These terms were last updated on 09 November 2007.
Intellectual Property Protection
The contents and design of the Site and any material e-mailed to you or otherwise supplied to you in conjunction with the Site (such contents, design and materials being collectively referred to as the "Pawan's Boutique Content"), are copyright of Pawan's Boutique. You may not use or reproduce or allow anyone to use or reproduce any trade marks (such as "Pawan's Boutique " name and logo or other trade names appearing on the Site) for any reason without written permission from Pawan's Boutique . The software which operates the Site is proprietary software and you may not use it except as expressly allowed under these Terms. You may not copy, reverse engineer, modify or otherwise deal with the software.
Use of Pawan's Boutique Content
You may retrieve and display Pawan's Boutique Content on a computer screen or (if expressly authorised) mobile telephone, print individual pages on paper (but not photocopy them) and store such pages in electronic form on your mobile telephone for your personal, non-commercial use. Except as expressly set out above, you may not reproduce, modify or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from Pawan's Boutique :
- reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of Pawan's Boutique Content, or
- modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of Pawan's Boutique Content (including use as part of any library, archive or similar service) without the prior written consent of Pawan's Boutique ,
- remove the copyright or trade mark notice from any copies of Pawan's Boutique Content made under these Terms.
Term and Termination
Pawan's Boutique may, in its discretion, terminate or suspend your access to all or part of the Site (including any right to access and use Pawan's Boutique Content) with or without cause by delivering notice to you.
The rights of termination are in addition to all other rights or remedies of Pawan's Boutique provided in these Terms or by law.
Changes to the Site
Pawan's Boutique reserves the right, in its discretion, to suspend, change, modify, add or remove portions of Pawan's Boutique Content available on the Site at any time and to restrict the use and accessibility of the Site.
Registration, Passwords and Responsibilities
Certain areas of the Site are only open to you if you register. You are solely responsible for the confidentiality and use of and access to Pawan's Boutique Content and the Site using your user name, sign-on password, and/or I.D. You agree to immediately notify Pawan's Boutique if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of Pawan's Boutique Content or the Site. You will provide Pawan's Boutique with accurate, complete registration information (including in particular your e-mail address) and inform Pawan's Boutique of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, Pawan's Boutique reserves the right to monitor and record activity on the Site, including access to Pawan's Boutique Content.
Each registration is for a single user only. You may not share your user name and password with any other person, nor may you share or transfer your subscription. Pawan's Boutique does not permit access through a single name and password being made available to multiple users on a network. Pawan's Boutique may cancel or suspend your access to the Site if you do this without further obligation to you.
The information that you provide about yourself to Pawan's Boutique will only be used in accordance with Pawan's Boutique 's Privacy Statement.
No Warranty, Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Site, Pawan's Boutique makes no warranty, express or implied concerning Pawan's Boutique Content, the Site, software or products or services available through the Site (the "Site Services"), which are provided "as is". Pawan's Boutique expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will Pawan's Boutique , its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if Pawan's Boutique has been advised of the possibility that such damages may arise. Pawan's Boutique does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are year 2000 compliant or free from viruses or other contaminating or destructive properties.
In no event will any liability of Pawan's Boutique , its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services or breach of these Terms by Pawan's Boutique exceed the amount, if any, paid by you to Pawan's Boutique in respect of the particular Site Service to which the claim relates.
Upon Pawan's Boutique 's request, you agree to defend, indemnify and hold harmless Pawan's Boutique from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
Pawan's Boutique , its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Pawan's Boutique Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms. Pawan's Boutique may, in its discretion, change these Terms (including those relating to your use of Site and/or Pawan's Boutique Content). When Terms are changed, Pawan's Boutique will notify you by email or by publishing details of those changes by including them in these Terms. If you use the Site after Pawan's Boutique has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Site any further after they are published. Access to certain Pawan's Boutique Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites. Parts of the Site may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Pawan's Boutique is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Site may contain links to other web sites. Pawan's Boutique is not responsible for the availability of these web sites or their contents.
Assignment of Agreement. This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by Pawan's Boutique .
Non-Waiver. No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices. Notices to Pawan's Boutique must be given in writing by letter and sent to Pawan's Boutique (for the attention of the General Counsel).
Severability/Survival/Statute of Limitations. If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Delhi, India, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement. Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings. Headings in these Terms are for convenience only and have no legal meaning or effect.
Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Indian law. The parties irrevocably agree that the courts of India shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Indian courts.
For the exclusive benefit of Pawan's Boutique , Pawan's Boutique shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.