WELCOME TO THE WEBSITE OF TRENDY DIVVA. PLEASE READ THESE TERMS
AND CONDITIONS CAREFULLY before accessing, browsing and/or using
any portion of this website, including, without limitation, the
Trendy Divva WAP portal (the "Portal") (collectively referred to as
the "Site"). These Terms and Conditions apply to all visits to and
use of the Site, as well as to the Content (as defined hereafter),
recommendations and services provided to you on or through the Site.
By accessing and using the Site, you signify your consent to abide
by these Terms and Conditions in their entirety (including the terms
provided in the
Privacy Policy ) in addition to all other laws or
regulations that apply to the Site, the Internet, and the World Wide
Web. If you do not agree to these Terms and Conditions in their
entirety, please do not use the Site.
This Site is owned and operated by Jay Preet Kaur Sawhney & Co.
("Trendy Divva") in conjunction with third parties. In order to use
certain portions of the Site, you may be required to register at
websites of third parties or download third-party software, tools,
code, or other content. Your access to and use of any third-party
software, functionality and content shall be subject to the terms
and conditions provided by that third party and you agree to comply
with those terms and conditions.
Changes to the Terms
Trendy Divva reserves the right, at its discretion, to change,
modify, add, or remove portions of these Terms and Conditions at any
time. Please check these Terms and Conditions periodically for
changes. Your continued use of the Site following the posting of
changes to these terms will mean you accept those changes.
Privacy
Trendy Divva respects the privacy of visitors to our Site. To
review information about the Privacy
Policy applicable to the Site, please visit our Privacy
Policy. The Privacy
Policy explains how Trendy Divva collects and handles
personally identifiable information provided by you on or through
the Site.
Eligibility
Use and registration for the Site is void where prohibited. Access
to and use of the Site may be prohibited in certain countries. The
Site is available only to people who can form legally binding
agreements under applicable law. The Site is considered to be a
general audience site and is not intended for use by children.
Children accessing the Site should get the permission and assistance
of a parent or guardian to use the Site. By using the Site, you
represent and warrant that (a) all information you submit is
truthful and accurate; (b) you will update and maintain the accuracy
of that information; and (c) your use of the Site does not violate
any applicable law or regulation in the jurisdiction in which you
are accessing the Site.
If your device does not support relevant technology, including,
but not limited to, certain encryption technology, you may not be
able to use certain services or access certain information provided
on or accessible through the Site, including the Portal.
Establishing an Account/Profile
In order to purchase products or services from the Site or to
access or use certain features on the Site, you may be required to
establish and use a profile or account. When you register for an
account or establish a profile, you may be asked to create a user ID
and choose a password. You are responsible for keeping your user ID
and password secret and confidential and restricting access to that
information. You agree that you are solely responsible for all
activities that occur using your user ID and password.
Ownership and Permitted Use of Site
All of the content contained in, available through, featured or
displayed on the Site (including the Portal), including, but not
limited to, information, communications, text, graphics,
photographs, images, sounds, moving images, video, illustrations,
code and other materials ("Content") is owned by Trendy Divva, or
its parent or affiliate entities, its licensors or its content
providers. The Content is protected by copyright, trademark, and
other laws and international treaty provisions and may not be used
except as permitted in these Terms and Conditions or with the prior
express written consent of Trendy Divva. Any unauthorised use by you
of any Content may subject you to civil or criminal penalties.
Except as otherwise expressly stated in specific terms or
documents within the Site, you are authorised to view, display,
print and download Content and individual pages from the Site for
personal, informational, and non-commercial use only (provided that
you retain all copyright and other proprietary notices contained on
those pages). You may not modify any of the Content posted on the
Site and you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer
or sell any Content. For purposes of these Terms and Conditions, the
use of any Content on any other website or networked computer
environment is prohibited. Except for this limited license, Trendy
Divva does not convey to you any right or interest in the Site,
Content or information available through the Site or software
application by permitting you to access the Site. You may not remove
any copyright, trademark, or other proprietary notices from Content
found on the Site.
In the event you download software (including, but not limited to,
screensavers, icons, videos or wallpaper) from the Site, the
software, including, any files, images incorporated in or generated
by the software, and data accompanying the software are licensed to
you by Trendy Divva or its third-party licensor. Trendy Divva does
not transfer any title to the software to you. You may own the
medium on which the software is recorded, but Trendy Divva or its
third-party licensors retain full and complete title to the software
and all intellectual property rights therein. You may not
redistribute, sell, decompile, reverse engineer, disassemble, or
otherwise reduce the software to human-readable form.
Trademarks
All trademarks, service marks, trade names, logos, trade dress,
icons and domain names (collectively "Marks") located on this Site
are the property of Trendy Divva, its parent or affiliate entities,
their respective licensors or other third parties. You may not use,
copy, reproduce, republish, transmit, distribute, or modify the
Marks of Trendy Divva or its parent or affiliate entities in any
way, without Trendy Divva's prior express written consent. The use
of any of the Marks on any other website or network computer
environment, for example the storage or reproduction of the Site (or
any part of) in any external internet site is prohibited, without
the express written consent of Trendy Divva. Certain other
trademarks, service marks, and logos provided on the Site are the
trademarks or service marks of a third party and may not be used,
copied or reproduced without the permission of the owner.
Submissions
Trendy Divva maintains a policy of not reviewing or accepting
unsolicited submissions of ideas, inventions, designs and other
materials. Other than personally identifiable information, which is
subject to the
Privacy Policy, any material, information, suggestions,
ideas, concepts, know-how, techniques, questions, comments and other
communications or content you transmit or post to the Site in any
form or manner (i) are and will be considered non-confidential,
non-personal, and non-proprietary to you or anyone else and (ii) may
be disseminated or used by Trendy Divva or its affiliates for any
commercial or non-commercial purposes in any media, now known or
hereafter created, as Trendy Divva may determine, in its sole
discretion, including, but not limited to, in the development,
manufacture or marketing of products for commercial use, without (a)
compensation to you or anyone else or (b) acknowledgement of you or
anyone else as the source of the submission. Therefore, do not
transmit or post to the Site any material, information, suggestions,
ideas, concepts, know-how, techniques, questions, comments and other
communications or content you would like to keep confidential or for
which you would like or expect acknowledgement or compensation.
User Generated Content
Content, information, photographs, suggestions, questions,
comments, communications, opinions and other materials published or
posted by users accessing the Site (including, but not limited to,
on community pages, message boards, chat rooms or other forums)
(collectively "User Generated Content") are solely the opinion and
responsibility of the person posting that User Generated Content.
Trendy Divva does not endorse and has no control over the User
Generated Content posted by users on the Site. Trendy Divva does not
review User Generated Content prior to posting it on the Site and
that content does not necessarily reflect the opinions or policies
of Trendy Divva. Trendy Divva shall have the right, but no
obligation, to review and monitor User Generated Content to
determine compliance with these Terms and Conditions or any other
operating rules established by Trendy Divva for this Site or to
determine compliance with any laws or regulations. Trendy Divva only
acts as a passive conduit for the distribution of User Generated
Content and is not responsible or liable for any of the User
Generated Content, communications and other materials generated by
you or any other users.
Trendy Divva reserves the right, but has no obligation, to reject,
refuse to post, edit, alter or remove any posting of User Generated
Content (including messages and comments posted to the Site). You
agree to notify Trendy Divva in writing of any objectionable content
appearing on the Site. Trendy Divva will make good faith efforts to
investigate allegations that User Generated Content violates these
Terms and Conditions. Trendy Divva reserves the right, but has no
obligation, to suspend or terminate user accounts or user IDs and to
take technical and legal steps to prohibit access to the Site if we
think that those users are creating problems, possible legal
liabilities, or acting inconsistently with the letter or spirit of
these Terms and Conditions or our policies. Trendy Divva reserves
the right to cancel unconfirmed user accounts. Trendy Divva's
decisions to reject, refuse to post, edit or remove User Generated
Content or to terminate user accounts or user IDs are final. Any use
by you of any User Generated Content is at your own risk. YOU
ACKNOWLEDGE AND AGREE THAT TRENDY DIVVA IS NOT RESPONSIBLE FOR ANY
CONTENT, INCLUDING, USER GENERATED CONTENT, THAT PURPORTS TO GIVE
ADVICE, INCLUDING MEDICAL ADVICE, REGARDING DIET, TRAINING, FITNESS
OR EXERCISE OR THE USE OF ANY PRODUCTS OR SERVICES.
By displaying, publishing or posting User Generated Content,
directly or indirectly, on or through the Site, you hereby grant to
Trendy Divva, its parent and affiliate entities and those acting at
their direction, a perpetual, irrevocable, royalty-free, worldwide
license and right to use, modify, reproduce, publicly perform,
publicly display, distribute and create derivative works from that
material for any commercial and non-commercial purposes in any
media, now known or hereafter created, as Trendy Divva may
determine, in its sole discretion, without the need for any
acknowledgment or compensation.
By submitting User Generated Content, you consent to the posting
by Trendy Divva of that User Generated Content on the Site and
further agree to abide by all rules of etiquette established for the
Site (incorporated herein by this reference). You acknowledge that
as part of the Site, User Generated Content may be viewed by others,
and, therefore, you have no expectation of privacy or
confidentiality with respect to that content. You further
acknowledge that your name and content made available via the Site
may be accessed, viewed, printed and downloaded by others. You agree
that Trendy Divva is not required to submit to you any materials
that include User Generated Content submitted by you for review or
approval prior to use by Trendy Divva on the Site or otherwise, and
you hereby waive any right to inspect or approve those materials.
Trendy Divva reserves the right to modify any content, in whole or
in part, for any reason, and you waive any and all "moral rights" in
and to any User Generated Content submitted by you.
By submitting User Generated Content, you represent and warrant
that the content is your own original work and has not been
published or distributed by any other person or entity, in any form
and does not infringe or violate the copyright, trademark, trade
secret or other personal or privacy rights of any person or entity.
If the content includes images and photographs of persons in
addition to yourself, you represent and warrant that you have
obtained the permission from each person in that image or photograph
to submit the content for use by Trendy Divva on the Site as set
forth in these terms and conditions. You understand that you and any
other persons that are included in any of your content may be
requested by Trendy Divva to sign documents acknowledging agreement
to these Terms and Conditions.
Prohibited Activity
You are prohibited from using the Site to post or transmit any
material which is or may be infringing, threatening, false,
misleading, inflammatory, libellous, defamatory, invasive of
privacy, obscene, vulgar, profane, pornographic, harassing, abusive,
discriminating, illegal or any material that could constitute or
encourage conduct that would be considered a criminal offence,
violate the rights of any party or that may otherwise give rise to
civil liability or violate any law. You are further prohibited from
using the Site to impersonate another person, user or Trendy Divva
staff, employee, or representative, imply that any statements you
make are endorsed by Trendy Divva, or post or transmit any material
that could damage or disparage Trendy Divva or any of its affiliate
entities in any manner. You are also prohibited from using the Site
to advertise or perform any commercial solicitation.
You may not, while accessing or using the Site. request, or
otherwise attempt to harvest, obtain or store, personal information,
passwords, account information or any other type of information
relating to other users; access or use another person's account;
disguise the origin of any communications; alter, modify, frame, or
"mirror" any Content; create a deep-link to our Site by by-passing
our Site's home page;
use any data mining, robots, or similar data-gathering and
extraction tools in connection with the Site; inhibit, disrupt, or
otherwise prevent anyone from using or accessing the Site or
interrupt any user's experience on the Site, including, but not
limited to, acting in any manner that disrupts users' real-time
exchanges; interfere with or disrupt the Site, or servers or network
connections to the Site, disobey any requirements, procedures,
policies or regulations of networks connected to the Site; modify,
adapt, sublicense, translate, sell, reverse engineer, decompile or
disassemble any portion of the Site; or attempt to gain unauthorised
access to the Site (or any portion thereof).
Availability of Products, Services, Features and Content
All features, Content, and products and services available on or
through the Site, including, but not limited to, prices of products
and services, are subject to change at any time without notice. In
addition, any feature, Content, product or service may be
discontinued at any time in our sole discretion. The inclusion of
any features, Content, products or services on this Site at a
particular time does not imply or warrant that these products or
services will continue to be available. TRENDY DIVVA RESERVES THE
RIGHT TO SUSPEND OR WITHDRAW THE SITE, OR ANY PART OF IT, AT ANY
TIME, WITHOUT NOTICE, WITHOUT INCURRING ANY LIABILITY.
Accuracy of Information
Trendy Divva takes reasonable efforts to ensure that Content on
this Site provided by Trendy Divva is complete, accurate and
current. Despite Trendy Divva's efforts, however, the information on
this Site may occasionally be inaccurate, incomplete or out of date.
Weights, measures, product descriptions, recommendations, commentary
regarding products and similar descriptions are provided for
convenience purposes only and may be approximations. Trendy Divva
makes reasonable efforts to accurately display the attributes of our
products and services available for purchase, including the
applicable colours; however, the actual colour you see will depend
on your computer system and we cannot guarantee that your computer
will accurately display such colours. Products included on the Site
may be unavailable, may have different attributes than those listed,
or may actually carry a different price than that stated on the
Site. In addition, we may make changes in information about price
and availability without notice. While it is the practice of Trendy
Divva to confirm orders by e-mail, the receipt of an e-mail order
confirmation does not constitute acceptance of an order or
confirmation of an offer to sell a product or service. Trendy Divva
reserves the right, without prior notice, to limit the order
quantity on any product or service and/or to refuse service to any
customer. Trendy Divva also may require verification of information
prior to the acceptance and/or shipment of any order.
Purchases
When we make it possible to order products via the Site, please
also read the terms and conditions that will apply to those
purchases. You can find these terms and conditions on the page where
you place your order. Additional policies regarding orders are found
in the Frequently Asked Questions on the Customer Service page. It
is your responsibility to ascertain and obey all applicable local,
state, federal and international laws (including minimum age
requirements) in regard to the possession, use and sale of any
service or product purchased from this Site.
Applicability of Additional Terms and Conditions
Additional or different terms and conditions ("Other Terms") may
apply in connection with certain features (e.g. community pages,
testimonials, sweepstakes or contest entries). If applicable, these
Other Terms will be set forth (i) where you are permitted to submit
Content, access or use features, or purchase products and services,
or (ii) in a link adjacent to where you are permitted to submit
Content, access features, or purchase products and services. These
Other Terms are incorporated into and made a part of these Terms and
Conditions by reference. In the event Other Terms conflict with
these Terms and Conditions, the Other Terms shall control with
respect to the subject matter to which such Other Terms apply.
Disclaimer of Warranties
THE SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED "AS
IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT, AND TRENDY DIVVA, ITS SUBSIDIARIES AND
AFFILIATES, LICENSORS AND SUPPLIERS, DISCLAIM ALL SUCH WARRANTIES,
TO THE FULLEST EXTENT PERMITTED BY LAW. THE INFORMATION ON THE SITE
IS FOR GENERAL INFORMATION PURPOSES ONLY AND DOES NOT CONSTITUTE
ADVICE.
TRENDY DIVVA DOES NOT REPRESENT OR WARRANT THAT THE CONTENT,
INFORMATION AND/OR FEATURES CONTAINED ON THE SITE ARE ACCURATE,
COMPLETE OR CURRENT; THAT THE SITE WILL BE UNINTERRUPTED OR ERROR
FREE; THAT ANY DEFECTS ON THE SITE WILL BE CORRECTED OR THAT THE
SITE OR SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR
ANY OTHER HARMFUL COMPONENTS. TRENDY DIVVA DOES NOT MAKE ANY
WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON
THE SITE IN TERMS OF CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS,
TIMELINESS, RELIABILITY OR OTHERWISE, AND IN EACH CASE, THOSE
WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE
SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY, AS PROVIDED ON THE
SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TRENDY
DIVVA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE
PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS SITE.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER TRENDY DIVVA,
ITS SUBSIDIARIES OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS,
DIRECTORS OR AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING OR DELIVERING THE SITE WILL BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES ARISING
FROM OR IN ANY WAY CONNECTED WITH THE USE OF, OR THE INABILITY TO
USE, THE SITE, THE CONTENT OR FEATURES ON THE SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES CAUSED BY VIRUSES OR ANY INCORRECTNESS
OR INCOMPLETENESS OF THE CONTENT ON THE SITE OR THE PERFORMANCE OF
THE PRODUCTS (WHETHER BASED ON CONTRACT, TORT OR STRICT LIABILITY)
EVEN IF TRENDY DIVVA HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH
DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE
EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND
LIMITATIONS MAY NOT APPLY TO YOU. YOUR SOLE REMEDY AGAINST TRENDY
DIVVA FOR ANY DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO
STOP USING THE SITE.
Trendy Divva will not be liable if your use of Content from any
portion of the Site (including the Portal) results in the need for
servicing, repair, or correction of equipment or data, and you
assume any costs related to the foregoing.
Indemnification
You agree to indemnify, defend and hold harmless Trendy Divva, its
parent and affiliate entities, and their respective employees,
directors, officers and agents from and against any and all claims,
damages and costs, including reasonable lawyers' fees and related
expenses, arising from or related to any use by you of the Site or
Content, your provision or use of any User Generated Content, any
breach by you of these Terms and Conditions or any claim that you
have violated a user's privacy rights by posting, collecting or
using Content about other users of the Site.
Links to Third Parties
For your convenience and to improve the usage of the Site, links
to websites that are owned and controlled by third parties may be
provided from time to time. These links take you outside Trendy
Divva's service and off the Site and are beyond Trendy Divva's
control. This includes links to partners that may use Trendy Divva
logos as part of a co-branding agreement. The sites to which you can
link have their own separate privacy policies and although Trendy
Divva seeks to protect the integrity of its Site, Trendy Divva is
not responsible and cannot be held liable for the content and
activities of these sites. You, therefore, visit/access these sites
entirely at your own risk. Please note that these other sites may
send their own cookies to users, collect data or solicit personal
information, and you are therefore advised to check the terms of use
and/or privacy policies on those websites prior to using them. You
should check all attachments and filed before downloading them. Your
dealings with and interests in, promotions, services, and retailers
found via the Site (including the Portal) are solely between you and
the persons you are dealing with unless expressly stated otherwise
by Trendy Divva.
How you can contact us
If you have any questions, comments or complaints about the site
or any of our services, please write to us at:
Jay Preet Kaur Sawhney & Co. (Trendy Divva)
Attn: Digital Marketing
Plot No. 376, Phase - II
Udyog Vihar
Gurgaon (Haryana) - India - 122016
Software and other materials from the Site may be subject to
applicable export control laws that prohibit the export of certain
technical data and software to certain territories. No software from
the Site may be downloaded or exported (a) into any other country to
which the India has embargoed goods; or (b) anyone on the India
Treasury Department's list of Specially Designated Nationals or the
INDIAN Commerce Department's Table of Deny Orders. Trendy Divva does
not authorize the use, downloading or exportation of any software or
technical data from the Site to any jurisdiction prohibited by
applicable export laws and regulations.
"We as a merchant shall be under no liability whatsoever in
respect of any loss or damage arising directly or indirectly out of
the decline of authorization for any Transaction, on Account of the
Cardholder having exceeded the preset limit mutually agreed by us
with our acquiring bank from time to time."
