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These Terms of Use (“Terms”) govern the access or use by You, of the applications, websites, contents, products, and services (“the Services”), being made available by Shades of Linen. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE OR SERVICES. Your access or use of Shades Of Linen’s products, services, and website located at URL: https://shadesoflinen.com (“Site”), mobile site, mobile application (collectively called “Platform”), is conditioned on your acceptance, without modification, of these Terms. If you do not agree to these Terms, you should not use the Services. You accept the Terms by using the Shades Of Linen Services in any way. In this case, you understand and agree that Shades Of Linen will consider your use of the Services as an agreement to the Terms. The Terms include the provisions in this document, as well as those in the Privacy Policy and any additional terms that you agree to.
This platform is owned by Shades Of Linen, a company incorporated under the Companies Act, 2013 having its registered office at 19 Nafees Road Jamia Nagar Okhla, 110025 New Delhi Delhi, India.
BY USING THIS SITE, YOU ACKNOWLEDGE AND CONFIRM THAT:
These Terms are published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 under the Information Technology Act, 2000 which requires publishing the rules and regulations, privacy policy and user agreement for access or usage of Shades Of Linen Platform.
These Terms are an electronic record in terms of the Information Technology Act, 2000, and Rules thereunder as applicable and amended provisions pertaining to electronic records in various statutes under relevant Indian Laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
All references to "You" or "User", as applicable, shall mean any natural or legal person that accesses, uses, or agrees to become a buyer by registering on the Platform as a Registered User in order to avail of the Services. The User can access the Site or the Platform in accordance with the terms and conditions as set out below. This Agreement/ Terms of Use are for an indefinite period. Shades Of Linen(“Company”/ “We”/ "Us"/ "Our"), at its sole discretion, modify these Terms at any time, without any prior written notice to you. You shall ensure a periodical review of these Terms for updates or changes. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes and will be bound by them as is.
You represent, acknowledge, and warrant that you are an individual of legal age, of at least 18 years, to form a binding contract. If you are under the age of 18 (Eighteen) years you have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Services. We reserve the right to indefinitely refuse, suspend, terminate, or block your access and use of our Services on our Platform through your registered account if it is brought to our notice or if it is discovered that you are under the age of 18 years and using our Platform without requisite permissions.
You represent, acknowledge, and warrant that you are an individual of legal age to form a binding contract. If not, you have received your parent’s or guardian’s consent to these Terms on your behalf, to use the Services. If your use of the Services is prohibited by applicable laws, then you are not authorised to use the Services. We reserve the right to indefinitely refuse, suspend, terminate, or block your access and use of our Services on our Platform through your registered account if it is brought to our notice or if it is discovered that your use or access of our Services or Platform is, in any manner, in contravention of applicable laws.
Unless otherwise stated, all material(s) including but not limited to texts, audio, videos or graphical images, software, trademarks, logos, service marks, domain names, and other intellectual property rights (“IPR”), as reflected/ affixed/ or contained within the Services, are the sole and exclusive property of Shades Of Linen. and as such protected under copyright laws, trademark laws, and other applicable laws. Any use by the User of IPR, without our permission, shall constitute an infringement of our proprietary rights, which shall be vigorously prosecuted and pursued to the fullest extent permitted by law. Nothing contained in these Terms of Use, constitutes any permission/transfer/ license for our IPR or any part thereof, in the name of the User. Nothing under these Terms of Use gives you any rights, title, claim, interest, or privilege on our intellectual property in your favour.
Subject to the compliance with the Terms herein, Shades Of Linen hereby grants you a personal, limited, non-exclusive, non-transferable, freely revocable license to use Shades Of Linen Services for the personal and non-commercial viewing and downloading the extracts of this Site only. Except for the foregoing limited license, no right, title, or interest shall be transferred to you. You should not (whether directly or using any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from the Platform. Content on the Site or the Platform and/or Shades Of Linen Services and/or products are being provided to you AS IS for your personal and non-commercial use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed or rented or otherwise exploited for any other purpose, without our prior consent.
Products: Shades Of Linen enables the sale of a variety of products on its Platform including the products of Shades Of Linen with requisite permission(s) and authorization(s). Each product on the Platform is sold subject to its product description. While Shades Of Linen strives to provide accurate descriptions, pricing details, and other information about the products appearing on the Platform, it is likely that certain typographical or other errors may appear on the Platform which may not always reflect the inaccurate position while you are placing the order. In such an event, Shades Of Linen may, at its discretion, contact you for instructions or cancel your order and notify you of such cancellations.
INDIVIDUAL REGISTRATION, ACCESS, USE OF SERVICE, AND EXCHANGE OF INFORMATION
To access the Services of purchasing products from this Site, you are required to open an Account by completing the registration process (which means providing us with correct, complete, and accurate details as prompted in the registration form). You agree that each registration to access or use our Services on the Platform is for a single individual user only. To access the service, you will be asked to enter your individual Username and Password. Therefore, we do not permit any of the following: -
- Any other person sharing your Username and Password.
- Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with the Site as users.
- Access through a single Username and Password being made available to multiple users on a network.
Upon registration, you shall be responsible for maintaining the confidentiality of the password and the account including your personal details. You shall be responsible for ensuring that all such information/ details are always up to date on the Platform. You agree that if you provide any information that is untrue, inaccurate, not updated, or incomplete or in case we have reasonable grounds to suspect that such information is untrue, inaccurate, not updated, incomplete, or not in accordance with these Terms of Use or the account has been misused, we shall have the right to indefinitely suspend or terminate or block your access rights immediately without notice and block user access from that IP address.
You shall be entirely responsible for all activities that occur under/ through your account. By registering, you agree to these Terms of Use in addition to any other specific terms which shall be posted at an appropriate location of the platform.
Therefore, in all such events where you allow others to have access to your account on the Platform for availing services or otherwise, you agree that they will be able to view and access your account information and you shall be solely liable and responsible for all the activities undertaken under your account and any consequences therefrom, which may occur as a result of another party using your account. You also agree to immediately notify us of any unauthorized use of your account or any other breach of security and ensure that you exit from your account at the end of each session by signing off. The Company shall not be responsible for any unauthorized access or alteration of your account, transmissions of data, or any material or data sent or received or not sent or not received through the Site. You further agree that we shall not be liable for any loss or damage arising from your failure to comply with this Cause. You may be held liable for losses incurred by the Company or any other user of or visitor to the Website due to the authorized or unauthorized use of your account. Your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. However, we will not be liable, if, for any reason, the Site is unavailable at any time or for any period.
You acknowledge that we are taking all reasonable precautions to ensure that all your personal information/ data stored on our platform is secure. However, you agree and accept that in case, in spite of all these precautions on our part, there is any attack in the form of hacking, distribution denial of service attack (DDOS), etc., which results in your personal data on our platform being compromised, we shall not be liable to you for any such loss or damage caused by any technologically harmful material such as viruses or a DDOS or otherwise. In all such cases, you agree to indemnify us from all losses or damage caused to you resulting from such attacks.
We shall not be held liable for any loss or damage that may affect your computer, computer equipment, programmes, or any other material as a result of downloading material from our website or our platform, or any of the sites we link to or link to us.
All the contents of the Site are only for general information or use. You understand and agree that your use of the Services is at your sole risk and that the services are provided "as is" and "as available". In particular, Shades of Linen, its subsidiaries and affiliates, and its licensors or suppliers do not make any representations or warranties of any kind, express or implied, including without limitation that your use of the Services will meet your requirements; or will be uninterrupted, secure, timely or free from error; or any information obtained by you will be complete, reliable, legal or accurate.
We reserve the right to disclosure of any personal information about you and your use of the Site including its contents, without your prior permission if we have a good faith belief that such action is necessary to:
Our performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of our rights to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or services or information provided to or gathered by us with respect to such use
Certain links on the Site, including our other online platforms, lead to resources located on servers maintained by third parties over whom we have no control or connection with business or otherwise. You agree and understand that by visiting such external websites you are out of the Site and are no longer using the Services. We have not reviewed these external websites and are not responsible for their content or availability. You acknowledge that we are providing these links only as a matter of convenience. If You decide to access any of the third-party websites linked to the Services, you do so entirely at Your own risk. Please therefore verify the veracity of all information on your own before undertaking reliance and acting thereupon. We, therefore, neither endorse nor offer any judgment or warranty nor accept any responsibility or liability for any damage, loss, or harm (direct or consequential) or any violation of local or international laws that may be incurred by your visit and/or transaction(s) on these websites. Any such loss or damage caused to you by accessing these linked external websites shall be entirely your own responsibility.
When You use the Services or send emails or other data, information, or communication to Us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from us. We may send information and offers of products and services to you periodically and as and when required. We may communicate with You by email or by other modes of communication, electronic or otherwise.
You shall not assign or transfer or purport to assign or transfer, either temporarily or permanently, your account details or this contract between you and us to any other person. You agree to accept that your account on the platform is non-transferable.
To the fullest extent allowed by the law, you agree to defend, indemnify and hold Shades Of Linen and our affiliates harmless from and against any or all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees), arising from or related to (i) hacking, any third party claims or your access to or use of the Services or the Platform (including third party use from your account ); (ii) violation of these Terms, privacy policy and other terms and conditions; and (iii) violation of any law, rules and regulations or rights (including infringement of intellectual property rights) of a third party.
You acknowledge that our failure to exercise or enforce any right or provision of the terms of use or our failure to demand resolutions to which we are entitled shall not constitute a waiver of such right or provision or omission of your responsibility to comply with your obligations outlined under these Terms including the documents referred therein. No waiver by us, of any of these Terms, would take effect unless expressly stated in writing to you. If any provision of these Terms is found, by a court of competent jurisdiction, to be invalid, then that provision will be removed to the minimum extent necessary, from the Terms. The remaining Terms will continue to be in full force and effect and enforceable.
You acknowledge and accept that the Terms of Use shall continue to apply unless terminated by us. We may, at our discretion, suspend or terminate your use of the platform or any service if we have reasonable grounds to suspect or believe that you have breached, violated, abused, or unethically manipulated or exploited any Terms hereunder (including the documents referred to in there) or have otherwise acted unethically
The Terms of Use by ways of this Agreement and performance hereunder shall be governed by and will be construed in all respects in accordance with the Laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to these Services, shall be subject to the exclusive jurisdiction of the courts in New Delhi, India. The use of this Site, Platform, or Services thereon is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions including, without limitation, this Clause
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
