Terms and Conditions

Please read these terms and conditions carefully before using Our Products.

Acknowledgment

These are the Terms and Conditions governing the use of this Goods/Services and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

 

SALE

1. SALE AND PURCHASE OF GOODS

OJOVATHI ("Seller") hereby agrees to sell, and You ("Buyer") hereby agree to purchase, goods of the description and quantity described on the checkout window ("Checkout") and incorporated herein by this reference ("Goods") on the terms and conditions set forth in this Agreement.

2. PURCHASE PRICE

Buyer agrees to pay the Purchase Price of the Goods as posted on this website attached hereto.

3. PAYMENT TERMS

The total amount of the Purchase Price shall be payable in full by Buyer according to the payment due date stated at Checkout. In addition, Seller shall have the right to pursue any remedies available at law or as provided herein and shall be entitled to reimbursement from Buyer for Seller's costs of collection, including attorney fees, legal fees and costs and disbursements, if any.

4. DELIVERY

Unless otherwise agreed in writing, delivery shall be made in accordance with Seller's shipping policy in effect on the date of shipment. Delivery dates provided by Seller are estimates only. Seller will make reasonable efforts to deliver in accordance with such dates; however, Seller will not be liable for failure to deliver as estimated. Unless otherwise agreed in writing by Seller, Goods shall be packaged according to Seller's standards and practices.

5. CUSTOMS, DUTIES, AND TAXES

The recipient is responsible for assuring that the product can be lawfully imported to the destination country. When ordering from OJOVATHI, the recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders that are shipped to countries outside of India may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the destination country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; the recipient should contact their local customs office for further information. When customs clearance procedures are required, it can cause delays beyond our original delivery estimates. Customs, duties and taxes may be collected from the recipient by the carrier after paying it to the local customs office on recipient's behalf. Similarly, Octroi charges, as applicable, will be collected by the carrier from the consignee (recipient). The recipient will submit social security number, tax ID or any such proof of address or business as required by their customs office to have the shipment cleared.

PRIVACY

OJOVATHI believes strongly in protecting user privacy. Please refer to OJOVATHI privacy policy, incorporated by reference herein, that is posted on the Website.

Limitation of Liability

Seller undertakes no responsibility for the quality of the Goods or that the Goods will be fit for any particular purpose for which Buyer may be buying the Goods, except as otherwise provided in this Agreement, and Seller disclaims all other warranties and conditions, express or implied.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Seller (including its subsidiaries, affiliates, officers, directors, employees, agents or subcontractors, all of which are referred to herein collectively as the "seller affiliates") shall not be liable under any circumstance to buyer or any other party for any special, consequential, incidental or exemplary damages arising out of or in any way connected with the goods or otherwise, including but not limited to damages for lost profits, loss of the goods or any associated equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, down time, buyer's time, lost data, injury to property or any damages or sums paid by buyer to third parties, even if seller or any of the seller affiliates has been advised of the possibility of such damages. the foregoing limitation of liability shall apply whether any claim is based upon principles of contract, warranty, negligence, or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose, or otherwise. In no event shall seller or any seller affiliate be liable to buyer or any other party for loss, damage, or injury of any kind or nature arising out of or in connection with these terms and conditions in excess of the net purchase price of the goods actually delivered to and paid for by buyer hereunder.

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or Rs.101/- if You haven't purchased anything through the Service.

Cessation of Operation: OJOVATHI may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

Entire Agreement: This Agreement comprises the entire agreement between you and OJOVATHI and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver: The failure of OJOVATHI to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Governing Law: This Website originates from the Chennai-India. This Agreement will be governed by the laws of the State of Tamilnadu-India without regard to its conflict of law principles to the contrary. Neither you nor OJOVATHI will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Chennai. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. This Agreement shall be interpreted under the laws of the Tamil Nadu, INDIA, without giving effect to conflicts-of-law rules; and in the event of a dispute under this Agreement; Buyer submits to the exclusive jurisdiction and venue of the jurisdiction of Chennai and hereby waives any objection to such jurisdiction and venue.

Alteration/Modification: This Agreement may not be modified, altered or amended without the written agreement of Seller. Any additional or altered terms attached to any order submitted by Buyer shall be null and void, unless expressly agreed to in writing by Seller. If any term of this Agreement is illegal or unenforceable, the legality and enforceability of the remaining provisions shall not be affected or impaired.

Statute of Limitation: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within 6 Months after such claim or cause of action arose or be forever barred.

Waiver of Class Action Rights: By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. any claims arising out of, relating to, or connection with this agreement must be asserted individually.

Termination: OJOVATHI reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and OJOVATHI may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, OJOVATHI reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until OJOVATHI chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use: OJOVATHI makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

Assignment: You may not assign your rights and obligations under this Agreement to anyone. OJOVATHI may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

Colour Disclaimer: The colours of products you see on computer screen will vary slightly from those of the actual product. This is because of the difference in underlying technologies of computer monitors and fabric; monitors that are not properly calibrated also add to the difference in colours. In addition, the lighting used while taking photographs also factor in the final colour shown on the screen.

Force Majeure: Seller shall not be held responsible for any failure of performance to make timely delivery of all or any part of the Goods in the event such failure was due, in whole or in part, to federal, provincial or municipal action, statute, ordinance or regulation, strike or other labor trouble, fire or other damage to or destruction of, in whole or in part, the Goods or the manufacturing facility for the Goods, the lack of or inability to obtain raw materials, labor, fuel, electrical power, water or supplies, or any other cause, act of God, contingency or circumstances not subject to the reasonable control of Seller, which causes delays or hinders the manufacture or delivery of Goods. Seller shall determine in good faith the extent to which it can reasonably control a cause, contingency, or circumstance that affects the performance of its obligations.

 

WEB SITE TERMS AND CONDITIONS OF USE

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

Permission is granted to temporarily download one copy of the photo on OJOVATHI web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the images; use the images for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any images contained on OJOVATHI web site; remove any copyright or other proprietary notations from the images; or transfer the images to another person or "mirror" the images on any other server. If you violate any of these restrictions OJOVATHI has full rights to take legal action against you.

Disclaimer

The materials on OJOVATHI web site are provided "as is". OJOVATHI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or noninfringement of intellectual property or other violation of rights. Further, OJOVATHI does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. For more disclaimer please visit our disclaimer page on website.

Limitation

In no event shall OJOVATHI or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on OJOVATHI Internet site, even if OJOVATHI or a OJOVATHI authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. Revisions and Errata The materials appearing on OJOVATHI web site could include technical, typographical, or photographic errors. OJOVATHI does not warrant that any of the materials on its web site are accurate, complete, or current. OJOVATHI may make changes to the materials contained on its web site at any time without notice. OJOVATHI does not, however, make any commitment to update the materials.

Links

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Site Terms of Use Modification

OJOVATHI may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to OJOVATHI web site shall be governed by jurisdiction of Chennai without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

 

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

By email: info@ojovathi.com