Terms and Conditions
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Terms of Service
We reserve the right to update, change, or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. Your continued use of our website after such changes constitutes your acceptance of the updated TermsBy using our website, mobile site or app (the “Site”), you agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy, and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Site, or to products and services that we make available to you through the Site (all of which are deemed part of these Terms of Service). Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. Your accessing the Site for the limited and exclusive purpose of reviewing these Terms of Service does not constitute your “use” of the Site or agreement to be bound by these Terms of Service unless you further access or use the Site.
We reserve the right to update, change, or modify these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. Your continued use of our website after such changes constitutes your acceptance of the updated Terms , you may elect whether to accept the changes by continuing to use the Site, or terminate your account. By continuing to use the Site after we post any such changes of any material changes, you accept the Terms of Service, as modified.
We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.
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User Accounts :
Upon registration, you may choose your own password to access the Services through the tryomart website or apps.
Responsibility for Your Username and Password :
To use certain features of our Site, you will need a username and password to create an account. We reserve the right to reject or terminate the use of any username that we deem offensive or inappropriate. In addition, we also reserve the right to terminate the use of any username or account, or to deny access to the Site or any features of the Site, to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
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Rights and Restrictions Relating to Site Content :
The tryomart Website and APP are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site and the APP are provided solely for your personal noncommercial use. You may not use the Site and (or) the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. For information about requesting permission to reproduce or distribute materials from the Site, please contact us.
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Limitations on Linking and Framing :
You are free to establish a hypertext link to our Site so long as the link does not state or imply any sponsorship of your website or service by us or by our Site. However, you may not, without our prior written permission, frame or inline link any of the content of our Site, or incorporate into another website or other service any of our material, content or intellectual property.
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Access to Certain Features of Our Site or APP :
To access certain features of our Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as discussion forums, blogs, photo- and video-sharing pages or social networking features, you may also be asked to register with us on the form provided and such registration may require you to provide information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.
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Privacy :
We respect the privacy of the users of our Site. Please review our Privacy Policy. These Terms include and fully incorporate our Privacy Policy.
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Modifications to, or Discontinuation of, the Site :
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
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Disclaimers:
Throughout our Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.
Party sites are provided “As is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the site or any of its functions will be uninterrupted or error-free, that defects will be corrected, or that any part of this site, including bulletin boards, or the servers that make it available, are free of viruses or other harmful components.
We do not warrant or make any representations regarding the use or the results of the use of the site or materials on this site or on thirdparty sites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
You acknowledge that the provisions of this section are a material inducement and consideration to us to grant the license contained in this terms of service and to provide you with access to the site and services.
You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.
You acknowledge that by using the Site, you may incur charges from your wireless carrier, internet service provider or other method of internet or data access, and that payment of any such charges will be your sole responsibility. You agree that your use of the Site will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet or data access. We do not control network access. Your use of these networks may not be secure and may expose your personal information sent over such networks.
Your interactions with companies, organizations and/or individuals found on or through our Site, including any purchases, transactions, or other dealings, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such companies, organizations and/or individuals. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. You also agree that, if there is a dispute between users of this Site, or between a user and any third party, we are under no obligation to become involved, and you agree to release us and our affiliates from any claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such dispute and/or our Site.
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Limitation of Liability :
Under no circumstances, including, but not limited to, negligence, will we or our subsidiaries, parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, this site, including its materials, products, or services, or third-party materials, products, or services made available through this site, even if we are advised beforehand of the possibility of such damages. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our subsidiaries, parent companies and affiliates, is limited to the fullest extent permitted by such state law.) you specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site, or any materials, products, or services on the site, or with any of the site’s terms and conditions, your sole and exclusive remedy is to discontinue using the site.
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Suspension and Termination of Access:
You agree that, in our sole discretion, we may suspend or terminate your password, account (or any part thereof) or use of the Site, or any part of the Site, and remove and discard any materials that you submit to the Site, at any time, for any reason, without notice. You agree that we will not be liable to you or any third-party for any suspension or termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site. In the event that we suspend or terminate your access to and/or use of the Site, you will continue to be bound by the Terms of Service that were in effect as of the date of your suspension or termination.
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Notice of Copyright Infringement:
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending email to CustomerService email. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.
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Restrictions :
The Site is intended for use only over the age of 13. It may not comply with legal requirements of foreign countries. Other countries may have laws and regulatory requirements , you agree to the transfer and processing of any personal information you provide us . as set forth in the Privacy Policy under the law of your home country.
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SMS Messaging :
By submitting a service request, you agree that TRYOMART may send you informational text (SMS) messages as part of the normal business practice of TRYOMART. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from TRYOMART at any time by sending an email to CustomerService email. You acknowledge that by opting out of receiving text (SMS) messages from TRYOMART , your use of TRYOMART Services may be impacted.
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Payments :
All payments made on our website are processed securely through reputable payment gateways.
However, we cannot guarantee the security of third-party payment processors, and you agree to use them at your own risk.
b. In case of any payment discrepancies or issues, please contact our customer support team immediately, and we will strive to resolve the matter promptly.
Mediation :
If any disagreements or issues arise, both parties agree to seek resolution through mediation first. Mediation will be conducted by a neutral third party, and the goal is to find a mutually agreeable solution before resorting to arbitration or legal action.
Individual Resolution: Any disputes or claims related to this Agreement will be addressed individually, and neither party will initiate or participate in any class action.
Mediation Process: Disputes related to the Service will be resolved through a mediation process. The mediator will be a neutral party who will help facilitate communication and explore possible solutions to the disagreement.
Limited Awards: In case of any claims, the maximum amount of compensation will be limited to actual out-of-pocket expenses, up to a maximum of $3 per claim, without including attorneys' fees.
Waiver of Certain Damages: Both parties agree to waive claims for indirect, punitive, incidental, and consequential damages. The focus is on resolving the dispute and covering actual expenses rather than seeking additional damages.
Governing Law: Any issues regarding the interpretation and application of this Agreement will be governed by the laws of the relevant jurisdiction, without considering any conflicting rules.
By following this straightforward process and seeking mediation first, we aim to address any concerns or disputes in a fair and efficient manner, promoting a positive relationship between both parties.
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No Warranty:
we provides this website and its content "as is" and without any warranty, whether express, implied, or statutory. We do not make any representations or warranties regarding the accuracy, completeness, or reliability of the information on this website. Your use of this website is at your own risk.
We specifically disclaim any implied warranties of title, fitness for a particular purpose, and non-infringement. We do not guarantee that this website will be accessible without interruption or that it will be free from errors, defects, viruses, or other harmful components.
we shall not be liable for any damages or losses resulting from the use of this website or its content. We do not warrant the availability, accuracy, or reliability of any information provided on this website.
Your use of this website constitutes your acceptance of the "No Warranty" disclaimer. If your state does not allow the disclaimer of implied warranties, certain portions of this disclaimer may not apply to you.
Please take necessary precautions and use this website responsibly. For any concerns or issues, please contact our customer support team at customer support email.
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Limitation of Liability:
IN NO EVENT WILL WE BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES), ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, THE INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE OR ITS CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN WHICH CASE PORTIONS OF THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WE BE LIABLE OR RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEB SITE, INCLUDING, WITHOUT LIMITATION, ERRORS IN PRICING OR AVAILABILITY OF SERVICES AND PRODUCTS, OR DAMAGES THAT MAY RESULT FROM MISREPRESENTATION OF AGE BY A USER OF THIS WEBSITE.
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General:
Intellectual property Rights:
Content is protected by copyright, trademark, and other laws of the foreign countries, and international conventions. Except as expressly provided in these Terms, tryomart and its licensors exclusively own all right, title, and interest in and to the Platform and tryomart Content, including all associated intellectual property rights. All trademarks, logos, trade names and any other proprietary designations of tryomart.com used herein are trademarks or registered trademarks of tryomart.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
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No Endorsement:
we does not endorse, recommend, or warrant any products, services, or content offered or provided by third parties that may be linked to or referenced on our website.
Any links or references to third-party websites, products, or services are provided for informational purposes only. tryomart.com is not responsible for the accuracy, reliability, or quality of any information, products, or services offered by these third parties.
Your interaction with any third-party websites, products, or services is at your own risk. We do not make any representations or warranties regarding the safety, quality, or suitability of any third-party products or services.
It is your responsibility to conduct due diligence and make informed decisions when engaging with third-party websites or purchasing products or services from them.
we shall not be liable for any damages or losses arising from your use or reliance on any third-party websites, products, or services.
If you have any questions or concerns about the content or offerings of third-party websites, please contact the respective third parties directly.
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Usage Restrictions:
You may not copy, distribute, or transmit any of the content of this website without our prior written consent. You may, however, make one copy of any material on this website for personal, non-commercial use provided that you neither modify nor alter the material in any way, nor delete or change any copyright or trademark notice. We reserve complete title and full intellectual property rights for materials copied from this website. We provide the content of this website for lawful purposes only.
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this website. We reserve the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of this website, or any other systems or networks connected to this website or to any of our servers, or to any of the services offered on or through this website, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of this website or any network connected to this website, nor breach the security or authentication measures on this website or any network connected to this website. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this website or any transaction being conducted on this website, or with any other person’s use of this website.
You may not use this website or any of its content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or the rights of others.
We cannot and do not guarantee or warrant that files made available for downloading through this website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. By accessing this website, you acknowledge and agree that it is your responsibility to implement sufficient safeguards and procedures to ensure that any files obtained through this website are free from such contamination.
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Feedback:
By sending us any feedback, comments, questions, or suggestions concerning tryomart.com or our services, including the Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against tryomart.com and its users any claims and assertions of any moral rights contained in such Feedback.
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Copyright policy:
We expect users to respect copyright law. In appropriate circumstances we will terminate the Account of any user who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. This Feedback section shall survive any termination of your Account or the Platform.
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Call Recording:
You acknowledge and agree that tryomart may monitor and/or record any telephone calls between you and tryomart.
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Links to Other Sites:
This website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the companies or the content of any linked third-party websites. We do not control nor are we responsible for the content of linked third-party websites, and we make no representations regarding the content or accuracy of materials on the linked third-party websites. If you access any linked third-party websites, then you do so at your own risk.
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International Use:
Given the global nature of the Internet, you agree to comply with all local rules, including, without limitation, rules about the Internet, data, email, privacy, copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country or the country in which you reside.
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Entire Agreement:
These Terms of Use constitute the entire agreement between you and us regarding this website. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding this website. No modification of these Terms of Use will be effective unless we authorize it.
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Additional Terms:
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. If any of these terms shall be deemed invalid, void or, for any reason, unenforceable, that term shall be deemed severable and shall not affect the validity or enforceability of any remaining term. Any rights not expressly granted herein are reserved.
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Sanctions for violation of These terms:
Without limiting any other rights reserved herein, tryomart.com may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and tryomart, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
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Account Suspension or Termination:
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your tryomart Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from tryomart support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, or cancelled, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the account deleting steps , Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Platform, including, but not limited to, any reviews.
Force Majeure:
we shall not be liable for any failure to perform or delay in performing its obligations under these terms and conditions if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to acts of nature, government actions, fires, floods, or power outages.
Language:
The official language of these terms and conditions and all communication between you and tryomart.com shall be in english.
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Contact Information :
Customer Support Email : tryomartcare@gmail.com
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These Terms and Conditions were last updated on 24th day of October 2023.
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