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
PLEASE CAREFULLY READ THESE TERMS OF
USE. BY USING THIS PLATFORM YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF
THESE TERMS.
IN THE EVENT OF NON-COMPLIANCE WITH THESE
TERMS OF USE, THE PLATFORM HAS THE RIGHT TO LIMIT OR TERMINATE YOUR ACCESS OR USAGE
RIGHTS TO THE PLATFORM IMMEDIATELY OR REMOVE NON-COMPLIANT INFORMATION OR BOTH
AS THE CASE MAY BE, IN ACCORDANCE WITH THE INFORMATION TECHNOLOGY (INTERMEDIARY
GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 UNDER THE INFORMATION TECHNOLOGY
ACT, 2000 ("IT ACT"). BY USING THE PLATFORM AND ACCESSING OUR
SERVICES, YOU INDICATE YOUR UNDERSTANDING AND AGREEMENT TO BE BOUND BY THE
TERMS STATED UNDER TERMS OF USE.
IF YOU DO NOT AGREE TO THESE TERMS, YOU
MAY NOT USE THE PLATFORM AND THE SERVICES.
The Platform and the Service are
provided to you subject to these DREMSLLY Terms of Use (these
"Terms"). For the purpose of the Terms and wherever the context so
requires, the terms "you" and "your" shall mean any person
who uses or accesses, whether through manual or automated means, the Platform
or the Service in any manner whatsoever including persons browsing the Platform
and its content, posting comments or any content or responding to any
advertisements or content on the Platform. By using the Service, you agree to
comply with these Terms. Additionally, when using a portion of the Service, you
agree to conform to any applicable posted guidelines for such Service, which
may change or be updated from time to time at DREAMSLLY's sole discretion. You
understand and agree that you are solely responsible for reviewing these Terms
from time to time. Should you object to any term or condition of these Terms,
any guideline, or any subsequent changes thereto or become unhappy with
DREAMSLLY or the Service in any way, your only choice is to immediately
discontinue the use of DREAMSLLY. These Terms may be updated by DREAMSLLY at
any time at its sole discretion. DREAMSLLY may send you notices of changes to
the Platform or the Terms. Your continued use of this DREAMSLLY after the
posted effective date constitutes your agreement to be bound by these Terms
& Conditions as modified, except those modifications do not apply to any
dispute arising prior to their effective date. DREAMSLLY may provide a
translation of the English version of the Terms into other languages. You
understand and agree that any translation of the Terms into other languages is
for your convenience only and that the English version governs the terms of
your relationship with DREAMSLLY. Furthermore, if there are any inconsistencies
between the English version of the Terms and any translation, the English
version of the Terms shall govern.
By using this Website, You accept the following Terms & Conditions. This is a legally binding agreement between You and DREAMSLLY; please read it carefully. When using this Platform, You may be subject to other posted terms and guidelines applicable to certain services available on this Platform. All terms and guidelines on this Platform, including our Privacy Policy, are part of these Terms & Conditions. Unless explicitly stated otherwise, any features or services available at any time on this Platform are subject to these Terms & Conditions. Accessing this Platform in any manner, even through automated means, constitutes your use of the Platform and your agreement to be bound by these Terms & Conditions. The present Terms and Conditions apply exclusively to the relationship between DREAMSLLY and the participants using the Public Area of the databases operated by DREAMSLLY (marketplace for Jewelry). Any participants' own terms will be superseded by these terms.The material that appears on this Platform is for general information purposes only. Our Platform includes materials and information collected from and provided by third parties that We may not have evaluated or reviewed. We make no guarantees regarding the accuracy, completeness, timeliness, or reliability of any of the materials or information on this Platform, and You should not rely on it without independent verification
MEMBERSHIP ELIGIBILITY
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.
CONTENT POLICY
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
CONDUCT
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
IX. Any Content uploaded by you shall be
subject to relevant laws and may disabled, or and may be subject to
investigation under appropriate laws. Furthermore, if you are found to be in
non-compliance with the laws and regulations, these terms, or the privacy
policy of the Site, we may terminate your account/block your access to the Site
and we reserve the right to remove any non-compliant Content uploaded by you.
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.
USER SUBMISSIONS
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.
INDEMNITY
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
BREACH
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
(d) If you breach any term on the
Dreamslly or its Affiliates or Privacy policy or any applicable
law/notification.
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).
NO WARRANTY
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.
Severability Clause:
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.
Contacting you:
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
Arbitration
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.
Governing Law
The User Agreement shall be governed and
construed in accordance with the laws of India.