Please read the
following terms and conditions carefully because your use of the service is
contingent on your acceptance and compliance with the terms and conditions
(“Terms”).
By subscribing
to or using any of our services, you acknowledge that you have read,
comprehended, and agree to be bound by the Terms, regardless of how you
subscribe to or use the services. You must not subscribe to or use our services
if you do not agree to be bound by the Terms. These Terms and Conditions, as
well as other policies, are governed by the provisions of the Information
Technology (Intermediaries Guidelines) Rules, 2011, which were enacted under
the Information Technology Act of 2000.
In these Terms,
references to “you,” “User,” and “Service Providers” refer to independent
third-party service providers, and “we,” “us,” and “our” refer to
www.fairajewelry.com, a website created by FAIRA TRENDZ, located at SURAT.
INTRODUCTION
www.fairajewelry.com
(“Website”) is an e-commerce portal created by FAIRA TRENDZ LLP to sell its
Jewelry products under the FAIRA brand name.
The Website is
made available to you on the condition that you accept, without modification,
all of the terms, conditions, and notices contained in these Terms, as they may
be posted on the Website from time to time. fairajewelry.com reserves the
right, at its sole discretion, to refuse a User's registration on the Website
without assigning any reason.
USER ACCOUNT,
PASSWORD, SECURITY
After completing
the Website's registration process, you will be given a password and account
designation. You are fully responsible for all activities that occur under your
password or account, as well as for maintaining the confidentiality of the
password and account. You agree to (a) immediately notify fairajewelry.com of
any unauthorized use of your password or account, or any other security
breach, and (b) exit from your account at the end of each
session. fairajewelry.com cannot and will not be held liable for any
loss or damage caused by your failure to comply with Section 2.
SERVICES OFFERED
Through the Web
Site, fairajewelry.com offers a variety of Internet-based services
(collectively, the "Service"). One such service allows users to
purchase original merchandise from various fashion and lifestyle brands
(collectively, "Products"). The Products can be purchased through the
Website using the various payment methods available. Furthermore, these terms
and policies may be supplemented by Product-specific conditions, which may be
displayed on the Product's webpage.
OTHER POLICIES
The User
expresses, expresses, and agrees that he has read and fully understands
fairajewelry.com's Privacy Policy, Shipping and Return Policy, and Cancellation
Policy. These policies are incorporated into the terms and conditions and must
be read in conjunction with the terms and conditions contained herein.
Furthermore, the user agrees that the terms and contents of such policies are
acceptable to him.
LIMITED USERS
The User agrees
not to reverse engineer, modify, copy, distribute, transmit, display, perform,
reproduce, license, create derivative works from, transfer, or sell any
information or software obtained from the Website. The content of the Website
may be reproduced and copied in limited quantities as long as FAIRA's name is
credited as the source and fairajewelry.com's prior written permission is
obtained. To avoid misunderstanding, it is clarified that unlimited or
wholesale reproduction, copying of the content for commercial or non-commercial
purposes, and unauthorized modification of data and information within the
Website's content are not permitted. Images are not intended to be copied
and used. fairajewelry.com owns the images and texts in their entirety.
RULES
You agree and
undertake to use the Website and the Service only to post and upload
appropriate messages and material. You agree and undertake, for example, but
not as a limitation, that when using a Service, you will not:(1)defame, abuse,
harass, stalk, threaten, or otherwise violate others' legal
rights;(2) publish, post, upload, distribute, or otherwise disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful
topic, name, material, or information; (3) Upload files containing
software or other intellectual property-protected material unless you own or
control the rights to it or have received all necessary consents; you own or
control the rights to it or have received all necessary consents;(4) Upload or
distribute files containing viruses, corrupted files, or any other similar
software or programmers that may harm the operation of the Website or the
computer of another; (5) carry out or distribute surveys, contests,
pyramid schemes, or chain letters;(6) download any file posted by another
user of a Service that you know, or should reasonably know, cannot be legally
distributed in this manner; (7) falsify or remove any author attributions,
legal or other proper notices, or proprietary designations or labels indicating
the origin or source of software or other material contained in an uploaded
file;(8) violate any code of conduct or other guidelines that may be
applicable for or to a specific Service; (8) violate any applicable laws
or regulations in force in or outside of India; and (9) violate, abuse,
unethically manipulate, or exploit any of the terms and conditions of this
Agreement or any other terms and conditions for using the Website that may be
found elsewhere.
WARRANTY
The user
guarantees, warrants, and certifies that they are the owner of the content they
submit or are otherwise authorized to use the content, and that the
content does not violate the property rights, intellectual property rights, or
other rights of others. You further warrant that, to the best of your
knowledge, no action, suit, proceeding, or investigation has been instituted or
threatened relating to any content, including trademark, trade name, service
mark, and copyright, formerly or currently used by you in connection with
fairajewelry.com's Services.
NOT GURANTEED
fairajewelry.com
expressly disclaims any and all warranties regarding the finish and appearance
of the final Product as ordered by the user. The quality of any products,
Services, information, or other material purchased or obtained from the Website
may fall short of your expectations. Certain aspects of your order, such as the
merchandise brand, size, color, and so on, may require changes due to
limitations caused by product availability, differences in size charts of
respective brands, and so on. In this case, you agree
that fairajewelry.com may send you an approval request via the email
address you provided when placing your order. If you do not agree with the
requested change, you have the right to reject it by responding to it within 10
days of it being sent to you. If an alternative method of shipping your
merchandise is available, fairajewelry.com may re-request that you
accept a production change one more time. If you reject this second request,
your order will be cancelled and you will be fully refunded using your original
payment method. The user acknowledges and agrees that the product in the image
may differ in color and size due to variations in photographic lighting,
different color profiles installed on the user's monitor/computer,
iPad/other tables, mobiles, and other viewing devices. The actual size of the
product may differ from what is shown in the image. The user agrees and
confirms that he understands these issues and agrees to bear the risks that
come with them. fairajewelry.com shall be under no obligation to
notify or refund money to the customer as a result of color and size
differences due to the reasons stated in this clause. Because of the reasons
stated in this clause, the customer waives all rights to make a claim.
IP RIGHTS
Unless otherwise
indicated or anything contained to the contrary, or any proprietary material
owned by a third party and expressly mentioned, Fairajewelry.com owns all
Intellectual Property Rights to and into the Website, including, without
limitation, any and all rights, title, and interest in and to copyright,
related rights, patents, utility models, trademarks, trade names, service
marks, designs, and knowledge. You acknowledge and agree that you will not
use, reproduce, or distribute any content from fairajewelry.com's
Website without fairajewelry.com's prior written permission.
THIRD PARTY'S
LINK
The Website may
contain links to other websites (collectively referred to as "Linked
Sites"). fairajewelry.com or the Website have no control over
the Linked Sites, and fairajewelry.com is not responsible for their contents,
including without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. fairajewelry.com is not liable
for any type of transmission received by you from any Linked Site. Fairajewelry.com
provides these links as a courtesy, and the inclusion of any link does not
imply endorsement by fairajewelry.com or the Website of the Linked
Sites, or any association with its operators or owners, including legal heirs
or assigns thereof. Users are encouraged to independently verify the accuracy
of all information before putting their trust in it.
DISCLAIMER
fairajewelry.com
has made every effort to ensure that all of the information on the Website is
correct, but fairajewelry.com makes no warranties or representations
about the quality, accuracy, or completeness of any data, information, product,
or Service. In no event shall fairajewelry.com be liable for any
direct, indirect, punitive, incidental, special, consequential, or other
damages arising from: (1) the use or inability to use the Services or Products;
or (2) any other cause. (3) unauthorized access to or alteration of
the user's transmissions or data; (4) any other matter relating to the
services, including, without limitation, damages for loss of use, data, or
profits arising from or in any way connected with the use or performance of the
Website or Service. Neither fairajewelry.com nor its affiliates shall
be liable for any delay or inability to use the Website or related services,
the provision of or failure to provide Services, or any information, software,
products, services, and related graphics obtained through the Website, or
otherwise arising out of the use of the website, whether based on contract,
tort, negligence, strict liability, or otherwise.
Furthermore, fairajewelry.com shall not be held liable for the
Website's non-availability during periodic maintenance operations or any
unplanned suspension of access to the website that may occur due to technical
reasons or for any reason beyond FAIRA's control. The user understands and
agrees that any material and/or data downloaded or otherwise obtained through
the Website is done entirely at their own discretion and risk, and that they
will be solely responsible for any damage to their computer systems or loss of
data that results from such download.
INDEMNIFICATION
You agree to
indemnify, defend, and hold harmless fairajewelry.com from and against any and all losses, liabilities,
claims, damages, costs, and expenses (including legal fees and disbursements in
connection therewith and interest chargeable thereon) asserted against or incurred
by fairajewelry.com arising out of, resulting from, or payable
by virtue of any breach or non-performance of any representation, warranty, or
covenant.
PRICING
Prices,
products, and services are subject to change at FAIRA's discretion at any time
and without prior notice.
SHIPPING
The risk of loss
and title for all products ordered by you pass to you upon FAIRA's shipment to
the shipping carrier.
TERMINATION
fairajewelry.com reserves
the right to suspend or terminate your use of the Website or any Service if it
believes, in its sole and absolute discretion, that you have breached,
violated, abused, or unethically manipulated or exploited any term of these
Terms or acted unethically in any other way. Notwithstanding Section 15.
above, these Terms will remain in effect indefinitely unless and until fairajewelry.com elects
to terminate them. If you or Fairajewelry.com terminates your use of the
Website or any Service, fairajewelry.com may delete any
content or other materials relating to your use of the Service without
liability to you or any third party. You will be obligated to pay for any
Service or product that you have already ordered until the time of Termination
by either party. Furthermore, you will be entitled to your royalty payments
under the User License Agreement that have accrued or are legally deemed to
have accrued to you.
LAWS APPLICABLE
These terms
shall be governed and construed in accordance with Indian law, without regard
to conflict of laws principles, and any disputes arising in connection with
them shall be subject to the exclusive jurisdiction of the courts in Surat.
SEVERABILLITY
If any provision
of the Terms is found to be invalid or unenforceable in whole or in part, such
invalidity or unenforceability shall apply only to that provision or part of
such provision, and the remaining portion of such provision, as well as all
other provisions of these Terms, shall remain in full force and effect.