PLEASE READ THE TERMS OF THIS 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.tivraa.com , hosted by Tivraa (herein referred to as "Tivraa") offers products for purchase on this Website. This Agreement includes, and incorporates by this reference, the Privacy Policy and all other policies and guidelines referenced below. Tivraa 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. In case of further changes made to the Terms Of Service, the changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Tivraa encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Tivraa for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
I. Products
Terms of Offer: This Website offers Home and Lifestyle products for sale (the "Products"). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement. All prices are subject to change without notice. Products are subject to availability and Tivraa reserves the right to impose quantity limits on any order. Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Returns are subject to Tivraa's Return Policy.
Proprietary Rights: Tivraa has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Tivraa. Tivraa 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.
GST: GST is included in the price of your product purchased from Tivraa.
II. Website
Content, Intellectual Property, Third Party Links: In addition to making Products available, this Website also offers information and marketing materials, both directly and through indirect links to third-party websites. Tivraa does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Tivraa does create the content on this Website, such content is protected by intellectual property laws of 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, non commercial use. Any links to third-party websites are provided solely as a convenience to you. Tivraa does not endorse the contents on any such third-party websites. Tivraa is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
User-Created Content: By posting, storing, or transmitting any content on the Website, you hereby grant Tivraa 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. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify Tivraa for all claims resulting from the content you supply. You are solely responsible for your interactions with other users of the Website and any content you post. Tivraa is not liable for any damage or harm resulting from any posts by or interactions between users. Tivraa reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Tivraa deems objectionable, as per their sole discretion.
The Website, text, graphics, UI, visual interfaces, images, sounds and music, codes on the Website are owned and controlled by Tivraa and the design, structure, selection, coordination, expression, look-and-feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
The trademarks, logos and service marks displayed on the Website are the registered and unregistered trademarks of Tivraa. You are not permitted to use these marks without the prior written consent of Tivraa.Tivraa owns all intellectual property rights to the domain name www.tivraa.com, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from Tivraa. Use of Website: Tivraa is not responsible for any damages resulting from the 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 Tivraa or the applicable third party (if third party content is at issue).
III. Disclaimer Of Warranties Tivraa makes best efforts to provide accurate information on the Website, but inaccuracies or errors may occur. Tivraa does not warrant the accuracy, reliability, completeness or timeliness of any information on the Website. Tivraa provides no warranty for the Products or the Website.
Tivraa is not responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect, incidental, consequential, or otherwise), personal injury or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website, any information contained on the Website, your or any other person's use of the Products, or any information transmitted via the Website or Products.
TIVRAA PROVIDES NO WARRANTY THAT THE WEBSITE AND PRODUCTS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. TIVRAA MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, WEBSITE, INFORMATION OR MATERIAL OBTAINED THROUGH THE WEBSITE OR PRODUCTS.
THE WEBSITE AND THE PRODUCTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. TIVRAA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE WEBSITE OR THE PRODUCTS WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE WEBSITE AND THE PRODUCTS IS IN ACCORDANCE WITH APPLICABLE LAW.
IV. Limitation Of Liability
TIVRAA'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, 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.
TIVRAA 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.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. Indemnification
You will release, indemnify, defend and hold harmless Tivraa, 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 or your use of the Products (including Trial Products); (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 Tivraa. When Tivraa is threatened with suit or sued by a third party, Tivraa may seek written assurances from you concerning your promise to indemnify Tivraa; your failure to provide such assurances may be considered by Tivraa to be a material breach of this Agreement. Tivraa will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Tivraa's choice at its expense. Tivraa will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Tivraa against any claim, but you must receive Tivraa's prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. Privacy
Tivraa believes strongly in protecting user privacy and providing you with notice of Tivraa's use of data. Please refer to Tivraa's Privacy Policy, incorporated by reference herein, that is posted on the Website.
VII. Agreement To Be Bound
By 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. General
Force Majeure: Tivraa 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: Tivraa 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 Tivraa and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver: The failure of Tivraa 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 the city of New Delhi, Delhi (India). This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Tivraa 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 Delhi. 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.
Termination: Tivraa reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Tivraa may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, Tivraa reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until Tivraa chooses, in its sole discretion and without advance notice to you, to terminate it.
Domestic Use: Tivraa makes no representation that the Website or Products are 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. Tivraa 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.