TERMS & CONDITIONS
Welcome to Wedding Asia, Wedding Asia Online Shop is an eCommerce marketplace business platform which provides wedding related products and services through our partner vendors (“Vendors”). The website by the domain name "https://weddingasiaonlineshop.com/" (hereinafter referred to as the "Platform") is owned and managed by Wedding Asia LLP, F-313, 3rd Floor, Lado Sarai, New Delhi-110030, (hereinafter referred to as "Wedding Asia Online Shop").
SCOPE OF Wedding Asia Online Shop
- Through the Platform, Wedding Asia Online Shop provides services including but not limited to (i) providing an online platform for its members to negotiate/ interact for buying various products and services listed on the Platform; (ii) collecting User information; (iii) other related services including data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the "Content") and (iv) any specialty or additional services as Wedding Asia Online Shop may offer to Users from time to time.
- Wedding Asia Online Shop merely provides an online venue however, Wedding Asia Online Shop is not manufacturing/producing/designing the products and/or services purchased by the User(s) via the Platform or neither does give any warranty and representation about the authenticity and quality of the product/service of our Vendors. All transactions shall be the responsibility of the members only. The Agreement shall not be deemed to create any partnership, joint venture, or other joint business relationship between Wedding Asia Online Shop and other party.
- To the extent you access the Wedding Asia Online Shop Services through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. By using the Wedding Asia Online Shop Services, you agree that we may communicate with you regarding Wedding Asia Online Shop Services and other entities by SMS, MMS, emails, text message, or other electronic means to your mobile device and/or through the Platform by push notifications, reminders and alerts for the purpose of providing the Wedding Asia Online Shop Service and other information. We shall have no responsibility in any manner whatsoever regarding any promotional emails or SMS/MMS sent to you. The offers made in those promotional emails, SMS/MMS or otherwise shall be subject to change at the sole discretion of Wedding Asia Online Shop and Wedding Asia Online Shop owes no responsibility to provide you any information regarding such change.
- This Platform may provide certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to contact Vendors about their products or services, receive and reply to messages from Platform and access certain other features (collectively, the "Mobile Services"). Your mobile carrier's normal messaging, data, and other rates and fees may apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, you agree that Platform may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to Platform. In the event you change or deactivate your mobile telephone number, you agree to promptly update your mobile subscription account information with us to ensure that the messages Platform intends to send to you are not sent to another person or entity who acquires such mobile telephone number.
PLATFORM ACCESS, LICENSE AND OTHER CONDITIONS
- Subject to the terms and conditions stated in the Agreement, you may access and use the Platform and any other software that may be made available by Wedding Asia Online Shop in connection with the services or any mobile application(s) (future or present) (collectively referred to as the "Platform") and which contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You hereby acknowledge and agree that Wedding Asia, in its discretion, at any time during the use of the Platform may not provide any part of the Platform. All rights, title and interest in and to the Platform and its components will remain with and belong exclusively to Wedding Asia. You shall comply with all notices, codes of conduct and policies of the Wedding Asia Online Shop published in connection with the use of the Platform and the services provided therein, and you shall promptly notify Wedding Asia Online Shop if you become aware of a security breach or a potential security breach related to the Platform.
- Wedding Asia Online Shop reserves the right at all times to discontinue or modify any portion of the Agreement as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our terms and conditions from time to time in order that you stay informed as to any such changes. If we make changes to our terms and conditions and you continue to use the Platform, you are impliedly agreeing to the terms and conditions and expressed therein. Any such deletions or modifications shall be effective immediately upon the Wedding Asia's posting thereof. Any use of the Platform by you after such notice shall be deemed to constitute acceptance by you of such modifications. The Agreement, as modified or amended from time to time, is a binding contract between Wedding Asia Online Shop and you. If you visit or use Wedding Asia Online Shop Services through the Platform, you accept the Agreement.
- The Platform is freely accessible to the User however; the User will have to register with us and create their account prior to availing Wedding Asia Online Shop Services. If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to the Agreement (constituting a legal and binding agreement); (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Wedding Asia Online Shop during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office. Our services are available only to those members who can form legally binding contracts under the applicable law. Therefore, User(s) must not be a minor as per the applicable law i.e. User(s) must be at least 18 years of age to be eligible to use the Platform. Wedding Asia Online Shop advises its User(s) that while accessing the Platform, they must follow/abide by the related laws.
- The Agreement applies to User(s) if User(s) are visitors, registered - free or paid User(s) who access the Platform and avail services online or otherwise (including through mobile application) for any purpose in accordance with the Agreement along with any additional terms and condition that may be applicable to the specific service used/accessed by the User(s). In the event of a conflict or inconsistency between any provision of the Agreement mentioned herein with those of a particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
- If Wedding Asia Online Shop and you mutually agree to use an Electronic Data Interchange (“EDI”) system to facilitate purchase and sale transactions, you agree that that you will not contest: (i) any contract of sale resulting from an EDI transaction under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of EDI records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Wedding Asia Online Shop and you will negotiate and agree on technical standards and methods to use in making EDI purchases, and will use reasonable security procedures to protect EDI records from improper access. In the event of a conflict, the business records maintained by Wedding Asia Online Shop regarding EDI purchases made by you shall be deemed to be conclusive.
INTELLECTUAL PROPERTY RIGHTS
- Wedding Asia Online Shop is the sole owner or lawful licensee of all the rights to the Platform’s Intellectual Property. Platform’s Intellectual Property not limited to shall mean its design, layout, text, images, graphics, sound, video etc. The Platform’s content embodies trade secrets and intellectual property rights protected under copyright and other laws. All title, ownership and intellectual property rights in respect to the Platform and its content shall remain with Wedding Asia, its affiliates at all times or licensor's of Wedding Asia’s content, as the case may be.
- All rights not otherwise claimed under the Agreement or by Wedding Asia, are hereby reserved. The information provided on the Platform is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. Wedding Asia Online Shop does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "content") contained on, distributed through, or linked, downloaded or accessed from the Platform or otherwise (including through mobile application), or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
- We accept no responsibility for any errors or omissions, or for the results obtained from the use of any information. All information on the Platform is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall Wedding Asia Online Shop be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of the Platform must hereby acknowledge that any reliance upon any content shall be at their sole risk.
- Wedding Asia Online Shop reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Platform or the content.
- Wedding Asia Online Shop is not an expert in your intellectual property rights, and we cannot verify that the users of our online marketplace or otherwise - who post numerous trade leads for items on the Platform or otherwise - have the right to sell the goods offered. We will appreciate your assistance in identifying listings which may not appear on their face to infringe your rights but which you believe are infringing. Wedding Asia Online Shop is also not an arbiter or judge of disputes about intellectual property rights. By taking down a listing, as a prudential matter, Wedding Asia Online Shop is not endorsing a claim of infringement. Neither, in those instances in which Wedding Asia Online Shop declines to take down a listing, is Wedding Asia Online Shop determining that the listing is not infringing, nor is Wedding Asia Online Shop endorsing the sale of goods in such cases.
- Wedding Asia Online Shop respects the intellectual property rights of others, and we expect you to do the same. You agree that you will not copy, download & reproduce any information, text, images, video clips, directories, files, databases or listings available on or through the Wedding Asia Online Shop Platform (the "Wedding Asia Online Shop content") for the purpose of re-selling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise), operating a business competing with Wedding Asia, or otherwise commercially exploiting the Wedding Asia Online Shop content. Systematic retrieval of Wedding Asia Online Shop content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through automatic devices or manual processes) without written permission from Wedding Asia Online Shop is prohibited.
- In addition, use of the content for any purpose not expressly permitted in the Agreement is prohibited and may invite legal action. As a condition of your access to and use of the Platform, you agree that you will not use the Platform to infringe the intellectual property rights of others in any way. Wedding Asia Online Shop reserves the right to terminate your account upon discovering any infringement of the rights of others in conjunction with use of the Platform, or if Wedding Asia Online Shop believes that your conduct is harmful to the interests of Wedding Asia, its affiliates, or other users, or for any other reason in Wedding Asia's sole discretion, with or without cause.
LINKS TO THIRD PARTY WEBSITES
- Links to third party websites are provided by Wedding Asia Online Shop as a convenience to you and Wedding Asia Online Shop does not have any control over such websites i.e. content and resources provided by them.
- Wedding Asia Online Shop may allow you to access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's Services. You are cautioned to read such websites' terms and conditions and/or privacy policies before using such websites in order to be aware of the terms and conditions of your use of such websites. Wedding Asia Online Shop believes that User(s) acknowledge that Wedding Asia Online Shop has no control over such third party's website, does not monitor such websites, and Wedding Asia Online Shop shall not be responsible or liable to anyone for such third party website, or any content, products or services made available on such a website.
- If you decide to access any of the third party sites linked to or from this Platform, you do this entirely at your own risk. You must take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on our Platform to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Wedding Asia Online Shop makes no representation or warranty as to any third party Content, products or services, and you agree that Wedding Asia Online Shop shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products or services available on or through any such site or resource.
- Most content and some of the features of the Platform are made available to visitors free of charge. However, Wedding Asia Online Shop reserves the right to terminate access to certain areas or features of the Platform (to paying or registered users) at any time for any reason, with or without notice. Wedding Asia Online Shop also reserves the universal right to deny access to particular users to any/all of its services/content without any prior notice/explanation in order to protect the interests of Wedding Asia Online Shop and/or other visitors. Wedding Asia Online Shop reserves the right to limit, deny or create different access to the Platform and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
- Wedding Asia Online Shop withholds the right to temporary or permanent termination of your account for any of the following reasons:
- If it concludes that you have provided any false information in connection with your account to Wedding Asia Online Shop or are engaged in fraudulent or illegal activities.
- The User(s) breach any provisions of the Agreement.
- Utilize Wedding Asia Online Shop Services to send spam messages or repeatedly publish the same product information.
- Post any material that is not related to trade or business cooperation.
- Impersonate or unlawfully use another companies name to post information or conduct business of any form
- Any unauthorized access, use, modification, or control of the Platform database, network or related services.
- If Wedding Asia Online Shop terminates a User’s account, User(s) will not have the right to re-enroll or join Wedding Asia Online Shop under a new account or name unless formally invited to do so by Wedding Asia. In any case of termination, no charges will be refunded. User(s) acknowledge that inability to use the Platform wholly or partially for whatever reason may have adverse effects on its business. User(s) hereby agree that in no event shall the Wedding Asia Online Shop be liable to the User(s) or any third parties for any inability to use the Platform (whether due to disruption, limited access, changes to or termination of any features on the Platform or otherwise), any delays, errors or omissions with respect to any communication or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the Platform or any of its features.
- To become a Registered User(s) there is a proper procedure which is for the convenience of User(s) so that they can easily register themselves as Wedding Asia Online Shop User.
- User(s) can become a Registered User(s) by filling an online registration form on the Platform by giving desired information (name, contact information, details of its business, etc.). Wedding Asia Online Shop will establish an account ("Account") for the User(s) upon registration and assign a User alias ("User ID") and password ("Password") for log-in access to your Account.
- If you register on behalf of a business entity, you represent that business entity and (a) you have the authority to bind the entity to terms and condition of use and/or the Agreement; (b) the address you use when registering is the principal place of business of such business entity; and (c) all other information submitted to Wedding Asia Online Shop during the registration process is true, accurate, current and complete. For purposes of this provision, a branch or representative office will not be considered a separate entity and its principal place of business will be deemed to be that of its head office.
- By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize Wedding Asia Online Shop to share such information with other User(s). Wedding Asia Online Shop may refuse registration and deny the registration and associated User ID and Password to any User for whatever reason. Wedding Asia Online Shop Services may suspend or terminate an account at any time without any prior notification in interest of Wedding Asia Online Shop or general interest of its visitors/other members without giving any reason thereof. Registered User is not a part or affiliate of Wedding Asia Online Shop in any way.
- You consent to be contacted by Wedding Asia Online Shop through phone calls, text messages, notifications or any other means of communication, in respect to the services provided by Wedding Asia.
POSTING YOUR CONTENT ON Wedding Asia Online Shop PLATFORM (IPR)
- Some of the content displayed on the Wedding Asia Online Shop Platform is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Wedding Asia Online Shop Services using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.
- Wedding Asia Online Shop in such cases is not the author. The content here is contributed by registered or paid User(s). Neither Wedding Asia Online Shop nor any of its affiliates, directors, officers or employees has entered into a sales agency relationship with such a third party by virtue of our display of the Third-Party Content on the Wedding Asia Online Shop Platform. Any Third-Party content is the sole responsibility of the party who has provided the content. Wedding Asia Online Shop is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third-Party content, and shall not be liable to any User(s) in connection with his/her reliance on such Third-Party content. In addition, Wedding Asia Online Shop is not responsible for the conduct of User(s) activities on the Wedding Asia Online Shop Platform and shall not be liable to any person in connection with any damage suffered by any person as a result of any such User's conduct.
- User(s) solely represent, warrant and agree to:
- provide Wedding Asia Online Shop with true, accurate, current and complete information to be displayed on the Wedding Asia Online Shop Platform and
- maintain and promptly amend all information to keep it true, accurate, current and complete.
- User(s) hereby grant an irrevocable, perpetual, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Wedding Asia Online Shop to display and use all information provided by them in accordance with the purposes set forth in agreement and to exercise the copyright, publicity, and database rights you have in such material or information, in any form of media, third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on the Wedding Asia Online Shop Platform, including but not limited to rights of personality and rights of privacy, or affecting or relating to products that are offered or displayed on the Wedding Asia Online Shop Platform (hereafter referred to as "Third-Party Rights").
- User(s) hereby represent, warrants and agree that User(s) shall be solely responsible for ensuring that any material or information you post on the Platform or provide to Wedding Asia Online Shop or authorize Wedding Asia Online Shop to display, does not, and that the products represented thereby do not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights. User(s) hereby represent, warrant and agree that they have the right to manufacture, offer, sell, import and distribute the products offered and displayed on the Platform, and that such manufacture, offer, sale, importation and/or distribution of those products violates no Third Party Rights.
- User(s) hereby represent, warrant and agree that information submitted to Wedding Asia Online Shop for display on the Platform will not:
- Contain fraudulent information or make fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- Be part of a scheme to defraud other User(s) of the Wedding Asia Online Shop Platform or for any other unlawful purpose;
- Relate to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party's copyright, patent, trademarks, trade secret or other proprietary right or rights of publicity or privacy, or any other Third-Party Rights;
- Violate any applicable law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, libelous, unlawfully threatening or unlawfully harassing;
- Be obscene or contain or infer any pornography or sex-related merchandising or any other content or otherwise promotes sexually explicit materials or is otherwise harmful to minors;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone's privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- Solicit business from any User(s) in connection with a commercial activity that competes with Wedding Asia;
- Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under the prevailing law; or
- Otherwise create any liability for Wedding Asia Online Shop or its affiliates.
- Wedding Asia Online Shop reserves the right in its sole discretion to remove any material/content/photos/offers displayed on the Platform which it reasonably believes is unlawful, could subject Wedding Asia Online Shop to liability, violates the Agreement or is otherwise found inappropriate in Wedding Asia's opinion. Wedding Asia Online Shop reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing.
- In connection with any of the foregoing, Wedding Asia Online Shop may suspend or terminate the Account of any User as Wedding Asia Online Shop deems appropriate in its sole discretion. User(s) agree that Wedding Asia Online Shop shall have no liability to any User(s), including no liability for consequential or any other damages, in the event Wedding Asia Online Shop takes any of the actions mentioned in this Section, and that you agree to bear the risk that Wedding Asia Online Shop may take such actions.
- Wedding Asia Online Shop acts as a content integrator and is not responsible for the information provided by User(s) to be displayed on the Platform. Wedding Asia Online Shop does not have any role in developing the content including product listings.
- If you choose to participate in a promotion or other Platform-sponsored activity ("Platform Activity"), you agree to comply with any rules or regulations governing such Platform Activity. Additionally, as a condition of your continued participation in the Platform Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Platform Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Platform Activity and may result in additional legal actions by Wedding Asia.
INTERACTION BETWEEN USERS
- Wedding Asia Online Shop provides a platform for exchanging information and sale transactions between User(s) and Vendors of products and services. Wedding Asia Online Shop does not represent the Vendor(s) or the User(s) in any transactions. Wedding Asia Online Shop does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale by Vendors or the ability of the Vendors to complete a sale or the ability of User(s) to complete a purchase. User(s) are cautioned that there may be risks of dealing with foreign nationals or people acting under false pretenses. Wedding Asia Online Shop cannot and does not confirm each User(s) or Vendor(s) purported identity.
- User(s) acknowledge that User(s) fully assume the risks of purchase and sale transactions when using the Platform to conduct transactions, and that User(s) fully assume the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform.
- Such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract and transportation accidents. Such risks also include the risks that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered may violate or may be asserted to violate Third Party Rights, and the risk that you may incur costs of defense or other costs in connection with third parties' assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants. All the foregoing risks are hereafter referred to as "Transaction Risks".
- User(s) agree that Wedding Asia Online Shop shall not be liable or responsible for any damages, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may occur/arise as a result of or in connection with any Transaction Risks. User(s) are solely responsible for all of the terms and conditions of the transactions conducted on, through or as a result of use of the Platform. In the event of a dispute with any party to a transaction, User(s) agrees to release and indemnify Wedding Asia Online Shop (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction. User(s) may use the content/features on the Platform solely for their personal or internal purposes. User(s) agree that they will not use the Platform to send junk mail, chain letters or spamming or the transmission of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Further, as a Registered User, User(s) will not use the Email Account to publish, distribute, transmit or circulate any unsolicited advertising or promotional information or any content that is obscene, indecent, seditious, offensive, defamatory, threatening, or which incites or results in causing racial hatred, discrimination, menace or breach of confidence.
- Wedding Asia Online Shop reserves the right to add/modify/discontinue any of the features offered on the Platform.
LIMITATION OF LIABILITY/DISCLAIMER
- The features and content of the Platform are provided on an "as is" and "as available" basis, and Wedding Asia Online Shop hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. Wedding Asia Online Shop makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability and completeness of any information provided on or through the Platform. Wedding Asia Online Shop does not represent or warranty that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform does not violate any third party rights; and Wedding Asia Online Shop makes no representations or warranties of any kind concerning any product or service offered or displayed on the Platform. Any material downloaded or otherwise obtained through the Platform is done at your sole discretion and risk and you are solely responsible for any damage to your computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by you from Platform or through the Platform shall create any warranty not expressly stated herein.
- Under no circumstances shall Wedding Asia Online Shop be held liable for an delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save Wedding Asia, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the Wedding Asia Online Shop Services (including but not limited to the display of your information on the Wedding Asia Online Shop Platform) or from your breach of any of the terms and conditions of the Agreement. User(s) hereby further agree to indemnify and save Wedding Asia, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your breach of any representations and warranties made by you to Wedding Asia.
- User(s) hereby further agree to indemnify and save Wedding Asia, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products and services offered or displayed on the Platform or otherwise. User(s) hereby further agree that Wedding Asia Online Shop is not responsible and shall have no liability to it, for any material posted by others; including defamatory, offensive or illicit material and that the risk of damages from such material rests entirely with you. Wedding Asia Online Shop reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with Wedding Asia Online Shop in asserting any available defenses.
- Wedding Asia Online Shop shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages.
- All notices or demands to or upon Wedding Asia Online Shop shall be effective if in writing and shall be duly made when sent to Wedding Asia Online Shop in the following manner:
- WEDDING ASIA, LLP
F-313,3rd Floor, Lado Sarai, New Delhi-110030, Delhi
- All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence or email address provided by the User(s) to Wedding Asia, or by posting such notice or demand on an area of the Platform.
- Notice to a User(s) shall be deemed to be received by such User(s) if and when Wedding Asia Online Shop is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Wedding Asia's posting such notice on an area of the Platform.
GOVERNING LAW AND JURISDICTION
This Agreement shall be construed in accordance with the applicable laws of India. The Courts at Punjab shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Wedding Asia Online Shop and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Ludhiana.
- Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Wedding Asia's failure to enforce any right or failure to act with respect to any breach by a User(s) under this Agreement will not waive that right nor waive Wedding Asia's right to act with respect with subsequent or similar breaches.
- Wedding Asia Online Shop shall have the right to assign its obligations and duties in the Agreement and in any agreement relating to any/all of its services to any person or entity.
- If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
- All calls to Wedding Asia Online Shop are completely confidential. However, your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from Wedding Asia Online Shop may be monitored and recorded.
- The Agreement constitutes the entire agreement between the User(s) and Wedding Asia Online Shop with respect to access to and use of the Platform, superseding any prior written or oral agreements in relation to the same subject matter herein.