E. Any malpractice used to place the order6.16 There may be certain orders that daphne stores is unable to process or pass on buyer’s order to the seller and must cancel. Some situations that may result in daphne stores’s inability to process or pass on buyer’s order to the seller include, without limitation, non- availability of the website service, force majeure, credit limitations or suspected fraud.6.17 In case buyer purchases multiple products in one transaction, the seller(s) may deliver all such products together. However, this may not always be possible. If buyer purchases multiple products in a single transaction, then all the products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the products to different addresses, then buyer should purchase the products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the products can be made to the person who is present at the shipping address provided by you.6.18 In certain cases, where buyer requires certain services in relation to a product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts daphne stores for the same, daphne stores may inform the seller to provide or facilitate the provision of such services to the buyer. Daphne stores is not and shall not be obliged to provide any such additional services. Daphne stores’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.6.19 You represent and warrant that (i) you are not located in a country that is subject to a India government embargo, or that has been designated by the Indian government as a “terrorist supporting” country; and (ii) you are not listed on any Indian government list of prohibited or restricted parties.
7) Use of Content
7.1 Except as expressly indicated to the contrary in any applicable additional service terms, daphne stores hereby grants you a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the website, subject to the following conditions: you may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these terms of use; you may not modify or alter product catalogues available on the website; you may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the website available to others; and you may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the website.7.2 The rights granted to you in the product catalogues, or any other materials as specified above are not applicable to the design, layout or look and feel of the website. Such elements of the website are protected by intellectual property rights and may not be copied or imitated in whole or in part.7.3 Any software that is available on the website is the property of daphne stores or its vendors. You may not use, download or install any software available at the website, unless otherwise expressly permitted by the agreement or by the express written permission of daphne stores.
8) Intellectual Property Rights
8.1 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 daphne stores or its licensors 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. Through your use of the website, by no means are any rights impliedly or expressly granted to you in respect of such content. Daphne stores reserves the right to change or modify the content from time to time at its sole discretion.8.2 The trademarks, logos and service marks displayed on the website (“marks”) are the property of daphne stores or their vendors/seller or respective third parties. You are not permitted to use the marks without the prior consent of daphne stores, the vendor/seller or the third party that may own the marks.8.3 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, daphne stores owns all intellectual property rights to and into the trademark “daphne stores”, and the website, including, without limitation, all 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.8.4 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 daphne stores or thirty party owners of such content.
9) Third Party Content
9.1 General third-party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the website (“third party content”). 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 or provided by the sellers in the process of advertising, exhibiting and offering to sell the products on the website. All third-party content is provided on an ‘as is’ basis. Daphne stores may not own / have the rights and title to any such third-party content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any third-party content. Daphne stores shall not be held liable for any loss suffered by you based on your reliance on or use of such third-party content.9.2 In the event any third-party content contains links to third party websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. Daphne stores makes no warranty or representation regarding, and does not endorse, any website linked to the website / services or the information appearing thereon or any of the products or services described thereon.
10) Disclaimer of Warranties & Liability
10.1 The website, services, content, user content and any third-party content are provided by daphne stores on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, daphne stores makes no warranty that (i) the website or the services will meet your requirements or your use of the website or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of the website or services will be effective, accurate or reliable; (iii) the quality of the website or services will meet your expectations; or that (iv) any errors or defects in the website or services will be corrected. No advice or information, whether oral or written, obtained by you from daphne stores or through the website / contentor from use of the services shall create any warranty not expressly stated in these terms of use.10.2 To the maximum extent permitted by applicable law, daphne stores will have no liability related to user contentand / or third party contentarising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Daphne stores also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third-party content.10.3 You expressly understand and agree that, to the maximum extent permitted by applicable law daphne stores will not be liable for any loss that you may incur because of unauthorized use of your account or account information in connection with the website or any services, either with or without your knowledge. Daphne stores has endeavored to ensure that all the information on the website is correct, but daphne stores neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. Daphne stores shall not be responsible for the delay or inability to use the website or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, daphne stores shall not be held 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 beyond daphne stores ‘s control. The user understands and agrees that any material or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and 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. Daphne stores is not responsible for any typographical error leading to an invalid coupon. Daphne stores accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.10.4 In the event you have purchased / downloaded the website from any online application stores, whether provided by apple, inc., google, inc. Or blackberry limited (or their respective affiliates) (collectively referred to as “store providers”), and there occurs any failure of the website and / or services, you may follow the process recommended by the store provider under the terms of the contract applicable between you and such store provider. The store providers shall not be liable for any (i) warranty obligations of daphne stores and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the website’s non-conformity with any applicable laws; and (iii) any third-party claims of infringement of intellectual property rights by the website / daphne stores.
11) Indemnification and Limitation of Liability
11.1 You agree to indemnify, defend and hold harmless daphne stores, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) your breach of the agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the website; or (iii) any claim that any third party content / content, information or materials provided by you caused damage to a third party; or (iv) your violation of any rights of another, including any intellectual property rights.11.2 Daphne stores may notify you of any claims which you shall be liable to indemnify daphne stores against. You will then be required to consult with daphne stores regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of daphne stores without the express prior written consent of daphne stores which can be withheld or denied or conditioned by daphne stores in its sole discretion.11.3 Notwithstanding anything to contrary in the agreement(s), daphne stores’s entire and aggregate liability to you under and in relation to these terms of use or otherwise shall not exceed the greater of Indian rupees one hundred (INR 100) or the amount of fees, if any, paid by you to daphne stores under the relevant order to which the cause of action for the liability relates.11.4 Notwithstanding anything to contrary in the agreement(s), in no event shall daphne stores, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to you for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not daphne stores 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 use of or access to the website, services or content.
12) Terms
12.1 The agreement will continue to apply until terminated by either you or daphne stores as set forth below. If you want to terminate your agreement with daphne stores, you may do so by (i) not accessing the website; or (ii) closing your account for all of the services that you use, where daphne stores has made this option available to you.12.2 You agree that daphne stores may, in its sole discretion and without prior notice, terminate your access to the website and block your future access to the website if daphne stores determines that you have violated the terms of these terms of use or any other agreement(s). You also agree that any violation by you of the agreement(s) will cause irreparable harm to daphne stores, for which monetary damages may be inadequate, and you consent to daphne stores obtaining any injunctive or equitable relief that daphne stores deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies daphne stores may have at law or in equity.12.3 In addition to clause 12.2 above, daphne stores may, at any time, with or without notice, terminate these terms of use (or portion thereof, such as any individual additional terms) with you if:Daphne stores is required to do so by law (for example, where the provision of the services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies.The provision of the services to you by daphne stores is, in daphne stores’s opinion, no longer commercially viable; daphne stores has elected to discontinue, with or without reason, access to the website, the services (or any part thereof); or in the event daphne stores faces any unexpected technical issues or problems that prevent the website and / or services from working.12.4 Daphne stores may also terminate or suspend all or a portion of your account or access to the services with or without reason. Except as may be set forth in any additional terms applicable to a particular service, termination of your account may include: (i) removal of access to all offerings within the website or with respect to the services; (ii) disabling access to the account information, including your personal information, log-in id and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any user content uploaded by you; and (iii) prohibiting further use of the services.12.5 You agree that all terminations shall be made in daphne stores’s sole discretion and that daphne stores shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the website and services.12.6 Notwithstanding the foregoing, these such terms of this agreement as are meant to survive termination / expiry of this agreement, will survive indefinitely unless and until daphne stores chooses to terminate them. Daphne stores may inform the sellers who have accepted your purchase orders on the website, that this agreement is terminated, and upon such information sellers may cancel the purchase order. Daphne stores may also cancel all your non-fulfilled orders on the website without any obligation or liability towards you.
13) Governing Law and Jurisdiction
13.1 These terms of use and all transactions entered on or through the website and the relationship between you and daphne stores shall be governed in accordance with the laws of India without reference to conflict of laws principles.13.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the website, these terms of use, the agreement(s) or any transactions entered on or through the website or the relationship between you and daphne stores shall be subject to the exclusive jurisdiction of the courts at new Delhi, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. All service of process and any other notice in any such suit, action or proceeding with respect to this agreement shall be effective against a party if given as provided herein.
14) Report Abuse and Take Down Policy
14.1 In the event you come across any abuse or violation of these terms of use or if you become aware of any objectionable content on the website, or if you believe your intellectual property rights have been violated in any manner through the website, please refer to the daphne stores report and take down policy available at https://www.daphnestores.com/page/abusepolicy or under “policy info” section.
15) Communications
15.1 When you use the website or send emails or other data, information or communication to daphne stores, you agree and understand that you are communicating with daphne stores through electronic records, and you consent to receive communications via electronic records from daphne stores periodically and as and when required. Daphne stores will communicate with you by email or by notices on website or electronic records on the website or on your mobile number which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.
16) General Provisions
16.1 Notice: all notices with respect to these terms of use from daphne stores will be served to you by email or by general notification on the website. Any notice provided to daphne stores pursuant to these terms of use should be sent to grievance officer at grievanceofficer@daphnestores.com.16.2 Assignment: you cannot assign or otherwise transfer the agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Daphne stores’s rights and/or obligations under the agreement are freely assignable or otherwise transferable by daphne stores to any third parties without the requirement of seeking your prior consent. Daphne stores may inform you of such assignment or transfer in accordance with the notice requirements under the agreement. Daphne stores shall have right to transfer your account and account information to a third party who purchases daphne stores’s business as conducted under the website.16.3 Severability: if, for any reason, a court of competent jurisdiction finds any provision of the agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the agreement shall continue in full force and effect. Daphne stores may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these terms of use.16.4 Waiver: any failure or delay by a party to enforce or exercise any provision of the agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these terms of use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.16.5 Principal to principal relationship: you and daphne stores are independent contractors, and nothing in these terms of use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and daphne stores. As an abundant caution, it is clarified that daphne stores shall not have any right to conclude any contract for sale or purchase of products for and / or on your behalf and both you and daphne stores have entered this agreement on principal-to-principal basis.16.6 Force majeure: if performance of any service or obligation under these terms of use or other agreement by daphne stores is, or other third parties in fulfillment of any purchase or sale transaction (for e.g.: logistics service provider, fulfillment center, payment gateways etc.) Are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of god, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of daphne stores or its third parties performing such services as sub-contractor to daphne stores and could not have been prevented by reasonable precautions (each, a “force majeure event”), then daphne stores shall be excused from such performance to the extent of and during the period of such force majeure event. Daphne stores shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.16.7 Grievance officer: in compliance with information technology act, 2000 and the rules made there under, the grievance officer of daphne stores for the purpose of this agreement shall be Mr. Ajay Sharma with email address: grievanceofficer@daphnestores.com. Daphne stores may change the aforesaid details from time to time under intimation to you.
17) Feedback and Information
17.1 Any feedback you provide to this website shall be deemed to be non-confidential. Daphne stores shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information of you or of third parties; (ii) daphne stores is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) daphne stores may have something similar to the feedback already under consideration or in development; and (iv) you are not entitled to any compensation or reimbursement of any kind from daphne stores for the feedback under any circumstances.17.2 To clarify, daphne stores may at its discretion, make any modifications or changes to the website, content and / or services based on such feedback, however daphne stores shall not be obliged to do so. Further, if daphne stores makes any changes or modifications to the website, content and / or services based on any such feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the website, content and / or services. You expressly waive all rights in such changes or modifications to the website, content and / or services, and assign to daphne stores, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the website, content and / or services, in perpetuity. You hereby waive all rights under section 19(4) of the Indian copyright act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the website, content and / or services.
