This disclaimer applies to all Users and to all those to whom Pokyshop (hereinafter “Pokyshop” and having the website www.Pokyshop.com) has agreed to provide Services and to all Persons accessing or using the Website in any manner.
All capitalized terms not defined herein shall have the meanings assigned to them under the Terms and Conditions of Use as available on www.Pokyshop.com
General / Services
The content available on the Website is provided on an "as is where is" / "as available" basis, is for general information purposes alone and without warranties or representations of any kind, either express or implied.
Pokyshop does not make any warranty as to the results or efficacy that may be obtained from the use of the Services, nor do we guarantee that the Services shall serve the User’s purposes or meet the User’s needs.
Except to the extent expressly stated in the Terms and Conditions of Use, Pokyshop hereby expressly disclaims all implied or other warranties of any nature whatsoever (including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement of third party rights, completeness, quality or accuracy of the information, update or correctness of the information, freedom from computer viruses, bug, worms or other malicious software of any nature, other violation of rights regarding services, Products, Services, material and contents of Pokyshop) in relation to the use of its Website, Products, Services, or otherwise. Pokyshop specifically disclaims any liability of any nature whatsoever arising out of or in connection with the Services, Products, Sellers or the access of the Website.
Nothing contained in the Website shall be construed as inducement or invitation by Pokyshop to use any Products, Service, process or information in violation of any third party rights of any nature (including intellectual property rights) or to accept any offer or as an endorsement or recommendation by Pokyshop of any Services or Sellers or User.
The User shall be solely responsible for all risks and consequences on account of access of the Website, use of the Services availed through the Website or interactions with other Users.
Security, Access and Communications
The Website may be accessed through several hardware including, but not limited to, personal computers, tablets and mobile phones. The terms of this document shall be applicable to access by the User through any medium.
While Pokyshop has taken reasonable steps to ensure the security of the Website, we do not guarantee that the Website will be safe or secure when accessed, or free from viruses or other malicious or harmful software, data corruption, theft, interception, unauthorized access or tampering, or from the failure, malfunctioning or delay by telephone or network links, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or servers on account of technical problems or traffic congestion on the Internet. Pokyshop shall therefore not be responsible under any circumstances whatsoever for any losses or damages caused to a User on account of accessing the Website, downloading any material therefrom or the aforementioned or for correcting any defects in the Website (unless specifically agreed to in writing) within any specified time.
Pokyshop does not guarantee that the Services/access of the Website shall be uninterrupted, timely, and free from disruptions or errors. Pokyshop shall further not be liable in the event of any delay in the transmission of any information or messages from Pokyshop or its servers, including those sent to a User, or for any loss of information on account of any delay or disruption of the access to the Website.
The User is solely responsible for maintaining confidentiality of the Registered Account and information and activities pertaining thereto, and shall be solely responsible for carrying out any online or off-line transaction involving credit cards / debit cards or such other forms of instruments or payment instructions or documents for making such transactions. Pokyshop shall not be liable for any improper use of information relating to such usage of credit cards / debit cards used by the User online / off-line.
Every User shall also ensure full compliance with all Applicable Laws pertaining to the access of the Website, system, technical or security requirements for access of the Website and Pokyshop shall not be responsible for any non-compliance thereof.
The User shall be liable to bear the costs of access to the Website, including the downloading fees by third party, airtime and ISP connection costs.
Location of Access and Services
This Website is controlled and operated from India. Users outside of India may also access the Website and/or avail of the Services at their own risk. Pokyshop makes no representation that the contents of this Website comply with the laws of other countries or are appropriate for access from other countries. Users accessing the Website from outside India shall be solely responsible for ensuring that such access is compliant with the laws of their country (as well as other international treaties, if applicable) and does not violate the laws of such Users’ country.
However, access to the Website or the Services may be restricted in certain regions or the type of access or Services may vary from region to region. Pokyshop does not make any warranty or representation that a User in one region may also obtain the Services as provided in another region. In the event that this Website contains references to Sellers, Products, programs or Services that are not announced or available in a certain country or region, it shall not be construed that Pokyshop intends to announce, launch or provide such Products, programs or Services in such country or region.
Accuracy of Data, Information and Advice; Identity and Interactions of Users
Liability for Information Uploaded or Posted
All information is accepted in good faith by Pokyshop, and Pokyshop shall not be responsible or liable for any information or listings posted by Users of the Website.
The User shall ensure that the User has full rights and authority to upload any information uploaded or displayed by the User on the Website at any time and that the same does not violate any laws. Every User posting any information on the Website shall be solely responsible for the accuracy thereof, for compliance with all applicable laws and ensuring system or technical requirements, and shall be solely liable for all or any losses, damages or proceedings (whether civil or criminal) on account of any information posted violating third party rights or laws in force. All information or other data posted or uploaded to the Website shall be at the User’s sole risk.
Pokyshop shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User or uploaded by the User and/or information relating to or regarding online transactions using credit cards/debit cards and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
Liability for Information Accessed
Pokyshop makes no representations as to the correctness or authenticity of information provided on the Website by other Users. Every User shall further be solely responsible for verifying the accuracy of any information accessed on the Website for the User’s purposes, and Pokyshop shall not be liable for any losses incurred by any User with regard to information available on or transmitted through the Website, including, but not limited to, on account of any information, graphics or representations being inaccurate, incomplete, false, or in violation of any law or third party rights.
The User shall also be solely responsible for determining the appropriateness and/or suitability of any opinions, advice, Products and Services (including pre-launch offers) made available to the User on the Website or in relation to the provision of the Services and the User assumes full responsibility for the same.
Pokyshop does not, as a policy, edit, amend, review or otherwise modify content, data or information that is uploaded or posted by a User for veracity, accuracy or any other reason. However, in the event that any information is incorrect or inaccurate, Pokyshop shall endeavour to remove the same within a reasonable period from the Website. All complaints with regard to false, incomplete or inaccurate information must be addressed to support@Pokyshop.com.
The foregoing shall not limit Pokyshop’s right to, at its sole discretion, remove any content posted or refuse to post any information, for any reason deemed fit by Pokyshop, including for compliance with legal requirements or any industry or other standards, Pokyshop’s policies, third party rights, safety, security or moral reasons, and the User shall have no claim against Pokyshop on account of such removal or refusals.
Disputes with Third Parties or Other Users
Pokyshop shall not be liable or obliged to participate, mediate, settle, arbitrate or otherwise intervene in any disputes between Users, Sellers, and Buyers who avail the Products, Services, and third parties inter se. In the event of such a dispute arising, such Users, Sellers, Buyers availing the Services, Products, and third parties shall not make any claims upon Pokyshop for any losses or damages for any reason whatsoever or involve Pokyshop in such dispute, legal proceedings, arbitration proceedings, conciliations or other process involved in the dispute or dispute settlement for any reason whatsoever.
Pokyshop shall not be liable for the actions, content, information, or data of third parties, and the User shall release Pokyshop, its directors, officers, employees, and agents from any losses, claims and damages (whether direct or indirect), known and unknown, arising out of or in any way connected with any claim which the User may have against any third-party websites, Users or other third parties.
In the event that Pokyshop is compelled to be involved in any suits, actions or proceedings with third parties, then Pokyshop shall be indemnified for all costs, charges and damages of any nature whatsoever (including court fees, professional fees and related costs) incurred in defending such proceedings.
Limitation Of Liablity
The liability of Pokyshop shall be limited as stated in the Terms and Conditions of Use as available on www.Pokyshop.com