a. The domain http://www.vaayu.co.in including any web-pages thereof is the Website of Candy Vyapaar Private Limited (hereinafter “VAAYU”, “we”, “us” or “our”) having its registered office at 11/1B/2 East Topsia Road, Kolkata-700046, West Bengal, India
b. Through the Website we intend to sell our original merchandise created by us.
2. ACCEPTANCE OF TERMS:
a. These Terms have come into effect immediately.
Use of the Website is available only to persons who can form legally binding contracts under Indian laws. All persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 cannot use the Website. For example if your age is below 18 years or you are an un-discharged insolvent you are prohibited to use this Website or purchase any products from this Website or enter into any form of contract with VAAYU. The Website is also not available to persons whose membership has been suspended or terminated by VAAYU for any reason whatsoever.
b. By using the Website or purchasing products from the Website through any computer resource including but not limited to mobile or tablet devices, you agree that you have read and understood these Terms, various policies and signify your acceptance to be bound by them in entirety.
c. Except where additional terms and conditions are provided which are product specific, these Terms shall supersede all previous representations, understandings, arrangements or agreements.
d. If you have any queries about the Terms, various policies or have any comments, suggestions or grievances on or about our Website, please mail us your query at firstname.lastname@example.org.
d. VAAYU reserves the right to modify or update these Terms including any policy at any time without prior notice. Access to Website after any modification or revision of these Terms or any policy/policies shall also constitute your acceptance to be bound by such modified Terms or any policy/policies. If required by any Indian laws, the modified or revised Terms or any policy/policies shall be applicable to any products purchased prior to such modification or revision becoming effective.
e. You acknowledge that these Terms, policy/policies including any modification(s) thereof constitute a valid contract between you and VAAYU, even though it is in electronic form and is not physically signed by you and VAAYU. Thus you acknowledge and agree that by mere use of the Website, you shall be contracting with VAAYU and these Terms and various policies will be binding upon you.
f. If Indian courts, for any reason hold any of the condition of the Terms or policy/policies as invalid, void or unenforceable, to any extent or in any particular context, such condition of the Terms or policy/policies only shall be deemed to be severed/deleted only for such limited extent/context as determined by the Indian court provided however that, in such event these Terms or any policy shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by Indian laws, to the meaning and intention of the excluded condition of the Terms or policy/policies as determined by such Indian court and the validity and force of the remainder of this Agreement shall not be affected.
g. Unless context otherwise require, all policies whether in force presently or introduced subsequently shall be deemed to be part of these Terms. In case of any conflict between Terms and any policy the provisions of such policy shall prevail.
4. LIMITED USAGE OF WEBSITE:
a. All intellectual property rights in the Website and the proprietary rights of the Website are owned by and/or licensed to VAAYU. It is further clarified that the Website including Information, all other contents on the Website such as software, images, audio, videos, photographs, graphics, text, description, logos, text, program, software, database, trademarks, icons, etc., is either owned by VAAYU or is licensed to VAAYU. You shall not use any intellectual property of VAAYU or VAAYUs licensor in any manner without prior written permission from VAAYU or from respective licensor.
b. VAAYU grants you a limited, revocable and non-exclusive license to access and make personal and non-commercial use of this Website, but not to download (other than page caching) or modify it, or any portion of it. It is clarified that limited license to access Website shall exclude:
i any commercial use or derivative use of this Website or its contents by you; or
ii any extraction, reproduction, duplication, downloading or copying of any whole or part of the contents of Website including product(s) their descriptions and/or prices for any purpose by you; or
iii any extraction, reproduction, duplication, downloading or copying in any manner, any Information, either in whole or in part, including account details of VAAYU’s employees/ customers/suppliers/designers/models for sale, resale or for the benefit of third parties by you; or
iv any reverse engineering, distribution, transfer, transmission, publication, sale, resale, display or licensing any Information available on the Website by you.
c. It is further clarified that any extraction, reproduction, duplication, downloading, or copying of any content of the Website for commercial or non-commercial purposes or unwarranted modification of Information or content of the Website is not permitted.
d. VAAYU reserves itself right to temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability if you make any unauthorized use of the Website or breach these Terms or any policy or violate any applicable Indian laws while accessing Website or purchasing products from VAAYU.
5. ACCESS TO WEBSITE:
a. Website and/or any facilities made available on the Website, in whole or partially, may not be available from time to time for any reason including, without limitation, upgrading of the Website/technology, introduction of new product(s), computer resource repairs and Website maintenance, etc.
b. In no event shall VAAYU be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
i use or the inability to use or delay in use of the Website;
ii unauthorized access to or alteration of the user's transmissions or data;
iii any other matter, including without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or
performance of the Website;
iv provision of or failure to provide access to Website or any information, products through the Website;
v non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the Website that may occur due
to technical reasons or pursuant to directives from government authorities or for any reason beyond VAAYU’s control.
c. Interruptions in the Website shall not serve as a basis to terminate your subscription, purchase order or demand in full or partial refund of any payment made or any reductions in future payments to be made.
6. CHANGES TO WEBSITE CONTENTS:
a. VAAYU, its consultants, contracted parties, technology partners make no representations or warranties about the accuracy, reliability, suitability, timeliness, up-gradation and/or wholeness, of any content, graphics, images, information, software, text, audio, video, links or communications provided on or through the use of the Website or that the operation of the Website will be error free. While VAAYU uses reasonable efforts to keep the Website accessible and error free, but VAAYU cannot guarantee the same.
b. Changes are periodically made to the Website, product(s) and to the price/information/contents of the Website. VAAYU and/or its respective suppliers may make improvements and/or changes in the Website, product(s) at any time without any prior intimation or any liability to anyone.
7. USER ACCOUNT, PASSWORD, SECURITY AND COMMUNICATION:
a. Please ensure that the details provided to us during registration process for your user account or while placing an order as a guest are correct and complete.
b. Registered users are requested to update any account information to enable us to serve you better.
c. If you are registering as a business entity (i.e. limited company, partnership, limited liability partnership, trust, society, association of persons, etc.), you represent that you have the authority to bind such entity which you are representing with these Terms.
d. You will not provide false information about you or anyone else (including, without limitation, when you are being asked on the Website to provide accurate information about your age), and you will not impersonate or appear to impersonate anyone else or otherwise misrepresent your affiliation with any person or entity.
e. You are solely responsible for maintaining the confidentiality of the password and account details. You shall be fully responsible for all activities that occur through your account. VAAYU shall not be liable to any person for any loss or damage arising as a result of your failure to maintain confidentiality of your account details, password and even comply with these Terms.
f. You will ensure to exit/sign off from your account at the end of each session.
g. If you know or suspect that there has been an unauthorized use of your account or password you shall immediately notify VAAYU.
h. If VAAYU has a reason to believe that there was an unauthorized access of your account or misuse of the Website, we may, for security reasons either (i) request you to change your password or (ii) we may suspend your account without any liability to VAAYU.
i. You understand that VAAYU will never ask you to disclose or share your password. Please ignore any such e-mail or correspondence requesting disclosure of your password.
j. You also agree and confirm as under:
i While registering yourself or while placing an order as a guest, you shall provide accurate, correct, complete and up to date information about yourself as requested over the Website. Please note that sale of product(s) to be rendered to you will be dependent upon the Information provided by you. Thus VAAYU will not be responsible if the information provided by you is inaccurate, false, incomplete or not up to date;
ii VAAYU has the right to verify and confirm the Information provided by you at any time. If upon verification it is found that the Information shared with VAAYU either as a registered user or a guest, is inaccurate, false, incomplete or not up to date in accordance with the Terms, VAAYU reserves the right to:
Where you are a registered user:
· Temporarily or indefinitely suspend or terminate your membership and refuse to provide you with access to the Website without any liability; and/or
· Reject your purchase order or stop delivery of the products, without any liability;
Where you are a guest user:
Reserves the right to reject your purchase order or refuse to deliver the products to the address provided by you without any liability;
8. REVIEWS, COMMENTS, FEEDBACK, ETC.:
a. VAAYU invites you to provide your feedbacks, suggestions, convey ideas and other submissions (collectively “Views”) on the Website or by letters or e-mails as long as the same is not violating any Indian laws and is in accordance with these Terms.
b. For avoidance of doubt, Views on the content of the Website, products, etc. are individual opinions of the visitors based on their knowledge or experience. Thus these Views are personal opinions of the author. VAAYU neither subscribes to them nor does VAAYU assume any responsibility or liability for the same.
c. If you provide Views which violate Indian laws or are contrary to these Terms, VAAYU, without any liability or prior intimation, reserves the right (but not an obligation) to remove, delete, edit or refuse to retain on Website any such View that in the sole judgment of VAAYU violates these Terms or any Indian laws. VAAYU may, if deemed fit, even suspend your access or deny you an access to the Website.
d. If you post Views on the Website or send your Views by e-mail/letter, you agree:
i All Views shall remain property of VAAYU and VAAYU shall have irrevocable, perpetual and worldwide intellectual property rights in the Views. Thus VAAYU has exclusive, royalty-free and fully sub-licensable rights to commercially exploit the Views.
ii VAAYU will be entitled to display, distribute, disclose, reproduce, modify, adapt, publish, translate, create derivative works from such Views throughout the world in any media for any purpose whatsoever, without any restriction and without any need to compensate you; and
iii VAAYU and its associates, consultants, contracted parties have the right to use the name that you submit in connection with such Views, if deemed fit.
iv You agree to waive your rights to be identified as the author of such Views;
e. You represent and warrant that the Views submitted on the Website are your personal Views and do not violate any Indian laws or do not hurt any person or entity including that the Views are not defamatory.
f. You agree to indemnify VAAYU and its associates, consultants, contracted parties, etc. for any claim against VAAYU or its associates due to posting of Views on the Website in breach of these (i) Terms or (ii) any of these representation or warranties or (iii) any applicable Indian laws.
9. YOUR OBLIGATIONS:
a. You agree and accept, interalia, the following:
i You will abide by all intellectual property right notices, information, and restrictions contained in or associated with any of the products or the Website content;
ii Any products sold by VAAYU, its affiliates, any contractors, will be used by you for lawful purposes only and intended use of the products shall comply with all applicable Indian laws.
iii You shall monitor and restrict use of Internet by minors including minor’s access to the Website. You accept full responsibility for any unauthorized use of the Website by the minors including use of your credit card(s), debit card(s) or other payment instrument (e.g. PayPal) by minors to place any orders on Website. For avoidance of doubt, a minor means person who has not completed 18 years of age.
b. You agree and accept that, amongst others, you shall not, directly or indirectly:
i Breach any applicable Indian laws or these Terms while using the Website, purchasing any product through Website ;
ii Access the Website using a false identity or on behalf of anyone else other than yourself.
iii Use VAAYU’s Website or its product(s) for non-personal use or for commercial use For example: use of the contents on the Website for any advertisement or solicitation or for gathering or transferring products purchased from Website for further sale.
iv Portray VAAYU, its product(s) in an offensive, hateful, defamatory, inaccurate or false manner.
v Commit or omit to do anything which will adversely tarnish goodwill or reputation of VAAYU, its associates, contracting parties, suppliers/designers, etc.;
vi Gain or attempt to gain any unauthorized access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt in any way the operation of the Website or any parts thereof;
vii Create or submit a submission including any View that is unlawful, grossly offensive, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially gives rise, to civil or criminal liability, or that violates any applicable Indian laws, rules, regulations or regulatory guidelines under the laws of India or that infringes or violates other parties' privacy rights or links to infringing or unauthorized content or pornographic content.
viii Send on behalf of VAAYU spam, chain-letters, pyramid schemes or any other unsolicited or unauthorized advertising or promotional materials to anyone including existing customers/designers of VAAYU or users of the Website;
ix Harass, bully, stalk, harm, defame or disparage or otherwise cause mental or physical distress or injury to anyone, or engage in any other unlawful or objectionable conduct while using the Website, purchasing any product through the Website;
x Use the Website or purchase any product through Website a to collect, obtain, compile, gather, transmit, reproduce, delete, revise, view, display, forward, any material, data or information, whether personally identifiable or not, posted by or concerning any other user of the Website;
xi Violate any of the intellectual property rights or proprietary rights of VAAYU, its licensors, its associates, contracted parties, or any third party, etc. while using the Website, purchasing any product through the Website;
xii Use software or applications such as bots, crawlers, spiders, offline readers or other automated systems to access or use the Website for illegitimate purpose or for gain or attempt to gain any unauthorized access to the Website or interfere with or attempt to interfere with any person’s use or enjoyment of the Website or any parts thereof or disrupt or attempt to disrupt the operation of the Website or any parts thereof. For avoidance of doubt, VAAYU reserves its right to prevent anyone from using such software or application even if these software or applications are harmless;
xiii Misrepresent or suggest, whether expressly or impliedly, about your association with VAAYU as anything other than the user of Website or purchaser of VAAYU’s product(s);
xiv Transmit any material that contains adware, malware, spyware, software viruses (such as time-bombs, cancel-bots, worms, trojan horses), or any other computer code, files, or programs designed to interfere, disrupt, interrupt, destroy, or limit the functionality of the Website, any computer software or hardware or telecommunications equipment of VAAYU;
xv Remove, alter, interfere with or circumvent any digital rights management mechanism, device or other content protection or access control measure (including, without limitation to geo-IT filtering and/or encryption) associated with the Website or any Website features.
a. Subject to these Terms, VAAYU hereby grants you a revocable and non-exclusive right to create a hyperlink to the home page of the Website.
a. If you breach the Terms or any policy and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms or any policy.
b. VAAYU shall not be deemed hereby to have given any authorization or deemed to have waived any rights or remedies it may have in law or equity or under these Terms or under any policy, unless and only to the extent, it does so by a specific writing signed by a duly authorized officer of VAAYU.
12. INDEMNITY AND RELEASE:
a. You shall indemnify and hold harmless VAAYU, its subsidiaries, associates, consultants, contracted parties, etc., and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any policy/document incorporated by reference or your violation of any laws, rules, regulations or the rights of a third party.
b. You hereby expressly release VAAYU and/or its associates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of VAAYU’s suppliers, fashion designers, vendors, courier companies or other parties and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
13. FORCE MAJEURE:
a. Neither party will be held liable for any loss or failure to perform any obligation (other than your payment obligation where you are still receiving all or part of any products purchased under these Terms), due to events such as storms, tsunami, fire, floods, earthquake, outbreak of any contagious diseases, or any other acts of God or any governmental act or industrial dispute(s), strikes, labour unrest, civil commotion, riots, terrorist attack, war, poor environment/weather conditions, mechanical break-down, obstruction of any public or private road/highway, of any circumstances (other than insolvency of the party) beyond any party’s reasonable control (“Force Majeure event”).
b. Party affected by Force Majeure event shall as soon as reasonably possibly send a written notice to the other party of occurrence of Force Majeure event. If the Force Majeure event continues for more than 3 months from the date of placement of purchase order for any product(s), either party may cancel the purchase order immediately by giving the other party a written notice of the termination of contract.
c. In case of termination of contract/purchase order due to Force Majeure event , you further agree to make payment for the product(s) so delivered prior to occurrence or during the occurrence, if any of the Force Majeure event.
14. GOVERNING LAW AND JURSIDICTION:
a. Terms and any policy shall be governed by and construed in accordance with the laws of Republic of India.
b. Any dispute or difference either in interpretation or otherwise, of any conditions of the Terms hereto, the same shall be referred to the courts in Kolkata, which shall have exclusive jurisdiction.
15. INFRINGEMENT OF INTELLECTUAL PROPERTIES:
a. VAAYU respects the intellectual property rights of others and expects its users to do the same. In particular, if you are an intellectual property owner and believe that any content on the Website infringes upon your intellectual property rights, you may submit a notification of the same to email@example.com or write to us at the address mentioned in ‘Notice’ clause. with the following information in writing:
i A physical or digital signature of a person authorized to act on behalf of the owner of an intellectual property right that is allegedly infringed.
ii A legibly scanned copy of the relevant registration certificate obtained from the relevant authority or evidence relating to the claim of your ownership in the intellectual property for which you (the complainant) seek to enforce against the allegedly infringing work(s).
iii Identification of the intellectual property claimed to have been infringed, or, if multiple intellectual properties/works at a single online site is covered by a single notification, a representative list of such intellectual properties/work at that site.
iv Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an e-mail is the best way to help us locate the content quickly.
v Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
vi A statement that the complaining party has a good faith in belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
vii A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
c Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the “fair use” doctrine, as you could be liable for costs and Attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an Attorney.
16. NOTICES AND COMMUNICATION:
a. Any notice to VAAYU under this Agreement may be delivered by prepaid post to following address CANDY VYAPAAR PRIVATE LIMITED, 11/1B/2 East Topsia Road, Near Mirania Garden, Kolkata-700046. E-mail: firstname.lastname@example.org
b. VAAYU shall send notices to you electronically to the e-mail address provided by you or may send a physical notice either by recognized courier service or prepaid post to the address provided by you. For avoidance of doubt, it is clarified that sending of notice by VAAYU either by e-mail or prepaid post/courier service shall be deemed to be valid and effective service of notice by VAAYU.
c. Without prejudice to clause 16(b) above, you will be required to provide a valid phone number while placing an order with us. VAAYU may communicate with you either by e-mail, short message services (SMS), phone calls or by posting notices on the Website or by any other mode of communication to fulfill your order. Thus for contractual purposes, you consent to receive communications including SMS, e-mail or phone calls from us with respect to your order or any offers or promotions.
a. VAAYU requests you to abstain from referring VAAYU to your friends or relatives who do not wish to purchase our products.
b. VAAYU requests you to abstain from providing wrong, invalid or fictitious e-mail address and thereby cause VAAYU send invitations to wrong recipients. You agree to indemnify VAAYU for any harassment claim made against VAAYU due to such wrong, invalid or fictitious e-mail addresses provided by you.
c. In addition to the Terms and various policies, VAAYU reserves to set out separate terms and conditions for any gift vouchers, offers or discounts offered by VAAYU on any of its product(s).
d. In case of a conflict in the Terms, the decision of VAAYU shall be final and concluding, and you irrevocably withdraw your right to make any claim or demur on this ground.
e. 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 they will be solely responsible for any damage to their computer resource or loss of data that results from the download of such material and/or data.
f. In case of any grievances with respect to (i) the Website, products purchased on the Website or any contents of the Website please contact us by sending e-mail to email@example.com