided by You to us when You registered as a Gonaughty User.
17. COMPLETE UNDERSTANDING