- PLEASE READ THE TERMS CAREFULLY BEFORE USING OR ACCESSING ANY MATERIAL, INFORMATION, OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
- The Website is an Internet-based portal owned and operated by the company. Use of the Website is offered to you subject to acceptance of all the terms, conditions, and notices contained in the terms, along with any amendments made by the Company at its sole discretion and posted on the Website, including by way of imposing any charge for access to or use of a Service (defined below). By:
- Using this Website or any facility or service provided via this Website in any way;
The Company offers a platform that facilitates the sale and purchase of merchandise and services (“Services”) by various third-party vendors/service providers (“Vendors”) to users. The purchase of products and services shall be governed by the Terms of Offer for Sale (“Terms of Offer for Sale”).
- USER ACCOUNT, PASSWORD, AND SECURITY
- You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to –
- Immediately notify YUWA of any unauthorized use of Your Account Information or any other breach of security
- Ensure that you exit from Your Account at the end of each session. YUWA cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by YUWA or any other user of or visitor to the Website due to the authorized or unauthorized use of Your Account as a result of your failure in keeping Your Account Information secure and confidential.
- You shall ensure that the Account Information provided by you in the Website’s registration form is complete, accurate, and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
- If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or YUWA has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, YUWA has the right to suspend or terminate Your Account and refuse all current or future use of the Website (or any portion thereof).
- YUWA strives to cause Vendors to make available products and services at the best possible prices and terms. The pricing details for purchasing products and services are detailed under the Terms of Offer for Sale.
- You agree to provide correct and accurate credit/debit card details to the approved payment gateway for availing Services. You shall not use the credit/debit card you do not know lawfully own, i.e. in any transaction. You must use your own credit/debit card. The information you provide will not be utilized or shared with any third party unless required concerning fraud verifications or by law, regulation, or court order. You will be solely responsible for the security and confidentiality of your credit/debit card details. YUWA expressly disclaims all liabilities that may arise due to any unauthorized use of your credit/debit card.
- YUWA shall be under no liability whatsoever for any loss or damage arising directly or indirectly out of the decaf authorization for any transaction for any reason whatsoever.
- You agree to use the Services, Website, and the materials provided therein only for purposes that are permitted by:
- The Terms.
- Any applicable law, regulation, or generally accepted practices or guides in the relevant jurisdictions.
- You agree to adhere to all limitations on dissemination, use, and reproduction of any materials (such as the product catalogs) that you will access the Website by the Terms and particularly Section 8.
- You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that YUWA provides. You shall not use any deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
- By accessing or using the Website or Services, You may be exposed to content from other users that you may consider offensive, indecent, or otherwise objectionable. YUWA disclaims all liabilities arising concerning such offensive content on the Website. Further, you may report such offensive content in the manner prescribed below
- If the Website allows you to post and upload any material on the Website, You at this moment undertake to ensure that such material is not offensive and is under applicable laws. Further, you undertake not to:
- Defame, abuse, harass, threaten, or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, or information through any bookmark, tag, or keyword;
- Upload files that contain software or other material protected by applicable intellectual property laws unless you own or control the rights to that or have received all necessary consents;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website, or another’s computer;
- Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
- Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any YUWA server, or any of the Services offered on or through the Website, by any illegitimate means (including such as hacking and password mining);
- Probe, scan or test the Website’s vulnerability or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
- You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of YUWA, including any YUWA account not owned by you, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information-
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Websites or any affiliated or linked sites;
- Collect or store data about other users.
- Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website;
- Use the Website or any material or Content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of YUWA or other third parties;
- Conduct or forward surveys, contests, pyramid schemes, or chain letters;
- Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Violate any code of conduct or other guides, which may apply to the Service;
- Violate any applicable laws or regulations for the time being in force within or outside India;
- Violate the Terms including but not limited to any applicable Additional Terms; and
- Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
- You agree that you are solely responsible to YUWA and any third party for any breach of your obligations under the Terms and for the consequences (including any loss or damage which YUWA or its affiliates or its vendors may suffer) for any such breach.
- You agree and acknowledge that YUWA is not the seller of the products and services, and YUWA shall in no manner be deemed to be the seller of the products or services. The Website is a marketplace where buyers and sellers of goods and services may transact.
USE OF MATERIALS
- Except as expressly indicated to the contrary herein or in any applicable Additional Terms YUWA now grants you a non-exclusive, freely revocable (upon notice from YUWA), transferable access to view, download, and print product catalogs or any other materials available on the Website, subject to the following conditions:
- You may access and use the materials solely for personal, informational, and internal purposes, per the
- You may not modify or alter product catalogs or any other materials available on the Website;
- You may not remove any text, copyright, or other proprietary notices in the product catalogs or any other materials available on the Website.
- As specified above, the rights granted to you do not apply to the Website’s design, layout, or look and feel. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part. The product catalogs or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by YUWA.
- Any software that is available on the Website is the property of YUWA. You may not use, download or install any software available at the Website unless otherwise expressly permitted by YUWA.
- You shall solely be responsible for maintaining the necessary computer equipment and Internet connections that may be required to access, use and transact on the Website.
- You shall use the Website for reasonable and lawful purposes only and shall not indulge in any activity not envisaged through the Website.
- YUWA shall be under no liability whatsoever for any loss or damage arising directly or indirectly out of the decor authorization for any transaction for any reason whatsoever.
INTELLECTUAL PROPERTY RIGHTS
- The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content“) on the Website is owned and controlled by YUWA and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
- The trademarks, logos, and service marks displayed on the Website (“Marks“) are the property of YUWA. You are not permitted to use the Marks without the prior consent of YUWA.
- YUWA owns all intellectual property rights to the trademark “urban ladder” and variants thereof and the domain name, including, without limitation, any rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
- Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from YUWA or thirty party owner of such Content.
- The Website makes available general third-party information such as product catalogs, lists of authorized dealers, and reports on news, entertainment, technology and features, advertisements including videos, images, and photographs of the products, and other data from external sources (“Third Party Content“). Similar Third Party Content would also be available to you on the email received by you from YUWA. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable. YUWA does not offer any guarantee concerning any Third Party Content, and YUWA shall not be held liable for any loss suffered by you due to your reliance on or use of such data.
DISCLAIMER OF WARRANTIES & LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- You agree to indemnify, defend and hold harmless YUWA from and against any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection in addition to that and interest chargeable thereon) asserted against or incurred by YUWA that arise out of, result from or maybe payable under, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You according to these Supply Terms or any Additional Terms applicable to the purchase of Products.
- In no event shall YUWA, its officers, directors, employees, partners, or vendor be liable to you, the vendor, or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not YUWA has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your purchase of the products and services herein. Notwithstanding anything contrary, the entire liability to you under this Terms of Offer for Sale or otherwise shall be the refund of the money charged from you, under which the unlikely liability arises.
- YUWA WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. YUWA ENDEAVORS TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT. FURTHER, YUWA SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR DISCRETION AND RISK. THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. YUWA IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND. YUWA ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS CONCERNING ANY INFORMATION PROVIDED TO YOU BY ITSELF OR ON BEHALF OF THIRD PARTIES.
- YUWA SHALL NOT BE LIABLE FOR ANY THIRD-PARTY PRODUCT OR SERVICES. THE ADVERTISEMENTS AVAILABLE ON E-MAIL OR WEBSITE CONCERNING ANY THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSES ONLY.
- IN NO EVENT SHALL YUWA, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU FOR ANY
- SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT YUWA HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME
- BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, OR OTHER TORTIOUS ACTION
- ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES, OR MATERIALS.
- THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW
- YUWA may, in its sole discretion and without prior notice, terminate your access to the Website if YUWA determines that you have violated the Terms or Additional Terms or any other duty owed to YUWA. Any violation by you of the Terms will constitute an unlawful and unfair business practice and will cause irreparable harm to YUWA, for which monetary damages are likely to be inadequate. You consent to YUWA obtaining any injunctive or equitable relief that YUWA deems necessary or appropriate. These remedies are in addition to any other remedies YUWA may have at law or in equity.
- The Terms will continue to apply until terminated by either you or YUWA, as set forth below. If you want to terminate your agreement with YUWA, You may do so by:
- Not accessing the Website
- Closing your accounts (if any).
- YUWA may, at its discretion and at any time with or without notice, terminate or suspend the Terms without cause or with cause if:
- YUWA is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or according to a request by a regulatory authority)
- YUWA has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to you.
- For technical or any other reason, Termination or suspension may include:
- Removal of access to all or portion of the offerings on the Website or concerning the Services or any portion.
- Deletion of Your materials and Account Information, including your personal information, log-in ID and password, and all related information, files, and materials associated with you or inside Your Account (or any part thereof)
- Barring further use of the Website or Services. YUWA may also delete any content or other materials relating to your use of the Website.
- YUWA shall not be liable to you or any third party for any such termination.
- YUWA termination or suspension shall not affect your liability or obligation arising before such Termination or suspension.
- The Terms and all transactions entered, and the relationship between you and YUWA and any mutual claims shall be governed following the laws of India without reference to any conflict of laws principles.
- All claims, differences, and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at CONCERN District, India, and you at this moment accede to and accept the jurisdiction of such courts.
- In the event, you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the Website, please report to email@example.com
NEWSLETTERS AND COMMUNICATIONS
- You at this moment expressly agree to receive communications and newsletters from YUWA by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from YUWA anytime by following the procedure set forth on the Website.
- Notice: All notices from YUWA will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to YUWA under the Terms should be sent to firstname.lastname@example.org
- Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible to give effect to the parties’ intentions as reflected by that provision.
- Waiver: Any failure by YUWA to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
- Feedback and Information. Any feedback you provide to this Website shall be deemed to be non-confidential. YUWA shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that:
- Your feedback does not contain confidential or proprietary information of you or third parties.
- YUWA is not under any obligation of confidentiality, express or implied, concerning the feedback.
- You are not entitled to any compensation or reimbursement of any kind from YUWA for the feedback under any circumstances.