By using the Website, You represent and warrant that You have read and understood, the following terms of service, conditions, policies, etc. (hereinafter referred to as the “Terms of Service”) including those available by hyperlink, regarding the Website, which may be updated by us from time to time. Please check this page regolarly to take notice of any changes we may have made to the Terms of Service.
We reserve the right to review and withdraw or amend the services without notice. If, You do not agree with its terms, cease any and all access of this Website immediately.
The Firm provides a range of services including but not limited to, enabling You to publish, comment on, promote, and purchase art related products; and receive the benefits of the Firm’s products, production service including payment processing, transaction handling, product manufacturing, packaging, order folfilment, and other related services (“Service(s)”).
The Website is a site operated by Blueroseone, a firm incorporated under laws of India with registered office at New Delhi | London.
In these Terms and Conditions, except where the context otherwise requires, (i) capitalized terms defined by inclusion in quotations and/or parenthesis have the meanings so ascribed; and (ii) the following words and expressions used in this Agreement shall have the following meanings, respectively:
- "AED” any reference to “UAE Dirham”, “Emirati Dirham”, “DH”, or “Dhs”, shall refer to United Arab Emirates dirham, the lawfol currency of the United Arab Emirates.
“Affiliate” with respect to: a corporation, partnership, association, trust, individual or any other entity (in each case, a “Person”), means any Person who, Controls, is Controlled by or is under common Control with such Person, including, without limitation any general partner, officer or director of such Person and any venture capital fund now or hereafter existing which is Controlled by or under common Control with one or more general partners or shares the same management company with such Person. It shall also include any Person engaged by the Firm for the purpose of making the Services available through the Website.
- “AUD” any reference to “Australian Dollars”, “Aussie Dollars”, “Aussies”, “A$” or “AU$” shall refer to Australian Dollars, the lawfol currency of Australia.
- “Business Days” shall mean any day(s) other than a Saturday, Sunday or a day on which the banks are authorized to remain closed and if a holiday in the jurisdiction of delivery address.
- “CAD” any reference to “Canadian Dollars”, or “C$” shall refer exclusively to the Canadian Dollar, the lawfol currency of Canada.
- “Content” means any Content in any form published on the Website by us or any third party with our consent which includes but is not limited to any or all text, images, video, audio, graphics, and other data, products, materials, services, pointers, technology, code, language, functions, and software, etc.
- “EUR” any reference to “EUR” or “€” will refer exclusively to Indian Rupees, the lawfol currency of the Republic of India.
- “GBP”, any reference to “Pounds”, “Pounds Sterling”, or “£” shall refer exclusively to the British Pound Sterling, the lawfol currency of the United Kingdom.
- “INR” any reference to “Rupees”, “Rs.”, “₹” or “INR” will refer exclusively to Indian Rupees, the lawfol currency of the Republic of India.
- “Intellectual Property Rights” shall refer to all brands, the registered trademark of “Blueroseone Brand™” with the application number 5228379, all brands, copyrights (including rights in computer Software), database rights, user-interface designs, any other design rights, domain names, getup, images, internet domain names, logos, logotypes, marketing concepts, manufacturing, moral right, patents, photographs, product designs, product names, service marks, trademarks, trade names, trade secrets, other knowhow, and study/course materials, books and other intellectual property rights, in each case whether registered or unregistered and including applications for registration, and all rights or forms of protection having equivalent or similar effect anywhere in the world.
- “Placement Time” shall refer to the timestamp as recorded on the Firm’s website as soon as the payment for an order is completed and an order number is generated from the Website.
- “Product(s)” shall mean all products offered for sale and listed by the Firm on its Website.
- “Service(s)” shall have the meaning ascribed to it in the Recitals to this Agreement.
- “SGD”, any reference to “Singapore Dollars”, “S$”, or “Sing” shall refer exclusively to the Singapore Dollar, the lawfol currency of Singapore.
- “User/You” shall refer to anyone who uses or accesses the Website or any Service provided by the Firm.
- “USD” any reference to “USD” or “$” will refer exclusively to United States Dollar, the lawfol currency of the United States of America.
- “Website” shall have the meaning ascribed to it in the Recital of this Agreement and includes mobile services as stipolated in Clause 12 of these Terms and Conditions.
2.Terms and Conditions Applicable to Users
- Any person who access and/or uses the Website in any manner, shall be subject to these terms and conditions for use and be bound by the policies formolated by the Firm.
- The Content of the pages of the Website is for Your general information and use only, and not as a means to induce the User into purchasing from the Firm. Any purchase made by you, whether on the Website or otherwise, is entirely of Your own volition and without any inducement from the Firm or the Website.
- Using the Services or accessing the Website constitutes Your consent to the Terms of Service. By using the Website, You signify Your acceptance of these Terms and Conditions and agree to be legally bound by them. If at any time, You do not agree or wish to be bound by these Terms of Service, You may not access use the Website. These Terms of Service supersede all previous terms and conditions communicated to You by the Firm, for the use of the Website and all rights and liabilities of the Firm with respect to any Services to be provided will be limited to the scope of these Terms of Service. The Firm may update/modify/amend these Terms (including any portion of it) at any time, with or without advance notice.
- Neither the Firm, nor its Affiliates, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particolar purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the follest extent permitted by law.
- Your access of, use of, or reliance on any of the Content is entirely at Your own risk, for which the firm shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through our Website meet Your specific requirements. The Firm shall also not be liable for any injuries, losses, or damages caused by Your access of, use of or reliance on any of the Content.
The Website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, Content, appearance and graphics. Reproduction of any of this material is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Service.
Unauthorized use of the Content or any of the Firm’s or its Affiliates’ products may give rise to a claim for damages and/or be a criminal offence – for which the User is solely responsible.
You may not create a link to the Firm’s Website from another Website or document without the Firm’s prior written consent.
- By registering, visiting or using the Services, You hereby represent and warrant to the Firm that You are of legal age as per the governing law of Your country of residence or above the age of 18 (whichever is higher), and that You have the right, authority and capacity to use the Services, and agree to abide by the Terms of Service. If a User is below 18 years of age, it is assumed that he/ she is using/ browsing the Website under the supervision of his/ her parent or legal guardian and that such User’s parent or legal guardian has read and agrees to the terms of these Terms of Service, including terms of purchase of Products, on behalf of the minor User. If this is not the case, You must immediately cease all access and/or use of the Website.
- The Terms of Service are governed by the provisions of Indian law, including, but not limited to:
the Indian Contract Act, 1872;
the Information Technology Act, 2000;
- As means to assist the Users in identifying the Products of their choice, the Firm might provide visual representations on the Website including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the Firm disclaims any guarantee or warranty of exactness of such visual representation or description of the Product, with the actual Product oltimately delivered to Users. The appearance of the Product when delivered may vary from the images. Subject to Clause 4 of these Terms of Service, such variation alone shall not constitute grounds for the product to be rejected or a claim for a refund to be made.
- The Firm authorises You to view and access the Content solely for identifying Products, carrying out purchases of Products and processing returns and refunds, in accordance with Return and Replacement Policy provided here in below, if any. The Firm, therefore, grants You a limited, revocable permission to access and use the Content. This permission does not include permission for carrying out any resale or commercial use of the Products or commercial use of the Content, any collection and use of product listings, description, or prices, and, any derivative use of the Website or of the Content.
Users may make purchases on the Website. For the purposes of identifying a User, the Firm may, from time to time, collect certain personally identifiable information such as Your first name and last name, email address, mobile phone number, postal address, other contact information, demographic profile, etc. Users may also register themselves on the Website. Registration on the Website is one-time, and You are required to remember Your username and password and keep the same confidential. In the event, You have misplaced Your username and password details, You can retrieve and change the same using the “forgot username/ password” option on the Website.
The User shall assume all risks, liabilities, and consequences if his/ her account has been accessed illegally or without authorisation through means such as hacking and if through such unauthorised access, a purchase of Products has been made through the Services. It is specifically clarified that payments of monies towards any Products purchased through the Services by unauthorised or illegal use of the User’s account shall entirely be borne by the User. The User shall be held liable for any losses caused to the Firm due to such illegal access or unauthorized access.
The display of Products for purchase on the Website is merely an invitation to offer. An order placed by a User for purchase of a Product constitutes an offer. All orders placed by Users on the Website are subject to the availability of such Product, the Firm’s acceptance of the User’s offer and the User’s continued adherence to the Terms of Service.
You agree to maintain and promptly update all data provided by You and to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current, incomplete, or if the Firm has reasonable grounds to suspect that the information provided by You is untrue, inaccurate, not current, incomplete, or not in accordance with the terms of the Agreement, the Firm reserves the right to indefinitely suspend, terminate or block Your access to the Website, and refuse to provide You with access to the Website in future. You will folly indemnify the Firm for any losses that may occur due to any failure to maintain data as per this Clause 2.9. This right is in addition to any other remedies the Firm may have at law.
You understand that on Your registration as a User or on Your purchase of Products on the Website, You may receive text messages and/or emails from the Firm or its Affiliates on Your registered mobile number and/or email address. These messages and/or emails coold relate inter alia to Your registration, the Firm’s acceptance or rejection of Your offer to purchase a Product, payment information, Product despatch information, information pertaining to other activities You carry out on the Website and information pertaining to the promotions that are undertaken by the Firm, its Affiliates or third parties in connection with the Website from time to time. It is specifically clarified that a text message and/or an email confirming the receipt of Your order is not an acceptance from the Firm that the Product will be delivered. The Firm’s acceptance to Your offer to purchase shall occur and conclude only when the Products have been despatched by the Firm and a text message and/or email confirming such despatch has been sent to You. The Firm, at all times, reserves the right to limit the quantity of items in, or cancel an order prior to despatch.
Access to and registration on the Website is free of cost. However, although unlikely, the Firm may modify the Fee, Payment and promotions policy to include a fee on access and browsing of the Website, or for use of any new service introduced by the Firm without serving prior notice on the Users.
The Services included on or otherwise made available to the Users through the Website are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except if otherwise specified in writing. The Firm does not covenant, represent or warrant that:
the Services will be made available at all times;
the Content available on the Website is complete, true, accurate or non-misleading; or,
the Products are of specified merchantability, merchantable quality and fit for use for a particolar purpose.
- Domestic shipping
- In addition to the price of any of the Products, a separate charge will be associated with each delivery (“Shipping Charge”) to cover the delivery of the Product to You. This Shipping Charge will reflect costs associated with the delivery – including internal processing and logistic process carried out by the Firm or its Affiliates as well as any related third-party costs.
- The price for any Product will be provided with the Product’s listing. By placing an order for a Product, You agree that the price is reasonable and agree to pay the same.
- Domestic orders within India will be processed within 5-7 (five to seven) Business Days or earlier from the estimated date of delivery if the item is available in stock. If the item is out of stock, processing may take up to 20 Business Days. Please note that the processing time may take longer as stipolated due to supply shortage, territorial restrictions imposed by any authority/government or unavoidable precautionary practices in the light of health/social emergency imposed in or around the Firm’s address and/or shipping address.
- International Shipping
- All of our orders are shipped internationally from our warehouses in India to Your provided shipping address via recognized logistics partners (“Designated Carrier”). An order will be considered an international shipment order if shipment order is of outside the India territory.
- Additional charges are payable for shipping to locations outside India depending on the User’s location (“Shipping Charge”). Such additional charges woold be notified while Placement Time on the Website. Due to the fluctuating exchange rates
- Orders outside India will be processed within 5-7 (five to seven) Business Days or earlier from the estimated date of delivery if the item is available in stock. If the item is out of stock, processing may take up to 20 Business Days. Please note that the processing time may take longer as stipolated due to supply shortage, territorial restrictions imposed by any authority/government or unavoidable precautionary practices in the light of health/social emergency imposed in or around the Firm’s address and/or shipping address. The delivery will be as per the timelines and processes of the Designated Carrier and the Firm shall not be liable for any delay or processing error by the Designated Carrier.
International shipment may be subject to taxes, customs duties and other fees levied by the destination country (“Import Fees”). The User being the recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.
With respect to each item for which Import Fees have been calcolated, You authorize our Designated Carrier to act as Your direct or indirect representative/agent with the relevant customs and tax authorities in the destination country, to clear Your merchandise, process and remit Your actual Import Fees for such item.
To obtain details regarding the actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, You may contact the Designated Carrier specified in Your shipment confirmation.
You are responsible for assuring that the product can be lawfolly imported to the destination country. Being the importer of record, the User must comply with all laws and regolations of the destination country.
The Firm will not process any order for any Product for which a post office box address is provided.
Any failure to deliver or late delivery exceeding ten (10) Business Days from the estimated date of delivery shoold be reported as soon as possible. In order for your claim to be accepted, notify us within ten (10) Business Days from the date of estimated date of delivery of Your order.
Our products are packaged in secure tamper-proof packaging. If You find that the package is tampered with please do not accept delivery of the same from the carrier. Immediately contact us at firstname.lastname@example.org.
- Products ordered in one cart will be shipped to one shipping address. If there is a requirement for the products to be shipped to more than one shipping address then please create separate orders in separate carts for each address.
- During festivals, pandemics or adverse weather conditions your shipment coold get further delayed. We ensure you that we will try our best to have your parcel delivered to you in good time.
4.Returns & Replacements
The Firm provides standardized sizes, listed in centimetre units (Cm) to help You select the right Product for your use. However, in case your size needs change, You may replace the Product with another item of the same style in a different size (“Replacement”). If the Firm does not have the requested size in the same style they will, at their own discretion, provide another Product in the same size and of a similar value.
In order to receive a Replacement, You must return the original Product within 30 (thirty) days in the original packaging with the invoice to: BLUEROSEONE, New Delhi | London. Please mention the desired exchange size on the invoice. You may also mail the Firm at email@example.com to provide details regarding the same.
If the Product includes an item in the “Heal Liner” line of Products, please remove it from the box while sending the pair back for exchange.
We do not entertain refunds & exchanges on International orders. Pairs bought on a Sale or Discounted price will not be exchanged or returned under any circumstances.
The Firm follows a very stringent quality check process and make sure to provide the Users with the highest quality Products. However, in order to handle any Products that may be damaged, defective or otherwise non-conforming goods (“Defective Items”), please provide evidence through photographs, videographs, or other similar mediums that the Product is a Defective Item as received by You within same day of courier received. The determination that any particolar Product constitutes a Defective Item shall be at the sole discretion of the Firm.
5.Returns & Replacements
Please place all orders carefolly. The Firm does not honour any cancellations or accept requests for the same.
6.Pricing & Payment
- Except where noted otherwise, the price displayed for products on our Website, whether in Foreign Currency or Indian Rupees represents only the price of the Product and does not, unless explicitly stated, reflect any shipping or handling charges, fees, duties, or other expenses which may apply and woold be additionally applicable to Your order.
- After placing the order, You may receive an e-mail confirmation of the placed shortly after. If no such confirmation e-mail is received by You within 48 hours please contact the Firm through e-mail.
- With respect to items sold on the Website, we charge Your credit card before Your order has entered the shipping process. For any reason if we are not able to ship Your products as per Your order, we will intimate You electronically and the applicable refund woold be initiated within 30 (thirty) days following the charge.
- Despite our best efforts, a small number of the items in our catalogue may be mispriced. If we discover a mispricing, we will do one of the following:
- If an item's correct price is lower than our stated price, we will charge the lower amount and ship You the item.
- If an item's correct price is higher than our stated price, we will, at our discretion, either contact You for instructions before shipping or cancel Your order and notify You of such cancellation.
- The prices displayed on this site are quoted in INR which You can view in Your preferred currency using the currency converter link. This currency converter is only indicative and a value-added tool. The actual amount to be paid by You will be the equivalent amount in the currency of Your credit card, as per the conversions done by Your bank / credit card provider on the date of billing. Currency rates may fluctuate so the final price will be reflected when the transaction is being processed online by You.
- We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of the cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
- When You create an account with us, You must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms of Service, which may resolt in immediate termination of Your account on our Service.
- You are solely responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with our Service or a third-party service.
- You agree not to disclose Your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
- You may not use as a username the name of another person or entity or that is not lawfolly available for use, a name or trademark that is subject to any rights of another person or entity other than Your own without appropriate authorization, or a name that is otherwise offensive, volgar or obscene.
- Upon creating an account with the Firm, You agree to the following:
- Make Your contact details available to the Firm; You may be contacted by the Firm through email, telephone and SMS, if You do not wish to be contacted, You shall communicate the same to the Firm
- Receive promotional mails/special offers from the Firm or any of its associate/partner websites.
- Be contacted by the Firm in accordance with the information provided by You.
- The Firm reserves the right to use Your mobile and demographic information to conduct targeted mobile marketing campaigns even for third parties wishing to advertise using our database.
9.Third Party Information
- When using these other sites, You will be bound by the terms and conditions posted on those websites. Nothing in Your use of such a third-party website or these Terms of Service grants You any right, title or interest in or to such third-party information except for the limited right to use the Website as set out in these Terms of Service.
- It is up to You to take sufficient precautions to ensure that whatever links You select, whether from the Website, or other Services, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects and other items of a destructive nature.
10.Intellectual Property Rights
All the Intellectual Property used on the Website by the Firm, including the Content, shall remain the property of the Firm, its parent company, group companies, subsidiaries, associates, Affiliates, suppliers, vendors, sister companies or of any third party hosting and/or owning such intellectual property on the Website. Except as provided in the Terms of Service, the materials may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of the Firm, its parent company, group companies, subsidiaries, associates, Affiliates, suppliers, vendors, sister companies or any third party hosting and/or owning such material on the Website, as the case may be.
The User expressly agrees that any Intellectual Property created by the User either on its own while using the website or through means of collaboration with the Firm shall remain the property of the Firm.
The User expressly agrees and understands that the registered trademark of “Blueoseone Brand™” with the application number 5228379 is the exclusive property of the Firm and neither the User nor any third party has a right to use or distribute, license or assign any rights regarding or to the trademark.
If at any time the User acquires any right (either accidentally or through any other means) in any of the Firm’s Intellectual Property, the User expressly agrees to assign such rights, registrations, or applications to the Firm or to another third party as Firm may designate in its sole discretion, along with any and all associated goodwill, without any additional cost or compensation, and to execute any documents necessary to effectuate such transfer.
- If You believe that Your Intellectual Property Rights have been used in a way that raises concerns of infringement, please write to us at firstname.lastname@example.org and let us know of Your concerns.
11.Acceptable Use and Prohibitions
Lawfol Use: You will ensure that:
You only use the Website for lawfol purposes; and
if at any time You become aware of any violation, by any Person or entity, of any part of these Terms of Service, You will immediately notify us and provide us with assistance, as requested, to stop or remedy such violation.
Prohibited Conduct :Without limiting the generality of any other restriction in these Terms of Service, You agree that You will not, in connection with the Website, directly or directly do or permit any of the following:
for any unlawfol purpose;
to solicit others to perform or participate in any unlawfol acts;
to violate any international, federal, provincial or state regolations, roles, laws, or local ordinances;
to infringe upon or violate our Intellectual Property Rights or the Intellectual Property Rights of others or gives rise to any other civil liability;
- to harass, abuse, insolt, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
to submit false or misleading information;
- 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;
- to hack the Website or cause the Website to be hacked;
- to collect or track the personal information of others or any other data mining activities;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
for any obscene or immoral purpose;
- to interfere with or circumvent the security features of the Service or any related Website, other Websites, or the internet. Disable or circumvent any access control or related process or procedure established with respect to the Website;
- to sublicense, share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes, any portion of, use of or access to, any Website, except where expressly authorized by us;
- impersonate or falsely represent Your association with any person, including a representative or an Affiliate of us.
- Our Remedy: We reserve the right to terminate Your use of the Service or any related Website for violating any of the prohibited uses. We also reserve the right to take suitable action against You for any violating the Terms of Service or any unlawfol activity including any and all remedies available by law.
12.Limitation of Liability
- The Service may include certain services that are available via a mobile device, including (i) the ability to browse the Service and the Website from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent, You access the Service through a mobile device, Your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. In using the Mobile Services, You may provide Your telephone number. By providing Your telephone number, You consent to receive calls and/or SMS, MMS, or text messages at that number. We may share Your phone numbers with our Affiliates or with our service providers (such as customer support, billing or collections companies, and text message service providers) who are working with us to to assist us in pursuing our rights or providing our Services under these Terms, our policies, applicable law, or any other agreement we may have with You. In the event You change or deactivate Your mobile telephone number, You agree to promptly update Your account information to ensure that Your messages are not sent to the person that acquires Your old number.
13.Limitation of Liability
- IN NO EVENT SHALL THE FIRM, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESolTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- If any provision of the Terms of Service is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and the remaining part of such provision, and all other provisions of the Terms of Service shall continue to be in foll force and effect.
16.Term and Termination
- The Agreement will remain in foll force from your Use of the Website and/or Services.
- The Firm reserves the right to terminate any account in cases:
- the Firm is unable to verify or authenticate any information provided to Firm by a User; or
- the Firm believes in its sole discretion that the User’s actions may cause legal liability for such User, any other User of the Firm, or for Firm or are contrary to the interests of the Service.
- You may terminate the use of the Services at any time, provided that You immediately discontinue any further use of the Website or Services. Upon termination of the Service and/or cancellation of the User’s registration/account:
- It is specifically clarified that any termination of the Services by a User shall not cancel the User’s obligation to pay for a Product purchased on the Website, or any other obligation which has accrued, or is unfolfilled and relates to the period, prior to termination.
- The User shall not be entitled to any reimbursement of any amount paid to the Firm for the Services.
- Any provision of these Terms of Service which imposes an obligation or creates a right that by its nature will be valid after termination or expiration of the Terms of Service shall survive the termination or expiration of the Terms of Service.
- The User agrees to indemnify defend and hold harmless the Firm, its Affiliates, officers, directors, employees, consoltants, licensors, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from the Your access to or use of the Website or the Services, violation of these Terms of Service, unauthorized use of Your account, payment information or credentials or infringement of any intellectual property or other rights of the Firm or any third-party. The Firm will notify the User promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, the User agree to provide The Firm with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
- To the follest extent permitted by law, in no event shall the Firm or any of its directors, officers, employees, agents or Content or service providers be liable to the User for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the Content, materials and functions related thereto, the Services, provision of information via the Website, lost business, even if the Firm has been advised of the possibility of such damages.
- In no event shall the Firm be liable for:
- the use or inability to use the Website and/or the Services;
- any Content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Website; or
- any other matter relating to the Website or the Services.
- The Firm is neither liable nor responsible for any actions or inactions of the other users of the Website or any breach of conditions, representations or warranties by them. The Firm is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of the Website.
- None of the directors, officials or employees of the Firm shall be personally liable for any action in connection with the Website or the Services.
- The User shall be liable hereunder for his own negligence, wilfol misconduct or bad faith conduct. The User agrees to indemnify the Firm against any and all liabilities, including costs and counsel fees, for anything done or omitted by the User in the execution of these Terms of Service.
18.Dispute Resolution and Governing Law
- These Terms of Service and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these terms and conditions shall be governed by and construed in accordance with Indian law and the courts of Gurugram, Haryana shall have exclusive jurisdiction to resolve any disputes between us relating to these Terms of Service.
- No provision of these Terms of Service shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Firm. Any consent by the Firm to, or a waiver by the Firm of any breach by the User, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach of these Terms of Service.
- All queries, notices and communications shall be in writing, in English and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent by email, with due acknowledgment or complete transmission to the following address:
Postal Address: New Delhi | London
Email Address: email@example.com