LAST REVISION: 1st April,
2016
PLEASE READ THESE TERMS OF
SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM
THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Terms of Service
Agreement (the "Agreement") governs your use of this website,
www.expressionsofindia.com (the "Website"), Expressions of India ("Business Name") offer of products for purchase on this Website or
your purchase of products available on this Website. This Agreement includes,
and incorporates by this reference, the policies and guidelines referenced
below. Software Workshop reserves the right to change or revise the terms and
conditions of this Agreement at any time by posting any changes or a revised
Agreement on this Website. Software Workshop will alert you that changes or
revisions have been made by indicating on the top of this Agreement the date it
was last revised. The changed or revised Agreement will be effective
immediately after it is posted on this Website. Your use of the Website
following the posting any such changes or of a revised Agreement will
constitute your acceptance of any such changes or revisions. Software Workshop
encourages you to review this Agreement whenever you visit the Website to make
sure that you understand the terms and conditions governing use of the Website.
This Agreement does not alter in any way the terms or conditions of any other
written agreement you may have with Software Workshop for other products or
services. If you do not agree to this Agreement (including any referenced
policies or guidelines), please terminate your use of the Website immediately .
If you would like to print this Agreement, please click the print button on
your browser toolbar.
I. PRODUCTS
Terms of Offer - This Website
offers for sale certain products or services (the "Products"). By
placing an order for Products through this Website, you agree to the terms set
forth in this Agreement.
Customer Solicitation - Unless you notify our third
party call center reps or direct Software Workshop sales reps, while they are
calling you, of your desire to opt out from further direct company
communications and solicitations, you are agreeing to continue to receive
further emails and call solicitations Software Workshop and its designated in
house or third party call team(s).
Opt Out Procedure - We provide 3 easy ways to opt out of from future solicitations -
1. You may use the opt out link found in any email solicitation that you may receive
2.
You
may also choose to opt out, via sending your email address to:
info@swworkshop.com
3. You may send a written remove request to
Evoma, Old Madras Road,
#14 Bhattrahalli,
Proprietary Rights. Software
Workshop has proprietary rights and trade secrets in the Products. You may not
copy, reproduce, resell or redistribute any Product manufactured and/or
distributed by Software Workshop. Software Workshop also has rights to all
trademarks and trade dress and specific layouts of this webpage, including
calls to action, text placement, images and other information.
II. WEBSITE
Content, Intellectual
Property and Third Party Links - In addition to making Products available, this
Website also offers information and marketing materials. This Website also
offers information, both directly and through indirect links to third-party
websites.Software Workshop does not always create the information offered on
this Website; instead the information is often gathered from other sources. To
the extent that Software Workshop does create the content on this Website, such
content is protected by intellectual property laws of the India, foreign
nations, and international bodies. Unauthorized use of the material may violate
copyright, trademark, and/or other laws. You acknowledge that your use of the
content on this Website is for personal, noncommercial use. Any links to
third-party websites are provided solely as a convenience to you. Software
Workshop does not endorse the contents on any such third-party websites. Software
Workshop is not responsible for the content of or any damage that may result
from your access to or reliance on these third-party websites. If you link to
third-party websites, you do so at your own risk.
Use of Website - Software
Workshop is not responsible for any damages resulting from use of this website
by anyone. You will not use the Website for illegal purposes. You will (1)
abide by all applicable local, state, national, and international laws and
regulations in your use of the Website (including laws regarding intellectual
property), (2) not interfere with or disrupt the use and enjoyment of the
Website by other users, (3) not resell material on the Website, (4) not engage,
directly or indirectly, in transmission of "spam", chain letters,
junk mail or any other type of unsolicited communication, and (5) not defame,
harass, abuse, or disrupt other users of the Website
License - By using this
Website, you are granted a limited, non-exclusive, non-transferable right to
use the content and materials on the Website in connection with your normal,
noncommercial, use of the Website. You may not copy, reproduce, transmit,
distribute, or create derivative works of such content or information without express
written authorization from Software Workshop or the applicable third party (if
third party content is at issue).
Posting - By posting, storing,
or transmitting any content on the Website, you hereby grant Software Workshop
a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and
license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and assign such content in any form, in
all media now known or hereinafter created, anywhere in the world. Software
Workshop does not have the ability to control the nature of the user-generated
content offered through the Website. You are solely responsible for your
interactions with other users of the Website and any content you post. Software
Workshop is not liable for any damage or harm resulting from any posts by or
interactions between users. Software Workshop reserves the right, but has no
obligation, to monitor interactions between and among users of the Website and
to remove any content Software Workshop deems objectionable, in Software
Workshop sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE
AND/OR PRODUCTS AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS
OR SERVICES ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. Software Workshop
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR
SERVICES OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT
OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, Software
Workshop MAKES NO WARRANTY:
- THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY
- THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN
- AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE PRODUCTS OR SERVICES THAT DEFECTS IN PRODUCTS WILL
BE CORRECTED REGARDING ANY PRODUCTS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE.
- SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
Software
Workshop ENTIRE
LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH
RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND SERVICES AND/OR FOR ANY BREACH
OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND
HANDLING, FOR PRODUCTS OR SERVICES PURCHASED VIA THE WEBSITE.
Software
Workshop WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS OR SERVICES IN ANY
MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO
USE THE WEBSITE CONTENT OR PRODUCTS OR SERVICES; (2) THE COST OF PROCURING
SUBSTITUTE PRODUCTS OR SERVICES OR CONTENT; (3) ANY PRODUCTS OR SERVICES
PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4)
ANY LOST PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Software Workshop, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of -
(1) this Agreement or the breach of your warranties, representations and obligations under this Agreement;
(2) the Website content or your use of the Website content;
(3) the Products or Services, or your use of the Products or Services (including Trial Products or Services);
(4) any intellectual property or other proprietary right of any person or entity;
(5) your violation of any provision of this Agreement; or
(6) any information or data you supplied to Software
Workshop. When Software Workshop is threatened with suit or sued by a third
party, Software Workshop may seek written assurances from you concerning your
promise to indemnify Software Workshop; your failure to provide such assurances
may be considered by Software Workshop to be a material breach of this
Agreement. Software Workshop will have the right to participate in any defense
by you of a third-party claim related to your use of any of the Website content
or Products, with counsel of Software Workshop choice at its expense. Software
Workshop will reasonably cooperate in any defense by you of a third-party claim
at your request and expense. You will have sole responsibility to defend Software
Workshop against any claim, but you must receive Software Workshop prior
written consent regarding any related settlement. The terms of this provision
will survive any termination or cancellation of this Agreement or your use of
the Website or Products or Services.
VI. PRIVACY
Software Workshop believes
strongly in protecting user privacy and providing you with notice of Software
Workshop use of data. Please refer to Software Workshop privacy policy,
incorporated by reference herein, that is posted on the Website.
VII. AGREEMENT TO BE BOUND
By using this Website or
ordering Products or Services, you acknowledge that you have read and agree to
be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure - Software
Workshop will not be deemed in default hereunder or held responsible for any
cessation, interruption or delay in the performance of its obligations
hereunder due to earthquake, flood, fire, storm, natural disaster, act of God,
war, terrorism, armed conflict, labor strike, lockout, or boycott
Cessation of Operation - Software
Workshop 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 Software Workshop and
supersedes any prior agreements pertaining to the subject matter contained
herein
Effect of Waiver - The failure
of Software Workshop 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, Jurisdiction - This Agreement will be governed by the laws of the State of Karnataka without
regard to its conflict of law principles to the contrary. Neither you nor Software
Workshop 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 Karnataka. 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.
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
Services or this Agreement must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
Termination - Software Workshop preserves 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 Software Workshop may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products or Services. If your access to the Website is terminated, Software Workshop 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 Software Workshop chooses, in its sole discretion and without advance to you, to terminate it.
Products - Our products are hand made/ created, hence , there are bound to be imperfections. If you want to reorder a piece, you may get 90 - 95% of the same product since the artists may give something unique to each masterpiece. No 2 pieces will be the same.
Domestic Use - Software
Workshop 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.Software
Workshop may assign its rights and obligations under this Agreement in its sole
discretion and without advance notice to you.
BY USING THIS WEBSITE OR
ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT.