SALES CONDITIONS AND OTHER POLICIES FOR THE WEBSITE “adultsextoysindia.com”
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adultsextoysindia.com
The Website is an online marketplace where users can buy a variety of products such as energy drinks, lubricants, lingerie, cosmetics, massage gels, massage apparatus, adult industry products, oils and gels, jewellery, watches, perfumes, colognes, apparels, books, and more from the Company, its affiliates, associate companies, consultants, directors, employees, advisors, partners, and suppliers, subject to the terms and conditions of this agreement (“Agreement”).
This Agreement sets forth the terms and restrictions that apply to your use of this Website. As a condition of your use of this Website, you agree to be bound by all of the terms and conditions of this Agreement. You will have the opportunity to indicate whether or not you agree to these conditions at several points throughout the course of each transaction. If you choose to proceed with a transaction after reviewing these terms, please click the “I Accept” button at the bottom of this page to indicate your agreement with and understanding of these terms, and the terms will become a legally binding and enforceable Agreement between you and the Company. If there is a single provision herein that you find objectionable, or if you have concerns about any of the provisions herein, you should not use this Website or engage in any transaction on it.
The content and Products provided on this website or elsewhere are not meant to replace competent medical or legal counsel. Additional disclaimers and cautions may exist throughout the Website and on the Products, and the User’s use of the Website and/or Products is subject to such disclaimers and caveats. In no event shall the Company, its affiliates, subsidiaries, consultants, directors, employees, advisors, partners, or suppliers be held liable for any action or inaction taken by the User in reliance upon the information, Products, and other materials provided on this Website. The Company and its subsidiaries, affiliates, associate companies, consultants, directors, employees, partners, agents, and suppliers make every effort to ensure the accuracy, completeness, and timeliness of the information relating to the various Products offered on this Website; however, they make no such guarantee and are not responsible for any damage and/or loss related to the accuracy, completeness, or timeliness of such information.
Any aspect of the Products, including the availability of features, databases, and material on the Website, is subject to modification, suspension, and/or termination at any time by the Company. Without advance warning or responsibility, the Company may also limit access to some or all of the Products or specific features within the Products.
The foregoing is the official business address of the Company to which all communications should be sent.
The Company and the User are each referred to as a “Party” and collectively as the “Parties” throughout this Agreement.
ELIGIBILITY
The User declares that, if they are an individual (i.e., not a corporation), they are at least eighteen (18) years old but at least the age of majority under the laws that apply in their area and/or jurisdiction. You affirm that you (and, if different, the recipient of the Product) meet the age requirements necessary to purchase that Product from our Website by placing an order for any of the Products. The Website will use your visit, dealing, and/or transaction as a representation that you are able to engage into valid legal contracts under the rules that apply in your region and/or jurisdiction.You are not permitted to use our products for any unlawful or unauthorised purposes, nor are you permitted to use them in a way that violates local laws (including but not limited to laws pertaining to intellectual property rights). You must not distribute any worms, viruses, or other disruptive code. If there is a breach or violation, the services will be terminated immediately, and you could face legal repercussions. The User additionally guarantees that they are legally able to engage into further binding agreements for the same if they are using the Products that the Website offers. The User acknowledges that all of the User’s access to and use of the Products and the Website (as well as any unauthorised use of the User’s account by third parties) will be financially accountable. The User further guarantees that all information provided by the User in connection with using the Products and accessing the Website is true and accurate, including without limitation the User’s name, email address, street address, telephone number, mobile number, credit/debit card number, and other payment details. The User could face both legal and criminal consequences for giving false information. In places where this Agreement or any of its provisions are invalid or illegal, access to the Website is no longer permitted.
MODIFICATION OF TERMS
The company can change these terms at any time without telling anyone ahead of time. The User is responsible for reading and understanding any changes or updates made by the Company from time to time. The User is also bound by this Agreement as it is changed by the Company from time to time. When a user places an order for a product, makes a transaction on the website, uses any information from the website, or uses a product after receiving this notice, they are agreeing to the new terms and conditions of this agreement.
INTELLECTUAL PROPERTY RIGHTS
WEBSITE CONTENT
A.The User agrees and acknowledges that the Company keeps all rights, title, ownership, and interest in and to the Website, all data and information other than data and information about the Products provided by third party service providers through the Website (“Third Party Content”), content, material, text, literature, images, illustrations, photographs, videos, clippings, graphics, scripts, page headers, sounds, music, interactive features, the selection and arrangement, and the selection and arrangement of the Products. The Company has the right to use all of these rights, including intellectual property rights, in any way, means, or mode, forever, and anywhere in the world.
B.All of the Company’s intellectual property is a valuable treasure, and the User agrees to protect, keep safe, and keep secret all of the Company’s intellectual property. The User agrees that if the Company’s intellectual property is shared without permission, it will lose or lose some of its value and cause irreparable harm and loss to the Company. The User also agrees that monetary damages will not be enough to make up for any breach of confidence. So, the User agrees that the Company has the right, in addition to its rights in law and equity, including the right to sue for damages, to seek instant injunctive relief and specific performance to make sure the confidentiality rules in this contract are followed.
C.As a collection or compilation, the Website is subject to copyright protection under domestic and international laws all around the world. Without the prior written permission of the Company, the User may not copy, reproduce, republish, distribute, transmit, modify, edit, sell, transfer, licence, translate, communicate, publish, use, or exploit the Website and/or its content in any way, nor may the User create any derivative works based on the Website and/or its content.
D.The Company owns all rights, title, and interest in and to any and all logos, trademarks, brand names, service marks, trade names, slogans, and other indicia (“Marks”) used on or in connection with the Website and/or its content. The User agrees not to exhibit, use, or exploit the same in any way without the prior written consent of the Company. Nothing on this site should be considered as giving you any kind of licence or permission to use any of the Marks, either expressly or by implication.
E.Any unauthorised use by the User of the Website, its Content, or the Marks is forbidden. To the fullest extent permissible by law, the User is warned that the Company will aggressively pursue its intellectual property rights in the Website and/or its contents, including by seeking legal remedies including criminal consequences solely at the risk of the User.
THIRD PARTY CONTENT
Copyright, trademark, and other intellectual property laws and treaties may apply to any third-party trademarks, logos, pictures, images, information, or other intellectual property contained on or accessible through the Website. All rights in and to any such intellectual property are hereby reserved by each such third party. Any content accessible through the Services may be subject to copyright notices, intellectual property rights, information, and restrictions.
SUBMISSIONS
Unless otherwise specified in this Agreement or on the Website, anything that you submit or post on the Website or provide to the Company, including, but not limited to, ideas, questions, reviews, know-how, techniques, comments, and suggestions (collectively, “Submissions”), will be considered non-confidential and non-proprietary, and the Company will have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, incorporate and otherwise exploit such Submissions for any purpose The Company shall own all rights, title, and interest in and to the Submissions without compensation to you.
COMMENTS
You agree that we may, at any time, and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. This applies whether the Company requests that you send certain specific submissions (for example, contest entries), or whether you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or in any other manner (collectively, ‘Comments’). We are not obligated in any way, and we do not intend to create any such obligation, including but not limited to the following: (1) to treat any Comments as confidential information; (2) to pay remuneration for any Comments; and (3) to react to any Comments. You are not permitted to post comments using a fictitious e-mail address, to impersonate someone other than yourself, or in any other way to attempt to mislead either us or any third parties regarding the origin of any remarks. You alone are to blame for any Comments you post and the content of such comments, regardless of how accurate they may be. We take no responsibility for, and will not be held liable for, any comments that are placed on our site by you or any other user.
RESTRICTIONS
It is completely forbidden for the User to make improper use of the material and/or Marks and/or content and/or the Website and/or the Services in any way, except as expressly permitted in this Agreement. The User is advised that the Company will vigorously enforce its intellectual property rights in the Website and/or Services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at the User’s risk as to costs and consequences. The User acknowledges that the Company will do so and accepts full responsibility for any costs and consequences that may result from the Company’s enforcement of its intellectual property rights.
REGISTRATION DATA
After the User has been successfully registered on the Website and has supplied all of the pertinent information relating to the User that is requested on the Website, the User will be granted permission to use the Website for any online transaction. The User is completely responsible for maintaining the secrecy of both their User ID and their Password at all times.
The accuracy and correctness of any such facts and information provided by the User during registration are the exclusive responsibility of the User. If the Company sees appropriate, it is within its sole discretion to check into those particulars and make sure they are accurate. If the Company has reason to doubt the correctness of any detail or information provided by the User, or in the case that any information furnished by the User is found to be incorrect, false, or misleading, then the Company shall be entitled to cancel or suspend the registration of the User permanently or for such a period of time as the Company deems fit. This right to cancel or suspend the registration of the User shall remain in effect until the Company determines otherwise.
To ensure that the Company does not infringe on any rights the User may have in his or her information, the User hereby grants the Company the right to use the specifics and information that the User supplies to the Company. The User hereby consents to and agrees to grant to the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sub-licensable right to exercise the copyright, publicity, and database rights (but not any other rights) that the User has in his or her information, with respect to the User’s information, in any media now known or that will be known in the future. This right is granted with the understanding that the User retains all other rights in his or her information. The information provided by the User will only be used by the Company in compliance with the terms of this Agreement.
The User confirms that the Company shall not be responsible for:
- Any shortcoming in the Products that can be attributed, in whole or in part, to the User.
- Any loss or damage that may be incurred by the User as a result of information that is erroneous, incomplete, or false and that was provided by the User.
- Any shortfall in the payment of consideration owed by the User to any third parties is subject to this clause.
- The User shall further be liable to be prosecuted and/or punished under relevant laws for giving false, erroneous, incomplete, and/or misleading information to the Company.This liability shall arise in accordance with the terms of this Agreement.
PAYMENT TERMS
Terms of Sale and Conditions for Financial Transactions Before making any purchases on the Website, the User is required to supply the Company with a valid credit, debit, or cash card number as well as associated payment information, which must include each of the following in its entirety:
(a) The name of the User as it appears on the card;
(b) The number of the User’s credit, debit, or cash card;
(c) The kind of credit, debit, or cash card;
(d) The expiration date; and
(e) Any activation numbers or codes that are required to charge the User’s card.
The User acknowledges that by providing the Company with the aforementioned information, the User consents to and authorises the Company to charge the User’s card at any time the Company deems it necessary. Each and every sale of Products is final. There are no refunds available for any of the fees associated with those sales.
(II) METHODS OF PAYMENT, TERMS RELATING TO CREDIT/DEBIT/CASH CARDS, AND TAXES
VISA, MasterCard, American Express, and any other credit, debit, or cash cards that are approved can be used to make payments in full. However, the Company reserves the right to discontinue any of these payment options at any time in its sole discretion. The payment can be made in any of the currencies that are recognised by the laws of the United States. Any other method of payment that is not specifically mentioned on the website is not one that the Company will accept. The User hereby agrees to all limits, terms, and conditions that are linked with any other forms of payment that the Company offers or accepts, in the event that the Company offers or accepts any other form of payment. The card issuer agreement of the User regulates the User’s use of the User designated card, and the User must refer to that agreement and not these Terms of Service in order to identify the User’s rights and responsibilities as a cardholder. The User is responsible for complying with the terms of the card issuer agreement. It is the responsibility of the user, not the company, to pay any unauthorised amounts that are charged to the user’s credit card, debit card, or cash card by a third party. The User acknowledges and accepts that any and all fees and charges that are accrued in connection with the User’s purchases (including any and all applicable taxes) will be paid by the User at the rates that were in effect at the time that the charges were incurred. If the User does not notify the Company of any discrepancies within seven (7) days after they first show on the User’s credit or debit card statement, the User accepts that they will be presumed accepted by the User for all reasons. This applies even if the User does not notify the Company of any discrepancies. If the Company does not receive payment from the issuer of the User’s credit, debit, or cash card or its agent, the User agrees to pay any sums outstanding upon demand by the Company or its representatives. This includes paying any finance charges that may apply. The User is responsible for paying any taxes that may be imposed by the government on the purchases made by the User. These taxes may include, but are not limited to, sales taxes, use taxes, or value-added taxes. For all orders that are going to be fulfilled, the Company will routinely calculate, charge, and withhold the appropriate sales tax. In addition, all payments must be processed in accordance with the Payment Policy, which can be found on the website.
FRAUD
The Company is required to actively report and prosecute any real or suspected instances of fraud involving credit, debit, or cash cards. The Company reserves the right to request additional authorization from the User, which may come in the form of a telephone confirmation of the User’s order and/or other information. The Company retains all discretion on whether or not it will be necessary to request additional authorization. If the Company has reason to think that an order was placed fraudulently, they reserve the right to either cancel the order, delay it, refuse to deliver it, or recall it from the carrier.
During the process of placing an order, the Company logs some information, such as the time, date, and IP address, in addition to other information that can be used to locate and identify persons who are committing fraud. In the event that any of the firm’s orders is suspected of being fraudulent, all records will be turned over, with or without a subpoena, to all law enforcement agencies as well as the firm that issued the credit, debit, or cash card for the purpose of conducting a fraud investigation. The Company will work with the appropriate authorities to ensure that violators are held accountable to the fullest extent of the law.
ORDER ACCEPTANCE POLICY
The User is hereby informed by the Company that the receipt of an electronic or other form of order confirmation does not imply the Company’s acceptance of the User’s order, nor does it constitute confirmation of the Company’s offer to sell. This information is communicated to the User in order to comply with applicable laws and regulations. The Company is not obligated to fulfil an order placed by a User for any reason and maintains the right to accept or reject that order at any time after receiving it. The Company further retains the right to supply less than the quantity that the User ordered of any item at any time after receipt of the User’s order. This may occur at any time after receipt of the User’s order and without prior notice to the User. The order placed by the User will be considered accepted by the Company once the Company has either shipped the Products or performed the services that the User has purchased, as shown by the servers belonging to the Company. Upon transfer of the Products to the common carrier, ownership of the Products as well as all risk of loss passes to the User. Before agreeing to fulfil any customer’s order, the company may first request further confirmations or information.
NO REFUND POLICY
If the User decides to cancel their registration after it has already been completed, they will not receive a reimbursement unless the Products are not of a quality that would allow them to be sold commercially and/or have certain manufacturing faults. In addition, the aforesaid condition will vary depending on the Product, and it must be in conformity with any guarantees or disclosures that are stated on the Product. The consideration that a User pays for the Products is non-refundable and non-transferable, with the exception of the circumstances described in this document.
DISCLAIMER
The User acknowledges that the Company has no control over and no duty to take any action regarding which the User gains access to the Website and/or its content and/or the Products ; what effect the Website and/or its content and/or the Products may have on the User and/or any third party; how the User may interpret or use the Website and/or its content and/or the Products ; what actions the User may take as a result of having been exposed to the Website and/or its content and/or the Products . The User releases the Company from all liability for the User has accessed the Website and/or its content and/or the Products.
The Company provides access to the Website on an ‘as is’ and ‘as available’ basis. Neither does the Company nor do third parties related to the Company, provide any warranty or guarantee, express or implied, as to the accuracy, fitness, merchantability, availability, quality, performance, completeness or suitability of the Website and/or its content and/or the Products, for any specific purpose. The User acknowledges that the Website and/or its content and/or Products may contain inaccuracies or errors and the Company expressly excludes liability for any such inaccuracies or errors to the fullest extent permitted by law.
Although the Company has taken adequate safeguards, the Company makes no guarantee of confidentiality and/or privacy of any User communication or information transmitted on the Website and/or for the Products and/or on any website linked to the Website. The Users uses this Website and/or the Products and/or on any website linked to the Website at his/her/its own risk in accordance with our Privacy Policy.
The Website and/or its content and/or the Products may contain views, opinions, and recommendations of Users of the Website and/or the Products, advertisers, third party information providers and organizations. The Website does not warrant, represent and/or endorse the correctness, authenticity, accuracy, completeness, reliability or validity of any such information displayed, uploaded, distributed, posted, emailed, transmitted or otherwise contributed through the Website by anybody other than the Company. The Company assumes no responsibility to keep the content current, complete, up-to-date, valid, or accurate. The Company shall not be responsible in any manner whatsoever for any errors and omissions in the materials and/or content even if such errors or omissions are due to negligence. The User acknowledges that any reliance upon any such view, opinion, advice, recommendation or information shall be at the User’s sole risk.
The Company does not warrant the accuracy, reliability, credibility or completeness of the Website and/or its content and/or its Products.
The Company makes no warranty that its Website and/or its content are appropriate or available for use in other locations. Those who access the Website and/or its content from territories other than USA shall do so at their own risk and hereby unconditionally represent and undertake that they are responsible for full compliance with their local laws and the applicable US laws.
The Company shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect the User’s device, programs, data or other proprietary material due to use of the Website.
The User shall be solely responsible to maintain the confidentiality and security of his/her account, User Id, Password, login credentials and the Company shall not be responsible for any losses arising out of the unauthorized use of the User’s account as a result of the User not following the terms and conditions stated herein.
The Company shall be under no liability whatsoever in respect of any loss, damage, claim or fraud suffered directly or indirectly by the User as a result of the User viewing, accessing, visiting and/ or otherwise using the Website.
The User expressly understands and agrees that the Company, its shareholders, associate companies, directors, employees, representatives, agents and partners, shall not be liable to the User for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from: (a) the User’s use or inability to use the Website; (b) any changes made to the Website; (c) temporary or permanent cessation of the Website, the Products , the Company’s business or any part thereof; (d) any unauthorized access to or alteration of the User transmissions or data, if any; (e) statements or conduct of any third party on the Website; (f) any fraud, security breach, misconduct or negligence by any third parties.
The Company does not warrant that access and use of its Website and/or its content and/or the Products will be uninterrupted, timely, secure and error-free since the same could be affected by overload/breakdown of receiving network, servers or applications; system failures; and frauds out of the Company’s control.
The User expressly agrees and understands that the Services, materials, consultations, content and information offered on the Website is not a substitute for professional advice and the Company disclaims all liability for any claims arising thereto.
The Company is not responsible for the availability or content of any third party material you access through the Website. The Company does not endorse and is not responsible or liable for any content, advertising, Products or information of or relating to a third party (including payment for and delivery of such Products. The Company shall not be responsible for any damage, loss or offence caused by or, in connection with, any content, material, advertising, Products, services or information of any third party that may be available on the Website. Any terms, conditions, warranties or representations associated with such dealings, are solely between the User and the relevant provider of the product or service and the User agrees to indemnify the Company for any claims arising thereto.
The Company does not endorse in anyway any advertisers/contents of advertisers on its Website. The User shall verify the veracity of all information on his/her own before undertaking reliance and acting thereupon. The Company shall not be responsible and/or liable for any claims, actions losses and/or consequential damages arising on account of the User relying on the contents of the advertisement. Advertisement/advice (if any) received via the Website should not be relied upon for personal, legal and/or financial decisions and the User should consult an appropriate professional for specific advice tailored to your situation.
The Company may use a third-party as a payment gateway. By subscribing to the Company’s Services, the User expressly authorizes a third-party payment gateway to charge the User’s credit card/debit card. The Company disclaims any and all liability accruing to the User as a result of any fraud, misuse and/or duplicate transactions arising thereto.
The Company neither warrants nor represents that use of the Products and/or services by the User will not infringe the rights of third parties not owned by or affiliated with the Company.
There may be delay in provision of Products and/or services due to factors beyond the reasonable control of the Company and therefore the Company shall not be held responsible and liable for any delay and/or failure in performance of Services by the Company due to such factors. The Website may be subject to changes and/or improvements periodically. During the process of up-gradation, repair, maintenance and/or improvements, contents/systems/programs/software may be suspended for any use. The Company shall not be liable for any inconvenience, loss, damage, cost, expenses which may be incurred by the User due to unavailability of the Website for any use. The Company does not warrant that the software will work on all networks and/or will be available in all geographical areas.
