TERMS AND CONDITIONS OF USE
Description of Services
Through the website www.vataly.com , Vataly provides users an option to purchase designer – quality goods which are offered at great values to the customer. Membership allows customers to purchase a variety of products, from accessories to essentials, exclusively offered to the members on a monthly basis.
Introductions and key Definitions:
In these Terms the following definitions shall apply:-
“Content” means all visual, text, audio and video clips or other material on the Website, including, without limitation, descriptions of goods and their profiles;
“Vataly”, “us”, “we” and “our” means Vataly Private Limited, a private limited company, incorporated and registered under the laws of India, having it’s registered office at Madhuban 7 Laburnam road, Gamdevi Mumbai 400007 INDIA
“”User” means anyone using the Website for any reason whatsoever; and
“Website“means our website www.vataly.com and all the pages, content and sub-domains contained in it.
License and Site Access:
Vataly grants you a limited license to access and make personal use of the Website and the Services offered. This license does not permit the following:
Any downloading or copying of account information for the benefit of another website, vendor or any other third party;
Giving of unauthorized hypertext links to the Website anywhere;
Uploading, posting, or transmitting any Content that you do not have a right to make available and/or that may infringe on the intellectual property rights of any third party;
Uploading, posting, or transmitting any material/Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Vataly’s sole discretion) an unreasonable or disproportionately large load on Vataly’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Vataly to prevent or restrict access to the Website. Any unauthorized use by you shall terminate the permission or license granted to you by Vataly.
Eligibility and Registration for Membership:
You must be 18 years of age or older to register as a member and use the Service.
As part of the registration as a customer of the Website, you will be asked to submit personal data. You are responsible for ensuring that the data is complete, accurate and correct. After you have completed the registration process, you will receive a confirmation of your registration by email. To facilitate access to the online service on the Website, you will receive a password. You are obliged to treat this password and any other access data confidential and protected from access by unauthorized third parties. Vataly reserves the right to refuse registration without giving any reason whatsoever.
You are only permitted to register and use one membership account at a time. Multiple registrations will be deleted by Vataly.
You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that our Website cannot and will not be liable for any loss or damage arising from your failure to comply with password security as discussed herein.
You agree to provide true, accurate, current and complete information about yourself (such information being the “Registration Data“), and you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Vataly shall not be liable for any loss or damage caused due to inaccurate or incomplete or out of date Registration Data.
If you provide any information that is untrue, inaccurate or incomplete, or we have any reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we may suspend or terminate your account and refuse to offer you any and all current or future use of the Service and the Website.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer.
Vataly reserves the right to issue a warning, to terminate your membership or to modify or delete content you have submitted, if you violate any of the provisions of this Section 4. Any claims for damages by Vataly remain unaffected.
Use of the Website:
The Website may be used only for lawful purposes.
Users are prohibited from:
accessing data not intended for them or logging into a server or account which they are not authorised to access;
deleting or revising any Content posted by Vataly;
using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website; and
disclosing to or sharing their password with any third parties or using their password for any unauthorised purpose.
We may, in our sole discretion, delete, suspend or deactivate any User account or otherwise terminate or restrict any User’s access to the Website immediately and without notice if we believe that such User has acted inconsistently with the letter or spirit of the Terms. Neither Vataly nor its officers or employees shall be liable to any person for any resulting termination or restriction of a User’s access to the Website.
Intellectual Property Rights:
Unless indicated to the contrary, Vataly owns all the intellectual property rights relating to the brandname “Vataly” and the Website, including the designs, text, database, graphics and layouts, and Users are not permitted to use or copy any part of them without our express permission in writing.
Users are not permitted to download, reproduce, copy, resell or exploit for any commercial purposes, any material on the Website, or to use automated means to download data from the Website (including without limitation, spiders, robots, crawlers or data mining tools, but excepting standard internet search engines).
Users are not permitted to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Website.
While placing an order customer shares the account information (Name, E-mail, and Payment information), in the process the information gets saved in Vataly’s Website, which shall be further used for customers order related queries and shipment process. Vataly is under obligation of maintaing and utilising customers personal information responsibly.
In addition, Vataly shall maintain the record of the purchase history of the customers and other membership details in order to improvise customers shopping experience.
Limitations on Service:
We may establish limits on the use of the Website and we reserve the right at any time to modify or discontinue the Website (or any part of it) with or without notice.
We reserve the right to suspend operation of the Website from time to time for any reason, including, without limitation, to enable us to perform system upgrades or maintenance or to resolve technical issues, and we will endeavour to provide reasonable advance notice of such suspension prior to the same.
We shall not be liable to any User or to any third party for any modification, suspension or discontinuance of the Website or the Service or any part of it, including for loss of profit or consequential or incidental loss or damage.
Disclaimer of Warranty:
The information, content and documents from or through our Website are provided on as is and whatever is basis and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose).
Vataly is not responsible for the conduct, whether online or offline, of any User of our Website or Services.
We take all reasonable care and safeguards to ensure that the Website and its electronic communications are virus-free. However, we make no warranty that the Website is free of viruses or other harmful components.
Vataly does not endorse and is not responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the Website by any party other than Vataly, (b) any content provided on linked sites or (c) the capabilities or reliability of any product or service obtained from a linked site.
Vataly reserves the right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice.
Limitation of Liability:
Vataly or its subsidiaries, agents, directors, agents, affiliates shall not be liable to you for any direct, incidental, special, consequential or exemplary damages including but not limited to, damages for loss of profits, opportunity, goodwill, use, data or other intangible losses, resulting from the use of the Website or related/unrelated services offered on the Website from time to time.
In the event of your breach of these Terms or violation of any law or third party rights by you, you agree to indemnify and hold Vataly (and its officers, agents, directors, subsidiaries, joint ventures and employees) harmless and against any claim, demand, loss, expense, damage and cost, resulting from any such breach of these Terms or violation of any law or third party rights or related to any activity in respect of your account (including negligent or wrongful conduct).
Links to Other Sites:
The Website may provide links to third party web sites. These links are provided as a service and not as an endorsement by Vataly of the contents on such third-party web sites. We are not responsible for the content of linked third-party sites and do not make any representations regarding the content or accuracy of materials on such third party web sites. Users accessing linked third party web sites do so at their own risk.
Correction of Site Errors:
The information provided on the Website may contain typographical errors or inaccuracies. Vataly shall reserve the right to update any such changes occurring on the Website without prior notice. Please consider that these changes could be related to information pertaining to goods, pricing, and availability. Vataly states that if any of these instances taking place, at any point of time Vataly shall have all the right to terminate any order.
When you use the Website, send emails to us, you are communicating with us via the electronic medium. Vataly will communicate with you via email or by posting notices on the Website and you agree to receive communication electronically from us. You agree that all notices, disclosures, agreements and other communications that are provided to you electronically, satisfy any legal requirements that such communications must be in writing.
You may not assign or transfer your rights and/or obligations under these Terms.
These Terms shall be governed and interpreted in accordance with the Laws of India and the courts of Mumbai shall have exclusive jurisdiction over any dispute arising out of these terms and conditions.