PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (the "Agreement") governs your use of this website, www.malaydamania.com (the "Website"), Malay Damania ("Business Name") offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. [Malay Damania] reserves the right to change or revise the terms and conditions of this Agreement.
I. INTRODUCTION
By continuing to use our website, you acknowledge that you have reviewed the Privacy Policy and agree to its terms.
II. PRODUCTS/SERVICES
Terms of Offer. This Website offers for sale certain products/services (the "Products/Services"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
III. PRICING POLICY
All Prices are in INR. Prices of our Products/Services are subject to change without notice. [Malay Damania] is entitled to offer any sales, offers, packages, discounts or rebates [Malay Damania] chooses.
IV. WEBSITE
Use of Website; [Malay Damania] is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from [Malay Damania].
V. PRIVACY POLICY
The personal information shall be used to operate, provide, develop and improve the products and services that [Malay Damania] offer. The personal information shall be used to process payments and communicate with you. The personal information shall be used to communicate with you in relation to [Malay Damania] via different channels (e.g. by phone, e-mail, chat). The system has been designed with your security and privacy in mind.
Information about customers is an important part of business and not in the business of selling our customer’s personal information to others.
VI. DISCLAIMER OF WARRANTIES
Your use of this website and/or products/services are at your sole risk. The website and products/services are offered on an "as is" and "as available" basis. [Malay Damania] expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties for a particular purpose and non-infringement with respect to the products/services or website content, or any reliance upon or use of the website content.
Without limiting the generality of the foregoing, Malay Damania] makes no warranty.
VII. LIMITATION OF LIABILITY
[Malay Damania] will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products/services in any manner, including liabilities resulting from (1) The use or the inability to use the website content or products/services; (2) The cost of procuring substitute products/services or content; (3) Any products/services purchased or obtained or transactions entered into through the website; or (4) Any lost profits you allege.
VIII. INDEMNIFICATION
You will release, indemnify, defend and hold harmless [Malay Damania], and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products/services or your use of the Products/Services; (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to [Malay Damania].
IX. CANCELLATION AND REFUND
The request for cancellation can be made in the following manner :
X. AGREEMENT TO BE BOUND
By using this Website or ordering Products/availing services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
XI. GENERAL
Entire Agreement. This Agreement comprises the entire agreement between you and [Malay Damania] and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of [Malay Damania] to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Mumbai. This Website originates from the [Mumbai, Maharashtra]. This Agreement will be governed by the laws of the State of [Maharashtra]. Neither you nor [Malay Damania] will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [Maharashtra].
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
XII. CONTACT US
If you have any questions or concerns about the Terms, call us on [9967778484] or write to us at [D – 8, Kalpana, Tilak Nagar, S.V.P. Road, Mumbai – 400 004].
By using this Website or ordering Products/availing services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.