ACCEPTANCE AND GENERAL PROVISIONS
Welcome to Jewelslly.com. DREAMSLLY PVT. LTD is an Indian company head office located at _ Jaipur__Company's Registered Address__SS207, Narayan Plaza, Kishanpole Bajar 302003 India__. Dreamslly Pvt. Ltd. and its affiliates and/or branches (hereinafter together "DREAMSLLY") provide a collection of online resources which include classified advertisements (collectively, the "Service") on the website Jewelslly.com and Jwellslly.com corresponding and the mobile application of the platform (collectively, the "Platform"). and the terms "You", "Yours" refer to You as a user of Jewelslly.com and its Domain and subdomains
IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE PLATFORM AND THE SERVICES.
Full use of the Platform is available only to persons who can form legally binding contracts with Dreamslly or its affiliates under an applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. The Platform is not available to persons whose membership has been suspended or terminated by Dreamslly or its affiliates. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
If you use the Platform, you are responsible for maintaining the confidentiality of your account like email ID , Password, etc. and for restricting access to your computer, Mobile device/s and you agree to accept responsibility for all activities that occur under your account or Password. You agree to:
(a) Provide true, accurate, current and complete information about yourself as prompted by registration form available on the Platform (such information being the "User Registration Data"); and
(b) Maintain and promptly update the User Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Dreamslly or its affiliates has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Dreamslly or its affiliates has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Platform.
I. Jewelslly.com is a Platform for online Jewelry classifieds. The Platform acts as a match-making platform for User to negotiate and interact with other User for entering into negotiations in respect thereof for sale or supply of goods or services. Jewelslly.com will provide participants means to advertise their Jewelry on the Platform (sellers) and will display said Jewelry for an agreed amount of time to internet visitors (buyers). Our Platform allows users to publish listings, ratings, and reviews and to access social media tools where users may post material accessible to others or transmit communications to others. Some of these tools may be operated by third parties, and your use of them is subject to both the terms of this Terms & Conditions and to the policies of their third-party providers. We act as a venue to allow our users who comply with these Terms to offer, sell, and buy Jewelry and services listed on the Platform. Dreamslly or its affiliates is not in any way involved in such transactions. As a result, and as discussed in more detail in these Terms, you hereby acknowledge and agree that Dreamslly or its affiliates is not a party to such transactions, has no control over any element of such transactions, and shall have no liability to any party in connection with such transactions. You use the Service and the Platform at your own risk.
II. You understand that Dreamslly or its Affiliates does not control, and is not responsible for ads, directory information, business listings/information, messages between users, including without limitation e-mails sent from outside Dreamslly or its Affiliates's domain or other means of electronic communication, whether through the Platform or another Third Party Website (defined below) or offerings, comments, user postings, files, images, photos, video, sounds, business listings/information and directory information or any other material made available through the Platform and the Service ("Content"), and that by using the Platform and the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. You acknowledge and agree that you are responsible for and must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Dreamslly or its Affiliates be liable in any way for the Content or for any loss or damage of any kind incurred as a result of the browsing, using or reading any Content listed, emailed or otherwise made available via the Service. You acknowledge and agree that Dreamslly or its Affiliates cannot and does not pre-screen or approve any Content, but that Dreamslly or its Affiliates has the right, in its sole and absolute discretion, to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms and such violation being brought to Dreamslly or its Affiliates's knowledge or for any other reason or no reason at all. Furthermore, the Platform and Content available through the Platform may contain links to other third-party websites ("Third Party Websites"), which are completely unrelated to Dreamslly or its Affiliates. If you link to Third Party Websites, you may be subject to those Third Party Websites' terms and conditions and other policies. Dreamslly or its Affiliates makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such Third Party Website, and your linking to any other websites is completely at your own risk and Dreamslly or its Affiliates disclaims all liability thereto.
III. You acknowledge and agree that you are solely responsible for your own Content posted on, transmitted through, or linked from the Service and the consequences of posting, transmitting, linking, or publishing it. More specifically, you are solely responsible for all Content that you upload, email, or otherwise make available via the Service. In connection with such Content posted on, transmitted through, or linked from the Service by you, you affirm, acknowledge, represent, warrant and covenant that: (i) you own or have and shall continue to, for such time the Content is available on the Platform, have the necessary licenses, rights, consents, and permissions to use such Content on the Service and Platform (including without limitation all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such Content) and authorize Dreamslly or its Affiliates to use such Content to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person or business in the Content to use the name or likeness of each and every such identifiable individual person or business to enable inclusion and use of the Content in the manner contemplated by the Service, the Platform and these Terms. For clarity, you retain all of your ownership rights in your Content; however, by submitting any Content on the Platform, you hereby grant to Dreamslly or its Affiliates an irrevocable, non-cancellable, perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Platform and Dreamslly or its Affiliates's (and its successor's) business, including without limitation for the purpose of promoting and redistributing part or all of the Platform and Content therein (and derivative works thereof) in any media formats and through any media channels now or hereafter known. These rights are required by Dreamslly or its Affiliates in order to host and display your Content. Furthermore, by you posting Content to any public area of the Service, you agree to and do hereby grant to Dreamslly or its Affiliates all rights necessary to prohibit or allow any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service or Platform by any party for any purpose. As a part of the Service, Dreamslly or its Affiliates may offer the facility of automatically capturing the "Description" of your ad based on the images uploaded by you. Dreamslly or its Affiliates makes no warranty on the veracity or the accuracy of the generated Description. The Description may be edited by you at any time while your ad is live. You also hereby grant each user of the Platform (a) a non-exclusive license to access your Content through the Platform, and (b) the right to contact you with regard to the Content posted by you through private chat or any other means. The foregoing license to each user granted by you terminates once you or Dreamslly or its Affiliates remove or delete such Content from the Platform. Further, you grant Dreamslly or its Affiliates the right to make available your Content to any third party in connection with the transaction contemplated in your classified advertisement.
IV. Dreamslly or its Affiliates does not endorse any Content or any opinion, statement, recommendation, or advice expressed therein, and Dreamslly or its Affiliates expressly disclaims any and all liability in connection with User Content. Dreamslly or its Affiliates does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Dreamslly or its Affiliates may, at its sole discretion, remove any infringing Content if properly notified in accordance with applicable law that such Content infringes on another's intellectual property rights. Dreamslly or its Affiliates reserves the right to remove any Content without prior notice. Dreamslly or its Affiliates may also terminate a user's access to the Platform if they are determined to be a repeat infringer or found to be indulging in any act contrary to these Terms. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had a user submission removed from the Platform more than twice. Further, at its sole discretion, Dreamslly or its Affiliates reserves the right to decide whether any Content is appropriate and complies with these Terms. Jewelslly.com reserves the right to temporarily limit access to the Website if such is needed for technical reasons such as upgrading, server integrity etc. This may make it difficult or impossible to access advertisements during that period
When publishing anything to our Platform or using any social medial tools or interactive features, You agree that You will not post or transmit, email, host, display, upload, modify, publish, store, update or share any information on the Platform, or otherwise make available Content:
I. That violates any law or regulation;
II. That is copyrighted or patented, protected by trade secret or trademark, or otherwise subject to third party proprietary rights, including privacy and publicity rights unless you are the owner of such rights or have permission or a license from their rightful owner to post the material and to grant Dreamslly or its Affiliates all of the license rights granted herein;
III. That infringes any of the foregoing intellectual property rights of any party, or is Content that you do not have a right to make available under any law, regulation, contractual or fiduciary relationship(s);
IV. That is harmful, abusive, unlawful, threatening, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy or other rights, including bodily privacy, insulting or harassing on the basis of gender, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or harms or could harm minors in any way or otherwise unlawful in any manner whatsoever or otherwise inconsistent with or contrary to the laws in force;
V. That harasses degrades intimidates, or is hateful towards any individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
VI. That violates any (local) equal employment laws, including but not limited to those prohibiting the stating, in any advertisement for employment, a preference or requirement based on race, color, religion, sex, national origin, age, or disability of the applicant.
VII That threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation;
VIII. That includes personal or identifying information about another person without that person's explicit consent;
IX. That impersonates any person or entity, including, but not limited to, an Dreamslly or its Affiliates employee, or falsely states or otherwise misrepresents an affiliation with a person or entity;
X. Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
XI. That is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch" offer;
XII. That constitutes or contains "pyramid schemes," "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," or unsolicited advertisements of a commercial nature;
XIII. That constitutes or contains any form of advertising or solicitation if posted in areas or categories of the Platform which are not designated for such purposes; or e-mailed to Dreamslly or its Affiliates users who have requested not to be contacted about other services, products, or commercial interests;
XIV. That includes links to commercial services or Third-Party Websites, except as specifically allowed by Dreamslly or its Affiliates;
XV. That advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
XVI. 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 or any other computer resource;
XVII That disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
XVIII. That employs misleading email addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
XIX. That belongs to another person and to which you do not have any right;
XX. That is harmful to child;
XXI. That deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
XXII. That is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
You further agree that You will not attempt or do any of the following
I. Contact anyone who has asked not to be contacted, or makes unsolicited contact with anyone for any commercial purpose, specifically, contact any user to post an advertisement on a third-party website or post any advertisement on behalf of such user; or to "stalk" or otherwise harass anyone;
II. Make any libelous or defamatory comments or postings to or against anyone;
III. Collect personal data about other users or entities for commercial or unlawful purposes;
IV. Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Service, except for internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
V. Post Content that is outside the local area or not relevant to the local area, repeatedly post the same or similar Content, or otherwise impose unreasonable or disproportionately large loads on our servers and other infrastructure;
VI. Post the same item or service in multiple classified categories or forums, or in multiple metropolitan areas;
VII. Attempt to gain unauthorized access to computer systems owned or controlled by Dreamslly or its Affiliates or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Platform.
VIII. Use any automated device or software that enables the submission of automatic postings on Dreamslly or its Affiliates without human intervention or authorship (an "automated posting device"), including without limitation, the use of any such automated posting device in connection with bulk postings, or for automatic submission of postings at certain times or intervals; or
Dreamslly or its Affiliates grants you a limited, revocable, non-exclusive license to access and use the Service for personal use. This license granted herein does not include any of the following: access to or use of the Service by collection, aggregation, copying, duplication, display, or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Dreamslly or its Affiliates or as otherwise set forth in these Terms. Notwithstanding the foregoing, general purpose internet search engines and non-commercial public archives that gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file, may engage in the activities set forth in (b). For purposes of this exception, a "general purpose internet search engine" does not include a website or search engine or other services that specializes in classified listings including any subset of classifieds listings such as housing, for sale, jobs, services, or personals, or which otherwise provides classified ad listing services. The license set forth in this Section permits you to display on your website, or create a hyperlink thereto, individual postings on the Service so long as such use is for non-commercial and/or news reporting purposes only (e.g., for use in personal blogs or other personal online media). If the total number of such postings displayed on or linked to your website exceeds limits set by Dreamslly or its Affiliates, your use will be considered to be in violation of these Terms, unless Dreamslly or its Affiliates expressly grants you permission otherwise. You are also permitted to create a hyperlink to the home page of the Platform so long as the link does not portray Dreamslly or its Affiliates, its employees, affiliates, or agents in a false, confusing, misleading, derogatory, or otherwise offensive matter. Use of the Service beyond the scope of authorized access as set forth in these Terms immediately terminates any permission or license granted herein. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Dreamslly or its Affiliates.
FEES AND SERVICES
Dreamslly or its Affiliates does not charge any fee for browsing on the Platform. Membership on the Platform is available on the payment of the prescribed fee structure and meeting other conditions as described in the User Agreement. Dreamslly or its Affiliates charges a listing fees to all sellers who list their list Jewelry. Before you list Jewelry through the Platform, we request you to review our fee, posted on the Platform, which is hereby incorporated by reference into this User Agreement. However, Dreamslly or its Affiliates reserves the right to change its fee charging and credit policies from time to time. In particular, Dreamslly or its Affiliates may at its sole discretion introduce new services and modify some or all of the existing services offered on the Platform. In such an event Dreamslly or its Affiliates reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the fee-charging and credit policies shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in INR. You are responsible for paying all fees associated with the use of the Platform and you agree to bear any and all applicable taxes, charges, etc. levied thereon. Dreamslly or its Affiliates reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership, and refuse to provide you with access to the Platform in case of non-payment of fees by you to Dreamslly or its Affiliates. Dreamslly or its Affiliates also reserves the right to take legal action in case of non-payment of fees by you to Dreamslly or its Affiliates.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the materials on the Platform, other than the User Content that you licensed to the user, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Dreamslly or its Affiliates, and are subject to copyright and other intellectual property rights under Indian laws, foreign laws and international treaties and/or conventions. In connection with the Services, the Platform may display certain trademarks belonging to third parties. Use of these trademarks may be subject to the license granted by third parties to Dreamslly or its Affiliates. You shall, in no event, reverse engineer, decompile, or disassemble such trademarks and nothing herein shall be construed to grant you any right in relation to such trademarks. Materials on the Platform are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Dreamslly or its Affiliates reserves all rights not expressly granted herein to the Platform and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than as expressly permitted herein, including any use, copying, or distribution of Materials of third parties obtained through the Platform for any commercial purposes. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Platform or features that prevent or restrict the use or copying of any Materials or enforce limitations on the use of the Platform or the Materials therein. The Service is protected to the maximum extent permitted by copyright laws, other laws, and international treaties and/or conventions. The content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, other laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Platform, the Materials, or the collective work or compilation is expressly prohibited. Copying or reproducing the Platform, the Materials, or any portion thereof to any other server or location for further reproduction or redistribution is expressly prohibited. You further agree not to reproduce, duplicate or copy Content or Materials from the Service, and agree to abide by any and all copyright notices and other notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
Dreamslly or its Affiliates is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end-users, or any other third parties. If you are an owner of intellectual property rights or an agent who is fully authorized to act on behalf of the owner of intellectual property rights and believe that any Content or other content infringes upon your intellectual property right or intellectual property right of the owner on whose behalf you are authorized to act, you may submit a notification to Dreamslly or its Affiliates together with a request to Dreamslly or its Affiliates to delete the relevant Content in good faith on claims made by you. In case you are an owner of an Intellectual Property and want to specifically report about any counterfeit goods on our Platform please refer to our Dreamslly or its Affiliates.
You understand that when using the Platform, you will be exposed to Content from a variety of sources and that Dreamslly or its Affiliates is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and you agree and assume all liability for your use. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, defamatory, or libelous and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Dreamslly or its Affiliates with respect thereto.
You acknowledge and agree that Dreamslly or its Affiliates shall not be liable for your interactions with any organizations and/or individuals on the Platform or through the Service. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties, or representations associated with any interaction you may have with other organizations and/or individuals. These dealings are solely between you and such organizations and/or individuals. You agree and acknowledge that Dreamslly or its Affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between participants on the Platform, or between users and any third party, you understand and agree that Dreamslly or its Affiliates is under no obligation to become involved in such dispute. In the event that you have a dispute with one or more other users, you hereby release Dreamslly or its Affiliates, its officers, employees, agents, and successors from any and all claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service
You agree to defend, indemnify and hold harmless Dreamslly or its Affiliates, its officers, sub, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from (i) your use of and access to the Platform and/or the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms and your use of the Service and the Platform.
NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements or other unsolicited communications to Dreamslly or its Affiliates email addresses or through Dreamslly or its Affiliates computer systems is expressly prohibited by these Terms. You acknowledge and agree that from time to time Dreamslly or its Affiliates may monitor email usage using human monitors or automated software to flag certain words associated with spam or scams in emails that are sent between one user to another in the Dreamslly or its Affiliates email system. Any communication between yourself and any other user utilizing the communication features available on the Service and the Platform may be used only in accordance with the Terms. Any unauthorized use of Dreamslly or its Affiliates computer systems is a violation of these Terms and certain applicable laws. Such violations may subject the sender and his or her agents to civil and criminal penalties
Without limiting other remedies, Dreamslly or its Affiliates may limit your activity, immediately end your listing, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate your membership, and/or refuse to provide you with access to the Platform:
(a) If you breach the User Agreement or the documents it incorporates by reference;
(b) If Dreamslly or its Affiliates is unable to verify or authenticate any information you provide; or
(c) If it is believed that your actions may cause legal liability for you, other Users or Platform; or
Dreamslly or its Affiliates may at any time at its sole discretion reinstate suspended Users. A User that has been indefinitely suspended may not register or attempt to register with Dreamslly or its Affiliates or use the Platform in any manner whatsoever until such time that such User is reinstated by Dreamslly or its Affiliates. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Dreamslly or its Affiliates reserves the right to recover any damages and amounts due and owing by you to Dreamslly or its Affiliates and to take strict legal action including but not limited to a referral to the Cyber Crime Division / initiating criminal proceedings against you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DREAMSLLY OR ITS AFFILIATES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF DREAMSLLY OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE PLATFORM OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PLATFORM OR THE SERVICE, FROM INABILITY TO USE THE PLATFORM OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PLATFORM OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE PLATFORM, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PLATFORM OR THE SERVICE OR ANY LINKS ON THE DREAMSLLY OR ITS AFFILIATES SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DREAMSLLY OR ITS AFFILIATES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PLATFORM IS CONTROLLED AND OFFERED BY DREAMSLLY OR ITS AFFILIATES. DREAMSLLY OR ITS AFFILIATES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM IS APPROPRIATE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. DREAMSLLY OR ITS AFFILIATES'S LIABILITY IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES, IF ANY, PAID BY YOU TO DREAMSLLY OR ITS AFFILIATES. DREAMSLLY OR ITS AFFILIATES, ITS ASSOCIATES AND TECHNOLOGY PARTNERS, OR LEGAL PARTNERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS AND/OR TIMELINESS OF ANY CONTENT, INFORMATION, SOFTWARE, TEXT, GRAPHICS, LINKS OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE PLATFORM OR THAT THE OPERATION OF THE PLATFORM WILL BE ERROR FREE AND/OR UNINTERRUPTED. CONSEQUENTLY, DREAMSLLY OR ITS AFFILIATES ASSUMES NO LIABILITY WHATSOEVER FOR ANY MONETARY OR OTHER DAMAGE SUFFERED BY YOU ON ACCOUNT OF:
(I) THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE PLATFORM; AND/OR
(II) ANY INTERRUPTION OR ERRORS IN THE OPERATION OF THE PLATFORM. YOU EXPRESSLY UNDERSTAND AND AGREE THAT DREAMSLLY OR ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DREAMSLLY OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
Dreamslly or its Affiliates and its suppliers provide the Platform and services "As Is" and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Platform is at your own sole risk.
In case any of the provisions in these Terms and Conditions are deemed ineffective or invalid, they will be replaced with legal effective and valid provisions as close as possible in meaning to these provisions. This will in no way affect the validity of the remaining provisions. The same applies to omissions in these terms and conditions.
Relationship and Notice
None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between you and Dreamslly or its Affiliates and you shall have no authority to bind Dreamslly or its Affiliates in any manner whatsoever.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Dreamslly or its Affiliates c/o Dreamslly Pvt. Ltd., _________________Company’s Registered Address_______________, (in the case of Dreamslly or its Affiliates) or to the email address you provide to us during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
By using Dreamslly or its Affiliates and filling any form on our Platform, you authorize us & both our current and future associate partners (including but not limited to financial partners and several automotive partners) to communicate with you via SMS, Email, Phone or any other means to offer you their and our services, imparting product knowledge, offering promotional offers listed on the website & offers offered by the associated third parties, regardless of your DNC or DND status
If any dispute arises between you and Dreamslly or its Affiliates during your use of the Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Dreamslly or its Affiliates. The place of arbitration shall be Jodhpur, Rajasthan, India. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
The User Agreement shall be governed and construed in accordance with the laws of India.