(b) the Terms of Sale;
(c) any other policy applicable governing the use of the Website or conduct of transactions on the Website.
USER ACCOUNT, PASSWORD AND SECURITY
Registration: An online registration form available on the Website is required to be filled by User(s) in order to become registered User(s) (“Registered User(s)”). Upon registration, PINK LEMONADE shall establish an account (“Account”) on Your behalf and assign You a display name (“Display Name”) and password (“Password”) to have access to Your Account.
CHARGES AND PAYMENT RELATED INFORMATION
PINK LEMONADE shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products as delivered to You and the date of completion of transaction shall be after the Products are delivered to You.
INTELLECTUAL PROPERTY RIGHTS
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, “the Content”) on the Website is owned and controlled by PINK LEMONADE or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. PINK LEMONADE reserves the right to change or modify the Content from time to time at its sole discretion.
The trademark, logos and service marks displayed on the Website (“Marks”) are the property of PINK LEMONADE or their Vendors/Sellers or respective third parties. You are not permitted to use the Marks without the prior consent of PINK LEMONADE, the Vendor/Seller or the third party that may own the Marks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from PINK LEMONADE or third party owner of such Content.
DISCLAIMER OF WARRANTIES AND LIABILITY
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through this Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, PINK LEMONADE does not warrant that:
(a)This Website will be constantly available, or available at all times; or
(b)The information on this Website is complete, true, accurate or non-misleading.
PINK LEMONADE will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. PINK LEMONADE does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
LIMITATION OF LIABILITY
FEEDBACK AND INFORMATION
Feedback: Any feedback You provide to this Website shall be deemed to be non-confidential. PINK LEMONADE shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) PINK LEMONADE is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) PINK LEMONADE may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from PINK LEMONADE for the feedback under any circumstances.
Rights of PINK LEMONADE on feedback received from Users: To clarify, PINK LEMONADE may at its discretion, make any modifications or changes to the Website, Content and /or Services on the basis of such feedback. However, PINK LEMONADE shall not be obliged to do so. Further, in the event that PINK LEMONADE makes any changes or modifications to the Website, Content and /or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to PINK LEMONADE, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, content and /or Services, in perpetuity.
Waiver: No failure or delay by a party in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.
Principal to principal relationship: You and PINK LEMONADE are independent parties, and nothing contained herein shall constitute or be deemed to constitute an agency or partnership or joint venture between the parties.
GOVERNING LAW AND JURISDICTION