1. Acceptance of Terms
1.1 These terms of service (“Terms”) govern the access and use of Vaishali Agarwal’s (hereinafter referred to as “We”, “Us” or “Our”) website under the domain, www.vaishaliagarwal.com (“Website”), together with access to the Website’s related services, tools, applications, data, and any information, in any manner, by any person including browsers, vendors, customers, merchants, and/or contributors of content on the Website (“User”).
2. User’s Roles and Responsibilities
2.1 The User hereby agrees and acknowledges that it will not:
(a) publish or upload any defamatory, or derogatory content or other information on the Website or elsewhere in relation to the Website;
(b) submit false or misleading information including personal information;
(c) collect or track the personal information data of any other person who has accessed or shared their information on the Website;
(d) reproduce the content published on the Website in any manner;
(e) infringe upon or violate Our intellectual property rights or the intellectual property rights of any other person;
(f) interfere with or circumvent the security features of Our Website;
(g) damage the operation of the Website or otherwise interfere with any other person’s use of the Website;
(h) transmit any harmful code or virus, spam, phish etc. on the Website any for reason whatsoever;
(i) alter or modify any part of the Website or content available thereon; and
(j) violate any applicable laws or other Terms specified herein.
Upon access and use of the Website, We may collect certain personally identifiable information from the User, the collection, treatment and storage of which is governed by and described in Our Policy. All information posted or shared by the User on Our Website is governed by these Terms and Our Policy.
4. Ownership of Intellectual Property
The User does not acquire any intellectual property rights in Our business and/or the Website or any content available thereon by use of and access to the Website. We continue to own all intellectual property relating to Our logo, the Website and its content thereon, including, without limitation, registered or unregistered, marked or unmarked all copyrights, trademarks, service marks, branding, drawings/illustrations, clothing designs, posters, tag lines and other designs.
5.1 All products/goods sold on the Website are subject to availability at the time of purchase or when an order is placed. We reserve the right to modify, change or discontinue any of the products/goods listed on Our Website without prior notice to the User. We may, at Our sole discretion, refuse or cancel any order for any products/goods listed on Our Website. In the event a certain product/good becomes unavailable after the User has placed an order, We may attempt to notify such User on the e-mail address/phone number provided at the time of placing the order to inform them of the unavailability of the same. We also reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
5.2 The pictures, catalogues and description of the products/goods are only indicative in nature and are subject to change without any prior notice to the User. We make all reasonable efforts to display and provide the most accurate description for the products/goods listed/posted on Our Website. However, the actual products/goods delivered to the User may be subject to slight variation (such as colour and texture) as compared to how they are listed on the Website. Although We make reasonable efforts to provide the User with good quality products/goods, We do not guarantee or warrant any User’s satisfaction and the User must exercise its own judgement prior to purchasing any products/goods from Us.
5.3 The User hereby expressly agrees not to reproduce, duplicate, copy, sell, resell or exploit any aspect of the Website and the products posted/listed on it, including the designs of such products or any other information/content contained on Our Website, without express written permission from Us.
5.4 All requests for returns/exchanges for any products/goods listed or sold on Our Website are subject to and will be processed in accordance with our Returns policy.
5.5 All prices for Our products/goods listed on Our Website are inclusive of applicable taxes but exclusive of shipping/handling costs and are subject to change without any prior notice to the User.
6. Transactions/Payment Gateways
We use third party payment gateways/facilitators/aggregators for all transactions conducted on Our Website. We are not liable for any loss, delay or damage arising out of or in relation to the transactions the User undertakes on Our Website using such optional third party tools. Any use of the optional tools offered on the Website is entirely at the User’s own risk and discretion. All disputes, claims and issues in relation to payments/transactions must be addressed to the relevant third party service provider.
7. Disclaimer of Warranty
7.1 All information contained on the Website is provided on an “as is” and “as available” basis. We do not warrant or represent the accuracy, genuineness or veracity of the content provided on the Website or its applicability to the User’s individual circumstances. We expressly disclaim all warranties and liabilities of any kind, including implied liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of content and other data or integration.
7.2 The Website and its content have been developed for use in India and We make no representation or warranty concerning the Website and/or its content when it is used in any other country.
8. Suspension of Access
We have the right to suspend, either temporarily or permanently, any User’s access to the Website, without prior notice (a) in the event the User breaches or violates the Terms, (b) upon request by any judicial, governmental, regulatory or investigative authority, and (c) at Our sole and absolute discretion.
9. Limitation of Liability
9.2 Without limiting the generality of the foregoing, We may make available and/or otherwise reproduce third party content and/or part thereof on the Website and/or may provide hyper-links to web pages and content of third parties (collectively, “Third Party Content”). We do not monitor, update, endorse, or have any control over Third Party Content, and can make no guarantee whatsoever as to its accuracy, reliability or completeness. The User’s use of such Third Party Content contained therein is solely and entirely at its own risk. The relevant third party continues to own the Third Party Content and the User acquires no rights therein.
The User agrees to indemnify, defend and hold harmless Us and Our Affiliates, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or in relation to the User’s breach of these Terms, violation of any applicable laws or the rights of any third-party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provisions will be enforceable nonetheless, to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms and that will not affect the validity and enforceability of any other remaining aspects of the Terms.
12. Changes to these Terms
We reserve the right to amend these Terms at any time and any such amendments will be deemed to be a part of these Terms as and when they are posted on the Website. The User is advised to read the Terms prior to usage of the Website so as to be updated with the latest changes to the Terms, if any. Any User’s continued usage or access of Our Website or the services offered on the Website, following any updates/changes made to these Terms will be construed as acceptance of the updated Terms and the changes thereof.
13. Applicable Law and Jurisdiction
These Terms and any contractual obligations arising out of the services offered by Us on the Website, will be governed by and construed in accordance with Indian laws. The User consents to the exclusive jurisdiction of the courts at Hyderabad, Telangana, for any and all disputes arising under or in connection with these Terms or any of the services offered by Us on the Website, without prejudice to Our right to pursue actions in any jurisdiction whatsoever. We reserve the right to pursue all remedies available in law and equity for any violation of these Terms by the User.
14. Contact Information
In case of any queries in relation to these Terms, please contact us on email@example.com .