TERMS & CONDITIONS FOR TRANSACTING AT AND/OR DEALING WITH THE WEBSITE ‘Queenboutiques.COM’
This document is an electronic record. This electronic record is generated by a computer system and does not require any physical or digital signatures.
(“Website”) is owned and operated by Biswajeet queenboutiques.com, a company incorporated under the laws of United States of America.
Subject to the terms and conditions of this agreement (“Agreement”), the Company, its subsidiaries, affiliates, associate companies, consultants, directors, employees, advisors, partners and suppliers shall make available through the Website which is an online platform for range of goods including energy drinks, lubricants, lingerie, cosmetics, massage gels, massage apparatus, adult industry products, oils and gels, jewellery, watches, perfumes, cologne, apparels, books and magazines, movies and advisory and consultancy services for a Consideration (“Products”).
Use of this Website is regulated by terms and conditions provided herein in this Agreement. Your access, visit, dealing, transacting and/or otherwise using this Website shall be treated as your unconditional acceptance of the terms of this Agreement in entirety. There is an option given during the course of every transaction to enable you to express your acceptance or rejection of these terms. Please exercise the said option during the course of any transaction after going through these terms, as your acceptance by clicking on “I Accept” shall be deemed that you have accepted these terms fully and you have gone through and understood these terms completely and these terms shall be treated as legally binding and enforceable Agreement between the Company and you. If you do not agree with any of these terms or all of these terms, then you should stop dealing with and/or not initiate or undertake any transaction on this Website.
The information and Products offered on this Website or through other mediums should not be considered as a substitute for professional advice. The User’s use of the Website and/or Products is subject to the additional disclaimers and caveats that may appear throughout the Website and on the Products. The Company, its associate companies, subsidiaries, consultants, directors, employees, advisors, partners and suppliers assume no responsibility for any consequence relating directly and/or indirectly to any action and/or inaction that the User takes based on the information, Products and other materials on this Website. While the Company strives to keep the information relating to the various Products offered on this Website accurate, complete and up-to-date, the Company, its subsidiaries, affiliates, associate companies, consultants, directors, employees, partners, agents and suppliers cannot guarantee, and will not be responsible for any damage and/or loss related to, the accuracy, completeness or timelines of the information.
The Company may change, suspend and/or discontinue the Products at any time, including the availability of any feature, database and content on the Website. The Company may also impose limits on certain features and Products and/or restrict the User’s access to parts and/or all of the Products without notice and/or liability to the Users.
All kind of correspondence should be addressed to Company’s office address as given above.
In this Agreement, the ‘Company’ and the ‘User’ have been collectively referred to as “Parties” and individually as “Party”.
The words and phrases used in these terms are defined as under unless repugnant to the context or meaning thereof:
- (ii) “Company” shall mean queenboutiques.com
- (iii) “User” shall mean any person and/or legal entity that visits, uses, deals with and/or transacts on the Website in any way. Any references herein to ‘you’ and ‘your’ shall mean the User.
- (iv) “Website” shall mean queenboutiques.com, a website owned and operated by the Company and facilitating online transactions.
The User certifies that if the User is an individual (i.e. not a corporation), the User is of the age of majority as per the laws applicable in your area and/or jurisdiction but in neither case below Eighteen (18) years of age. By placing an order for any of the Products you confirm that you (and, if different, the recipient of the Product) satisfy the age requirements necessary to buy that Product from our Website. Your visit, dealing and/or transaction at the Website shall be treated as your representation that you are competent to enter into valid legal contracts as per the laws applicable in your area and/or jurisdiction.You may not use our Products for any illegal or unauthorized purpose nor may you, in the use of the Products, violate any laws in your jurisdiction (including but not limited to intellectual property rights laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation will result in immediate termination of services and you might be subjected to any legal action. If the User is availing of the Products from the Website, the User further warrants that the User has legal authority to enter into other binding agreements for the same. The User agrees to be financially responsible for all of the User’s use of the Products and access of the Website (as well as for use of the User’s account by others). The User also warrants that all information supplied by the User in availing the Products and accessing the Website, including without limitation the User’s name, email address, street address, telephone number, mobile number, credit/debit card number and other payment details is correct and accurate. Failure to provide accurate information may subject the User to civil and criminal penalties. This Agreement and/or any of the provision is void and/or prohibited by law, the right to access the Website is revoked in such jurisdictions.
3. AMENDMENT OF TERMS
The Company is entitled to amend these terms anytime without any prior intimation to anybody. The User shall be responsible for reviewing and becoming familiar with any such modifications/amendments from time to time and shall be bound to this Agreement as amended by the Company from time to time. Placement of any order for the Products, transacting on the Website and/or using any information from the Website and/or use of the Products by the User following such notification constitutes the User’s acceptance of the terms and conditions of this Agreement as modified.
4. INTELLECTUAL PROPERTY RIGHTS
- (a) The User acknowledges and agrees that the Company retains all right, title, ownership and interest in and to the Website, all data and information other than data and information relating to the Products provided by third party service providers through the Website (“Third Party Content”), content, material, text, literature, images, illustrations, photographs, videos, clippings, graphics, scripts, page headers, sounds, music, interactive features, the selection and arrangement of elements, the compilation, layout, design, software, domain name, business process, procedures, in any form whatsoever including but not limited to, print, writing, oral, electronic, digital/IT enabled, in machine readable and/or in any other form, and all patent rights, copyright rights, trademark rights, service mark rights, trade secret rights and other intellectual property rights therein recognized anywhere in the world. All use of such rights, including intellectual property rights, in any manner, medium or mode shall perpetually and throughout the world legally vest in the Company.
- (b) All intellectual property of the Company is a valuable asset of the Company and the User agrees to protect, preserve and maintain confidentiality of the same. The User acknowledges that any unauthorized dissemination of the intellectual property of the Company would destroy or diminish its value and cause irreparable harm and loss to the Company, and that monetary damages will be inadequate to compensate the Company for any breach of confidentiality. The User, therefore, agrees that the Company shall, in addition to its rights in law and equity including to its right to claim damages, have the right to seek immediate injunctive relief and specific performance to enforce the confidentiality obligations contained herein.
- (c) The Website is protected by copyright as a collective work and/or compilation, pursuant to Copyright laws, international conventions, and other worldwide copyright laws. The User is not authorized to reproduce, republish, distribute, transmit, modify, edit, sell, transfer, license, translate, communicate, publish, use or exploit the Website and/or its content in any manner whatsoever, or create derivative works based on it, in whole or in part, without our express written authorization, which the Company is under no obligation to grant.
- (d) Any logo, trademark, brand name, service mark, trade name, slogan, and other indicia (“Marks”) that appear on or in connection with the Website and/or its content, is the intellectual property of the Company. The Company expressly reserves all rights therein and the User agrees not to display, use or exploit the same in any manner whatsoever. Nothing contained in this Website should be construed as granting, by implication, estoppels, or otherwise, any license or right in and to the Marks.
- (e) The User’s misuse of the Website and/or its content and/or its Marks, is strictly prohibited. The User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/or its contents to the fullest extent permissible by law, including by seeking appropriate remedies including criminal sanctions solely at the User’s risk as to costs and consequences. The Company has all the rights to disable or prohibit access to the Users who do not abide by these terms and involve in the infringement of our intellectual property.
- (f) All the information and content disclosed on the Website is proprietary in nature and solely belongs to the Company and its respective licensors and shall not be used and/or copied and/or tampered with in any manner (as the case may be).
THIRD PARTY CONTENT
All third party trademarks, logos, photographs, images, content and other intellectual property contained on or through the Website are the property of the respective third parties and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights to such intellectual property. The User shall abide by all copyright notices, intellectual property rights, information, and restrictions contained in any content accessed through the Services.
Except as otherwise provided elsewhere in this Agreement and/or on the Website, anything that the User submit or post on the Website and/or provide to the Company, including without limitation, ideas, questions, reviews, know-how, techniques, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and the Company shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, sell, lease, transmit, publish, perform, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of the Company and shall not be returned to you.
If, at Company’s request, you send certain specific submissions (for example contest entries) or without a request from the Company you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
The User’s misuse of the material and/or Marks and/or content and/or the Website and/or Services, except as provided in this Agreement, is strictly prohibited. The User is advised that the Company will aggressively enforce its intellectual property rights in the Website and/or Services and its contents to the fullest extent of the law, including by seeking appropriate remedies including criminal sanctions solely at the User’s risk as to costs and consequences.