This website and any mobile application (collectively, this "Site") is owned by Mynah Designs. We are providing you with access to Mynah Designs and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise on Mynah Designs or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change Mynah Designs and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting Mynah Designs under the supervision of a parent or guardian.
USE OF Mynah Designs
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of Mynah Designs. This license grant does not include: (a) any resale or commercial use of Mynah Designs or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of Mynah Designs and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on Mynah Designs. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or another proprietary information (including the images found at Mynah Designs, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of Mynah Designs so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission.
In order to access some features of Mynah Designs, you may be required to register, and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of Mynah Designs security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of Mynah Designs. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF Mynah Designs BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF Mynah Designs. IN IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
When you visit Mynah Designs, or send emails to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail or by posting notices on Mynah Designs or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing.
Mynah Designs may include features and functionality ("Interactive Features") that allow users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features and that you use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable.
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law.
- User Content that displays describes or encourages usage of any product, We sell in a manner that could be offensive, inappropriate or harmful to Us or any user or consumer.
- User Content that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures, videos, images or information about another individual where you have not obtained such individual's consent.
- User Content that makes false or misleading statements, claims or depictions about a person, company, product or service.
- User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of any party.
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity and Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code.
RIGHTS IN USER CONTENT
Except as otherwise provided in these Terms, on Mynah Designs or in a separate agreement with Us, we claim no ownership or control over any User Content. However, by submitting or posting User Content on Mynah Designs, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on Mynah Designs and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of Mynah Designs the right to access your User Content in connection with their use of Mynah Designs.
By posting User Content to Mynah Designs, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to Mynah Designs and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with Mynah Designs, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation.
Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials, and other information regarding Mynah Designs, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
RESTRICTIONS ON RIGHT TO USE
You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
- Download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license, or in any way commercially exploit any portion of Mynah Designs, except and to the extent expressly permitted under these Terms.
- Remove any copyright, trademark or other proprietary rights notice contained in or on the Site.
- Use any robot, spider, site search/retrieval application, or another device to retrieve or index any portion of Mynah Designs
- Collect any information about other users (including usernames and/or email addresses) for any purpose other than to solicit and/or share reviews with other users
- Create user accounts by automated means or under false or fraudulent pretenses
- Create or transmit to other users unsolicited electronic communications, such as "spam," or otherwise interfere with other users' enjoyment of the Site
- Submit to Mynah Designs any content that falsely states or implies that such content is sponsored or endorsed by us
- Transmit or upload to Mynah Designs in any item containing or embodying any virus, worm, defect, malware, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of Mynah Designs, any other Web site, or any computer or other device or system, or the enjoyment of Mynah Designs by any user
- Use Mynah Designs to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes)
- Submit to Mynah Designs any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material, deemed threatening or obscene
- Copy or store any User Content offered on Mynah Designs other than for your personal, non-commercial use
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large data or traffic load on Mynah Designs or the IT infrastructure used to operate and make Mynah Designs available
- Use Mynah Designs and/ or any User Content, intentionally or unintentionally, to violate any applicable local, state, federal or international law
- We have no obligation to monitor any user conduct on Mynah Designs and We reserve the right and have absolute discretion to monitor any user conduct on Mynah Designs at any time and for any reason without notice
As between you and us, Mynah Designs, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of Mynah Designs (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights.
Mynah Designs and its affiliates attempt to be as accurate as possible. However, Mynah Designs does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Mynah Designs itself is not as described, your sole remedy is to return it in unused condition. And the same shall be accepted in terms of the return policy displayed on this web site.
Except where noted otherwise, the List Price displayed for products on our website, whether in Foreign Currency or Indian Rupees represents the full price of the product.
With respect to items sold on Mynah Designs, we charge your credit card before your order has entered the shipping process. For any reason, if we are not able to ship your products as per your order, we will intimate you electronically and refund the value of the products not available. Any additional Shipping Fees, if applicable, will not be refunded.
Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
If an item correct price is lower than our stated price, we will charge the lower amount and ship you the item.
The fittings of our clothing depend on the cut, fabric and style of each garment. Please review our sizing guide to select the size best suited to you or contact our team via email or call.
PRODUCT PROPERTIES AND WASH CARE
All of Mynah Designs' products are handcrafted using the finest natural fibers. The subtle variations in colour, texture and finish are intrinsic to hand made products. Our products involve crafts-based traditions of hand spinning, dying, weaving, woodblock printing and embroidery. We use both vegetable dyes and commercial dyes with the goal of minimizing our impact on the environment while striving for the best color properties. An irregular weave or print is not a defect - handloom by definition means uncertainty when it comes to uniformity.
We have done our best to display as accurately as possible the colors of the products shown on this Web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor display of any color will be accurate. Reds and blues tend to run. Please always wash like colours together and dry inside out in the shade. Silks must only be dry cleaned.
If an item correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by Mynah Designs
The prices displayed on this site are quoted in Indian Rupees with approx. the conversion rate in US Dollars. The actual amount to be paid by you will be the equivalent amount in the currency of your credit card, as per the conversions done by your bank/credit card provider on the date of billing.
PURCHASES ON Mynah Designs
You agree that all of your transactions with or through Mynah Designs may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on Mynah Designs passes to you upon our delivery of the items to the carrier pursuant to a shipment contract.
We charge sales tax for merchandise ordered on Mynah Designs based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on Mynah Designs when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment methods acceptable to us may be used.
By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other methods) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Return Policy.
We attempt to be as accurate as possible and eliminate errors on Mynah Designs; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on Mynah Designs, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such an error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
Mynah Designs may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site.
You may terminate the Terms at any time by closing your account, discontinuing your use of Mynah Designs and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use Mynah Designs, or any portion of Mynah Designs, and to block or prevent your future access to and use of Mynah Designs or any portion of Mynah Designs.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of Mynah Designs; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through Mynah Designs; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third-party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that We shall have the right to control of the defense or settlement of any third party Claims.
Except as expressly provided, Mynah Designs, including all Site Content, and services provided on or in connection with Mynah Designs are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We do not represent or warrant that Mynah Designs is accurate, complete, reliable, current or error-free. We do not represent or warrant that Mynah Designs or our servers are free of viruses or other harmful components.
THE EXCLUSIVITY OF REMEDY; LIMITATION OF LIABILITY
Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty, shall be your right to return the product or receive a refund for the service under Our applicable returns and exchange policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH Mynah Designs EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT.
You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
MODIFICATIONS TO SITE
We reserve the right to modify or discontinue, temporarily or permanently, Mynah Designs or any features or portions thereof without prior notice.
If any of these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision.
NO THIRD PARTY BENEFICIARIES
These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party.
By visiting Mynah Designs, 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 Mynah Designs or its affiliates.
Any dispute relating in any way to your visit to Mynah Designs or to products you purchase through Mynah Designs 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 Mynah Designs intellectual property rights, Mynah Designs 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 present limit mutually agreed by us with our acquiring bank from time to time"