1.0 ACCEPTANCE OF TERMS
1.1 The Splash website ("Website") is an internet based fashion portal owned and operated by Splash LLC Private Limited ("Splash"), a company incorporated under the laws of UAE, with its registered office at Landmark Gulf Group, IND. Area 1, Jabel Ali, P.O. Box: 26881, Dubai, UAE.
1.2 Through the Website, Splash shall provide you ("User") Splash product related information, pricing availability, offers/announcements and store locations across cities and regions where Splash has its presence.
1.3 This User Agreement ("Agreement") sets out the terms and conditions on which Splash shall provide the Services to the User through the Website. In addition to this Agreement and depending on the Services opted for by the User, the User shall be required to read and accept the relevant terms and conditions, which may be updated or modified by Splash from time to time. Such terms and conditions shall be deemed to be a part of this Agreement and in the event of a conflict between such terms and conditions and this Agreement, the terms of this Agreement shall prevail.
1.4 Use of the Website is offered to the User conditioned on acceptance without modification of all the terms, conditions and notices contained in this Agreement and the Terms and conditions, as may be posted on the Website from time to time. For the removal of doubts, it is clarified that use of the Website by the User constitutes an acknowledgement and acceptance by the User of this Agreement and the terms and conditions. If the User does not agree with any part of such terms, conditions and notices, the User must not use the Website.
2.0 MODIFICATIONS OF TERMS
Splash reserves the right to change the terms, conditions and notices on the Website. The User shall be responsible for regularly reviewing these terms and conditions.
4.0 LIMITED USER
4.1 The User agrees and undertakes not to duplicate, sell, trade or resell or exploit for any commercial purposes, any portion of the Service. For the removal of doubt, it is clarified that the Website is not for commercial use but is specifically meant for personal use only.
4.2 The User further agrees and undertakes not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that the Splash's name is stated as the source. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
5.0 DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
5.1 Splash has endeavored to ensure that all the information on the website is correct, but Splash neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data or information contained. Splash makes no warranty, express or implied, concerning the website and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained in the website.
5.2 Since Splash acts only as a source of information and announcement, it shall not have any liability whatsoever for any aspect of the arrangements between the service provider and the user as regards the standards of services provided by the service providers. In no circumstances shall Splash be liable for the services provided by the service provider.
5.3 Although Splash makes reasonable commercial efforts to ensure that the description and content on each page of the website is correct, it does not, however, takes responsibility for changes that occurred due to human or data entry errors or for any loss or damages suffered by any user due to any information contained herein.
5.4 Splash does not endorse any advertiser on its website in any manner. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
5.5 In no event shall Splash be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from any unauthorized access to or alteration of the user's transmissions or data or any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website. Neither shall Splash be responsible for the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, Splash shall not be held responsible for non-availability of the website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond Splash's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
6.0 LINKS TO THIRD PARTY SITES
6.1 The Website may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Splash or the Website and Splash is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Splash is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. Splash is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by Splash or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
6.2 Splash is not responsible for any errors, omissions or representations on any Linked Site. Splash does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
7.0 PROHIBITION AGAINST UNLAWFUL USE
As a condition of the use of the Website, the User warrants that they will not use the Website for any purpose that is unlawful or illegal under any law for the time being in force. In addition, the Website shall not be used in any manner, which could damage, disable, overburden or impair it or interfere with any other party's use and/or enjoyment of the Website. The User shall refrain from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided for or through the Website.
8.0 USE OF COMMUNICATION SERVICES
8.1 The Website may contain services such as email, information related to recommendations, news groups, forums, communities, personal web pages, calendars, and/or other message (hereinafter collectively referred to as "Communication Services"). The User agrees and undertakes to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, the User agrees and undertakes that when using a Communication Service, the User will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; upload files that contain software or other material protected by intellectual property laws unless the User owns or controls the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that the User know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Communication Service; violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
8.2 Splash reserves the right to terminate the User's access to any or all of the Communication Services at any time without notice for any reason whatsoever.
8.3 Splash reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Splash's sole discretion.
8.4 Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. User is responsible for keeping himself updated of and adhering to such limitations if they download the materials.
9.0 TERMINATION/ACCESS RESTRICTION
Splash reserves the right, in its sole discretion, to terminate the access to the website and the related services or any portion thereof at any time, without notice.
10.0 USER'S OBLIGATIONS AND USER ACCOUNT
10.1 In consideration of use of the Website, the User represents and confirms that the User is of legal age for using the Website and/or receiving the Services under the applicable laws.
10.2 To avail a Service the User has and must continue to maintain at his sole cost: (a) all the necessary equipments including a computer and modem etc. to access the Website/avail Services; (b) own access to the World Wide Web. The User shall be responsible for accessing the Services and that access may involve third party fees including, airtime charges or internet service providers charges which are to be exclusively borne by the User.
10.3 The user also understands that the services may include certain communications from Splash as service announcements and administrative messages. The user understands and agrees that the services are provided on an "as is" basis and that Splash does not assume any responsibility for deletions, mis-delivery or failure to store any user communications or personalized settings.
10.4 Registration of the User on the Website is optional. If the User opts to register himself on the Website, upon completion of the registration process, the User shall receive a user id and password. The User agrees and undertakes at all times to be responsible for maintaining the confidentiality of the password and user id, and shall be fully responsible for all activities that occur by use of such password or user id. Further, the User agrees not to use any other party's user id and password for any purpose whatsoever without proper authorization from such party. You are responsible for the security of your password. The Password entered by you is transmitted in one- way encrypted form to our database and stored as such. Thus the Password will not be known even to Splash. Splash will not be responsible for any financial loss, inconvenience or mental agony resulting from misuse of your ID/password.
10.5 The user also agrees and undertakes to immediately notify Splash of any unauthorized use of the user's password or user id and to ensure that the user logs off at the end of each session at the website. Splash shall not be responsible for any, direct or indirect, loss or damage arising out of the user's failure to comply with this requirement.
10.6 The User also agrees to: (a) provide true, accurate and complete information about himself and his beneficiaries as prompted by the registration form ("Registration Data") on the Website; and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the User provide any information that is untrue, inaccurate, not current or incomplete or Splash has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Splash has the right to suspend or terminate the User's registration and refuse any and all current or future use of the Website and/or any Service.
11.1 Without prejudice to the other remedies available to Splash under this agreement, Splash may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the website if: (a) The user is in breach of this agreement; (b) Splash is unable to verify or authenticate any information provided by the user; or (c) Splash believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of the website and/or Splash.
11.2 Splash may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user may not register or attempt to register with Splash or use the website in any manner whatsoever until such time that the user is reinstated by Splash.
12.0 PROPRIETARY RIGHTS
12.1 Splash may provide the User with content such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks or other intellectual property rights and laws. The User may use this material only as expressly authorized by Splash and shall not copy, transmit or create derivative works of such material without express authorization from Splash.
12.2 The User acknowledges and agrees that they shall not upload, post, reproduce or distribute any content on or through the Website that is protected by copyright or other proprietary right of a third party, without obtaining the permission of the owner of such right. Any copyrighted or other proprietary content distributed on or through the Website with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
12.3 Users of the website are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
13.0 INTERPRETATION OF NUMBER AND GENDERS
The terms and conditions herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine.
The User agrees to indemnify, defend and hold Splash from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Splash that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by the User pursuant to this Agreement.
15.0 TERMINATION OF AGREEMENT AND SERVICES
15.1 Either the user, affiliate party or Splash may terminate this Agreement and a Service with or without cause at any time to be effective immediately.
15.2 The User agrees that Splash may under certain circumstances and without prior notice, immediately terminate the User's user id and access to the Website/Services. Causes for termination may include, but shall not be limited to, breach by the User of this Agreement, requests by enforcement or government agencies or requests by the User.
15.3 This Agreement may be terminated by either the User, affiliate party or Splash through a written notice to the other. Splash shall not be liable to the User or any third party for termination of any Service. Should the User object to any terms and conditions of this Agreement or become dissatisfied with the Service in any way, the User's only recourse is to immediately: (a) discontinue use of the Website/Service; and (b) notify Splash of such discontinuance.
15.4 Upon termination of the Service, User's right to use the Website/Services and software shall immediately cease. The User shall have no right and Splash shall have no obligation thereafter to execute any of the User's uncompleted tasks or forward any unread or unsent messages to the User or any third party. Once the User's registration or the Services are terminated, cancelled or suspended, any data that the User has stored on the Website may not be retrieved later.
All notices and communications (including those related to changes in the refund policies, terms & conditions, Service, termination of Service etc.,) shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/facsimile (with acknowledgment of complete transmission) to the following address: If to Splash, at info@Splashfashions.com or at the address posted on the Website. If to a non registered User, at the communication and/or email address specified in the registration form availing of a Splash Service. If to a registered User, at the communication and/or email address specified in the registration form.
17.0 GOVERNING LAW
This agreement shall be governed by and constructed in accordance with the laws of the region without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the court.