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.aabhaa.in (the
"Website"), AABHAA "Dhamac Fashions" 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. AABHAA reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised
Agreement on this Website.
1. PRODUCTSTerms of Offer. This Website offers for sale certain products (the
"Products"). By placing an order for Products through this Website, you agree to
the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third party call center reps or
direct Dhamac Fashions sales reps, while they are calling you, of your desire to
opt out from further direct company communications and solicitations, you are
agreeing to continue to receive further emails and call solicitations AABHAA
FASHIONS and its designated in house or third party call team(s).
Opt Out Procedure: We
provide easy ways to opt out of from future solicitations.
You may use the opt out
link found in any email solicitation that you may receive.
You may also choose to opt out, via sending your email address to:
info@aabhaa.in
Proprietary Rights. Dhamac Fashions has proprietary rights and trade secrets in
the Products. You may not copy, reproduce, resell or redistribute any Product
manufactured and/or distributed by Dhamac Fashions. Dhamac Fashions also has
rights to all trademarks and trade dress and specific layouts of this webpage,
including calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will
be responsible for paying any applicable sales tax.
1. WEBSITEContent; Intellectual
Property; Third Party Links. In addition to making Products available, this
Website also offers information and marketing materials. Dhamac Fashions does not
always create the information offered on this Website; instead the information
is often gathered from other sources. To the extent that Dhamac Fashions does
create the content on this Website, such content is protected by intellectual
property laws of the India, foreign nations, and international bodies.
Unauthorized use of the material may violate copyright, trademark, and/or other
laws. You acknowledge that your use of the content on this Website is for
personal, noncommercial use. Any links to third-party websites are provided
solely as a convenience to you. Dhamac Fashions does not endorse the contents on
any such third-party websites. Use of Website; Dhamac Fashions 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
abide by all applicable local, state, national, and international laws and
regulations in your use of the Website (including laws regarding intellectual
property).
not interfere with or disrupt the use and
enjoyment of the Website by other users.
not resell
material on the Website.
not engage, directly or
indirectly, in transmission of "spam", chain letters, junk mail or any other
type of unsolicited communication.
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 Dhamac Fashions
or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any
content on the Website, you hereby grant Dhamac Fashions a perpetual, worldwide,
non-exclusive, royalty-free, assignable, right and license to use, copy,
display, perform, create derivative works from, distribute, have distributed,
transmit and assign such content in any form, in all media now known or
hereinafter created, anywhere in the world.
III. DISCLAIMER OF WARRANTIESYOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE
AND PRODUCTS ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Dhamac Fashions
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR
WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS.
("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Dhamac Fashions MAKES NO
WARRANTY:
THAT THE
INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR
TIMELY.
REGARDING ANY
PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
1. LIMITATION OF LIABILITYDhamac Fashions ENTIRE
LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH
RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS
AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING,
FOR PRODUCTS PURCHASED VIA THE WEBSITE.
Dhamac Fashions WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE
PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE
INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING
SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR
TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU
ALLEGE.
1. INDEMNIFICATIONYou will release,
indemnify, defend and hold harmless Dhamac Fashions, 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
this Agreement or the
breach of your warranties, representations and obligations under this
Agreement;
The Website content or your use of the
Website content;
The Products or your use of the
Products (including Trial Products);
Any intellectual
property or other proprietary right of any person or entity;
Your violation of any provision of this
Agreement;
Any information or data you supplied to
Dhamac Fashions.
1. PRIVACYDhamac Fashions believes
strongly in protecting user privacy and providing you with notice of use of
data. Please refer to Dhamac Fashions privacy policy, incorporated by reference
herein, that is posted on the Website.
1. AGREEMENT TO BE BOUNDBy using this Website or ordering Products, you acknowledge that you have read
and agree to be bound by this Agreement and all terms and conditions on this
Website.
VIII. GENERALForce Majeure.
Dhamac Fashions will not be deemed in default hereunder or held responsible for
any cessation, interruption or delay in the performance of its obligations
hereunder due to earthquake, flood, fire, storm, natural disaster, act of God,
war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. Dhamac Fashions may at any
time, in its sole discretion and without advance notice to you, cease operation
of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you
and Dhamac Fashions and supersedes any prior agreements pertaining to the subject
matter contained herein.
Effect of Waiver. The failure of Dhamac Fashions 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; Jurisdiction. This Website originates from JAIPUR, India. This Agreement
will be governed by the laws of the State of India without regard to its
conflict of law principles to the contrary. Neither you nor Dhamac Fashions 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 India. By using this Website or ordering Products, you
consent to the jurisdiction and venue of such courts in connection with any
action, suit, proceeding or claim arising under or by reason of this Agreement.
You hereby waive any right to trial by jury arising out of this Agreement and
any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of the
Website or Products or this Agreement must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Domestic Use. Dhamac Fashions makes no
representation that the Website or Products are appropriate or available for use
in locations outside India. Users who access the Website from outside India do
so at their own risk and initiative and must bear all responsibility for
compliance with any applicable local laws.
Assignment. You may not assign your rights and obligations under this
Agreement to anyone. Dhamac Fashions may assign its rights and obligations under
this Agreement in its sole discretion and without advance notice to you.
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.