Date of Last Update: January 25, 2021
THESE TERMS AND CONDITIONS SHALL BE BINDING UPON USERS OF www.malijewelry.com WEBSITE AND ITS SERVICES.
1.2 These Terms and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
2. Acceptance of the Terms
2.1 Each time by using the Website Services (defined below), making a purchase of any product through the Website, accessing or using the Website in any manner as laid down herein including, but not limited to, visiting or browsing it, you agree to be bound by these Terms as amended from time to time with or without notice.
2.2 We reserve the right to modify or discontinue, temporarily or permanently, at any time, the Website and/or the Website Services (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Website or the Website Services.
2.3 We may modify these Terms from time to time and any change to these Terms will be reflected on the Website with the updated version of the Terms and you agree to be bound to any changes to these Terms when you use the Website or the Website Services. We may also, in our sole and absolute discretion, choose to alert via email all users of whom we maintain email information of such modifications.
2.4 Also, occasionally there may be information on the Website or within the Website Services that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability and various other information and we reserve the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
2.5 When upload, submit, enter any information or material to the Website or use any of the Website Services, you shall be deemed to have agreed to and understand these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE WEBSITE.
3. Website Services
The Website operates as an e-commerce store which aims at showcasing and selling certain products under the brand name ‘TheNameStamp’ such as custom name stamps of different designs (which can be used for printing any name or caption on clothes using synthetic ink) and related accessories including printing tape for clothing and stickers etc. We offer value to our customers through our unique and quality products (the “Website Services”).
You can purchase our products through the Website by making payment via Credit & Debit cards, Stripe and PayPal. Our designated agent handles the shipping process and delivers the products at the address provided by you at the time of making a purchase through the Website.
4. Service Availability
4.1 We shall use commercially reasonable efforts to keep the Website up and running 24 hours a day, seven days a week; provided, however, that we may carry out scheduled and unscheduled maintenance work as necessary from time to time and such maintenance work may impact the availability of the Website.
5. Discontinuation of Use
5.1 If you engage in any prohibited conduct or otherwise violate any of these Terms, your permission to use the Website will be terminated.
5.2 You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Website including (i) where we determine, in our sole discretion, that such action is reasonable to comply with legal requirements or to protect the rights or interests of the Company or any third party; or (ii) in connection with any general discontinuation of the Website Services.
5.3 We will have no liability whatsoever on account of any change to the Website Services or any suspension or revocation of your access to or use of the Website.
6. Electronic Signature Consent
6.1 You agree that your “Electronic Signature” is the legal equivalent of your manual signature for the purpose of these Terms, thereby indicating your consent to do business electronically.
6.2 By clicking on the applicable button in the Website, you will be deemed to have executed these Terms electronically via your Electronic Signature with the Company; effective on the date you first click to accept these Terms.
7. Electronic Delivery of Communications
7.1 You agree to receive communications from the Website in electronic form. Such electronic communications may include, but will not be limited to, all current and future notices and/or disclosures that various laws or regulations require that we provide you as well as such other documents, statements, data, records and any other communications regarding your relationship with the Website.
7.2 You accept that the electronic documents, files and associated records provided via the Website are reasonable and proper notice for all laws, rules, and regulations and you acknowledge and agree that such electronic form fully satisfies any requirement that such communications be provided to you in writing or in a form that you may keep. We reserve the right to require ink signatures on hard copy documents from the related parties at any time.
8. User Responsibility
8.1 Users are solely responsible for all of the transactions conducted on, through or as a result of the use of the Website or the Website Services including, but not limited to, making a payment transaction.
8.2 You agree that the use of the Website and/or the Website Services are subject to all applicable local laws and regulations. You also agree:
8.3 You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to the Website and use of the Website Services without refund, reimbursement or any other credit on our part. Access to the Website may be terminated or suspended without prior notice or liability of the Company. You represent and warrant to us that you have all rights, title and interest to all content you may post, upload or otherwise disseminate through the Website. You hereby agree to provide the Company with all necessary information, materials and approval and render all reasonable assistance and cooperation necessary for the Website Services.
9. Intellectual Property Notice
9.1 You agree that the Website Services and all the content available on the Website, including but not limited to text, graphics, user interface, audio clips, video clips, trademarks, copyrights, service marks, trade names and other intellectual property containing proprietary information and material, which are the intellectual property of, or otherwise are licensed to the Company and/or its licensors or affiliates, are protected by applicable intellectual property and other laws.
9.2 You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Website Services and for personal, non-commercial uses in compliance with this intellectual property notice. No portion of the Website may be reproduced in any form or by any means, except as expressly permitted by this intellectual property notice. You agree not to modify, rent, loan, sell, or distribute the Website in any manner or to exploit the Website Services in any manner not expressly authorized.
9.3 You acknowledge and agree that any infringing use or exploitation of copyrighted content in the Website and the Website Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law and therefore our affiliates, licensors or content providers may seek remedy for breach of this intellectual property notice either in equity or through injunctive or other equitable relief. We grant no permission to you for the use of these trademarks and such use may constitute an infringement of intellectual property rights.
9.4 The third-party registered and unregistered trademarks or service marks on the Website are the property of their respective owners and, unless stated otherwise in this intellectual property notice, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
10. Term and Termination
10.1 The term hereof shall begin on the date that comes first among (i) first access or use of the Website; (ii) your first purchase from the Website; or (iii) the Company begins providing its Website Services to you.
10.2 The term hereof will automatically end on the earlier date of either:(i) your access termination or access revocation for the Website Services or the Website; (ii) the Company’s termination of these Terms or its Website Services at its sole and final discretion; (iii) the termination date indicated by the Company to you from time to time; or (iv) the Company’ decision to make the Website or Website Services no longer available for use at its sole and final discretion.
10.3 Upon expiration of these Terms, you shall immediately cease any use of the Website Services along with any information and data collected therefrom.
As a user of the Website, you are liable for the accuracy of the information that you provide to us including, but not limited to, your personal and professional representation.
13. No Warranty
13.1 Your use of the Website or Website Services is at your own risk and therefore you hereby acknowledge and agree that the Website and the Website Services are provided “as is”, “with all faults”, and “as available”, including all content, guides, checklists, reference guides, sample filing forms, software, materials, services, functions and/or information made available thereby. It shall be your responsibility to ensure that the Website Services or information available through the Website meet your specific requirements.
13.2 Neither the Company, nor its affiliates, subsidiaries, officers, employees and agents warrant that the Website will be error-free, uninterrupted, secure or produce any particular results; or that any listing, purchase, order, amount, information, guide, sheet, checklist and/or content will be current, measured useful and/or valid or that it will produce any particular results or that the information obtained therefrom will be reliable or accurate. No advice or information given by the Company or its employees, affiliates, contractors and/or agents shall create a guarantee. No warranty or representation is made with regard to such services or products of third parties contacted on or through the Website. In no event shall the Company or its affiliates be held liable for any such services.
13.3 Neither the Company nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The results described in the Website are not typical and will vary based on a variety of factors outside the control of the Company. Your use of any information and/or materials on this Website is entirely at your own risk for which we shall not be held liable.
14. Disclaimer of Damages
14.1 In no event shall the Company be liable to you or any third party for any direct, indirect, incidental, consequential, special, exemplary or punitive damages, including but not limited to: (i) damages for business interruption, loss of profits, loss of data, computer or software failure or inaccessibility or any other type of personal damages or losses arising out of or related to your use of or inability to use the Website, including negligence; (ii) infringement of third party intellectual property rights; and (iii) claims by any party that they are entitled to defence or indemnification in relation to assertions of rights, demands or claims by third party rights claimants.
14.2 The aforementioned limitation of damage liability shall be in force regardless of however caused or however awarded, regardless of the theory of liability applied (including contract, warranty or tort), whether active, passive or imputed, including negligence, strict liability, product liability or other legal theory, regardless of the product or service offered by action or inaction; and even if you have been advised of such possibility.
14.3 To the fullest extent allowable under applicable law, the Company hereby expressly disclaim all representations and warranties of any kind with respect to the Website, including any liability arising out of or related to any purported facts or information and description of any information, products and/or the Website Services displayed on our Website, including all warranties of any kind, whether express or implied; including, without limitation, warranties of title, merchantability, accuracy, completeness, condition, quality, durability, performance, accuracy, reliability, suitability, fitness for a particular purpose or non-infringement.
15.2 You indemnify the Website and its management for any time that the Website may be unavailable due to routine maintenance, updates or any other technical or non-technical reasons. You agree to indemnify the Website and its management for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to your published content, damages from lost profits, lost data or business interruption.
15.3 You hereby indemnify the Website and its management and will not hold them responsible for copyright theft, reverse engineering and use of your content by other users on the website.
16.1 No Assignment. You may not assign or transfer these Terms by operation of law or otherwise without our prior written consent. Notwithstanding the foregoing, we may assign any rights or obligations hereunder to any current or future affiliated company and any successor in interest. Any rights not expressly granted herein are reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of the Company’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
16.2 Force Majeure. The Company is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond the Company’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, pandemic, endemic, orders of domestic or foreign courts or tribunals or non-performance of third parties.
16.3 Headings. The titles of paragraphs in these Terms are shown only for ease of reference and will not affect any interpretation therefrom.
16.4 No Waiver. Failure by the Company to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
16.5 Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.