Terms of Service
Welcome to Myna! The terms "we", "us" and "our" refer to Myna. Myna operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Myna is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (the "Terms"), together with any policies referenced herein, describe your rights and responsibilities when you use the Services. Please read them carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access our Services.
These Terms are made and construed in accordance with the laws of India, including the Consumer Protection Act, 2019 and the Consumer Protection (E-Commerce) Rules, 2020, the Sale of Goods Act, 1930, the Information Technology Act, 2000, and the Indian Contract Act, 1872.
01Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, you may be asked to provide information such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all account activity, and you may not transfer, sell, assign, or license your account to any other person.
02Our Products
We have made every effort to accurately represent our products and services. However, colours or product appearance may differ from how they appear on your screen due to your device and its settings. Minor, inherent variations in our jewellery are natural and are not defects. All product descriptions are subject to change at any time without notice, and we reserve the right to discontinue any product or limit quantities on a case-by-case basis.
03Orders
When you place an order, you are making an offer to purchase. Myna reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Myna confirms acceptance, and we must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. Your purchases are subject to return or exchange solely in accordance with our Refund & Return Policy. You represent that your purchases are for personal or household use and not for commercial resale or export.
04Prices and Billing
Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and set out in your order confirmation. Unless expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update it. You represent that the payment information you provide is true, that you are authorised to use it, and that you will pay all charges incurred at the posted prices, including shipping and applicable taxes.
05Shipping and Delivery
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed, and we are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
06Intellectual Property
Our Services, including all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Myna, its affiliates or licensors and are protected by Indian and foreign copyright and other intellectual property laws. These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, publicly display, republish, download, store or transmit any material without our prior written consent. Myna's names, logos, designs and slogans are trademarks of Myna and must not be used without prior written permission. All rights not expressly granted are reserved.
07Optional Tools
You may be provided access to third-party tools which we neither monitor nor control. We provide access to such tools "as is" and "as available" without warranties of any kind and without endorsement. Any use of these optional tools is entirely at your own risk and discretion.
08Third-Party Links
The Services may contain links to websites operated by third parties. We are not responsible for examining or evaluating their content or accuracy, and we are not liable for any harm related to your access of them. Please review the third party's policies before engaging in any transaction.
09Relationship with Shopify
Myna is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Myna. By using the Services, you acknowledge that Shopify is not responsible for any aspect of any sales between you and Myna, including any injury, damage, or loss resulting from purchased products and services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Myna.
10Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve them.
11Feedback
If you submit any ideas, suggestions, feedback, reviews, proposals or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use. You represent that you own or have all necessary rights to your Feedback and that it will not violate these Terms or any third-party right. We are under no obligation to keep Feedback confidential, pay for it, or respond to it, and may remove Feedback we determine to be objectionable.
12Errors, Inaccuracies and Omissions
Occasionally there may be information in the Services containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
13Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose; to violate any laws or regulations; to infringe intellectual property rights; to harass, abuse, defame or harm any person; to transmit false or misleading information; to send spam or unsolicited advertising; to impersonate any person or entity; or to engage in any conduct that restricts anyone's use of the Services. You also agree not to upload viruses or malicious code; reproduce, resell or exploit any portion of the Services; collect others' personal information; or use any robot, spider, scraper, data-extraction tool or automated means to access the Services. We reserve the right to suspend, disable or terminate your account at any time if you violate these Terms.
14Agents
This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity. No Agent may access the Services unless it identifies itself and operates in strict accordance with our requirements including identifying that requests come from an Agent, not concealing its nature, not mimicking human behaviour or circumventing measures intended to distinguish computer use from humans, and not bypassing measures intended to control Agent access. We may limit, including by technical measures, whether and how any Agent accesses the Services.
15Termination
We may terminate this agreement or your access to the Services in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability and Governing Law will continue to apply.
16Disclaimer of Warranties
The information presented through the Services is made available solely for general information purposes, and any reliance you place on it is at your own risk. Except as expressly stated by Myna, the Services and all products are provided "as is" and "as available", without any representation, warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
17Limitation of Liability
To the fullest extent provided by law, in no case shall Myna, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind including lost profits, lost revenue, lost savings, loss of data, or replacement costs whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Services or any products procured using the Services, even if advised of their possibility.
18Indemnification
You agree to indemnify, defend and hold harmless Myna, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms, your violation of any law or the rights of a third party, or your access to and use of the Services.
19Severability
If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of the remaining provisions.
20Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements. Any ambiguities shall not be construed against the drafting party.
21Assignment
You may not delegate, transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
22Governing Law and Jurisdiction
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts of Indore, Madhya Pradesh, India. You and Myna consent to venue and personal jurisdiction in such courts.
23Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
24Changes to Terms of Service
You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use of the Services following any changes constitutes acceptance of those changes.
25Grievance Redressal & Contact
In accordance with the Consumer Protection (E-Commerce) Rules, 2020 and the Information Technology Act, 2000, any complaints or questions regarding these Terms may be addressed to our Grievance Officer, who will acknowledge your complaint within 48 hours and endeavour to resolve it within one month of receipt.