http://www.andymalhan.com ("Website") maintained by Canvera Digital Technologies Private Limited having its registered office at No. 531/144, 150 Feet Ring Road, Agara, HSR Layout, Bangalore - 560102 ("Canvera") provides its services to you subject to the notices, terms, and conditions set forth in this agreement (the "Agreement"). This Agreement constitutes a valid and binding agreement between Canvera and you wherein the terms on which the Website can be used. In addition, when you use any service (e.g., customer reviews) provided by the Website, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. Canvera reserves the right to change the contents of this Website and these terms and conditions at any time, with or without prior notice to you. Your continued use of the Website after the effective date of such changes constitutes your acceptance of and agreement to such changes. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE WEBSITE.
Subject to the terms and conditions of this Agreement, Canvera hereby grants you a limited, revocable, non ??? transferable and non ??? exclusive license to access and use the Website by displaying it on your internet browser solely for the purpose of shopping for merchandise sold on the Website and not for any commercial use or use on behalf of any third party, except as explicitly permitted by Canvera in advance in writing. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without any notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse ??? engineer, disassemble, decompile or otherwise exploit this Website or any portion of it unless expressly permitted by Canvera in writing. You may not make any commercial use of any of the information provided on the Website or make any use of the Webssite for the benefit of another business unless explicitly permitted by Canvera in advance in writing. Canvera reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Canvera believes that customer conduct violates applicable law or is harmful to Canvera's interests. You shall not use this Website or any content, information, or other material contained hereof to the extent that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under Indian or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
The risk of loss and title for items purchased by you pass to you upon Canvera's delivery of the items to the carrier pursuant to vivyo.canvera.com standard terms of sale.
In addition to any other legal or equitable remedies, Canvera may, without prior notice to you, immediately terminate the Agreement or revoke any or all of your rights granted under this Agreement. Upon any termination of this Agreement, you shall immediately cease all access to and use of the Website and Canvera shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the rights and obligations (including without limitation, payment obligations) of Canvera arising before the date of termination.
This Website may be accessed from countries other than India. If you access and use this Website outside India you are responsible for complying with your local laws and regulations.
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF IMAGES ON THIS WEBSITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY CANVERA ON AN "AS IS" BASIS. CANVERA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CANVERA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS WEBSITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. CANVERA DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANVERA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CANVERA'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO CANVERA DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO CANVERA'S LIABILITY.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, Canvera shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Canvera shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Canvera shall immediately issue a credit to your credit card account in the amount of the charge.
This Website may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that Canvera is not responsible for the operation of or content located on or through any such site.
You agree to defend, indemnify and hold Canvera and its affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to or arising from any violation of this Agreement by you.
You agree that Canvera's remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Canvera shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Canvera may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of Canvera shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No instance of waiver Canvera of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of law provisions. Any disputes under this Agreement shall be referred to arbitration and shall be settled in accordance with the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Bangalore, India.