Website covered: Two Owls Store (https://twoowlsstore.com/)
This document is an electronic record under Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.twoowlsstore.com website.
USER AGREEMENT
The use of this website, all the web-pages, hyper – links, tools and services provided on this website provided by Two Owls Store (Company, store, we, us) are subject to the following Terms of Use, all parts and sub-parts of which are specifically incorporated herein, referred to as ” the Website” (which expression shall include any successor or nominee) and the replacement website(s) is governed by the following terms and conditions as applicable to the Website (“User Agreement”). This Terms of Use shall come into effect upon each visit or usage of the Website, or upon your registration, or upon you providing any information on the Website.
By accessing either directly or through hyperlink, the Website, and/or purchasing or availing services from Two Owls Store, you agree to be bound by the Terms of Use including those additional terms and conditions and policies referred on the Website.
Subject to the terms and conditions set forth herein, Two Owls Store may, in its own discretion, may amend this Agreement or any other agreement that comprise the Terms of Use at any time by posting the amended version of the Terms of Use on the website. Store will provide notification of such change by posting the revised version on website, or a notice on the website. Any revisions to the Terms of Service shall take effect as on the noted last updated date.
Assent And Acceptance
By registering for an account to use the Website, or by signing-up on the Website as on the effective date, you agree to abide by this User Agreement. Based on the services opted by Registered User, additional terms and conditions may apply which shall be deemed to be an agreement between the Website and the User. If you do not agree to abide by this Agreement and/or other Terms of Use, you shall not be authorised to use the Website. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the ‘sign-up’, or ‘check box’ or on the ‘continue’ button or any other button which seek to obtain access to or otherwise use the Website.
General Terms and Conditions
You agree and acknowledge to provide accurate, complete and correct information while signing-in and for all purchases made at the Website. You understand and agree to update your account, including, your email address, debit/credit card details, contact number, address and any other information related thereto which enable us to complete your transactions and contact you, if required.
You understand, agree and acknowledge that by agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use Store products for any illegal or unauthorized purpose nor may you violate any applicable laws (including but not limited to copyright laws) in your jurisdiction.
You understand, agree and acknowledge that You shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the product or service, use of the product or service, or access to the product or service or any contact on the website through which the product or service is provided, without express written permission by us.
You agree and acknowledge that the headings used in this agreement are included for convenience purpose only and will not limit or otherwise affect the terms of these agreement. You understand and agree that You shall not transmit any worms or viruses or any code of a destructive nature on the Website.
You understand, agree and acknowledge that the Website neither recommends You to buy or sell any goods or services on the Website nor endorses any such goods or services nor provides any guarantee, warranty or assurance with respect to any goods or services made available on the Website. Save as otherwise provided in the clause titled “Limitation of Liability”, your sole and exclusive remedy and Store’s sole and exclusive responsibility and liability is to provide You necessary information (subject to the Privacy Policy and applicable laws) regarding the products and services to resolve the issue.
Pursuant to the provisions of the Foreign Exchange Management Act, 1999, and applicable laws, the Store may provide certain support services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, logistics services, making available courier services and making available certain gems and jewellery certification services, and payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Store will engage independent third-party service providers to perform these services. The Store may on reasonable efforts basis procure ordinary industry standard warranties from these third parties.
You understand, agree and acknowledge that Store uses third party service providers to store and process Your personal information and other information which You provide to the Platform (as more specifically identified in the Privacy Policy) and such third parties may store and process your personal information in a country or state which may not have jurisdiction over You and/or such country or state may not have any data protection or data privacy laws or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over the Store. You agree and understand that Platform provides no guarantee, warranty or assurance that such third-party service providers will protect Your personal information and Store shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled “Limitation of Liability”. You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
You agree and acknowledge that there may be some information on our website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time, including even after you have submitted your order, without prior notice. We undertake no obligation to update, amend or clarify information on the website, including without limitation, pricing information, except as required by law.
Products or Service Detail
We put all the possible efforts to display the products in accurate “as is” manner, which includes specifications as colour, size, shape, dimensions, weights, wherever possible. You agree and acknowledge that we shall not be liable for any difference in colour or shade your electronic media displays, which might consist of different resolutions and show a bit difference in colour or shades. All descriptions of products or product pricing are subject to change at any point of time without notice, at our sole discretion. You agree and acknowledge that the products or services are liable to be replaced subject to the conditions and exceptions as specified in the Return or Cancellation Policy.
We reserve the right to set the parameters, including, to limit or to surge, the sales, stock, products availability or any other services related thereto or to provide any discount, offers, coupons or cashbacks or any service related thereto, for products displayed on Website for purchase, to any person, geographic region or jurisdiction. We reserve the right to discontinue any product displayed on the Website, at our sole discretion, at any point of time. We are not obligated that the quality of any product, services, information or other material purchased or obtained by you will meet your expectations.
We reserve the right to refuse or cancel any order placed on the Website on giving sufficient information at any point of time during the terms of this agreement. We reserve the right to limit or cancel the purchase made by per user, or per order. These rights may extend to, orders placed by or under the same user account, same debit/credit card and/or orders that use the similar shipping/delivery address. We may notify you, the change in order status or cancellation of order, by contacting you via e-mail or by contact number so provided.
You understand and agree that your content (not including payment methods or debit/credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Debit and/or Credit card information is always encrypted during transfer over networks.
Electronic Communications
When You use the Website or send emails or other data, information or communication to the Website, you agree and understand that You are communicating with the Website or all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable and You consent to receive communications via electronic records from the Website and all other Registered Users and Visitors and as and when posted, communicated or required.
You understand, agree and acknowledge that the registration data and email ID or your account details of the third-party website through which You register with the Website will be construed as Your ‘designated electronic address’ and the Website, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice / electronic record.
Accuracy, Completeness and Correctness of Information
You agree to provide correct, current, complete and accurate account and purchase information for the purchase made at our website. You agree to update any changes containing account information and any other information, including your email address, credit/debit card details or shipping/delivery address for the purchase made. We shall not be liable for any information made available by you on this website is not accurate, complete or current. The content or material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the content or material on this website is at your own risk.
This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Third Party Links or Tools
You agree and understand that any third-party links or tools on the website may direct you to the third-party websites over which we neither have any control or we monitor the same. You agree and acknowledge that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement and we do not warrant for any third-party materials or websites or for any other products, materials, products or services of third-parties. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools or links. You agree and acknowledge that any use of third-party tools or links by you shall be at your own discretion and you agree that you are well acquaint with the terms and conditions of the third-party service provider(s). We may in future, offer new products or services, features, offers and/or coupons through the website (including, the release of new tools and resources). Such new additions, features and/or services shall also be subject to these Terms of Use.
User Remark
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. You agree and acknowledge that your comments or feedback or review shall not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
Termination
This agreement shall be terminated with immediate effect on breach or violation of terms and conditions of this agreement. You agree and acknowledge that in case of termination of this agreement at any point of time, then (a) You will continue to be bound by the terms and conditions of this Agreement and other Terms of Use; (b) You will be liable to pay to Us for the products so purchased or services so availed or such other amounts due as per the Terms of Use for the products or services, which are accrued but unpaid as on the date of termination or on the date of completion of such service(s), whichever is later.
The termination of this Agreement shall not affect any rights, remedies, obligations, or liabilities of the Parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement, which existed on or before the date of termination.
Upon termination of this Agreement, We reserves the right to temporarily or permanently close or limit access to the website or website services, or revoke the registration or prohibit to use the services of the Website, if You breach the letter or spirit of the terms and conditions of this Agreement or any other provisions of Terms of Use as mentioned on this page of Website; or provided any false or misleading information and/or statement to us; or as required by law or by the legal authorities.
Except as otherwise required by law, if your account on this Website is closed for any reason whatsoever, you shall no longer have access to the account, cart or any other details related or held in the account, or any deletion of data subject to closure of account, for which we shall not have any liability whatsoever. We, may retain some or all your account information, in its sole discretion, and as permitted or required by law.
Indemnification
Each Party (the “Indemnifying Party”) shall defend, indemnify and hold the other Party (the “Indemnified Party”) and its Affiliates and their successors and assigns, and their respective directors, officers, employees, agents or subcontractors harmless from and against all third party claims, causes of actions, suits and proceedings, liabilities, damages, losses, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of or relating to such Party’s performance of Services as required herein (each, a “Claim”). The Indemnified Party shall promptly notify the Indemnifying Party of all threats, claims and proceedings relating to any Claim, permit the Indemnifying Party to control the investigation, defence, and settlement of all such Claims and provide the Indemnifying Party with reasonable cooperation, at the Indemnifying Party’s expense, in the defence and/or settlement of such Claims. The Indemnifying Party shall not settle or agree to any compromise with respect to any Claim on the Indemnified Party’s behalf without the Indemnified Party’s prior written approval, which shall not be unreasonably withheld.
Intellectual Property
All Intellectual Property Rights comprised in any and all materials (including, but is not limited to, software, source code, documentation, data, concepts and ideas) or any part thereof created or developed by us during the term of the service, shall, unless otherwise expressly agreed between the Parties, be deemed to be irrevocably assigned to and shall vest in us upon creation without any further charge. If required by Us, you shall agree and sign all the documents necessary to vest all such Intellectual Property Rights assigned or otherwise transferred or granted to us under this Agreement.
Force Majeure
If either Party is totally or partially prevented or delayed in the performance of any of its obligations under this Agreement by an Event of Force Majeure and if such Party gives written notice thereof to the other Party specifying the matters constituting the Event of Force Majeure (as mentioned in Clause 9), then the Party so prevented or delayed shall be excused for the performance of the affected obligation as from the date of such notice for so long as such cause or delay shall continue.
For the purpose of this agreement the term “Event of Force Majeure” shall, include but is not limited to, an event or condition either classified as (i) wars or war like situation (whether actual or threatened and whether conventional or other, including but not limited to, chemical or biological wars or war-like actions), acts of terrorism or threats of terrorism, civil riots, sabotage, hostilities, public disorder, explosions, epidemics, pandemics, lockdowns, work stoppages by order (civil or military) of a government body with appropriate jurisdiction, weather or natural disasters, including but is not limited to, fires, floods, droughts, hurricanes, tornadoes, storms, or earthquakes, acts of God, Court orders, or governmental restrictions and actions, acts and decisions; (ii) makes it impossible for the Professional to perform its obligations under this Agreement; and (iii) frustrates the underlying purpose of this Agreement.
Limitation of Liability
In no event shall Two Owls Store, its employees, affiliates or their related entities, be liable, whether in contract, warranty, tort (including negligence) or any other form of liability, for any indirect, special, incidental or consequential damages that may be incurred by us, or any loss of income, business or profits (whether direct or indirect) that may be incurred by you, or any claim, damages, or loss which may be incurred by you as a result of any of your transactions on our website, even if you have been advised of the likelihood of such damages.
Dispute Resolution
The Parties shall attempt to resolve any dispute, claim or controversy arising under, out of or in connection with this Agreement (a “Dispute”) amicably. In no event shall any Party commence any judicial or arbitral proceeding against another Party without providing to the other Party to the Dispute, a prior written notice of the Dispute, with sufficient detail, including reference to the contractual provisions at issue, to allow the other Party to evaluate the dispute and negotiate its resolution.
If the Parties are not able to resolve the dispute through mutual discussions, either via telephone, online platform or otherwise as agreed between the parties, within seven (07) days, the Parties shall jointly appoint a sole arbitrator to resolve the dispute and the Parties shall equally share the costs of the arbitrator’s fees. The award of the arbitrator shall be final and binding on the Parties and non-appealable to the extent permitted by the Applicable Law.
Any dispute arising between You and Us, you agree to abide by the dispute process as mutually agreed between You and Us in this agreement or otherwise as agreed. The provisions of this Clause shall survive the termination of this Agreement.
Miscellaneous
Entire Agreement: This Agreement contains all the terms and conditions agreed on by the Parties with respect to the subject matter herein and supersedes any previous agreements or arrangements, whether written or oral, between the Parties. Any ambiguities in the interpretation of these Terms of Use shall not be construed against us.
Modification: User can review the latest version of Terms of Use anytime at this website page. We reserve the right to change, modify, alter or replace any of the Terms of Use at any point of time, at our sole discretion, by posting modifications, changes or updates to our website. User agree and accept the changes and updates on this website as soon as you access your account on this website or your continued usage of this website. User shall be responsible to check the latest updates or amendments in Terms of Use of this website.
No Waiver: No failure or delay on the part of either Party relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any preceding or succeeding breach by the other Party nor shall any single or partial exercise of any right, power, privilege or remedy preclude any other or further exercise of such or any other right, power, privilege or remedy provided in this Agreement all of which are several and cumulative and are not exclusive of each other or of any other rights or remedies otherwise available to either Party, at law or in equity.
Severability: If any part, term, or provision of this Agreement shall be found to be invalid, illegal, unenforceable, or in conflict with any valid controlling law, by a judicial or quasi-judicial body having competent jurisdiction, such term or provision shall be separated from this Agreement and such invalidity, illegality or unenforceability shall not affect any other term or provision hereof and this Agreement shall be interpreted and construed as if such term or provision, to the extent the same shall have been held invalid, illegal, or unenforceable, had never been contained herein. However, if the severance of a provision affects a Party’s rights, the severance does not deprive that Party of its available remedies, including the right to terminate this Agreement.
Headings: Heading to this agreement are for convenience only and shall not be construed to limit or otherwise effect the terms of this Agreement.
Survival: The provisions of this Agreement that by their nature are meant to survive the termination or expiry of this Agreement, including each Party’s confidentiality and indemnification obligations hereunder, shall survive the termination or expiration of this Agreement.
Parties to Act with Due Diligence: The Parties hereto shall dutifully perform all covenants of this Agreement in letter and spirit and shall otherwise act with due diligence and in good faith.
Disclosure by Parties: The Parties hereto state and affirm that they have, prior to and at the time of entering into this Agreement, made full disclosure of all material circumstances and information known to it respecting the subject matter of the Agreement and transaction which would be likely to influence the conduct or decision of the other Party.
Governing Law and Jurisdiction: This Agreement shall, in all respects, be governed by and construed in all respects, including in relation to any disputes arising under, out or connection with, this Agreement, in accordance with the laws of India without giving effect to conflict of laws principles and shall be subject to the exclusive jurisdiction of the courts of New Delhi, India.
By impliedly or expressly accepting this User Agreement, you also accept and agree to be bound by various policies of the Website as provided from time to time in various hyperlinks on the Website.
Contact Information: Any queries regarding the Terms of Use shall be sent to us at support@twoowlsstore.com.
