Terms of Use

Terms of Use

 

  1. USE OF THE PLATFORM

 

Welcome to www.boat-lifestyle.com ("Site"). The website www.boat-lifestyle.com is owned and operated by Imagine Marketing Private Limited ("Company” or “We” or “Our”) a company incorporated under the provisions of the Companies Act, 1956 with its registered office at Unit no. 204 & 205, 2nd floor, D-wing & E-wing, Corporate Avenue, Andheri Ghatkopar Link Road, Mumbai – 400093, Maharashtra, India. You may be accessing our Site from a computer or mobile phone device (through an iOS or Android application, for example) and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. These Terms of Use govern all the products offered on the Site.

 

The Site is only to be used for your personal non-commercial use and information. Your use of the Site and features of the Site will be governed by these Terms and Conditions (hereinafter " Terms of Use ") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together " Policies ") as modified and amended from time to time.

 

By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.  Please do not use the Site if you do not agree to any of the terms enumerated in the Terms of Use or the Policies. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the Site or such material.

 

Company reserves the right to unilaterally change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies, whether or not you have read them. For this reason, you should frequently review these Terms of Use and the Policies, to understand the terms and conditions that apply to your use of the Site. 

 

  1. PRIVACY PRACTICES

 

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy will also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by the Company in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of the Company. 

 

  1. YOUR ACCOUNT

 

This Site is directed to be used by adults (i.e., persons older than 18 years) only. We assume that any minor, if at all, accessing our Site is under the supervision of their legal guardians. The Company or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature. 

 

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature.

 

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account, or undertake any other actions to cure the security breach at our discretion, without any liability to the Company.

 

By creating an account on the Site (“Account”), you may receive updates, and other information we may send with regards to the Service, or new services we may offer. You may opt out of receiving any, or all, of these non-essential communications from us by following the unsubscribe link or instructions provided in any email we send. You will continue to receive important updates with regards to your Account.

 

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Company’s and Company’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Site. The information provided to us will be maintained by us in accordance with our Privacy Policy. 

 

  1. PRODUCT INFORMATION

 

Company attempts to be as accurate as possible in the description of the product on the Site. However, Company does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. In the event of any such inadvertent inaccuracies, the Company will endeavour to correct the same within the earliest possible time period.

 

Company reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted ) without prior notice to ensure accuracy of descriptions of the product on the site.

 

  1. PRODUCT USE

 

The products and services available on the Site, and the samples, if any, that Site may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, will not be sold or resold for any reasons, commercial or otherwise.

 

  1. PRICING INFORMATION

 

The Company strives to provide accurate product and pricing information, however errors may occur. Any such errors will be rectified by the Company within the earliest possible time period.

 

 Without limiting the generality of Clause 7 (Cancellations, Refunds and Returns) below, if a product is listed at an incorrect price or with incorrect information due to any inadvertent technical error, Company will refuse or cancel any orders placed for that product, unless the product has already been delivered. In the event that an item is wrongly priced, the Company will either contact you for instructions or cancel your order and notify you of such cancellation.. In the event that Company accepts your order the same will be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Company’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

 

SUBJECT TO THESE TERMS AND THE POLICIES, PRICES AND AVAILABILITY OF THE PRODUCTS PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF COMPANY. Company may revise and cease to make available any product/ services at anytime. In the event, the Company is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. The Company will not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

 

  1. CANCELLATIONS, REFUNDS AND RETURNS

 

Please refer to our Warranty and Support page provided on our Site.

 

  1. MODE OF PAYMENT

 

Payments for the products available on the Site may be made in the following ways:

  • Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards, and reward points.
  • Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of your order.

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

The names and logos and all related product names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of the Company. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of the Company are the intellectual property of the Company.

 

The Company expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site is the exclusive property of the Company and are protected by the Indian copyright laws and International treaties. Consequently, the materials on this Site will not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying, reproducing, duplicating, republishing, posting, transmitting, distributing or modifying.

 

  1. LIMITED LICENSE

 

The Company grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Company and its affiliates.

 

The Company reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

 

  1. SITE SECURITY

 

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:

  1. accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  3. attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
  4. sending unsolicited email, including promotions and/or advertising of products or services; or
  5. forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

 

The Company is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from the Company on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). 

 

We will report cyber security incidents with relevant statutory authorities and will render all reasonable cooperation as required by statutory authorities with respect to a cyber security incident. In accordance with applicable laws, we may be required to provide information to law enforcement agencies within 72 hours to verify the identity of any user for the purposes of prosecution or investigation of cyber security offences.

 

Data collected from you during your use of the Site will be retained for at least a period of 180 days, in compliance with applicable laws.

 

  1. CONTENT AND USER SUBMISSIONS

 

For purposes of these Terms of Use, the term “Content” includes, without limitation, any location information, logos, images, videos, audio clips, comments, information, data, text, photographs, software, scripts, and graphics made available by you on the Site. Any such Content added, created, uploaded, submitted, posted during usage of the Site by You is collectively referred to as, “User Submissions.”

 

All Content and User Submissions, whether publicly posted or privately transmitted, will be the sole responsibility of the person who originated such user Submissions/Content. We cannot guarantee the authenticity of any such User Submissions, and/or Content which the users may provide about themselves or about the products sold on the Site. You acknowledge and agree that (i) all User Submissions/Content accessed by you, while utilizing or using the Site will be at your own risk and will be solely responsible and liable for any damage or loss that may occur as may be attributable to you or any other party resulting therefrom; (ii) we will have no liability towards you or any such party for any damage or loss resulting from such User Submissions/Content; and (iii) You will be responsible and liable for displaying of authentic Content/User Submissions while using the Site and we will have no liability in this regard.

 

You grant us a worldwide, exclusive and royalty free license to use and reproduce the User Submissions/ Content at our discretion.

 

With respect to the Content and User Submissions, you are prohibited from displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through the Site, any information that:

 

  1. belongs to another person and to which You do not have any right;
  2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  7. impersonates or defames another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or
  9. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

 

  1. REPRESENTATIONS AND WARRANTIES

 

This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. The Company will not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

 

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

 

The Company will have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. The Company does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

 

  1. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

 

THE SITE IS PRESENTED "AS IS." NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE POLICIES OR THE SITE OR ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.

 

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR HOLDING, SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (g) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT WILL OUR MAXIMUM AGGREGATE LIABILITY EXCEED.

 

This disclaimer constitutes an essential part of this Terms of Use.

 

  1. TERMINATION

 

These Terms of Use are effective unless and until terminated by either you or the Company.

You may terminate the Terms of Use at any time, provided that you discontinue any further use of this Site. The Company may terminate the Terms of Use at any time and may do so without notice, and accordingly deny you access to the Site, such termination will be without any liability to the Site. Termination of the Terms of Use will also lead to the termination of the Policies.

 

Upon any termination of the Terms of Use by either you or the Company, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use will not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the Terms of Use.

 

  1. INDEMNITY

 

You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms of Use and/or the Policies, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause will survive the expiry or termination of the Terms of Use.

 

  1. GOVERNING LAW AND JURISDICTION

 

The Terms of Use and the Policies will be construed in accordance with the applicable laws of India. For proceedings arising therein, the Courts at Mumbai will have exclusive jurisdiction, subject to the arbitration process below.

 

  1. DISPUTE RESOLUTION

 

Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, will be referred to an independent arbitrator who will be appointed mutually by the Parties and the arbitrator’s decision will be final and binding on the parties hereto. The above arbitration will be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration will be held in Mumbai.

 

Without any prejudice to particulars listed in Clause 15 above, the Company will have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trademark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

 

For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 will apply. The seat and venue of international arbitration will be Mumbai.

 

  1. SEVERABILITY

If any part of these Terms of Use or the Policies is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use or the Policies will continue to be in effect.

 

  1. ENTIRE AGREEMENT

Unless otherwise specified herein, these Terms of Use and the Policies constitutes the entire agreement between you and Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

Company's failure to act with respect to a breach by you or others does not waive its right to act with respect to the breach or subsequent and similar breaches.

 

  1. GENERAL

 

You acknowledge and hereby agree to these Terms and Conditions and that it constitutes the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

 

We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You will comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. In accordance with applicable laws, you understand that we are required to notify you of these Terms and Conditions, regardless of whether it contains any amendments, at least once a year. You understand that you will not be able to opt out of this particular communication from us.

 

Nothing contained in these Terms and Conditions will be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us. Our failure to require your performance of any provision hereof will not affect our full right to require such performance at any time thereafter, nor will our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions will be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity will not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions will be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and will not be used in its interpretation.

 

**All Partnership/Affiliates coupon codes will be invalid during the sales period. However, they will be redeemable and functional as the sale ends.