Terms &
Conditions
Welcome to the Desivesi Store provided by Desivesi.com. The terms and
conditions contained herein along with the Privacy Policy form an Agreement
regulating our relationship with regard to the use of Desivesi Store by you.
You are advised to read this Agreement carefully. If you are not agreeable to
any terms and conditions, you should not use this service. You can use the
Desivesi Stores if you are agreeable to all the terms and conditions of this
Agreement in their entirety. If you accept this agreement, it will be a
legally binding agreement between you and Desivesi.com (for Desivesi Store).
Applicable Law
This site is created and controlled by Desivesi.com in Virginia, USA; as such
the laws of Virginia, USA shall apply; courts in Virginia shall have
jurisdiction in respect of all the terms, conditions and disclaimers.
Desivesi.com reserves the right to make changes to the site and the terms,
conditions and disclaimers.
Definitions:
"Agreement" means the terms and conditions as detailed herein including all
schedules, appendices, annexure, Privacy Policy, and will include the
references to this Agreement as amended, notated, supplemented, varied or
replaced from time to time."
"Desivesi Store"/ "Site" means the online shopping platform owned and
operated by Desivesi.com. ("www.desivesi.com"), which provides a venue to the
users of Desivesi.com to buy the products listed on Desivesi Store.
"Vendor"/"Seller" shall mean the person or any legal entity who offers for
sale, sells the products on Desivesi Store.
"Customer" / "Buyer" shall mean the person or any legal entity who accepts
the offer for sale on Desivesi Store by placing an order for and or purchases
any products offered for sale on Desivesi Store.
"User"/ "You" means and includes you and/or any person or an entity including
Vendor/Seller using or accessing the services provided on this Site.
Eligibility:
You represent and warrant that you are competent and eligible to enter into
legally binding agreement and have the requisite authority to bind the other
party to this Agreement. You shall not use this Site if you are not competent
to contract under the applicable laws, rules and regulations.
Term of Agreement/Service:
This Agreement shall continue to be in full force and effect for so long as
you are using the Desivesi Stores. Desivesi.com provides the online shopping
platform wherein the Users can purchase/buy the products listed on Desivesi
Store (the "Services") pursuant to the terms and conditions set forth below.
By clicking on the [I Agree] button, you are agreeing to use the Services in
a manner consistent with and abide by the terms and conditions of this
Agreement, our Privacy Policy, and with all applicable laws and regulations.
Either you or Desivesi.com may terminate the service at any time, with or
without cause. However, Desivesi.com reserves the right, in its sole
discretion, to terminate your access to the Desivesi Stores and the related
services or any portion thereof at any time, without notice.
Modification of Terms and conditions of
Service:
Desivesi.com may at any time modify the terms and conditions ("Terms") of the
Service without any prior notification to you. You can access the latest
version of the Terms at any given time. You should regularly review the
Terms. In the event the modified Terms are not acceptable to you, you should
discontinue using the service. However, if you continue to use the service
you agree to accept and abide by the modified Terms.
Electronic Communication:
Users consents to receive communications from Desivesi.com electronically.
Desivesi.com will communicate with Users by email or by posting notices on
the Site.
Online Shopping Platform:
You agree, understand and acknowledge that Desivesi Store is an online
shopping platform, a venue enabling the users to buy any product listed on
Desivesi Store at the price indicated on the terms and conditions indicated
therein at any time from any place. You further agree and acknowledge that
Desivesi Store is not involved in any sale and purchase of goods/products
listed on this Site. Desivesi Store is only a facilitator, an intermediary
and is not and cannot be a party to or control in any manner any transactions
between the Vendor/Seller and the Customer/Buyer. Desivesi Store shall
neither be responsible nor liable to mediate or resolve any disputes or
disagreements between the Users.
Desivesi Store shall neither be liable nor responsible for any actions or
inactions of Vendors and/or Sellers or any breach of conditions,
representations or warranties by the Vendor or manufacturer of the products.
You further agree and undertake that you are accessing the services available
on this Site and transacting at your sole risk and are using your best and
prudent judgment before entering into any transaction through this Site.
Desivesi Store is not responsible for unsatisfactory or delayed performance
of services or damages or delays as a result of items, which are out of
stock, back ordered, returned undelivered or otherwise unavailable. All items
are offered only for a restricted time and only for the available supply/till
stock lasts.
Desivesi Store accepts no liability for any errors or omissions, whether on
behalf of itself or third parties.
Desivesi Store is not responsible and shall not be responsible for any
non-performance or breach of any contract entered into between Users.
All orders shall be pre-approved with an acceptable method of payment as
established by Desivesi Store which may call for and require additional
verification or information.
The address at which delivery of the product ordered by you are to be made
should be correct and proper in all respects.
Any and all orders placed by you on this Site are a firm commitment to
purchase and you are obligated to complete the transaction and not contest it
in anyway.
Before placing an order you are advised to check the product description
carefully. By placing an order for a product you agree to be bound by the
conditions of sale included in the item's description.
Credit card details:
You agree, understand and confirm that the credit card details provided by
you for availing of services on Desivesi Store will be correct and accurate
and you shall not use the credit card which is not lawfully owned by you. You
further agree and undertake to provide the correct and valid credit card
details to Desivesi Store. Further the said information will be not be
utilized and shared by Desivesi Store with any of the third parties unless
required by law, regulation or court order.
Suspension due to non-compliance with Agreement:
Notwithstanding other legal remedies that may be available to Desivesi Store,
Desivesi Store may in its sole discretion limit User activity by immediately
removing User listing either temporarily or indefinitely or suspend or
terminate User membership, and/or refuse to provide User with access to the
Site:
-
If the User is in breach
any of the terms and conditions of this Agreement and/or the Terms and
conditions of usage of Desivesi Store;
-
If the User has provided
wrong, inaccurate, incomplete or incorrect information;
-
If your actions may cause any harm, damage or
loss to the other Users or Desivesi Store.
Illegal and/or unauthorized use of the Service, including unauthorized
framing of or linking to the Desivesi Site will be investigated, and
appropriate legal action will be taken, including without limitation, civil,
criminal and injunctive redress.
Indemnity:
User agrees to defend, indemnify and hold harmless Desivesi Store,
Desivesi.com, its employees, directors, officers, agents and their successors
and assigns from and against any and all claims, liabilities, damages,
losses, costs and expenses, including attorney's fees, caused by or arising
out of claims based upon the use of User's actions or inactions, including
but not limited to any warranties, representations or undertakings or in
relation to the non-fulfillment of any of its obligations under this
Agreement or arising out of the User's infringement of any applicable laws,
regulations including but not limited to Intellectual Property Rights,
payment of statutory dues and taxes, claim of libel, defamation, violation of
rights of privacy or publicity, loss of service by other subscribers and
infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this Agreement.
Limitation of Liability
DESIVESI.COM HAS MADE THIS SERVICE AVAILABLE TO USE AS A MATTER OF
CONVENIENCE. DESIVESI.COM EXPRESSLY DISCLAIMS ANY CLAIM OR LIABILITY ARISING
OUT OF UPLOADING OF ANY OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPH OR
A PICTURE OR ALTERING OR DISTORTING THE IMAGES AVAILABLE UNDER THIS SERVICE
IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. USER AGREES AND ACKNOWLEDGES
THAT USER SHALL BE SOLELY RESPONSIBLE FOR USER'S CONDUCT AND THAT
DESIVESI.COM RESERVES THE RIGHT TO TERMINATE YOUR RIGHTS TO USE THE SERVICE
IMMEDIATELY, NOTWITHSTANDING PENAL PROVISIONS UNDER THE INDIAN CYBER LAWS OR
ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER
STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY AUTHORIZED IN THIS REGARD FROM
TIME TO TIME.
IN NO EVENT SHALL DESIVESI.COM BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER
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
DESIVESI SITES/SERVICES FOR INTERRUPTED COMMUNICATIONS, DELAY, LOST DATA OR
LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF
DESIVESI.COM HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO
USE THE DESIVESI SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DESIVESI SITES/SERVICES,
OR OTHERWISE ARISING OUT OF THE USE OF THE DESIVESI SITES/SERVICES, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
DESIVESI.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. DESIVESI.COM DOES NOT ENDORSE IN ANYWAY ANY ADVERTISERS/ CONTENTS OF
ADVERTISERS ON ITS WEBPAGES.
THE CLAUSE SHALL SURVIVE THE TERMINATION OR EXPIRY OF THIS AGREEMENT.
Privacy Policy
Use of this site is subject to our Privacy Policy Desivesi Store
respects your privacy. Desivesi Store will not intentionally monitor or
disclose any private messages or address information unless required by law,
regulation or court order. You agree to respect the privacy and
confidentiality of others.
We reserve the right to change or update these policies at any time upon
reasonable notice, effective immediately upon posting to this site.
Disclaimer
The information about the products published on Desivesi Store site are
provided by Desivesi.com on the basis of the information received from the
product manufacturers and vendors and are on an "as is where is" basis.
Desivesi.com makes no representations or warranties of any kind, express or
implied, as to the operation of the site, the information, content, materials
or products, included on this site. To the full extent permissible by
applicable law, Desivesi.com disclaims all warranties, express or implied,
including but not limited to, implied warranties of merchantability and
fitness for a particular purpose. Desivesi.com will not be liable for any
damages of any kind arising from the use of this site or any of the products
offered, including but not limited to direct, indirect, incidental, punitive
and consequential damages. Desivesi.com only facilitates the sale of products
between the Vendor and the buyer and does not directly or indirectly sell or
retail any products.
DESIVESI.COM EXPRESSLY DISCLAIMS ANY WARRANTIES WHETHER EXPRESS OR IMPLIED
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY,
CONTINUITY, PERFORMANCE, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED WITHIN THE DESIVESI SITES/SERVICES FOR ANY PURPOSE. ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DESIVESI.COM HEREBY DISCLAIMS
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS SERVICE, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT.
USER SPECIFICALLY AGREES THAT DESIVESI.COM SHALL NOT BE RESPONSIBLE FOR
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY
TRANSACTIONS ENTERED INTO THROUGH AN DESIVESI SITE/SERVICE. USERS
SPECIFICALLY AGREE THAT DESIVESI IS NOT RESPONSIBLE OR LIABLE FOR ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF
ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. USERS SPECIFICALLY AGREE THAT
DESIVESI.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN
AN DESIVESI SITE/SERVICE BY ANY THIRD PARTY.
ADVICE RECEIVED VIA THE DESIVESI SITES/SERVICES SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed to be superseded by a valid,
enforceable provision that most closely matches the intent of the original
provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement
between the user and Desivesi.com with respect to the Desivesi sites/services
and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Desivesi with
respect to the Desivesi sites/services. Desivesi.com's failure to act with
respect to a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches.
Trademarks
Desivesi.com, Desivesi Store and any other expression that contains the word
"Desivesi" are the worldwide trademarks of Desivesi.com.
These trademarks may not be used in connection with any product or service
that is not that of Desivesi.com. |
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"Where
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