Welcome to the World of Sabyasachi.
These terms of use govern the access, browsing to and use of the Website https://www.sabyasachi.com (hereinafter “Website”) and the content and services available through it.
This Website is owned and worked by Sabyasachi Calcutta LLP, a limited liability partnership duly registered under the laws of India, having its registered office at 80/2, Topsia Road (South), Kolkata 700046, West Bengal, India (hereinafter referred to as the “LLP”). Unless otherwise specified, the Website and Service are intended to promote Sabyasachi products and services available worldwide.
By accessing or using this Website, in any manner, whatsoever, you are implying that you have read, understood and accepted without modification of any/all these terms and conditions including but not limited to the Privacy Policy, Disclaimer Notice and any other additional terms, conditions, or policies referenced herein and/or available by hyperlink on the Website (collectively, the “Agreement”). By accessing or using this Website, in any manner, with or without registration, you agree to be bound by the Agreement and represent that you have read and understood its terms.
If you do not agree to these terms and conditions, you must refrain from using the Website. The LLP reserves the right to alter, amend and modify these Terms at any time without any prior notice.
The terminology used in these Terms and Conditions, Privacy Policy, and Disclaimer Notice are as follows:
The terms "Client," “User,” "You," and "You’re" refer to the user/ customer who accesses/visits this Website and agrees to be bound by all the terms and conditions set forth below (collectively, the "Agreement").
Sabyasachi Calcutta LLP has been referred to as "The LLP," “Sabyasachi”, "Ourselves," "We," "Ours," and "Us."
The terms "Party," "Parties," or "Us" include both the Client/User and us (i.e. Sabyasachi Calcutta LLP).
It is known that any use of the aforementioned terminology or other words in the singular, plural, he/she or they format refers to the same thing.
The following Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
1. INTELLECTUAL PROPERTY RIGHTS, OWNERSHIP RIGHTS AND USE OF WEBSITE MATERIALS
1.1 All information and content on this Website including but not limited to texts, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, artworks, devices, or any other material (collectively, “Contents”) are proprietary property of the LLP (“Proprietary Information”) and protected under the domestic and foreign intellectual property laws.
1.2 The LLP owns all right, title, interest and license in and to the Website and the Contents published herein. Any misuse or unauthorized use of the intellectual property on this Website will not be permitted and shall be strictly dealt with as per the applicable laws of India.
1.3 Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, No such Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted, distributed, or created into derivative works in any form or by any means or in any manner whatsoever without written consent from the LLP and nothing on this Website or Services shall be or products deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the LLP, to the User. This prohibition also includes framing any content from the Website as well as unauthorized linking. It is hereby acknowledged that the Website and all its contents shall be used by the User for personal and non-commercial purposes.
1.4 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive, sublicensable right and transferable license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. The LLP is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. We are not responsible for screening or monitoring Submissions made to this Website by users. If notified by a User of a submission allegedly in violation of these Terms of Use, the LLP may investigate the allegation and determine in good faith and at its sole discretion whether to remove such Submissions. The LLP will have no liability or responsibility to Users for performance or non-performance of such activities. The LLP may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
2. LINKS TO OTHER/THIRD-PARTY WEBSITES
2.1 This Website may contain links to third-party websites. The LLP has no control over such websites and will not be responsible or liable for any content or any damage or anything else that may result from your access to, use of or reliance on any of these third-party websites.
2.2 Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by LLP of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. LLP shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such third-party websites.
3. ACCURACY OF INFORMATION
3.1 In the preparation of the Website and contents herein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. The LLP also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice.
3.2 This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. LLP shall not be responsible if the information made available on this website is inaccurate, incomplete, or outdated. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. The User assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or Services.
3.3 The photographs and images of products included on the Website have been portrayed as accurately as possible; however, the settings and specifications of the User's viewing device or display could affect the accuracy of the colours of products portrayed.
4. WEBSITE SECURITY
4.1 The User’s access or use of the Website and its Services in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted and/ or intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Website and/or its Services, and/ or disrupt or interfere with the security of, or otherwise cause harm to the Website and its Services, products, materials, systems, resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Services or any affiliated or linked websites are prohibited.
5. EXCLUSION OF WARRANTY
5.1 To the maximum extent permitted by law, this Website, its materials, contents, and services are provided on an "as is" and "as available" basis. The LLP provides no warranty or guarantee in connection with this Website, its materials, contents, or services, including, by way of example, that it will always be available, without interruption or errors in functioning, that defects will be corrected, or that it will be safe from malicious programs (such as viruses, bugs, malware or similar), that it is merchantable, that it is suitable for any particular purposes, or that (except as expressly stated in our privacy policy), any information you may provide or activities you engage in the course of your use of this Website or any hyperlinked website are secure and expressly declines any such warranties.
5.2 The LLP works to ensure that the information made available through the Website is accurate and up to date. However, the LLP cannot guarantee the accuracy of such information or that such information is free from errors or omissions and the LLP makes no warranty, and shall have no liability, in respect of the same. LLP reserves the right to update and/or correct the contents of the Website at any time without notice and without any liability.
6. PRICING
6.1 All prices displayed on the Website are for reference purposes and the same may change and/or differ depending upon the demography/region.
6.2 Any rights not expressly granted herein are reserved. All prices are subject to change without notice.
7. LIMITATION OF LIABILITY
7.1 The User/s shall be responsible for evaluating the information and content obtained through this Website. By using the Website, the User/s undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data and costs associated with all necessary service and maintenance of hardware and / or software used in connection with the Website.
7.2 To the maximum extent permitted by applicable law, the User/s also undertake not to hold the LLP, its licensors, service providers, agents, officers, or partners, liable, in any way, for any possible damages including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising or resulting from the use of this Website, its services, contents or related to it, or any linked website or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if they are advised of the possibility of such damages, losses or expenses.
8. INDEMNIFICATION
8.1 The User hereby agrees to defend and indemnify the LLP and its affiliates and any of their officers, directors/ partners, employees and agents, from and against any and all claims, actions, demands, recoveries, losses, damages, fines, penalties or other costs and expenses of any kind or nature including but not limited to reasonable legal and accounting fees arising from: (i) the User’s use of and access of the Website and/or its Services; (ii) User’s violation of any term of these Terms or any other policy of the LLP; (iii) User’s violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that User’s use of the Website and/or its Services has caused damage to a third party. This defence and indemnification obligation will survive these Terms.
8.2 To the extent permitted by applicable law, the User agrees to indemnify and hold the LLP, and each of its parents, subsidiaries and affiliates, and their respective officers, directors/partners, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost, penalty, or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to the User’s use of the Website, including, but not limited to, any Submissions to make to us, or any breach by the User of these Terms of Use.
9. TERMINATION
9.1 Any violation by the User of any of these terms of use may result in immediate suspension or termination of the User’s Account apart from any legal remedy that the LLP can avail. In such instances, the LLP may also disclose the User’s Account Information, if required by any Governmental or legal authority. The User understands that the violation of these Terms could also result in civil or criminal liability under applicable laws.
10. GOVERNING LAW AND JURISDICTION
10.1 This Agreement including but not limited to the Terms of Use, Privacy Policy, Cookie Policy and Disclaimer Notice are governed by the laws of India without regard to conflict of law principles. The User/Users hereby consent/consents to the exclusive jurisdiction of the competent courts at Kolkata, India for all disputes arising out of or relating to the use of our Website and its Services/ Products.
11. COMPLAINT GREVIENCES AND/OR NOTIFY ABOUT INFRINGEMENT/ DUPLICATE SABYASACHI PRODUCTS
11.1 If you have any queries or questions about these terms or with respect to any content of the Website or want to notify us with respect to any possible infringement and/or duplicate Sabyasachi products, you may feel free to contact us at: Email: customerservice@sabyasachi.com
12. NO WAIVER
12.1 The LLP’s waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect will not operate to excuse performance or waive any such right to require strict performance at any future time.
13. MISCELLANEOUS
13.1 If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.
13.2 The terms and conditions set forth herein constitutes the entire agreement and understanding between the User and the LLP with respect to the subject matter set forth in the Website and/or Services and supersedes all prior or contemporaneous communications or proposals, whether written or oral, and shall also supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.
13.3 The User hereby acknowledge and agree that these Terms, together with our Privacy Policy, constitute the entire agreement between you and the LLP with respect to the use of the Website.
13.4 The LLP may change these Terms at any time by posting changes on the Website and any such changes will be posted on the Website and you agree to be bound by such changes. Any changes are effective immediately upon posting. The continued use of the Website constitutes your agreement to any revised Terms.
DISCLAIMER NOTICE:
1. The Information, software, materials, products, and services published on this Website may include inaccuracies or errors, including reservation availability and pricing errors. The LLP or any of our affiliates do not guarantee the accuracy of, and disclaim all liability for, any errors or other inaccuracies relating to the information and description of the contents displayed on this Website.
2. The information, services, products and materials contained in this Website, including without limitation, text, graphics, video, audio and hyperlinks, are provided “As Is” and without warranties of any kind, either express or implied.
3. To the fullest extent permissible we disclaim any warranties, express and/or implied, including but not limited to implied warranties of merchantability, non-infringement, freedom from cookies, computer virus and warranties arising from course of trade or course of performance of services. We do not represent or warrant that the functions contained in the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes the Website available, are free of viruses or other harmful components. We do not make any warranties or representations regarding the use of the materials in the Website in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.