4.2 As our office is in India, we have complied with applicable laws of India in making the Website and its content available to you. In the event the Website is accessed from outside India, it shall be entirely at your risk. We make no representation that the Website and its contents are available or otherwise suitable for use outside India. If you choose to access or use the Website from or in locations outside India, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
4.4 You understand and agree that the use of the Website does not include the provision of the Devices or other necessary equipment to access it. You also understand and acknowledge that the use of the Website requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Website and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
4.5 By using the Website and purchasing products listed on the Website, you represent and warrant that:
(i) All information that you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
(ii) Your use of the Website shall be solely for your personal use and you shall not authorize others to use your profile or email address and that you are solely responsible for all content published or displayed through any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that:
(a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person;
(b) is bigoted, hateful, or racially or otherwise offensive;
(c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit;
(d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
(v) You will not
(a) use any services provided by the Website for commercial purposes of any kind, or
(b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact [insert email address].
(vi) You will not use the Website in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Website or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Website.
(viii) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
(x) You will not delete or modify any content of the Website, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify. (xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
(xii) You shall not access the Website without authority or use the Website in a manner that damages, interferes or disrupts:
(a) any part of the Website or the Website software; or (b) any equipment or any network on which the Website is stored or any equipment of any Third Party .
5. Account Registration
5.1 In order to access certain features of the Website and in order to purchase the products listed on the Website, you may, in your discretion, register to create an account (“Account”) and become a member. You may register directly via the Website or as described in this section.
5.2 You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Website, as described below. As part of the functionality of the Website, you may link your Account with Third Party Accounts, by either:
(a) providing your Third Party Account login information to us through the Website; or
(b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
5.3 You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
5.4 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Website via your Account and Account profile page.
5.6 Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Account on the Website.
5.7 Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Website.
5.8 You have the ability to disable the connection between your Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Website. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and we are not responsible for any SNS Content.
5.9 We will create your Account and your Account profile page for your use of the Website based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Account.
5.10 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
5.11 We reserve the right to suspend or terminate your Account and your access to the Website if you create more than one (1) Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
5.12 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Account.
5.13 Registration on the Website as a member is not mandatory. You may continue to access the Website and purchase products as a guest.
6 Terms of service
6.1 You agree and acknowledge that :
(a) Unless otherwise provided, the products made available for sale on the Website will be sold at the price listed and no discounted can be granted. The price of the products listed does not include duties, taxes, shipping and handling, which will be charged as applicable and would depend on the shipping address.
(b) You shall be liable for any duties, taxes and storage that may be applicable on the purchase of the products and such duties, taxes and storage will be payable in addition to the price listed on the Website for the product purchased;
(c) Placing an order on the Website constitutes an irrevocable acceptance of the purchase, unless rescinded / cancelled by us within 1 working days;
(d) Once the order is placed on the Website we will raise an invoice against you and you will be required to make the full payment for the price of the product in accordance with the terms of the invoice generated. We reserve the right to cancel the order in the event of you failing to pay the full price of the product in accordance with the terms of this clause within the time period provided;
(e) We also have the right to cancel any order placed on the Website at any time prior to delivery of the product, without assigning any reason whatsoever; and Products listed on the Website may vary in colour and texture when compared to the photograph available on the Website. While we have taken every effort to include a brief description setting out the details of each product listed on the Website and details of the materials used, we assume no responsibility for any errors or omissions that may occur in the description, price, condition or content relating to the products listed on the Website.
6.2 Services provided:
(a) We shall constantly endeavour to facilitate you to purchase the best services at a given place and time for the products showcased on the Website.
(c) You shall not be entitled to receive any credit or cash back for the value of the products sold.
(d) You agree that the specific product promised and sold to you cannot be used, exchanged for or combined with any other product offered on the Website.
(f) You may be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing services on the Website. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any Third Party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
6.3 You shall be entitled to a refund only under the following circumstances:
(a) in the event of the product being damaged during shipping; or
(b) an error that is directly attributable to us has occurred during the purchase of such product; or
(c) in the event of cancelation after a purchase, or change in the terms of service, including, but not limited to, change in the prices or the availability of the product.
6.4 We constantly strive to provide you with accurate information on its Website. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
6.5 If you use the products available on the Website, you do the same at your own risk.
7 Access to the Website, Accuracy and security
7.1 We endeavour to make the Website available to you 24 hours a day. However, we do not represent that access to the Website will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
7.2 We do not warrant that the Website will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Website or your obtaining any material from, or as a result of using, the Website. We shall also not be liable for the actions of third parties.
7.3 We do not represent or warranty that the information available on the Website will be correct, accurate or otherwise reliable.
7.4 We reserve the right to suspend or withdraw access to the Website to you personally, or to all users temporarily or permanently at any time without notice.
8.1 THIS WEBSITE MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
8.2 DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THIS WEBSITE OR DELAY OR ERRORS IN FUNCTIONALITY OF THE WEBSITE. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
8.3 WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
8.4 YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE WEBSITE. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S PRODUCTS OR SERVICES.
8.5 WHILE THE MATERIALS AND ADVICE PROVIDED ON THIS WEBSITE WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS AND ADVICE IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
8.6 THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
8.7 WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THIS WEBSITE. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
8.8 IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9 Intellectual property
9.1 We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
9.2 You may print off one copy, and may download extracts, of any page(s) from the Website or our website for your personal reference and you may draw the attention of others within your organisation to material available on the Website.
9.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
9.4 You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
10 Treatment of information provided by you
10.2 You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us or the Website for the purpose of use on the Website or for our generally marketing (by any means and in any media, including, but not limited to, on our website or in our journals) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
11 Third Party Content
13 Non-assignment You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
14 Governing law and dispute resolution This Term of Use is governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this website, shall be subject to the jurisdiction of the courts at Bangalore, India.