Terms Of Service
This Agreement governs your use of this website https://www.bombaydiva.com/ (hereinafter referred to as the ‘Website’), Bombay Divac’s offer of Products for purchase on this Website, or your purchase of Products available on this Website. This Agreement includes and incorporates by this reference, the policies and guidelines referred below. Bombay Diva reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. Bombay Diva will/will not alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. Bombay Diva encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Bombay Diva for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
Responsible Use And Conduct In order to access our Resources/Products , you may be required to provide certain information about yourself (such as identification, email, phone number, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources/Products . Accordingly, you are responsible for all activities that occur under your accounts. Accessing (or attempting to access) any of our Resources/Products by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources/Products through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Resources/Products , including the servers and/or networks to which our Resources /Products are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources /Products is strictly prohibited. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
Customer Solicitation: Unless you notify our third party call center representatives or direct Bombay Diva sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Bombay Diva and its designated in house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations - You may use the opt out link found in any email solicitation that you may receive. You may also choose to opt out, via sending your email address to: [opt-out email]. You may send a written remove request to Bombay Diva sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from Bombay Diva & ADDRESS A,36,B, Pravasi Industrial Estate, ,Off Aarey Road, Goregaon East,Mumbai,Maharashtra,400063.
Proprietary Rights: Bombay Diva has proprietary rights and trade secrets in the Products . You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Bombay Diva. Bombay Diva also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information. Taxes: If you purchase any Products , you will be responsible for paying the applicable taxes. (GST)
Content, Intellectual Property, Third Party Links: In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to thirdparty websites, about (kind of information). Bombay Diva does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that Bombay Diva does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, non-commercial use. Any links to third-party websites are provided solely as a convenience to you. Bombay Diva does not endorse the contents on any such third-party websites. Bombay Diva is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website: Bombay Diva is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will - abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), not interfere with or disrupt the use and enjoyment of the Website by other users, not resell material on the Website, not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and not defame, harass, abuse, or disrupt other users of the Website.
Posting: By posting, storing, or transmitting any content on the Website, you hereby grant Bombay Diva a perpetual, worldwide, nonexclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. Bombay Diva does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. Bombay Diva is not liable for any damage or harm resulting from any posts by or interactions between users. Bombay Diva reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Bombay Diva deems objectionable, in Bombay Diva's sole discretion.
Disclaimer of Warranties: Your use of this website and/or Products are at your sole risk. The website and Products are offered on an "as is" and "as available" basis. Bombay Diva expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the Products or website content, or any reliance upon or use of the website content or Products ("Products " include trial Products .) Without limiting the generality of the foregoing, Bombay Diva makes no warranty: that the information provided on this website is accurate, reliable, complete, or timely. that the links to third-party websites are to information that is accurate, reliable, complete, or timely. no advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein as to the results that may be obtained from the use of the products or that defects in products will be corrected. regarding any Products purchased or obtained through the website. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. Limitation Of Liability Bombay Diva’s entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content /Products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling charges, for Products purchased via this website. Bombay Diva will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement &/or Products in any manner, including liabilities resulting from: the use or the inability to use the website content /Products ; the cost of procuring substitute content /Products ; any information obtained /Products purchased or transactions entered into through the website; or any lost profits you allege. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.
When Bombay Diva is threatened with suit or sued by a third party, Bombay Diva may seek written assurances from you concerning your promise to indemnify Bombay Diva; your failure to provide such assurances may be considered by Bombay Diva to be a material breach of this Agreement. Bombay Diva will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content /Products , with the counsel of Bombay Diva’s choice at its expense. Bombay Diva will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Bombay Diva against any claim, but you must receive Bombay Diva’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website /Products .
Copyrights / Trademarks All content and materials available on https://www.bombaydiva.com/, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Bombay Diva and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Bombay Diva. Agreement To Be Bound BY USING THIS WEBSITE OR ORDERING Products , YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT AND ALL TERMS AND CONDITIONS ON THIS WEBSITE.
Governing Law: This website is controlled by Bombay Diva from our offices located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India, by accessing our website, you agree that the statutes and laws of Maharashtra, India, without regard to its conflict of law principles to the contrary and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any Products through this site. Effect of Waiver: The failure of Bombay Diva to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
Governing Law/Jurisdiction: This Website originates from the Mumbai, Maharashtra, India. This Agreement will be governed by the laws of the State of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India without regard to its conflict of law principles to the contrary. Neither you nor Bombay Diva will commenceMaharashtra), India. This Agreement will be governed by the laws of the State of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India without regard to its conflict of law principles to the contrary. Neither you nor or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India. By using this Website or ordering Products , you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. This website is controlled by Bombay Diva from our offices located in the state of Maharashtra, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Maharashtra, India, by accessing our website, you agree that the statutes and laws of Maharashtra, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any Products through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the courts having jurisdiction over such issue, located in Maharashtra, India. You hereby agree to judgement passed by such courts and waive any right to jurisdictional, venue, or inconvenient forum objections to such courts. Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose else be forever barred. Waiver of Class Action Rights: BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIM WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination: Bombay Diva reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and Bombay Diva may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products . If your access to the Website is terminated, Bombay Diva reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until Bombay Diva chooses, in its sole discretion and without advance notice to you, to terminate it. Domestic Use: Bombay Diva makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Bombay Diva may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. BY USING THIS WEBSITE OR ORDERING Products FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. Contact Information: If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: Bombay Diva A,36,B, Pravasi Industrial Estate, ,Off Aarey Road, Goregaon East,Mumbai,Maharashtra,400063 firstname.lastname@example.org