ACCEPTANCE OF AGREEMENT
Thank you for visiting and using GetMyCouch. Thank you for visiting and using GetMyCouch. This is an agreement between you ("you" or "your") and website www.getmycouch.com and instances thereof ("we, "us", "GetMyCouch") Northtech Internet Private Limited ("Company" or "GetMyCouch"), a company incorporated under the Companies Act, 1956, that governs your use of the www.getmycouch.com website, mobile apps and any related tools and services (collectively, the "Services"), describe the terms on which the Company offers You acccess to the Website.
By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
"Buyer" means a User who buys an Item from a Posting via the Services. "Seller" means the owner of an Item listed via the Services. "Item" means a product listed for sale or purchased buy Buyer. "Posting" means a product that is listed by a Seller as available for sale via the services. "User" means a person who visits our websites, completes GetMyCouch account registration process, or uses the Services in any other respect and include but are not limited to Sellers and Buyers.
As a condition to your use of the Services, you agree to abide by the following procedures and guidelines when engaging in the sale or purchase of any item. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. It is important to note that GetMyCouch's involvement is limited to that of a platform provider facilitating the transactions between a Seller and Buyer, and as such, GetMyCouch is not, and shall not be deemed to be, the agent of either party for any purpose. The following describes and explains the procedure to be followed in connection with a typical purchase completed via the Service:
1. Seller lists an Item for sale by submitting a posting to the Service. The Posting should be accurate, complete and convey in all material respects to nature, quality and price of the Item, along with any other information reasonably required in order for a Buyer to make an informed purchasing decision with respect to such Item. Upon successful transaction, GetMyCouch will deduct 19% fee from the listed Item's price before transferring the relevant Proceeds to the Seller. GetMyCouch reserves the right to review any Posting and to accept or reject it in its sole discretion. Prior to rejecting a Posting, GetMyCouch may, but need not, provide the Seller with an opportunity to correct or edit the Posting. Seller shall remain solely responsible for the Posting and its contents and for any liability arising therefrom.
2. Buyer purchases the Item using GetMyCouch's Services. To complete the purchase, Buyer accepts and authorizes GetMyCouch to charge Buyer's payment method on file for the full amount of any associated Proceeds and Fees.
3. GetMyCouch notifies Seller about Buyer's purchase request.
4. Seller responds to GetMyCouch within 24 hours from GetMyCouch's notification. If Seller does not respond within 24 hours, the order is subject to cancellation by GetMyCouch.
5. Once Seller accepts Buyer's purchase request, payment will be automatically charged to Buyer's credit card and GetMyCouch's delivery team will contact both Buyer and Seller to arrange for delivery. Delivery will be made within 7 working days from the date of purchase, subject to Seller's availability. Buyer and Seller are responsible for being available and present at the scheduled time for pick up or the delivery of the Item. In the event Seller is not available during the scheduled time, Buyer or Seller shall be responsible for paying GetMyCouch re-delivery charge which amount will be informed by GetMyCouch thereafter.
6. Buyer receives Item. If Buyer reports no problems with the Item after GetMyCouch's delivery persons leave Buyer's residence, the transaction becomes complete, GetMyCouch transfers the relevant Proceeds to the Seller's account and GetMyCouch retains any relevant Fees paid by Buyer.
RETURNS & REFUND POLICY
While GetMyCouch's delivery team will do quality check for all Items, Buyer is still responsible for inspecting the Item's final quality once Item is delivered. Buyer can inform GetMyCouch about any problems associated with the condition of the Item within the Review Period that is defined as from the time Item is delivered until GetMyCouch's delivery persons leave the Buyer's residence. An Item may be rejected by Buyer only if the Item contains a Material Defect, defined to mean for purposes of these Terms any failure of an Item to conform materially with the description of the Item provided by Seller in the relevant Posting or any extra details informed by GetMyCouch representatives.
GetMyCouch issues a full refund for the following Material Defects: (1) Big cracks or tears of more than 10cm. (2) Unremovable stain of more than 5 cm (3) Worn out mattresses and sofas. (4) Broken wood. GetMyCouch does not issue refund for minor Material Defects such as but not limited to small scratch and washable stain.
Proceeds will be released by GetMyCouch to Seller if the Review Period ends without Buyer informing GetMyCouch of any Material Defects, after which the transaction shall be deemed complete and not refundable. Buyer agrees to waive any and all claims for chargebacks, reimbursements, Material Defects or transaction cancelations once the transaction is complete. If the Buyer brings a Material Defect to GetMyCouch's attention before the end of the Review Period and should GetMyCouch determine, in its sole discretion that it is a valid Material Defect, GetMyCouch will cancel the transaction and reimburse Buyer for the full amount of Any Proceeds and Fees paid for the relevant Item. Reimbursement will take 7 working days from the time the refund request is accepted. GetMyCouch will return the item to Seller and Seller shall pay GetMyCouch the delivery fee incurred in the transaction, as well as for the additional fee associated with returning the Item to Seller. If GetMyCouch determines in its sole discretion that defects reported by Buyer is not a valid Material Defect, the transaction will be deemed complete, GetMyCouch will transfer the Proceeds to Seller's account and Buyer will not have any further rights to reimbursement for any payments made for the item.
In the event of the purchase of set items such as mattress and bed frame, and only one of the Items has Material Defects and Buyer wish to keep the rest of the Items, GetMyCouch will provide a partial refund with final amount decided in GetMyCouch's sole discretion.
GetMyCouch offers Free Delivery service for any Residence with life access in Delhi/NCR unless otherwise informed by GetMyCouch representatives. Delivery will be made within 7 working days from the date of purchased subject to Seller's availability. Free Delivery includes Item pick-up, delivery and set-up at Buyer's residence. If purchased items won't fit in Buyer's lift after dismantling, additional charge will be incurred and paid immediately by cash to GetMyCouch's delivery persons upon arrival. Free Delivery does not cover removing or dismantling of old furniture to accommodate Item purchased from GetMyCouch.
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINES OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
PRICE AND SERVICES MODIFICATION
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns and Refunds Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall GetMyCouch, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless GetMyCouch and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
CHANGES TO TERMS AND SERVICES
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
To ask questions about these Terms or about the Services, please contact us at email@example.com.