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Terms of service

Please read this agreement ("Agreement") carefully before accessing or using this web site ("Site"). By accessing or using the Site, you agree to be bound by this Agreement. opalluxuries.com its consultants, authors and suppliers provide the information and services (''Services'') on this Site to you, the User, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of these Sites constitutes your agreement to all such terms, conditions and notices. The information and Services offered on this Site are provided with the understanding that neither opalluxuries.com nor its suppliers are engaged in rendering legal or other professional Services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site. opalluxuries.com, its consultants, authors and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Services or other materials on this Site. While opalluxuries.com strives to keep the information on this Site accurate, complete and up-to-date, opalluxuries.com and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

What Personal Information About Customers Does opalluxuries.com gather?

The information we learn from customers helps us personalize and continually improve your shopping experience at opalluxuries.com. Here are the types of information we gather.

  • Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, fulfilling orders, customizing future shopping for you, improving our store features, and communication with you.
  • Automatic Information: We receive and store certain types of information whenever you interact with our website. For example, like many web sites, we sometimes use "cookies," and we obtain certain types of information when your Web browser accesses our website.

E-mail Communications:

To help us make e-mails more productive to improve service and your shopping experience, we sometimes send you newsletters of our services and products, notifications of changes to our policies, and order confirmations. If you do not want to receive e-mail from us, other than order notifications and receipts, please adjust your "Subscription" preferences by logging into your account.

PERSONAL AND NON-COMMERCIAL USE LIMITATION:

PROHIBITED USES

You may access, download and print materials on this Site for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of Users, databases or other lists, products or Services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of Users or other information. If and when requested by opalluxuries.com, you agree to provide true, accurate and complete User information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the prior written permission of opalluxuries.com, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.

PROPRIETARY RIGHTS

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by opalluxuries.com, its affiliates or its suppliers. © Copyright opalluxuries.com, 2018-2019. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on this Site is permitted without the prior written permission of opalluxuries.com.

TRADEMARKS

opalluxuries.com and other opalluxuries.com logos, product and service names are trademarks owned by/licensed to opalluxuries.com, or its affiliates (the "Marks"). Without the prior written permission of opalluxuries.com, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to opalluxuries.com that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the opalluxuries.com Site/Services in any manner which could damage, disable, overburden, or impair any opalluxuries.com Site/Services (or the network(s) connected to any opalluxuries.com Site/Service(s)) or interfere with any other party's use and enjoyment of any opalluxuries.com Site/Service(s). You may not attempt to gain unauthorized access to any opalluxuries.com Site/Services, other accounts, computer systems or networks connected to any opalluxuries.com Site/Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the opalluxuries.com Site/Services. If you violate any of these terms, your permission to use the Site automatically terminates and you may be subjected to criminal and civil liability.

ELIGIBILITY

You warrant that you are at least eighteen (18) years of age and possess the legal authority to enter into this agreement and to buy items and use any other Services offered on this Site in accordance with all terms and conditions herein. If you are buying goods or using the Services, you further warrant that you have legal authority to enter into other binding agreements for the purchase of goods or use of Services. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree and undertake to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number is correct and accurate.

MEMBER ACCOUNT, PASSWORD AND SECURITY

If a particular opalluxuries.com Site/Service requires the User to open an account, the User must complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. The User then will choose a password and a User name. The User is entirely responsible for maintaining the confidentiality and secrecy of his/ her password and account. Furthermore, the User is entirely responsible for any and all activities that occur under his/ her account. The User agrees to notify opalluxuries.com immediately of any unauthorized use of the account or any other breach of security. opalluxuries.com will not be liable for any loss that the User may incur as a result of someone else using the User's password or account, either with or without User's knowledge. However, the User shall be held liable for losses incurred by opalluxuries.com or another party due to someone else using the User's account or password. The User may not use anyone else's account at any time, without the prior written permission of the account holder.

LIABILITY DISCLAIMER

You use this Site at your own risk. If your use of this Site or the materials therein results in the need for servicing or replacing property, material, equipment or data, neither opalluxuries.com nor its affiliates are responsible for those costs.

changes are periodically made and added to opalluxuries.com site and to the information herein. opalluxuries.com, its affiliates and/or its respective suppliers may make improvements and/or changes in this site at any time. all information, products, and services are provided "as is" without warranty of any kind. in no event shall opalluxuries.com, its affiliates and/or its suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages including but not limited to loss of use, revenue or profit arising out of or in any way connected with the use of this site or with the delay or inability to use this site, or for any information, products and services obtained through this site, or otherwise arising out of the use of this site, whether based on contract, tort, negligence, strict liability or otherwise, even if opalluxuries.com, its affiliates or any of its suppliers has been advised of the possibility of damages. because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. if you are dissatisfied with any portion of the opalluxuries.com site/ services or with any of these terms of use, your sole and exclusive remedy is to discontinue using the opalluxuries.com site/ services. the opalluxuries.com site contains facts, views, opinions, statements and recommendations of users of the opalluxuries.com site, advertisers, third party information providers and organizations. the opalluxuries.com site does not represent or endorse the accuracy, completeness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the site. you acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. opalluxuries.com makes no warranty or representation whatsoever regarding the site or any content, advertising, services or products provided through or in connection with the site. you acknowledge that any use of such content, advertising, services or products provided through or on the opalluxuries.com site shall be at your sole risk. opalluxuries.com expressly states that opalluxuries.com shall not be responsible or held liable for any content, advertising, services or products provided through or in connection with the site.

opalluxuries.com expressly disclaims any and all warranties, express or implied, including, without limitation:

  • 1. any warranties as to the availability, accuracy, completeness or content of information, products or services which are part of the opalluxuries.com site
  • 2. warranties or fitness for a particular purpose, or merchantability or workman effort or title or against infringement. in no event will opalluxuries.com, its affiliates, licensors, employees, agents or contractors, be liable to you for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the opalluxuries.com site, its public posting bulleting boards, its content or any errors or omissions in its content, even if advised of the possibility of such damages. the products, consultations and services offered on opalluxuries.com are not to be understood as a substitute for the accurate and appropriate medical or psychological assessment, diagnosis or treatment prescribed in a one-on-one relationship with a physician or mental health professional. opalluxuries.com does not dispense medical or psychological treatment or prescribe the use of any technique as a form of treatment for physical, emotional or medical problems as an alternative to the advice of a physician or mental health professional. if you have, or feel you have, a mental, emotional or physical illness, or if your situation could be serious or life-threatening, you should contact a physician or mental health provider immediately.
  • 3. any service will be uninterrupted, timely, secure or error-free.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless opalluxuries.com, its parents, subsidiaries, affiliates and suppliers, officers and employees from any liability, loss, claim, demand, damage and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

DISCLOSURE

opalluxuries.com reserves the right to disclose any personal information about you or your use of the opalluxuries.com Site/Services, including its contents, without your prior permission if opalluxuries.com has a good faith belief that such action is necessary to:

  • Conform to legal requirements or comply with legal process.
  • protect and defend the rights or property of opalluxuries.com or its affiliated companies
  • Enforce the terms or use; or
  • Act to protect the interests of its members or others.

opalluxuries.com's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of opalluxuries.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the opalluxuries.com Site/Services or information provided to or gathered by opalluxuries.com with respect to such use. opalluxuries.com has the right in its sole discretion to edit, refuse to post or to remove any information or materials, in whole or in part.

PRIVACY POLICY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of your privacy as a very important community principle. We understand clearly that you and your Information is one of our most important assets. We store and process your Information on computers located in India and abroad that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use the Website.

USE OF SERVICES:

The opalluxuries.com Site/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). opalluxuries.com has no obligation to monitor the Communication Services. However, opalluxuries.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. opalluxuries.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

CAVEAT:

opalluxuries.com undertakes no obligations for confidentiality of information provided by you and you would do so entirely at your sole risk. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. opalluxuries.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, opalluxuries.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized opalluxuries.com spokespersons, and their views do not necessarily reflect those of opalluxuries.com. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO opalluxuries.com OR POSTED AT ANY opalluxuries.com'S SITE

opalluxuries.com does not claim ownership of the materials you provide to opalluxuries.com (including feedback and suggestions) or post, upload, input or submit to any opalluxuries.com Site/Service or its associated services for review by the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting opalluxuries.com, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. opalluxuries.com is under no obligation to post or use any Submission you may provide and opalluxuries.com may remove any Submission at any time in its sole discretion.

LINKS TO THIRD PARTY SITES

This Site may contain hyperlinks to web sites operated by parties other than opalluxuries.com, or its affiliates. For example, clicking on a category in the Features section on opalluxuries.com may bring you to a site operated by a party independent of opalluxuries.com, or its affiliates. Such hyperlinks are provided for your reference only. opalluxuries.com does not control such web sites, and is not responsible for their contents, including without limitation any link contained in the hyperlinks or any changes or updates of hyperlinks. Inclusion of hyperlinks by opalluxuries.com to such web sites does not imply any endorsement of the material on such web sites or any association with their operators, and you access and use such sites, including information, material, products and Services therein, solely at your own risk. opalluxuries.com shall not be responsible for webcasting or any other form of transmission received from any hyperlink nor is opalluxuries.com responsible, if the hyperlink is not working appropriately.

Furthermore, because our privacy policy is applicable only when you are on our Site, once linked to another web site, you should read that site's privacy policy before disclosing any personal information.

opalluxuries.com shall not be responsible for any dealings with third parties (including advertisers) included within the opalluxuries.com Site/Services or participation in promotions, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, as these dealings are solely between the User and the advertiser or other third party.

CHANGES TO SITE

opalluxuries.com, its affiliate’s consultants, authors and/or its suppliers reserves the rights to make improvements or changes in the information, Services, products, and other materials on this Site including but not limited to changes associated with the use of Site, or terminate this Site, at any time without notice. opalluxuries.com, may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

ELECTRONIC COMMUNICATIONS

When you visit the Website 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 email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COLORS

We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

GENERAL TERMS AND CONDITIONS:

  • opalluxuries.com shall provide the Services / merchandise only after the receipt of 100% payment in advance.
  • After receipt of advance payment, if any of the services offered by opalluxuries.com could not be undertaken for reasons not attributable to the User, the advance payment would be refunded to the User subject to any law which may govern such transfer of money. No refund will be permissible if the Services contracted could not be conducted for reasons attributable to the User.
  • Any liability on opalluxuries.com on any account shall be restricted to the value of the service/product in question. opalluxuries.com shall not be responsible for any loss/claim/damage whatsoever beyond this value.
  • Prices quoted by opalluxuries.com for various Services/merchandise include expenses incurred by opalluxuries.com for procuring the Services/merchandise, bank transaction charges, communication charges, etc., except where it is indicated otherwise.
  • Prices quoted in any International Currency are indicative only. However, due to exchange rate fluctuations, the actual price payable by the User may vary from the indicated price. Users are requested to note that this is a requirement of the credit card processing companies, and opalluxuries.com does not have much control over this matter.
  • opalluxuries.com reserves the right to revise the prices at any time at its sole discretion without any notice. However, the User would be liable to pay only at the prices prevailing at the time of acceptance of his order by opalluxuries.com.
  • These General Terms and Conditions (GTC) would be in addition to any other Special Terms and Conditions (STC) which may be specified by opalluxuries.com for any particular service(s).
  • These GTC would be valid for all transactions with opalluxuries.com done through this portal unless specified otherwise for any particular transaction(s).

LANGUAGE OF THE AGREEMENT

It is the express will of the parties that this Agreement and all related documents have been drawn up in English.

GOVERNING LAW

This Agreement shall be governed by, interpreted, and enforced in accordance with the substantive laws of India and disputes arising in respect hereto shall be subject to the exclusive jurisdiction of the relevant courts of Mumbai.

NO AGENCY

This Agreement shall not constitute any party as the legal representative or agent of any other, nor shall any party have the right or authority to assume, create or incur any liability or obligation, express or implied, against, in the name of, or on behalf of another party. Except as may be expressly set forth herein, this Agreement is not intended to create and shall not be construed to create a relationship or partnership, joint venture or association between the parties.

PARTIAL INVALIDITY

If any provision of this Agreement or the application thereof to any person or circumstance is or becomes invalid or unenforceable to any extent, the remainder of this Agreement and the application of such provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. Any invalid or unenforceable provision of this Agreement shall be replaced with a provision which is valid and enforceable and most nearly gives effect to the original intent of unenforceable provision.

LEGAL NOTE

The trademarks, logos and service marks (collectively the "Trademarks") displayed on this site are Trademarks owned or licensed by M/s Opal Luxuries. Nothing on this site should be construed as granting, by implication or otherwise, any license or right in or to the Trademarks without the express written permission of by M/s Opal Luxuries or, if not M/s Opal Luxuries., the owner of the Trademark. In addition, any reproduction, retransmission, modification or use of this site's content for other than personal, non-commercial purposes requires the prior written consent of M/s Opal Luxuries

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our product/ service will be uninterrupted, timely, secure or error-free.

 We do not warrant that the results that may be obtained from the use of the product/ service will be accurate or reliable.

 You agree that from time to time we may remove the product/service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the product/ service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Opal Luxuries, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.