Terms of service
OVERVIEW
This website is operated by Devano (the “Brand”). Throughout the site, the terms “we”, “us” and “our” refer to Devano. Devano offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here and throughout devanostudio.com (the “Website”).
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be fully bound by these Terms of Service. All transactions or browsing are subject to your acceptance of these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes wholly.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and your acceptance of these Terms.
1.BACKGROUND
1.1. This document is an electronic record in terms of (i) Information Technology Act, (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.2. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the Rules and Regulations, Privacy Policy and Terms of Service for access or usage of devanostudio.com (the "Website").
1.3. This Website is owned, registered and operated by Victorious Marketing Pvt. Ltd., ("Company"), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office in Delhi, India.
1.4. These terms of usage ("Terms of Service", “Terms”, "Terms of Service") govern your use of the Website and Services (as defined below) provided through the Website. By using or visiting the Website, or by using any content or information provided as part of the Website/Services, you shall be deemed to have read, understood and accepted to be bound by these Terms of Service.
1.5. For the purpose of these Terms of Service, wherever the context so requires, "You", "Your", "Customer" or "User" shall mean any natural or legal person who uses the Website for availing the Services. The term "We" "Us" "Our" shall mean the Company/ the Brand.
1.6. We reserve the right to make changes to these Terms of Service at any time. Any such modifications will become effective immediately upon posting to the Website and your continued use of the Website, and/or the Services constitutes your agreement to such modifications wholly. You agree to periodically review the current version of these Terms of Service as posted on the Website.
2.SERVICES
2.1. Through our Website, we enable Customers to view and purchase footwear and other products and services offered.
2.2. On receipt of the order made by the Customer through the Website, the Company shall manufacture the order and shall deliver the same to the Customer only upon fulfillment of payment obligations by the Customer.
2.4. The acceptance and delivery of your order made on the Website is subject to your compliance with and acceptance of these Terms of Service.
2.5. For the purposes of these Terms of Service,
(a) "Applicable Law" shall mean any statute, law, regulation, ordinance, rule, judgment, notification, rule of common law, order, decree, bye-law, government approval, directive, guideline, requirement or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any Authority having jurisdiction over the matter in question, whether in effect as of the date of these Terms of Service or thereafter;
(b) "Authority" shall mean any national, state, provincial, local or similar government, governmental, regulatory or administrative authority, branch, agency, any statutory body or commission or any non-governmental regulatory or administrative authority, body or other organization to the extent that the rules, regulations and standards, requirements, procedures or orders of such authority, body or other organization that have the force of Applicable Law or any court, tribunal, arbitral or judicial body in India;
(c) "User Account" shall mean the personal account created by the User on the Website.
3.REPRESENTATIONS
3.1. Website – The Company hereby represents and warrants that -
3.1.1. We are a duly registered private limited company as under the relevant provisions of the Companies Act, 2013;
3.1.2. We are in compliance with the Applicable Law to provide Services, subject to these Terms of Service;
3.1.3. We will comply with the Privacy Policy stated on the website;
3.2. Customer – The Customer hereby represents and warrants that –
3.2.1. The Customer is a natural or legal person, competent to contract, and have read, understood and agreed to be bound by these Terms of Service and other policies published on the website;
3.2.2. The Customer shall provide accurate information and details at the time of registration;
3.2.3. The Customer shall not default in making payments for the Services availed and the products purchased through the Website;
3.2.4. The Customer agrees and acknowledges the fact that that there are possibilities of differences between the product image/description/relevant tags/other information relating to the product and the product in physical form and that the Customer shall not demand a return/replacement/alteration/refund of the product for such variations;
4.INTELLECTUAL PROPERTY RIGHTS
4.1. Copyright
4.1.1. All content included on the Website and made available to the Users as part of the Services, including but not limited to, text, graphics, logos, designs, photographs, button icons, images, data compilations, is the property of the Company, and is protected by the applicable intellectual property laws. The compilation of all content on this Website is the exclusive property of the Company, and shall not be reproduced or used without express written permission from the Company. You agree not to decompile, reverse engineer or disassemble any content accessible through the Website, not to insert any code or product or manipulate the content of the Website in any way that affects the User's experience, and not to use any data mining, data gathering or extraction method. We reserve the right to terminate our engagement if we, in our sole and absolute discretion, believe that you are in violation of this clause and may take legal recourse, if deemed necessary.
4.1.2. The Company’s content available on or via the Website, are provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the Company. The Company reserves all rights, not expressly granted in and to the Website.
4.1.3. All products displayed on this website or available to you through our sale channels are original works and property of the brand. They’ve been created to be sold/manufactured/produced/retail/distributed/gifted solely by the brand. If you are found reproducing, duplicating, imitating, copying or exploiting any of the products, in part or whole, or violating this clause in any manner whatsoever, strict legal recourse will be taken.
4.2. Trademarks
4.2.1. The name and logo of Devano is a property of Victorious Marketing Pvt. Ltd. Group and they have a Trademark for using the same. Any other person/ individual/firm/company/brand or others seen using the same in any form/manner wholly/in part with minor or major similarity will attract strict legal recourse for the same.
4.2.2. devanostudio.com is the domain of the Company and the company reserves the right to use the domain and all associated sub-domains for as long as stated otherwise. The Website, including, but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute the trade dress of the Company. The trademarks, domain names and trade dress of the Company shall not be used or reproduced without prior written approval from the Company, and may not be used in connection with any product or service that is not affiliated with the Company, in any manner that is likely to (a) cause confusion among Users or potential users; or (b) dilute the rights of the Company, or (c) to disparage or discredit the Company. If you are suspected engaging in any of the above stated, We reserve the right to terminate our engagement, in our sole and absolute discretion, and may take legal recourse, if deemed necessary.
4.3. License and Warranty for Your Submission to the Website
4.3.1. As between You and the Company, You own the content and information You provide to the Company, and You may request its deletion at any time, subject to the approval of the Brand/Company. Additionally, You grant the Company a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyse, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to the Company, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the Services, You submit to the Company, without any further consent, notice and/or compensation to You or to any third parties.
4.3.2. Any content or information You submit to Us is at Your own risk. By providing content or information to Us, You represent and warrant that You are entitled to submit such content and it is not confidential or not in violation of any law, contractual restriction or third party rights (including any intellectual property rights).
4.3.3 While submitting any “Personal Information” as described in our Privacy Policy, you are in full acceptance of these Terms of Service and our Privacy Policy. We are not liable, in any manner, whatsoever, for the use of your Personal Information as stated above and in other policies.
5.ONLINE STORE TERMS
5.1. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
5.2. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your absolute consent to allow any of your minor dependents to use this site. This may or may not be under your guidance. We take no responsibility for any information, images and/or any other information accessed by a minor on our website and the consequences, thereof. You take sole responsibility for access to the Website by minors.
5.3. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
5.4. You must not transmit any worms or viruses or any code of a destructive nature.
5.5. A breach or violation of any of the Terms will result in an immediate termination of your Services or legal recourse, as deemed necessary by the company.
6.GENERAL CONDITIONS
6.1. We reserve the right to refuse service to anyone for any reason at any time without having to provide any reason for the same whatsoever. We will not be liable for any inconvenience caused thereof.
6.2. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices; and (c) disclosure to all the third party service providers as required. Credit card information is encrypted during transfer over networks.
6.3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Good(s)/Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. If you’re caught doing any of the above mentioned activities, it will lead to immediate termination of engagement and attract a strict legal recourse.
7.PAYMENT TERMS
7.1. The Customer on placing an order on the Website shall be directed to a third party payment gateway operated by PayTM and its associated company. The Customer shall make payments through Net-banking/Debit Cards/Credit Cards/Wallet or any other method provided by PayTM including any payment links or QR codes.
7.2. The Customer agrees and accepts that all nuances and modalities relating to making payment using Net-banking/ Debit Cards/Credit Cards shall be separately governed by arrangement(s) / terms and conditions/ policies between the Customer and their relevant banks, and the terms and conditions of PayTM. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the aforementioned payment modes including any fraudulent transaction, delay or penalties. All issues related with payments and its consequences will be dealt with between the customer and their respective banks and PayTM.
7.3. While availing any of the payment method(s) available on the Website, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) Lack of authorization for any transactions; (b) Any payment issues arising out of the transaction; (c) Decline of such transaction for any reason; or (d) delay in transaction and its associated costs.
7.4. You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, the Company is neither acting as trustees nor acting in a fiduciary capacity with respect to the payments made by the Customer against the purchase of Services on the Website.
7.5. You are advised to check all policies and terms and conditions of the third party gateways and your bank before authorizing any payment via the website and the aforementioned payment gateways. By continuing the use of the website, you accept having read and understood all terms as stated above and of the third party service providers and agree to these payment terms wholly.
8.OTHER CHANNELS OF SALE & CASES OF IMITATION
8.1. All products sold via devanostudio.com and other channels of sale of the brand are original and designed for the brand. The brand owns and reserves the right to manufacture, produce, sell, distribute, retail, wholesale any and all of these designs for any purpose specified or otherwise by the brand alone.
8.2. You agree not to reproduce, duplicate, copy, imitate, or exploit any portion of the Good(s)/Service, use of the Service, or access to the Service for any reason whatsoever. If you are found engaging in any of the above activities, it will lead to strict legal action.
8.3. You are not allowed to sell, resell, distribute or use the products for any commercial purpose unless you have express written permission from us. If you are found engaging in any of the above activities without prior permission, it will lead to strict legal action.
8.4. All products by the brand are available through our website and our studio. We may at regular intervals partner with other retail partners on any platform – online, offline, brick and mortar stores, pop-ups, any other channel which will be disclosed time to time under the page “Partners & Stockists”.
8.5. Our products or services available through our partner channels or retailers or distributors or wholesalers through physical stores or through digital platforms or e-commerce websites is their own sole responsibility. Any issues or problems that you face with them, is at no point and under no circumstances, our responsibility. Any purchase that you make through channels other than this website and our store(s) is at your own risk and we will not be liable, in any manner, for any part or whole of the purchase.
8.6. In case you have purchased any product from our partner channels, please get in touch with their customer care team for resolving any issues that you have including exchange/return/refund. All sales made from our partner channels are final sales and complete responsibility of the partner channels alone. We are not responsible for any part of the purchase and the transactions thereof.
8.7. We will not be responsible, in any manner whatsoever, if you purchase products that are imitations/lookalikes or bear our brand name/logo/identification mark or bear any resemblance to our brand or our products, through any other channel apart from our official channels as stated above. All such purchases will be at your own risk. We advise you to contact our customer care for any clarification for partner channels or products before purchase in case of doubt.
9. DISCLAIMER
9.1. Devano has made every effort to ensure that the products are fairly described, that the product information is correct, and that the colours and get up of our products are displayed as accurately as possible. All images displayed on the website or any other platforms are only for reference and to give you an idea about the product and the actual product may differ from the images. Due to photographic lighting sources or differences in device screen settings, we are unable to guarantee that the colours and details you will see on your screen will completely reflect the true colours and details of the physical product ordered and received. We will not accept any return/refund/exchange requests for this reason.
9.2. Devano does not represent and warrant that product descriptions, photograph, get up or other description of the product or the content of this site are accurate, complete or error-free. We are not responsible for any consequences for your decisions made solely on the basis of the information provided here.
9.3. We do not provide any guarantee or warranty for the products sold by us, including the life of the product and all its components. It will be the complete responsibility of the user. You accept that you are aware about this at the time of making any purchase from us and will in no way ask for any compensation/remedy for the reason stated above.
9.4. The products are made using a wide variety of materials like false leather, textile and others, where each material has certain characteristics, functionality and life. We do not provide guarantee for any aspect of the materials used including colour fastness, protection from wear and tear or any other feature.
9.5. For leather products, if applicable
9.5.1 Leather is a natural product from animal hides and therefore differs from hide to hide. Variations in the texture of the leather should not be considered a fault but inherent of the natural beauty and uniqueness of the leather. As every piece of leather is different and may accept colour dyes a little differently during the tanning process, this may cause irregularities in the consistency and depth of the colour.
9.5.2 Leather will always have natural marking such as dents, scars, scratches, wrinkles or blemishes. These natural markings or irregularities should not be considered as a defect but rather indications of genuine leather. It is the policy of the company to not accept returns on product for any reason where the cause is due to the nature of leather products. As a natural product it is subject to wear and tear over time.
9.6. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Good(s)/Service(s) will be corrected.
9.7. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return and Refund Policy.
9.8. All customized products are made as per the customization requests given by the customer. Any part of the product for which details are not specified by the customer will be made at our discretion and as per our specifications. Any modification, change or update may or may not be accommodated and will be at our sole discretion. We will not be liable for any return/refund/exchange requests for customized orders.
9.9. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer at our sole discretion and without any intimation.
9.10. All descriptions of products, product pricing or related information is subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
10.SHIPPING & DELIVERY
All orders and their respective deliveries are subject to the shipping policy of Devano. Please refer to it before making any purchase. Continuing the use of the website or making any purchase shows you have read and accepted the shipping policy and the terms of delivery and are bound by it.
11.EXCHANGE, RETURN, REFUND & CANCELLATION
All exchanges, returns, refunds and cancellation requests made are strictly subject to the Returns and Refunds policy. Please refer to the same before making any purchase or other requests. Continuing the use of the website or making any purchase shows you have read and accepted the Return and Refund policy and are bound by it.
12.STORE CREDITS
12.1. In situations where the company provides store credits, the Store Credits or Credit Note shall be transferred to the User Account or sent to the User's registered e-mail address of such Customer. Such Store Credits or Credit Note may be used by the Customer for full redemption while making a fresh order/purchase through the Website.
12.2. Store credits are non-transferable. You shall use the Store Credits only on orders associated with Your User Account. You shall not transfer Your Store Credits to any other User Account.
12.3. At no point shall Store Credits be sold by the Customer to any person. The Company shall allot Store Credits to Your User Account as decided by the Company usually in the event of a return/refund, and such return/refund is accepted by the Company.
12.4. Store credits cannot be encashed in part or whole whatsoever at any date.
12.5. Your Store Credits shall expire in 365 days from the date of issue or in case you deactivate/ delete your account. In such cases, we will not be able to refund any value, part or whole, in lieu of the store credits.
12.6. The decision to transfer store credits will be at the complete and sole discretion of the company and will have to be accepted by the customer. Your continued use of the website and our service(s) shows acceptance for these terms.
13.COMMUNICATION
13.1. You authorize us to communicate with you for any process and any part of the delivery of product and services through any medium as per the information provided by you under Personal Information as described in our Privacy Policy, unless otherwise stated. You also authorize us to personalize the said communication to allow us to carry out our processes and efficient delivery of services.
13.2. Any communication that you receive or send across to us in any form over any medium for any reason whatsoever, you accept to bear all associated network and data rates at your end based on your network provider and its policies.
13.3. In case you wish to opt-out of our marketing communications over any platform, please write to us at customercare@devanostudio.com.
14.ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
14.1. All products are given a certain name purely for identification purposes and are fictional in nature. Any resemblance/similarity to any person, living or dead/brand/company or otherwise is purely coincidental. We will, in no manner, whatsoever, be responsible or liable, for using such names as stated above.
14.2. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
14.3. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site. Your continued use of the website or purchase of goods(s)/service(s) provided by this website shows acceptance of the above.
15.THIRD-PARTY LINKS & OPTIONAL TOOLS
15.1. Certain content, products and services available via our Website may include materials from third-parties. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
15.2. You acknowledge and agree that we provide access to such services and tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party services and optional tools.
15.3. The Website may contain links to other third-party websites ("Linked Sites") not affiliated with us. The Linked Sites are not under the control of the Website. We are not responsible for the content of any Linked Site, including, without limitation to, any link contained in a Linked Site, or any changes or updates to a Linked Site.
15.4. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
15.5. We are not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. We are providing these links only for convenience, and the inclusion of any such link does not imply endorsement by the Website, of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
15.6. On accessing the Linked Sites, You shall be governed by the Terms of Service, privacy policy and such other additional policies of the Linked Sites. You further acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any harm, damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, advertising, purchase or use of products, services, transactions made or other materials available on or through any Linked Sites or for any errors, defamatory content, libel, slander, omissions, falsehoods, obscene content, pornographic material, or any profanity contained therein.
15.7. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any use of optional tools or transaction on third party sites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party only.
15.8. Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which the services and tools are provided by the relevant third-party provider(s).
15.9. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service as well as their respective Terms of Service, if any. You are required to check the updated Terms before continuing the use of the website.
16.MODIFICATIONS TO THE SERVICE AND PRICES
16.1. Prices for our products are subject to change without notice, including any sale or promotional prices. We reserve the right at any time to modify or discontinue the Good(s)/Service (or any part or content thereof)/Collection(s) without notice at any time.
16.2. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Good(s)/Service (or any part or content thereof)/Collection(s) and its associated consequences.
16.3 All taxation and taxation policies are subject to government policy changes. You are requested to keep a check on the updated policy from time to time.
17.ACCURACY OF BILLING AND ACCOUNT INFORMATION
17.1. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. In the case of no response, we will proceed with the necessary procedure with no liability to you or any third-party.
17.2. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors, unless prior permission has been taken.
17.3. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Any discrepancy of the same and the consequences of that (like order delays, payment delays, failed transactions, etc) will be the complete responsibility of the customer. We will not be responsible for the above, in any manner whatsoever.
18. FRAUD AND IMPROPER CONDUCT
18.1. You may only access the Website and use the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree that you will not in any way:
(a) Interfere with the ability of others to use the Services;
(b) Disrupt the normal flow of communication or otherwise act in a manner that adversely affects the other Users’ ability to use the Website or the Services;
(c) Claim a relationship with or to speak for any individuals, business, association, institution, or other organization for which You are not authorized to claim such a relationship;
(d) Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
(e) Upload or post or use the Service to transfer, any content or other material that contains or constitutes viruses, Trojan or other code with malicious, disruptive and/or destructive features;
(f) You shall not attempt to gain unauthorized access to any hardware or software systems or networks associated with the Service, or obtain any services or information not intentionally made available to you by the Company on or through the Service;
(g) You shall not attempt to gain unauthorized access to the account of any other User or entity, or otherwise interfere with any other User’s or entity’s use of the Service;
(h) You shall not use any false or misleading information (e.g., false or misleading names, email addresses or URLs) when using the Service, including, without limitation, with respect to any identifying information for your account, and all information that you provide must be accurate and correct, and you must update any changes to such information, so that it remains current.
18.2. Non-adherence or violation of any of the above stated clauses will lead to an immediate termination of engagement between you and the Brand and will attract legal action, if deemed necessary.
19.USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
19.1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, feedbacks, reviews, comments or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service from our website and other digital platforms as well.
19.2. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
19.3. We will not be responsible for comments made available or posted on our website and other platforms of the brand by anyone other than the Brand and any consequences of the same. It will be the sole responsibility of the individual/party who has posted/ submitted the comments.
19.4. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party and their associated consequences. If you are found violating this clause, legal recourse will be taken to address the same.
20.PERSONAL INFORMATION & PRIVACY POLICY
The Website collects, stores, processes and uses Your information in accordance with Website’s Privacy Policy. We suggest you to read the privacy policy carefully before proceeding. By using the Website and/ or by providing Your information, You consent to the collection and use of the information You disclose on the Website in accordance with Website’s Privacy Policy.
21.ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability and any other head/sub-head present under any section of the Website. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
22.PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses and take necessary action, where required.
23.DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
23.1. The Website, all products, the Services and each portion thereof are provided "as is" and 'as available' for your use without any representation, warranties or conditions of any kind either express or implied. To the fullest extent possible pursuant to applicable laws of India, We disclaim all warranties, express or implied, with respect to the Website, the products, the Services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, durability, title, non-infringement or other violation of rights.
23.2. The Company does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise with respect to, the Website or its Services. The content made available on the Website is for Your general information and use only. The information/content made available on the Website is subject to change without issuing any prior notice to You.
23.3. Under no circumstances, including, but not limited to, negligence, shall the Company be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the Website, the Services or any portion thereof, by any person/group, including employees and contracted personnel of the Company. Please be careful about the pros and cons of making transactions on an e-commerce website before proceeding.
23.4. If you are dissatisfied or harmed by this Website or anything related to the Website, you may terminate these Terms of Service in accordance with Clause 26 below and such termination shall be your sole and exclusive remedy. You cannot hold us liable for any consequences of the said dissatisfaction or harm or for any other reason whatsoever.
23.5. The Company does not guarantee, represent or warrant that your use of our services provided by us will be uninterrupted, timely, secure or error-free. In particular, the operation of Services may be interrupted due to maintenance updates, or system or network failures or for any other reason. In the event of interruption in provision of the Services due to the above mentioned reasons, the Company may or may not inform the user of the same, and shall disclaim all liability with respect to delay in provision of Services due to the same. You expressly agree that your use of, or inability to use, the service is at your sole risk and we bear no responsibility for any part thereof.
23.6. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
23.7. Under no circumstances, shall the Company be liable for any direct, indirect, special, incidental or consequential loss or damages arising due to gross negligence or willful misconduct of any third party service providers (payment gateway service providers and logistics service providers included) engaged by the Company in processing and delivering the orders placed by the Customers on the Website or for provision of any part of the service(s).
23.8. In no case shall Devano, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
24.INDEMNIFICATION
You agree to indemnify, defend and hold harmless Devano and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (a) Your failure to comply with or breach of these Terms of Service or the documents they incorporate by reference; or (b) where any content You submit, email, or otherwise transmit to Us violates third party rights or applicable laws; or (c) any content You submit through Your use of the Services, or any portion thereof, Your connection to the Services that violates third party rights or Applicable Laws.
25.TERMINATION
These Terms of Service are effective unless and until terminated by either you or us.
25.1. The Company may terminate these Terms of Service immediately without notice in the event of any breach by You of these Terms of Service or any of Our applicable policies, as posted on the Website from time to time or upon a misuse of the Services by You. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
25.2. You may terminate these Terms of Service, for any or no reason, at any time, with notice to the Company pursuant to this Clause stating that you no longer wish to use our Services, or when you cease using our site.
25.3. In the event of any termination or expiration of these Terms of Service, the following sections of these Terms of Service shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, fraud or abuse, and the provisions of this section.
25.5 If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof) for any period of time, decided at the sole discretion of the Brand.
26.ENTIRE AGREEMENT
26.1. Unless otherwise specified herein, these Terms of Service, the Privacy Policy and all other policies and operating rules posted by us constitute the entire agreement and understanding between you and the Company in respect of the Services and govern your use of the Service, and supersedes all previous and any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). The Company’s failure to exercise or enforce any right or provision or failure to act with respect to a breach or by you or others does not waive its right to act with respect to subsequent or similar breaches.
26.2. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
27.GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles. The courts in New Delhi, India shall have the exclusive jurisdiction to determine any disputes arising in relation to, or under, these Terms of Service.
28.CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website which will be effective immediately. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes complete acceptance of those changes.
39.CONTACT INFORMATION
Any further questions about the Terms of Service should be sent to us at customercare@devanostudio.com.
