The trademarks, logos and service marks (“Marks”) displayed on the Site are our property. Users are prohibited from using any Marks for any purpose whatsoever without our prior written permission or such third party which may own the Marks. All information and content including any software programs available on or through the Site (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
This site is provided by shopkalista.com on an as is and as available basis. shopkalista.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, shopkalista.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. sougatpaul.com does not warrant that this site, its servers, or e-mail sent from sougatpaul.com are free of viruses or other harmful components. sougatpaul.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Any dispute relating in any way to your visit to shopkalista.com or to products you purchase through shopkalista.com shall be submitted to confidential arbitration in New Delhi, India, except that, to the extent you have in any manner violated or threatened to violate shopkalista.com intellectual property rights, shopkalista.com may seek injunctive or other appropriate relief in any court in India or internationally, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing under the Indian Arbitration Act. The arbitrator award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
“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.
We grant you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party);
uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by us to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.
You agree to defend, indemnify and hold Kalista and its affiliates harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of the site.
By visiting shopkalista.com, you agree that the laws of India, under the jurisdiction of the Delhi High Court, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and shopkalista.com or its affiliates.
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