1. THE TERMS
PLEASE READ THE TERMS CAREFULLY BEFORE USING, VIEWING, ACCESSING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
3.1. Please refer to Terms of Offer For Sale (“Terms of Offer For Sale”), which are also available on the Website.
4. ELIGIBILITY TO USE
4.1. In India, persons under 18 years of age are minors. You should be atleast 18 (eighteen) years of age to use the Website and purchase any Products or avail any Services through the Website. If You do not conform to the above qualification, You are not permitted to purchase any Products or avail of the Services. You represent that You are of legal age to form a binding contract and are not a person barred from purchasing Products or receiving Services under the applicable laws.
4.2. The Company reserves the right to refuse access to the Website, and/or purchase of any the Products and/or use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
5. USER ACCOUNT, PASSWORD, AND SECURITY
5.2. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify adimaa.in of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. In the absence of such notification from You, any purchase transaction made on the Website through Your Account and/or in Your name shall be binding on You. adimaa.in cannot and will not be liable for any loss or damage arising from Your failure to comply with these conditions. You may be held liable for losses incurred by adimaa.in or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
5.3. You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
5.4 If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or adimaa.in has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, adimaa.in has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website (or any portion thereof).
6. PRICING INFORMATION
6.1. adimaa.in strives to make available Products and Services at the best possible prices and terms. Information relating to pricing of products, terms of purchase of Products, and availing any Services, through the Website, are detailed under the Terms of Offer For Sale.
6.2. You agree to provide correct and accurate credit / debit card / net banking/ e-wallet details to the approved payment gateway for purchasing any Products and/or availing Services. You shall not use the credit / debit card which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit / debit card / net banking/ e-wallet. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of Your credit / debit card/ net banking/ e-wallet details. adimaa.in expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card/ net banking/ e-wallet.
7. USER OBLIGATIONS
7.2. You agree to use the Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guide in the relevant jurisdictions.
7.3. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that You will access the Website in accordance with the Terms and particularly Section 8 and 10 below.
7.4. You agree not to access (or attempt to access) the Website and the materials or Services by any means other than through the interface that is provided by adimaa.in . You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
7.5. By accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. adimaa.in disclaims all liabilities arising in relation to such offensive content on the Website. Further, You may report such offensive content in the manner prescribed below
8.USE OF MATERIALS
8.1. Except as expressly indicated to the contrary herein or in any applicable Additional Terms, adimaa.in hereby grants You a non-exclusive, freely revocable (upon notice from adimaa.in ), non-transferable access to view and print catalogues of Products or any other materials available on the Website, subject to the following conditions:
You may access and use the materials solely for personal, informational, and internal purposes, in accordance with the Terms;
You shall not modify or alter catalogues of Products or any other materials available on the Website; and
You may not remove any text, copyright or other proprietary notices contained in the catalogues of Products and Services or any other materials available on the Website.
8.2. The rights granted to You 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 shall not be copied or imitated in whole or in part. The catalogues of Products and Services or any other materials available on the Website may be copied or retransmitted unless expressly prohibited by adimaa.in .
8.3. Any software that is available on the Website is the property of adimaa.in . You shall not use, download or install any software available at the Website, unless otherwise expressly permitted by adimaa.in .
9. INTELLECTUAL PROPERTY RIGHTS
9.1. The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, images, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by adimaa.in 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.
9.2. The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of adimaa.in . You are not permitted to use the Marks without the prior consent of adimaa.in .
9.3. adimaa.in owns all intellectual property rights to the trademark “adimaa.in ” and variants thereof, and the domain name, including, without limitation, any and 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.
9.4. 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 adimaa.in .
10. DISCLAIMER OF WARRANTIES & LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
10.1. You shall indemnify, defend and hold harmless adimaa.in from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by adimaa.in that arise out of, result from, or may be payable by virtue of, any breach of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms or any Additional Terms applicable to purchase of Products and/or Services, or any violation of the Terms and/or Terms of Offer for Sale or other terms and conditions relating to the use of the Website and the purchase of Products.
10.2. In no event shall adimaa.in , its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, whether or not foreseeable or whether or not adimaa.in 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 purchase of the Products and/or availing of any Services herein.
10.3. ADIMAA OR ANY PRODUCTS OR SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. adimaa.in 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, adimaa.in SHALL NOT BE 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. 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. adimaa.in IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND.
10.4. NOT WITH STANDING ANYTHING TO CONTRARY CONTAINED IN THESE TERMS, TERMS OF OFFER FOR SALE OR ELSEWHERE, adimaa.in ENTIRE LIABILITY TO YOU SHALL BE LIMITED TO THE AMOUNT OF THE MONEYS PAID BY YOU FOR OR TOWARDS ANY PRODUCT OR SERVICE, IN CONNECTION WITH WHICH THE CLAIM HAS ARISEN, WHICH AMOUNT SHALL BE REFUNDED YOU, IN CASE THE CLAIM IS PROVEN BY AN ORDER OF THE COURT OR ANY COMPETENT AUTHORITY.
10.5. IN NO EVENT SHALL ADIMAA, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT URBAN LADDER HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
10.6. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
11.1. adimaa may, in its sole discretion and without prior notice, terminate Your access to the Website if adimaa determines that You have violated the Terms or Additional Terms or any other duty owed to adimaa. Any violation by You of the Terms will constitute a breach, and will cause irreparable harm to adimaa, for which monetary damages is likely to be inadequate, and You consent to adimaa obtaining any injunctive or equitable relief that adimaa deems necessary or appropriate. These remedies are in addition to any other remedies adimaa may have at law or in equity.
12.1. The Terms will continue to apply until terminated by either You or adimaa as set forth below. If You want to terminate Your agreement with adimaa, You may do so by closing Your Account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from, or are related to Your use of the Website prior to such termination, or any Product purchased by You or any Services availed by You prior to such termination.
12.2. adimaa may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
12.2.2. adimaa is required to do so by law (for example, where the sale of Products or provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations);
12.2.3. The sale of Products or provision of the Services to You by adimaa is, in adimaa‘s opinion, no longer commercially viable;
12.2.4. adimaa has elected to discontinue, with or without reason, access to the Website, providing of any the Services (or any part thereof) either in general or specifically to You;
12.2.5. For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or providing any Services. adimaa may also delete any content or other materials relating to Your use of the Website.
12.3.adimaa shall not be liable to You or any third party for any such termination.
12.4. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.
13. GOVERNING LAW
13.1. The Terms and all transactions entered and the relationship between You and adimaa.in and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
13.2. All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at adimaa.in , India and You hereby accede to and accept the jurisdiction of such courts.
14. REPORT ABUSE
In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable Content on the Website, please report to adimaa.in
15.1. The Terms and all transactions entered and the relation
ship between You and Urban Ladder and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.
15.2. All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at adimaa.in , India and You hereby accede to and accept the jurisdiction of such courts.
16. NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and newsletters from adimaa by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from adimaa at any time by following the procedure set forth in the newsletters.
17. GENERAL PROVISIONS
17.1. Notice: All notices from adimaa will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to adimaa pursuant to the Terms should be sent to adimaa.in.
17.3. Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.
17.4. Waiver: Any failure by adimaa to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
17.5. Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. adimaa 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) adimaa is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from adimaa for the feedback under any circumstances.
17.6.Exactness Not Guaranteed: adimaa tries its best to deliver Products and Services exactly the way they are described on the Website. However, the nature and tendency of natural material based products is that each piece of furniture is unique in its own way. adimaa hereby disclaims any guarantees of exactness of the finish or appearance of the final Products or Services ordered by the User over and above generally acceptable standards on the same. The quality of the Products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations.