PLEASE READ THIS TERMS AND CONDITIONS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Terms of Service Agreement ("Agreement") is entered into by and between Vastra Abharana, address #5,137,2nd cross, TG layout, Opp to Mars Mount, Hosakerehalli, Bengaluru-560085, India ("Company") and you, and is made effective as of the date of your use of this website www.vastraabharana.com ("Site") or the date of electronic acceptance.
Company may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AS LAST REVISED, DO NOT USE (OR CONTINUE TO USE) THIS SITE OR THE SERVICES.
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the India or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a company or any corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Company finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement.
3. RULES OF USER CONDUCT
By using this Site You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
The Website serves as a platform for the Users to purchase the Products and Services. User by registering at the Website is entering into a contractual agreement with Vastra Abharana and agrees to abide by the terms and conditions mentioned within the said contract. The contractual terms and conditions include but are not limited to, price, shipping charges, mode of delivery, warranties related to Products and services, after sales services, etc., which are under Vastra Abharana purview and may be subject to change at our discretion. The Agreement between You and Vastra Abharana is subject to following conditions:
1.) User’s use of the Website as permitted is solely for his/her personal use;
2.) User certifies that he/she is aged 18 years and above or has obtained the consent of his or her legal guardian before making the purchase;
3.) All prices are in Indian Rupees unless indicated otherwise;
4.) User is obligated to complete a transaction once he or she has indicated the intention to purchase by initiating the transaction on our Website;
5.) In case the price of the Product ordered is wrongly mentioned, in error, the order shall be cancelled regardless of whether the order has been confirmed or not. In event the payment has been processed, the same shall be notified through email;
6.) User shall ultimately be responsible for the credit card transactions, in case of a fraudulent use of a credit card, the User shall have to bear the liability, or prove his or her innocence. Vastra Abharana shall have no role whatsoever, in such cases. Ultimately responsibility for use or misuse of the credit card rests with the User;
7.) In case of missed or wrong delivery due to a mistake in address or wrong name provided, the re-delivery charges shall be applicable, and same shall be claimed from the User;
8.) Delivery time of the order starts after the payment gateway confirms the payment. This also includes checking for fraudulent transactions.
9.) Vastra Abharana ships all orders within 7 working days of receipt of payment. However, this may vary from product to product and depends on nature of the product;
10.) Vastra Abharana shall not be liable for any delay/non-delivery of purchased goods in the event of any Force Majeure event;
11.) Vastra Abharana is not responsible for any damage arising out of usage of Product by the User;
12.) User agrees to use the services provided by Vastra Abharana, its Affiliates, consultants and contracted companies, for lawful purposes only. Vastra Abharana may assign any or all its rights under these terms to its Affiliates without prior information or consent of the User;
13.) In case of an attempt by the User to damage the Website deliberately, or undermine the legitimate operation of the Website, Vastra Abharana shall seek damages from the User under appropriate criminal and civil Laws and to the fullest extent permitted by the Applicable Law;
14.) User certifies that all information provided by them on the Website shall be true and accurate. Vastra Abharana reserves the right to confirm and validate the information fed by the user on Vastra Abharana system at any time. Vastra Abharana reserves the right to reject the registration and debar the User from using the services of the Website, if any information is discovered to be wrong; and
15.) Product listing on the Website is subject to availability. If certain Products are not available on the Website, Vastra Abharana is under no obligation to inform the User of the same.
USER CONDUCTS AND RULES
Use of the Website and registration on the Website is not permitted where law prohibits it. By using the services offered by the Website, User represents and warrants the following:
1.) User has the right, authority, and capacity to enter these Terms;
2.) User has submitted truthful and accurate registration information;
3.) User is neither a competitor of Vastra Abharana nor is using the Website for reasons that are in competition with Vastra Abharana;
4.) User will be utilizing the Website under parental guidance if he/she is under 18 years of age;
5.) User will not copy or distribute any part of the Website in any medium;
6.) User will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose;
7.) User will not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, the features that prevent or restrict use or copying of any content or enforce limitations on use of the Website therein, or interfere with any activity being conducted on the Website;
8.) User will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
9.) User will not publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
10.) User will not upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
11.) User will not upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
12.) User will not conduct or forward surveys, contests, pyramid schemes or chain letters;
13.) User will not download any file posted by another user of the Website that you know, or reasonably should know, cannot be legally distributed in such manner;
14.) User will not harvest or otherwise collect information about other Users, including email addresses, without their consent;
15.) User will not falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
16.) User will not violate any code of conduct or other guidelines, which may be applicable for or to any particular Product or service offered on the Website;
17.) User will not violate any third-party rights;
18.) User will not violate any applicable laws or regulations for the time being in force in or outside India;
19.) User will not violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein; and
20.) User will be responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with his/her activity on the Website;
4. INTELLECTUAL PROPERTY
In addition to the general rules above, the provisions in this Section apply specifically to your use of Companies Content posted to Site. Companies Content on this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein ("Companies Content"), are owned by or licensed to Vastra Abharana in perpetuity, and are subject to copyright, trademark, and/or patent protection.
Companies Content is provided to you "as is", "as available" and "with all faults" for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Company. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement.
5. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS". COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, and shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless Company and its directors, employees from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Company directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
8. DATA TRANSFER
If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
9. AVAILABILITY OF WEBSITE
Subject to the terms and conditions of this Agreement and our policies, we shall use commercially reasonable efforts to attempt to provide this Site on 24/7 basis. You acknowledge and agree that from time to time this Site may be inaccessible for any reason including, but not limited to, periodic maintenance, repairs or replacements that we undertake from time to time, or other causes beyond our control including, but not limited to, interruption or failure of telecommunication or digital transmission links or other failures.
You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
10. DISCONTINUED SERVICES
Company reserves the right to cease offering or providing any of the Services at any time, for any or no reason, and without prior notice. Although Company makes great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued. If that is the case, that product or service will no longer be supported by Company. In such case, Company will either offer a comparable Service for you to migrate to. Company will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the Services we may offer or facilitate access to.
11. FEES AND PAYMENTS
You acknowledge and agree that your payment will be charged and processed by Vastra Abharana.
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services.
Company expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you.
Except as expressly provided in these Terms, all charges and payments are non-refundable, non-cancellable, and non-creditable, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
12. NO THIRD-PARTY BENEFICIARIES
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
13. COMPLIANCE WITH LOCAL LAWS
Company makes no representation or warranty that the content available on this Site are appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations.
14. GOVERNING LAW
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of India, Karnataka, to the exclusion of conflict of law rules.
15. DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these Terms of Services will be settled by binding arbitration. Any such controversy or claim must be arbitrated on an individual basis and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in India, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
16. TITLES AND HEADINGS
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.
Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
18. If you have any questions about this Agreement, please contact us by email (firstname.lastname@example.org) or regular mail at the following address:
#5,137,2nd cross, TG layout,
Opp to Mars Mount, Hosakerehalli,
Bengaluru – 560085, India