Terms of service
WELCOME TO OUR WEBSITE!
The Deccan Label welcomes you. We invite you to access and use our Website under these Terms and Conditions. Please read these terms carefully before using our Website.
Last updated: August 21, 2023
This Terms and Conditions Agreement discloses the Terms and Conditions of www.thedeccanlabel.com (hereinafter: the “Website”), owned by Aparna Paidimarri d/b/a The Deccan Label, a Company in the Province of Ontario (hereinafter: the “Company”). By accessing or using our Website, you hereby agree to be bound by the Terms and Conditions incorporated herein and to our Disclaimers and Privacy Policy. If you do not expressly agree to all of the Terms and Conditions outlined herein, then please do not access or use our Website.
The material appearing on this Website is provided as either information about the Company’s self-promotion, blog, and/or services. The owner of this Website, and its directors, agents, employees, and affiliates assume no responsibility or liability for any consequence resulting directly or indirectly from any action or inaction you take based on the information found on, or material linked to, on this Website.
To access or use our Website, you must be 18 years of age or older and have the requisite mental capacity to enter into the Terms and Conditions Agreement. By using this Website, you represent that you are at least 18 years old and agree to be bound by the Terms and Conditions under this Agreement.
ACCEPTANCE OF TERMS:
1.1 The following Terms and Conditions Agreement is a legally binding agreement that shall govern the relationship with the Company’s users and others which may interact or interface with the Company, the Website, and the Company’s subsidiaries and affiliates. Your access to and use of this Website signifies your acceptance and agreement of the Terms and Conditions.
LANGUAGE:2.1 The following terminology applies to these Terms and Conditions, Privacy Policy and Disclaimer Notice: “Client”, “Customer”, “User” “You” and “Your” refers to you, the person using this Website. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to the Company.“Party”, “Parties”, or “Us”, refers to both the Client and the Company. Any use of the above terminology or other words in the singular, plural, capitalization, and or he/she/they, are taken as interchangeable and therefore referring to the same.
FOR INFORMATIONAL PURPOSES ONLY:3.1 Any and all information by or on this Website is provided for promotional or informational purposes only and is not to be relied upon as a professional opinion whatsoever. This includes all digital content, including but not exhaustive of, email, blog, podcasts, events, any and all social media, including, but not limited to: Instagram, Facebook, LinkedIn, webinars and other content, whether or not they are available for purchase, as resources or education and/or informational use only. All aforementioned content does not constitute professional advice and is not guaranteed to be accurate, complete, reliable, current or error-free. By using this Website, you accept and agree that following any information or recommendations provided therein and all channels of digital content is at your own risk.
COPYRIGHT:4.1 All materials created by the Company on the Website are protected by copyright laws as original works. The absence of a registered copyright symbol does not mean that such materials are not protected as belonging to the Company.
LICENSE OF INTELLECTUAL PROPERTY:5.1 Unless otherwise stated, the Company and/or its licensors own the property rights for all material on the Website, any products sold through the Website, as well as any and all materials on accompanying social media platforms, including, but not limited to all social media accounts outlined herein. All intellectual property rights are reserved. If we have materials on the Website that you can download, permission is granted to download copies of said materials for personal, non-commercial transitory viewing only.
5.2 This is the grant of a license, not a transfer of title. Under this License the User may access the Website for personal use, but the User may not:
(i) Modify, copy, republish, reproduce, or redistribute the Website materials;
(ii) Use the Website materials for any commercial purpose, including but not limited to: sell, rent, sub-license, or use for any public display (commercial or non-commercial);
(iii) Transfer the Website materials to another person or ‘mirror’ the materials on any other server.
5.3 If such behaviour, as outlined above, is discovered or suspected, this license shall automatically terminate if confirmed as a violation of any of these restrictions. The Company reserves the right to immediately revoke your access to the Website and cancel any future purchases, without refund, and reserve the right to prosecute any actionable infringement or misuse to the full extent of the law. Upon terminating your viewing of these materials or upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
5.4 The Company further reserves the right to request that you remove all links or any particular link thereof, linking to our Website. You accept to immediately remove any and all links upon request.
5.5 Any requests for written permission to use any content posted on this Website must be expressly made before you use any such content, and may be made by sending an email with your written request to: thedeccanlabel@gmail.com.
LIMITED LICENSE TO YOU FOR USE OF PRODUCTS:6.1 The User understands that in viewing or purchasing any product on this Website, that the User is gaining access to view all content and information available as part of the material provided for by the Website, as well as any additional information or content shared with them by the Company. The User understands this means they will have been granted a limited, revocable, non-transferable license to read and use the information provided for use in their business and life, as instructed or allowed by the Company. As a “Licensee,” the User understands and agrees that the User will not: (i) copy, edit, distribute, duplicate or steal any information or any content obtained through any viewing any imaging or video content on this Website, without written permission by the Company; (ii) post, distribute, copy, steal or otherwise use any portion of the program on this Website, or it’s content without written permission by the Company, and understand that any such use may constitute infringement, which may give rise to a cause of action against the User; (iii) share purchased materials, information, content with others who have not purchased them; and (iv) the User further acknowledges and understands that any such actions including but not limited to those outlined above will likely constitute an infringement and/or theft of our work, and a violation of this Agreement and applicable law.
- LINK TO THIRD PARTY WEBSITES:
7.1 This Website may contain links to third-party websites and/or resources, which are not maintained by or related to us. All such linked websites, materials and pages are not under the control of the Company and the Company is not responsible for the content contained in any linked websites nor for any losses or damages, you may incur as a result of the use of any such website. You acknowledge and agree that the Company is not responsible for the availability of such links, resources and content, and does not endorse, and is not responsible or liable for, any content, advertising, products, or other materials made available to or from these linked websites. You understand that the Company accepts no liability, directly or indirectly, for any errors, damages, or omissions contained in third-party websites. The intended purposes of the links provided are to improve your use of the Website, to enable you to connect with the Company on various platforms, and to help the Company offer their products and conduct transactions.
- SOCIAL MEDIA GUIDELINES:
8.1 The Terms and Conditions of this Website extend to the use of social media platforms as outlined herein and any and all reviews or comments regarding your use of the products or information from, on or through the Website. The Company requests you follow and adhere to the following guidelines:
(i) The Company reserves the right to remove, block, and/or delete any comments that may be construed as bullying, name-calling, foul language, or contrary to the Website's intended conversation of positivity, education and encouragement.
(ii) By using any and all social media platforms, you verify that all information submitted is accurate and factual. Negative comments and/or complaints posted by you may be construed as claims about the Company and may be subject to legal claims.
(iii) You further agree to privately contact the Company with any concerns or suggestions prior to, and in replacement of, posting publicly.
COMMUNICATION9.1 The Customer must communicate with the Company via email for any questions and concerns. Emails should be sent to thedeccanlabel@gmail.com. The Company will respond to all Customer communication via email within seven 7 business days.
FEEDBACK, COMMENTS AND TESTIMONIALS:10.1 With your prior permission, you agree that the Company has the right to use your feedback whether in the form of emails, submissions, surveys, comments, discussions on the product and/or product-related forums, calls, or otherwise, for the purpose of marketing or promoting the Company, and products. You understand that any comments posted on this Website or on our social media channels/profiles reflect the views and opinions of that person who made said posts and not the views and opinions of the Company. The Company reserves the right to comment, delete and or edit any comment or posts made on this Website or on our social media channels/profiles.
SHARED INFORMATION NOT CONFIDENTIAL OR PRIVILEGED:11.1 You understand that any information you provide or share with us directly or indirectly, by use of this Website will not be treated as confidential or privileged. Also, any expressed opinion by another user is his or her own and should not be considered as reflecting the opinion of the Company.
PURCHASE POLICY:12.1 If you purchase a program, product or service from us, you may also enter one or more separate Agreement(s) with the Company and will be subject to the terms outlined in the Terms and Conditions and any accompanying agreements (that may include a Terms of Purchase or Private Client Agreement). You agree to be bound by all agreements and abide by the contents therein. All products sold on or through this Website will be subject to the Terms and Conditions and Terms of Service.
SHIPPING POLICY:13.1 All orders will be processed within five 5 business days from the date of purchase and shipped to the Customer according to the shipping information provided at Checkout. Any faulty information provided by the Client, even if without their knowledge, may result in the package not arriving at the appropriate destination. Additional costs associated with retrieval of the package will be the responsibility of the Customer. All orders are shipped from Canada and will be subject to regular postage delivery times.
13.2 The Company advises the Customer that shipping and processing times may be extended in the event the Company is experiencing a high volume of orders. The Company may, at its option, contact the Customer at the email provided at checkout to inform of any significant processing and shipping delay(s).
13.3 The Customer may elect to add postal tracking to their order at an additional cost as determined at the time of checkout. The Customer understands the Company shall not be responsible to add any tracking information to the Customer’s order without the Customers election. The Customer understands that tracking does not guarantee the Customer’s package will be delivered by a certain date. If the Customer does not wish to add postal tracking to their order, the Customer will forfeit the right to customer support assistance provided by the Company in the event of order loss, non-delivery of order, or damage to Product by the shipper.
13.4 In the event the Customer’s package contained a tracking number and has become lost, the Customer may email the Company. The Company will make commercially reasonable attempts to retrieve the package from Canada Post to return to the Customer. If the Company is unable to retrieve the package, the Company will provide the Customer with a store credit equal to the price of the Product(s) in the order.
13.5 For Customers located within thirty 30 kilometers of the Company’s Downtown Toronto office, the Company may offer in-store order pick-up or drop-off delivery.
- For in-store order pick-up the Customer must contact the Company and receive email confirmation prior to selecting in-store order pick-up at checkout. The Customer and the Company will schedule a mutually agreeable time for in-store pick-up. In the event that an order is scheduled to be picked-up and the Customer fails to retrieve the package in time, the Company reserves the right to charge a fee to cover any additional costs for the failure to pick-up.
- For drop-off delivery the Customer must contact the Company and receive email confirmation prior to selecting drop-off delivery at checkout. The Customer and the Company will schedule a mutually agreeable time for delivery. In the event that the order is scheduled to be dropped-off and the Customer fails to retrieve the order, the Company reserves the right to charge a fee to cover for any additional costs for the failure to be available for drop-off.
13.6 If the Customer’s package arrives damaged, the Customer may email the Company with photos evidence of such damage for Company assessment. If the damage has been caused by the Shipper, the Company will contact Canada Post and process a return. If the damage is as a result of a faulty Product sent by the Company, the Company will send the Customer a replacement product. Any damage incurred to the Product as a result of wear by the Customer will render the Product ineligible for return.
13.7 If you would like to know more about our shipping policy please contact us at: thedeccanlabel@gmail.com.
REFUNDS:
14.1 If for any reason the Customer would like to return the Product, the Customer can email the Company’s customer support team at thedeccanlabel@gmail.com within thirty 30 days from the date of purchase.
14.2 Any and all returned Product(s) must be unworn, unwashed, and all garment tags must remain attached. All returns will be subject to inspection by the Company. If the Company concludes that the Products are in alignment with this section, the Company will issue a confirmation. The Customer may select either (a) a full return of the value purchased or (b) a store credit option for the value purchased for the return. Refunds and/or store credit will be issued within fourteen 14 days of confirmation of refund by the Company. Refunds will be made to the source of the original purchase unless otherwise agreed or deemed necessary.
14.3 The Customer may be responsible for transaction fees incurred by the Company when issuing the return.
14.4 The Customer understands that if more than thirty 30 days have passed since the date of purchase, the Customer shall not be eligible for a refund, under any circumstance whatsoever, be it known or unknown now or in the future. By purchasing any products from this Website, the Customer accepts without dispute, the terms of the refund policy herein and waives any and all claims in connection with this refund policy.
RESULTS NOT GUARANTEED:15.1 The Company may share the successful results arising from use of the Website and or its products offered to, its users, or customers. These examples are not to be interpreted as a promise or a guarantee, verbally or in writing, regarding any specific fit or desired visual appearance of any kind. By accessing the Website, and/or use of the products offered herein, you accept, agree and understand that you are fully responsible for your own specific fit or desired visual appearance. We do not guarantee that you will get any specific fit or desired visual appearance, and nothing on the Website, or in the use of the products offered herein, are a promise, warranty or guarantee to you of gaining such results.
TESTIMONIALS:16.1 The Website and extended social media platforms may feature the testimonials from previous clients and/or customers of our products. These are intended to provide readers with comments, feedback, and information from other’s experiences with our products. All testimonials are from actual clients, sharing their real, honest opinions and results from their use of the Website, and products. These testimonials are not to be considered as a guarantee for all Users to expect the same or similar results. Nor do these testimonials guarantee any level of results. The User accepts that by viewing the selected testimonials that the User does not expect the same results, and accepts that results will vary on a case by case basis.
MODIFICATIONS AND CHANGES:17.1 The Company reserves the right, at our sole discretion, to modify, replace or revise the Terms and Conditions for this Website at any time and without notice. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the new Terms, please stop accessing our Website. The Company further reserves the rights to modify, suspend, or discontinue, whether temporarily or permanently, the products, for any reason without notice.
DISCLAIMER:18.1 To the fullest extent permitted by applicable law, all information, or products, provided through this Website are provided “as is” and “as available”, without warranty or conditions of any kind. We cannot guarantee and do not promise any specific fit or desired visual appearance from use of the Website and any products promoted and sold therein. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Terms and Conditions.
18.2 The User accepts that use of this Website will be at their sole risk. To the fullest extent permitted by law, the Company, and its advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers, and contractors disclaim all warranties, expressed or implied, in connection with your use of the Website, or products.
18.3 Further, to the fullest extent permitted by applicable law, the Company makes no warranties or representations about the accuracy, reliability, timeliness or completeness of the Website’s content, the content on any Website linked, or information or any other items or materials on the Website or linked to by the Website.
18.4 Further, you understand and acknowledge that nothing on this Website, or in its products, is intended to take the place of a consultation with any professional or as professional advice in any capacity.
LIMITATION OF LIABILITY:19.1 In no event shall the Company or its affiliates be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) modification, interruption, suspension or discontinuance arising out of the use or inability to view or use the materials or content on the Website, even if the Company has been notified orally or in writing of the possibility of such damage.
19.2 The Company shall not be held responsible for any content that appears on the Website. You agree to protect and defend the Company against all claims that may be interpreted as: libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
19.3 Your decision to visit our Website, use the information contained therein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold the Company harmless from any damages directly or indirectly resulting from your use of Content or Products on our Website or distributed through email, and agree you will not make any claims against us the Company herein.
INDEMNITY:20.1 As a condition of your use of the Website, you hereby release the Company and its directors and affiliates from and against any and all liabilities, expenses (which include legal fees), and damages arising out of claims resulting from, or arising out of your use of this Website.
RELEASE OF CLAIMS:21.1 The User releases any right to claims against the Company to the maximum extent as permissible under applicable law. The User agrees that under no circumstances will the Company be liable to any party for any type of damages resulting or claiming to result from any use of or reliance on our products or content found therein, and the User hereby releases the Company from any and all claims whether known now or discovered in the future.
SEVERABILITY:22.1 If any provision of the Terms and Conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of the Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
GOVERNING LAW:23.1 Any claim relating to the Company Website shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions.
ENTIRE AGREEMENT:24.1 The Terms and Conditions and any other legal notices, policies and guidelines of the Company linked to these Terms and Conditions or contained on this Website constitute the entire Agreement between you and the Company relating to your use of this Website and supersede any prior understandings of the Parties regarding such subject matter. This Agreement may not be amended or modified except by the Company.
CONTACT: If you have any questions about these Terms, please contact us at: thedeccanlabel@gmail.com.