Terms & Condition
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”). W.E.F 01-04-2018
Terms & Condition By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean D Vibrants, its franchiser, affiliates and partners.
1. www.dvibrants.com website (“Website”) is an Internet based content and e-commerce portal operated by D Vibrants, a company incorporated under the laws of India.
2. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. dvibrants.com at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason there of.
You will receive a password and account designation upon completing the Website’s registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to
(a) immediately notify dvibrants.com of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. dvibrants.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
dvibrants.com provides a number of Internet-based services through the Web Site (all such services, collectively, the “Service”).
One such service enables users to purchase original merchandise such as Personalized Photo Printed Gifts Like: T-Shirt, Cushions, Mugs, Photo Frames etc. (collectively, “Products”).
Upon placing an order, dvibrants.com shall ship the product to you and be entitled to its payment for the Services.
The User 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 or software obtained from the Website and connected social pages.
Limited reproduction and copying of the content of the Website is permitted provided that D Vibrants name is stated as the source and prior written permission of dvibrants.com is sought.
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 and its social pages is not permitted..
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:
1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
3. Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
4. 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;
5. Conduct or forward surveys, contests, pyramid schemes or chain letters;
6. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
7. 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;
8. Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
9. Violate any applicable laws or regulations for the time being in force in or outside India; and
10. 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.
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others.
You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by dvibrants.com.
User data and information provided may be shared by owner of D Vibrants with its partners.
dvibrants.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user.
The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Before any alterations to certain aspects of your order such as spellings, grammar etc, that a representative from dvibrants.com will call you or send an approval request via the email address which you submitted when placing your order.
If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 7 days of it being sent to you.
1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, D Vibrants owns all Intellectual Property Rights to and into the Website, Store and social pages including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website, social pages belonging to D Vibrants without obtaining authorization from D Vibrants
2. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of dvibrants.com or the Website and dvibrants.com 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.
dvibrants.com is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. dvibrants.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by dvibrants.com or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
You agree to indemnify, defend and hold harmless dvibrants.com 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 dvibrants.com 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 you pursuant to these Terms.
1. in may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms.
2. If you or dvibrants.com terminates your use of the Website or any Service, dvibrants.com may delete any content or other materials relating to your use of the Service and dvibrants.com will have no liability to you or any third party for doing so.
3. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Fatehabad.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
The Terms 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 words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.