INTELLECTUAL PROPERTY RIGHTS
The “Masakali Fashions” name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks”) of Masakali Fashions. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Masakali Fashions or others, are the intellectual property of their respective owners, and Masakali Fashions shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.
Masakali Fashions and its suppliers and licensors expressly reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of Masakali Fashions and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips, downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited. Unless Masakali Fashions explicitly provides to the contrary, all Contents are copyrighted, trademarked, trade dressed and/or other intellectual property owned, controlled or licensed by Masakali Fashions, any of its affiliates or by third parties who have licensed their materials to Masakali Fashions and are protected by Indian copyright laws and international treaties.
REPRESENTATIONS AND WARRANTIES
Masakali Fashions shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Masakali Fashions does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.
Masakali Fashions through the Site intends to provide its users with general information about beauty and healthcare topics and products. The Site encourages its users to interact with Masakali Fashions and its employees by asking questions that enables the user to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Site or on social networking sites, including the Site’s Facebook page, or any information provided over chat or e-mails exchanged with Masakali Fashions, its employees or representatives (collectively referred to as “Information”) which are in furtherance of any communication made by the user with Masakali Fashions, its employees or representatives is based on the background provided by the user. The Information is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While Masakali Fashions takes reasonable care to ensure that the Information is accurate, Masakali Fashions makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, users are advised to seek opinion from a certified medical practitioner. In the event any user relies on the Information provided by Masakali Fashions or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will Masakali Fashions, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.
In keeping with Masakali Fashions’s objective of providing \its users with general information about beauty and healthcare topics and products, Masakali Fashions engages experts having knowledge of in their respective fields (“Experts”) to respond to queries posted by users. Any information provided by the Experts, either over the Site, through e-mails, chat rooms or on social networking sites, including the Site’s facebook page (collectively referred to as “Expert’s Opinion”) is based on the Expert’s personal opinion. The Expert’s Opinion is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. Masakali Fashions makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Expert’s Opinion. In case any user relies on such Expert’s Opinion, he/she may do so at its own risk. Under no circumstances will the Masakali Fashions, Company, its employees, representative or affiliates be liable for such Expert’s Opinion or for the consequences of relying on such Expert’s Opinion.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The site is presented “as is.” neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of Masakali Fashions. We make no representations or warranties that defects or errors will be corrected.
Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
LINKS AND THIRD PARTY SITES
References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Masakali Fashions endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Masakali Fashions and those third parties.
Masakali Fashions is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Masakali Fashions do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.
GOVERNING LAW AND JURISDICTION
Without any prejudice to particulars listed in Clause 13 above, Masakali Fashions shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, accessing data not intended for you or logging onto a server or an account which you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” sending unsolicited email, including promotions and/or advertising of products or services; or forging any header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability.Masakali Fashions is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Masakali Fashions on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Masakali Fashions’s failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at firstname.lastname@example.org
E-mail id: email@example.com
Contact Days: Monday to Saturday (11:00 a.m. to 7:00 p.m.)