TERMS OF SERVICE AGREEMENT
LAST REVISION: (10.04.2019, Fox Mandal)
PLEASE READ THIS 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.skyyliving.com (the “Website”), Skyyraa Design Projects LLP (“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. Skyyraa Design Projects LLP 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. Skyyraa Design Projects LLP 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. Skyyraa Design Projects LLP encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the 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 Skyyraa Design Projects LLP for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
By accessing the Website, you warrant and represent to Skyyraa Design Projects LLP that you are legally entitled to do so and to make use of the information made available via the Website. Products and services are not available to minors. If You are below 18 years of age, You may use the Website only with the involvement of a parent or guardian. It shall be Your responsibility to ensure that You are of legal age to form a binding contract and are not barred under the laws as applicable in India.
(I.) PRODUCTS
Terms of Offer. This Website offers for sale certain products (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 centre reps or direct Skyyraa Design Projects LLP’s 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 Skyyraa Design Projects LLP 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 customercare@skyyliving.com 3. You may send a written remove request to Skyyraa Design Projects LLP, 382/204, Basement, Saidulajab, New Delhi – 110030.
Proprietary Rights. Skyyraa Design Projects LLP has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Skyyraa Design Projects LLP. Skyyraa Design Projects LLP 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.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales tax.
(II.) WEBSITE
Content; Intellectual Property; 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, about home furnishings and décor, does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that Skyyraa Design Projects LLP does create the content on this Website, such content is protected by intellectual property laws of 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, non-commercial use. The contents on this website including text, photographs, designs, artworks, etc. are owned by Skyyraa Design Projects LLP. No part of this shall be reproduced, distributed, or transmitted in any form or by any means, electronic, mechanical, photocopying, or otherwise or stored in any retrieval system of any nature without the written permission of Skyyraa Design Projects LLP. Any links to third-party websites are provided solely as a convenience to you. Skyyraa Design Projects LLP does not endorse the contents on any such third-party websites. Skyyraa Design Projects LLP 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. Moreover, Skyyraa Design Projects LLP would not be responsible for any error in the operation or transmission, theft, destruction, unauthorized access to, or alteration of, entries, or for technical, network, telephone, computer, hardware or software, malfunctions of any kind, or inaccurate transmission of, or failure to receive any entry information on account of technical problems or traffic congestion on the website.
Use of Website; Skyyraa Design Projects LLP is not responsible for any damages resulting from the 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.(6) will not act in violation of these Terms & Conditions and/or any other policy of Skyraa Design Projects LLP. All products, services, and information displayed on the website constitute an “invitation to offer”. Your order constitutes your “offer” which shall be subject to the Terms as listed here. Skyyraa Design Projects LLP reserves the right to accept or reject your offer. If you have supplied us with your e-mail address, we will notify you by e-mail as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Skyyraa Design Projects LLP prior to the actual dispatch of the product(s) ordered will constitute Skyyraa Design Projects LLP’s acceptance of your offer. Moreover, if your entry to the website is incomplete or if you use robotic, automatic, programmed or similar entry methods, your entry will be void and Skyyraa Design Projects LLP may take necessary action for such behaviour as it deems fit.
Fraudulent Behavior: In the event Skyyraa Design Projects LLP deems that you have engaged or attempted to engage in fraudulent, unlawful, dishonest or improper activity while using the website, including without limitation, engaging in any fraudulent activities, or anything that may be considered as illegal by Skyyraa Design Projects LLP, it shall be entitled to take such action as it sees fit, including, but not limited to:
(a) Immediately blocking your access to the Website;
(b) Terminating your account with Skyyraa Design Projects LLP if any;
(c) Disclosing such information to relevant authorities and/or any person or entity that has the legal right to such information;
(d) Taking legal action against you;
(e) Any other action which Skyyraa Design Projects LLP may deem suitable.
Moreover, any attempt to circumvent the restrictions by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction is a breach of these terms and conditions. An attempt at circumvention includes, but is not limited to, manipulating the information used by Skyyraa Design Projects LLP to identify your location and providing us with false or misleading information regarding your location or place of residence or any other information.
You also agree that Skyyraa Design Projects LLP may take steps to detect and prevent the use of prohibited Programs if any in the website. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third-party software that bypasses, interferes with, or blocks such steps.
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, non-commercial, use of the Website. You may not copy, reproduce, transmit, distribute, sell, assign, sublicense, transfer, reverse engineer, disassemble, modify, translate or create derivative works of such content or information without express written authorization from Skyyraa Design Projects LLP or the applicable third party (if third-party content is at issue). Skyyraa Design Projects LLP and our affiliates if any are the sole holders of all rights in the Website. Moreover, we reserve any and all rights implied or otherwise, which are not expressly granted to you hereunder and retain all rights, title and interest in the Software.
You, as Licensee, through your downloading, installing or use of this product do not acquire any ownership rights to the Website which is protected by Intellectual Property laws and any other applicable law being in force. The rights to use the website as set out in these terms and conditions are licensed, not sold, to you by us.
Third-party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Website. These terms and conditions do not authorize you to useSkyyraa Design Projects LLP names or any of their respective trademarks in any manner.
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant Skyyraa Design Projects LLP 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. Skyyraa Design Projects LLP 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. Skyyraa Design Projects LLP is not liable for any damage or harm resulting from any posts by or interactions between users. Skyyraa Design Projects LLPreserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Skyyraa Design Projects LLP deems objectionable, at its sole discretion.
(III.) DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKYYRAA DESIGN PROJECTS LLP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Skyyraa Design Projects LLP 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 THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SKYYRAA DESIGN PROJECTS LLP DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE WHICH IS PROVIDED TO YOU AND SKYYRAA DESIGN PROJECTS LLP PROVIDE YOU WITH NO WARRANTY OR REPRESENTATION WHATSOEVER REGARDING ITS QUALITY, FITNESS FOR PURPOSE, COMPLETENESS OR ACCURACY. REGARDLESS OF SKYYRAA DESIGN PROJECTS LLP EFFORTS TO PROVIDE YOU WITH SERVICE OF THE HIGHEST QUALITY, SAFETY AND SECURITY, WE MAKE NO WARRANTY THAT THE WEBSITE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEBSITE OR/AND SOFTWARE IF ANY SHALL BE FREE FROM VIRUSES, BUGS OR OTHER CONTAMINANTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
(IV.) REPRESENTATION
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
(a) Your use of our website is at your sole option, discretion and risk.
(b) In compliance with our regulatory requirements of Skyyraa Design Projects LLP and in order for you to access and use the Service, you will need to provide Skyyraa Design Projects LLP and/or its service providers with certain Personal Information (as defined in our Privacy Policy) about yourself as well as consenting Skyyraa Design Projects LLP (or third parties acting on our behalf of the Company) to have access to or make use of your location data and/or such other data or information that may be derived from your Device or PC, to enable the Service to be made available to you. You hereby consent to Skyyraa Design Projects LLP to access and use such data for the purposes outlined above and for any other purposes, subject to applicable law. Skyyraa Design Projects LLP will process your Personal Information in compliance with the data protection laws and regulations of India and any other applicable law being in force in India and may also transfer your data overseas to facilitate and improve the provision of the Service;
(c) The telecommunications networks and internet access services required for you to access and use the website are entirely beyondSkyyraa Design Projects LLP’s control and Skyyraa Design Projects LLP shall not have any liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;
(d) You are not currently self-excluded from any online site and you are opening the website from a jurisdiction wherein you are legally allowed to do so and that you will inform the Skyyraa Design Projects LLP immediately if you enter into a self-exclusion agreement with any website;
(e) You are not barred by any laws and have no imposition of any sanctions or held to be in violation of any statutes to use and utilise the website and have no criminal records or criminal proceedings against you.
(f) The account if any will at all times be used by you and you will not share any account details if any with any third parties and/or any other Users.
(V.) LIMITATION OF LIABILITY
SKYYRAA DESIGN PROJECTS LLP’s ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
SKYYRAA DESIGN PROJECTS LLPWILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS 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.
(VI.) INDEMNIFICATION
You will release, indemnify, defend and hold harmless Skyyraa Design Projects LLP, 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 your use of the Products (including Trial Products); (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 Skyyraa Design Projects LLP. When Skyyraa Design Projects LLPis threatened with suit or sued by a third party, Skyyraa Design Projects LLP may seek written assurances from you concerning your promise to indemnify Skyyraa Design Projects LLP; your failure to provide such assurances may be considered by Skyyraa Design Projects LLP to be a material breach of this Agreement. Skyyraa Design Projects LLP will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Skyyraa Design Projects LLP’s choice at its expense. Skyyraa Design Projects LLP will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Skyyraa Design Projects LLPagainst any claim, but you must receive Skyyraa Design Projects LLPprior 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.
(VII.) PRIVACY
Skyyraa Design Projects LLP believes strongly in protecting user privacy and providing you with notice of its use of data. Please refer to Skyyraa Design Projects LLP’s privacy policy, incorporated by reference herein, that is posted on the Website.
(VIII.) AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
(IX.) ORDER PAYMENT
All payments made against purchases on the website by you shall be as against the MRP displayed on the Website. Skyyraa Design Projects LLP may employ a third-party online payment gateway provider(s) to facilitate payments on the Website. Use of such third-party online payment gateway provider services will be governed by their Terms and Conditions as applicable for your nature of activities.
You agree, understand, and confirm that the debit/credit card or net banking details provided by you for availing of services on the website will be correct and accurate and you shall not use the debit/credit card or net banking which is not lawfully owned by you (i.e., in a transaction you must use your own debit/credit card or net banking account). You further agree to provide the correct and valid debit/credit card or net banking details to the Website, Company, and payment gateway provider. Before dispatching Your order to You, Skyyraa Design Projects LLP may require you to provide additional supporting documents to establish the ownership of the payment instrument used by you for your purchase.
You will be solely responsible for the security and confidentiality of your debit/credit card or net banking details. The Website will not be liable for any debit/credit card or net banking fraud any loss or damage arising directly or indirectly to you including but not limited to the lack of authorization for any transaction(s), exceeding the preset limit mutually agreed by you and your bank, payment issues arising out of the transaction, or the decline of the transaction(s) for any other reason(s). The liability for use of a card or net banking fraudulently will be on you and the onus to prove otherwise shall be exclusively on you. Skyyraa Design Projects LLP shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the authorization of any transaction for any reason whatsoever. Skyyraa Design Projects LLP will not share your debit/credit card or net banking details with any third-party unless required by law or court order.
(X.) ORDER DELIVERY
Skyyraa Design Projects LLP will make all reasonable efforts but does not guarantee the delivery of products and services in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be terminated if Skyyraa Design Projects LLP fails to deliver one or more products in the stipulated time frame. However, if you fail to take delivery of the goods, Skyyraa Design Projects LLP may at its discretion charge you additional shipping cost.
All products purchased from the website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon Skyyraa Design Projects LLP’s delivery to the shipping carrier.
(XI.) RETURNS AND REFUNDS
Skyyraa Design Projects LLP will make all reasonable efforts to deliver defect-free products to you. Skyyraa Design Projects LLP does not take title to any returned products purchased by you unless the item is received by Skyyraa Design Projects LLP. Products and services purchased on the website do not qualify for return unless the product delivered is damaged or has defects. It is your responsibility to intimate Skyyraa Design Projects LLP of any such damage or defects in the product purchased and received by you within 48-hours of delivery, failing which the product(s) will not qualify for returns unless expressly covered by the product warranty even in case the said product has been wrongly delivered. Upon verification, if the claim is found valid, Skyyraa Design Projects LLP will make arrangements to collect the damaged product(s) and either replace the product(s) or offer you a full refund via your initial method of payment (for COD payments, the refund will be issued in the form of a store credit). Skyyraa Design Projects LLP reserves the right to make the final judgment on whether a product has been significantly damaged and the right to determine whether a refund will be issued.
(XII.) ORDER CANCELLATION
Due to unavoidable circumstances, there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. Skyyraa Design Projects LLP reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include but not limited to product availability, errors in product or pricing information, etc.
Skyyraa Design Projects LLP will regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, Skyyraa Design Projects LLP reserves the right to cancel all past, pending, and future orders without any liability. Skyyraa Design Projects LLP also reserves the right to refuse or cancel orders due to inaccuracies in the pricing of products on the website and stock unavailability.
Skyyraa Design Projects LLP may also request additional verifications or information before accepting your order. Skyyraa Design Projects LLP will contact you if all or any portion of your order is cancelled or if additional information is required to accept Your order. If your order is cancelled after your debit/credit card has been charged, the said amount will be fully refunded via your initial method of payment. Any promotional and discount vouchers, coupons, and codes used for the cancelled orders may not be refunded.
(XIII.) PRODUCT EXACTNESS
Skyyraa Design Projects LLP will try its best to deliver products exactly the way they appear on the Website. However, many of Skyyraa Design Projects LLP’s products are handcrafted resulting in minor shape, size, colour, texture, and design variations. Skyyraa Design Projects LLP disclaims any guarantees of exactness of the finish or appearance of the final product ordered by you over and above generally acceptable standards on the same. The quality of the products, services, and Content purchased or obtained by you through the website may not meet your expectations.
Changes to certain aspects of your order may be required due to limitations caused by the availability of the product. In such instances, you agree that Skyyraa Design Projects LLP will call you or send an approval request via your registered e-mail address which you submitted when placing Your order. If You do not agree with the requested change, you retain the right to reject the requested change by replying within 5-days of the approval request being sent to you, following which your order will be cancelled and you will be fully refunded via your initial method of payment.
(XIV.) PRICING ERROR
Pricing on the product and service is as it shows, however on occasions due to any technical issue or typographical error the actual product or service price may vary. If Skyyraa Design Projects LLP comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
If a product or service’s correct price is lower than the website stated price, Skyyraa Design Projects LLP will charge the lower amount and send you the product or service. If a product or service’s correct price is higher than the website stated price, Skyyraa Design Projects LLP will cancel your order and notify you of that cancellation.
The product or service price mentioned on the website is the Maximum Retail Price (MRP) for the said product or service. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order shall include a combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. Skyyraa Design Projects LLP reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. Skyyraa Design Projects LLP may also charge delivery charges which may include postal/shipping charges to deliver the product or services ordered by you on the website.
(XV.) GENERAL
Nothing in these terms and conditions shall create or confer any rights or other benefits in favour of any third parties not being party to these terms and conditions other than with respect to Skyyraa Design Projects LLP.
The English language version of this Agreement (“Agreement”) shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
Nothing in these terms and condition shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Skyyraa Design Projects LLP. Moreover, this terms and conditions constitute the entire understanding between you and Skyyraa Design Projects LLP regarding the Service and supersede any prior agreement, understanding, or arrangement between you and Skyyraa Design Projects LLP, if any.
Force Majeure. Skyyraa Design Projects LLP 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, labour strike, lockout, or boycott. Cessation of Operation. Skyyraa Design Projects LLP 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 Skyyraa Design Projects LLPand supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of Skyyraa Design Projects LLPto 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 endeavour 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.
Breach: Without prejudice to any other rights, if you breach in whole or in part any provision contained herein, Skyyraa Design Projects LLP reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the you, immediately blocking your access to the Website or to any other service offered by Skyyraa Design Projects LLP , terminating such account if any or on any other site operated bySkyyraa Design Projects LLPand/or take legal action against youGoverning Law; Jurisdiction. This Website originates from New Delhi, Delhi, India. This Agreement will be governed by the laws of the State of New Delhi, Delhi, India without regard to its conflict of law principles to the contrary. Neither you nor Skyyraa Design Projects LLP 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 New Delhi, Delhi, India. 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 this Agreement must be filed within one (1) year 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.
Severability: If a provision of this terms and condition is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision.
Assignment: Skyyraa Design Projects LLP reserves the right to assign this terms and conditions, in whole or in part, at any time without notice. You may not assign any of your rights or obligations under these terms and conditions without our prior consent of the Company.
Amendment: Skyyraa Design Projects LLP reserves the right to change/update/modify any clause(s) or any part thereof in the Terms and Conditions of this Agreement at any time without notice. You do not have any right to challenge any decision or any such changes in the Terms and Conditions. There may be a lag in communicating the changes in Terms and Conditions of service to you. The emphasis is with you to keep up to date with the terms and conditions of service and changes within the service. Moreover, Amended Agreement may be posted on the website.
Termination. Skyyraa Design Projects LLPreserves 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 or for any other reason it deems fit Following termination, you will not be permitted to use the Website and Skyyraa Design Projects LLP 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, Skyyraa Design Projects LLP 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 Skyyraa Design Projects LLP chooses, in its sole discretion and without advance to you, to terminate it. Domestic Use. Skyyraa Design Projects LLP 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. Skyyraa Design Projects LLP may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Questions regarding this agreement should be directed to customercare@skyyliving.com