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DISCLAIMER & TERMS AND CONDITIONS OF USE
These terms and conditions of use shall govern your use of the site
www.ashvita.com, and all other URLs forming part thereof (hereinafter
referred to as "the Sites"). The Site is owned and managed by Ashvita
Art Objects & Artifacts, 11, Second Street, Dr. Radhakrishnan Salai,
Mylapore, Chennai 600004 (hereinafter referred to as "us or we" in the
first person and "Ashvita" wherever the context requires). These terms
and conditions of use form the entirety of any express or implied
contract that may or may be deemed to exist between us and you, the
users of the Site.
MODIFICATION OF TERMS AND CONDITIONS
Ashvita reserves the right to change the terms, conditions, and notices
under which the Sites are offered, including but not limited to the
charges, if any, associated with the use of the Sites. You are
responsible for regularly reviewing these terms and conditions.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
You shall use the Sites in good faith and for the essential purposes for
which the Sites are intended. Unless otherwise specified, the Sites are
for your personal and non-commercial use. You may not modify, copy,
distribute, transmit, display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell any information,
software, products or services obtained from the Sites.
LINKS TO THIRD PARTY SITES
The Sites may contain links to other Web Sites ("Linked Sites"). The
Linked Sites are not under the control of Ashvita and Ashvita is not
responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. Ashvita is not responsible for web casting or
any other form of transmission received from any Linked Site. Ashvita is
providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Ashvita of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, you warrant to Ashvita that you
will not use the Sites for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Sites in any
manner which could damage, disable, overburden, or impair the Sites or
interfere with any other party's use and enjoyment of the Sites. You may
not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the
Sites.
MATERIALS PROVIDED TO ASHVITA OR POSTED ON THE SITES
Ashvita does not claim ownership of the materials you provide to Ashvita
(including registration data, feedback and suggestions) or post, upload,
input or submit to any of the Sites or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Ashvita
permission to use your Submission in connection with the operation of
their businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name
in connection with your Submission.
Ashvita agrees that it shall not use or sell user identifiable data
contained in the Submissions. However, Ashvita has the sole and
exclusive right to use, transfer or otherwise deal with compiled user
aggregated data in any manner that Ashvita deems fit.
SOFTWARE AVAILABLE ON THE SITES
Software (if any) that is made available to download from the Sites,
excluding software that may be made available by end-users through a
Communication Service, ("Software") is the copyrighted work of Ashvita
and/or its suppliers. Ashvita hereby grants to you, the user, a
personal, non-transferable license to use the Software for viewing and
otherwise using the particular Site in accordance with these Terms of
Use, and for no other purpose. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR
FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
ASHVITA AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE SITES AT ANY TIME. ADVICE RECEIVED VIA THE SITES SHOULD
NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS
AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
ASHVITA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. ASHVITA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL ASHVITA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SITES, WITH THE DELAY OR INABILITY TO USE THE
SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF
THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE, EVEN IF ASHVITA OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES.
TERMINATION/ACCESS RESTRICTION
Ashvita reserves the right, in its sole discretion, to terminate your
access to any or all Sites and the related services or any portion
thereof at any time, without notice.
GENERAL
These Terms and Conditions of Use are governed by the laws of India. You
hereby consent to the exclusive jurisdiction and venue of courts in
Chennai, India in all disputes arising out of or relating to the use of
the Sites. Use of the Sites is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between
you and Ashvita as a result of this agreement or use of the Sites. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in
effect. Unless otherwise specified herein, this agreement constitutes
the entire agreement between the user and Ashvita with respect to the
Sites and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user and
Ashvita with respect to the Sites. A printed version of this agreement
and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained in
printed form.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Sites are copyright protected in favour of Ashvita
and/or its suppliers. All trademarks, names, brand names, etc. used on
the Sites are either trademarks or registered trademarks of Ashvita or
its associated companies. Any rights not expressly granted herein are
reserved.
PAYMENTS
You agree to abide by all provisions prescribed in the order forms
submitted by you for the purchase of any artworks from the Sites. In
particular, you warrant that all information that you submit will be
true and accurate (including without limitation your credit card number
and expiration date), and you agree to pay all charges plus all
applicable taxes for the purchases made by you. |
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