Terms Of Service

Section 1. Introduction.

Welcome to the website of Aathitya Lifestyle LLP, (“Texaura” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference, including, without limitation, our Privacy Policy accessible at https://texaura.in/ (“Privacy Policy”) (collectively, these “Terms of Use”), govern your (“you” or “User”) access to and use of the website located at (https://texaura.com & https://Texaura.in), including any content, functionality, services offered on or through the website located at (https://texaura.com & https://Texaura.in) (the “Website”). These Terms of Use also govern your purchase of any goods or services offered on or through the Website (“Products”).

Section 2. Acceptance of the Terms of Use.

2.1 PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE OR MAKING ANY PURCHASE OF PRODUCTS ON OR THROUGH THE WEBSITE. BY USING THE WEBSITE, MAKING ANY PURCHASE OF PRODUCTS ON OR THROUGH THE WEBSITE, REGISTERING WITH OR CREATING AN ACCOUNT FOR THE WEBSITE, OR CLICKING “ACCEPT” OR CHECKING THE APPLICABLE BOX FOR MANIFESTING ACCEPTANCE OF THESE TERMS OR USE, YOU ACCEPT, AND AGREE TO BE BOUND AND ABIDE BY, THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE.

2.2 This Website is offered and available to users who have reached the age of majority in their jurisdiction of residence. By using this Website, purchasing Products on or through the Website, or registering for an account on the Website, you represent and warrant that you are of legal age to and have the requisite capacity and authority to form a binding contract with Texaura. If you do not meet these requirements, you must not access or use the Website, purchase any Products offered on or through the Website, or register for an account on the Website.

Section 3. Changes to the Terms of Use.

3.1 We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter, including, without limitation, the purchase of Products on or through the Website.

3.2 Your continued use of the Website or purchase of any Products following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website or purchase Products so you are aware of any changes, as they are binding on you.

Section 4. Accessing the Website and Account Security

4.1 We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

4.2 Accounts.

(a) To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You understand that all personal information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

(b) If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

(c) We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Section 5. Intellectual Property Rights

5.1 The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, “look and feel,” and the design, selection, and arrangement thereof), are owned by us.

5.2 These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

5.4 You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. Without limiting the generality of the foregoing, you may not use the Website for benchmarking or purposes competitive with Texaura.

Section 6. Trademarks

Texaura, the associated logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Texaura or its affiliates or licensors. You must not use such marks without the prior written permission of Texaura. All other names, logos, product, and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Section 7. Prohibited Uses

7.1 You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

(a) In any way that violates any applicable federal, state/provincial/territorial, local, or international law or regulation

(b) For purposes other than your personal, non-commercial use.

(d) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

(e) To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.

(f) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” “spam” or any other similar solicitation.

(g) To impersonate or attempt to impersonate Texaura, a Texaura employee, another user, or any other person or entity (including, without limitation, by using e-mail addresses, screen names, and/or social media handles or similar names associated with any of the foregoing).

(h) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm Texaura or users of the Website or expose them to liability.

7.2 Additionally, you agree not to:

(a) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.

(b) Use any robot, spider or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

(c) Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

(d) Use any device, software, or routine that interferes with the proper working of the Website.

(e) Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

(f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

(g) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

(h) Otherwise, attempt to interfere with the proper working of the Website.

Section 8. User Contributions

8.1 The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website or through any social media accounts associated with you or Texaura, including, without limitation, our Facebook, Twitter, Pinterest, Instagram, and YouTube pages and accounts (“Social Media Accounts”).

8.2 All User Contributions must comply with the Content Standards set out in these Terms of Use.

8.3 Any User Contribution you post to either the Website or Social Media Accounts will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or through the Social Media Accounts, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

8.4 You represent and warrant that:

(a) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.

(b) All of your User Contributions do and will comply with these Terms of Use.

8.5 You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Texaura, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

8.6 We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Social Media Accounts.

Section 9. Monitoring and Enforcement; Termination

9.1 We have the right, but not the obligations, to:

(a) Remove or refuse to post any User Contributions for any or no reason in our sole discretion;

(b) Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, the Social Media Accounts, or the public or could create liability for or diminish the reputation of Texaura;

(c) Subject to applicable law, disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;

(d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Social Media Accounts;

(e) Terminate or suspend your access to all or part of the Website or Social Media Accounts for any or no reason, including without limitation, any violation of these Terms of Use.

9.2 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities pursuant to a search warrant or other legally valid inquiry or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Social Media Accounts. YOU WAIVE AND HOLD HARMLESS TEXAURA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

9.3 However, we cannot review all material before it is posted on the Website or the Social Media Accounts, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Section 10. Reliance on Information Posted

10.1 The information presented on or through the Website is made available solely for personal, non-commercial, general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

10.2 This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Texaura, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Texaura. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Section 11. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Section 12. Information About You and Your Visits to the Website

Please review our Privacy Policy (available at https://texaura.in/privacy-policy/) for information on how we collect, use, disclose and otherwise treat personal information.

Section 13. Online Purchases and Other Terms and Conditions

These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

13.1. Listing and display of a Product by us on Website is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on Website by you is your offer to buy the Product(s) from us.

13.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

13.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail and/or mobile confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.

13.4. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

13.5. Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the Website in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

13.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.

13.7. All orders placed on Website are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

13.8. You hereby authorise us to declare and provide declarations to any governmental authority on request on your behalf, including that the Products ordered by you are for personal, non-commercial use.

14. RETURN AND REFUND

Please review the returns and refund policy of Website, which applies to Products sold by us.

15. PRODUCT AVAILABILITY

We list availability information for the Products on the relevant webpage of Website. Beyond what we say on that webpage or otherwise on Website, we cannot be more specific about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by e-mail and/or mobile number if any Products you order turn out to be unavailable or out of stock.

16. PRODUCT PRICING

16.1. All prices are listed in Indian Rupees. Price, as displayed, is inclusive of all applicable taxes.

16.2 The prices displayed do not include taxes, customs duties, or any other applicable fees, including, without limitation, any shipping, handling, insurance, or recycling fees. Any applicable taxes or fees will be communicated to you before you place an order. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel, terminate, or not to process any orders (including accepted orders) arising from such errors or inaccuracies.

17. PAYMENT

Texaura is not a bank, credit union, payment processor, or other financial institution. As such, the Website currently uses third parties to process payments for transactions consummated through this Website. By utilizing the Website to purchase Products you authorize a Payment Processor to charge your credit card or other payment methods. Our third-party Payment Processors accept payments through various credit cards, including Visa, MasterCard, American Express, Internet Banking and UPI, as detailed on the applicable payment screen. Transactions processed via the Website may also be subject to the terms and conditions of the applicable Payment Processor. Financing, should it become available, will be subject to additional terms and conditions. You represent and warrant that (i) the credit card information you supply to such third-party payment processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes if any. Texaura is not responsible for any errors by the Payment Processor.

18 Shipments & Delivery

(a) We will arrange for the shipment of the Products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.

(b) Title and risk of loss pass to you upon delivery of the Products (by us or our manufacturer) to the carrier at the place of shipment. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged or lost shipments.

19 DISCOUNT AND OFFER CODES.

Occasionally and from time to time, Texaura may offer qualified consumers “discount codes,” “promo codes,” “coupon codes,” “gift codes” or “offer codes” through a range of advertisements, promotional programs and other communications efforts (collectively referred to herein as “offer codes”) that are redeemable towards the purchase(s) on our website, or in our retail stores. These offer codes are available only while supplies last and are subject to certain product, minimum price exclusions or any other restrictions as may be determined and communicated by Texaura in its sole discretion. Only valid offer codes provided or promoted by Texaura will be considered valid and honored at checkout. Codes supplied or promoted by third parties unauthorized by Texaura (including any unauthorized third party websites) will not be honored and are not considered valid. Each offer code promoted by Texaura is non-transferable and valid for single use on an item (or items) as determined by Texaura. Offer codes may not be combined with any other offer codes or promotional activities, and are valid only on full-priced products unless stated otherwise. They will not be honored on any items that are marked as “Closeout” or “Final Sale” unless stated otherwise, and may not be used in conjunction with any other promotional programs that may be issued through our retail partners. Customers are limited to the use of a single offer code per order. For online purchases, the code must be entered in the ‘discount code’ field at checkout. Offer codes may or may not be valid for use by customers that elect to finance their purchase through Affirm. Texaura does not accept responsibility for lost, stolen or corrupted codes or any unauthorized use of codes. Offer codes cannot be redeemed for cash or any cash equivalent; no substitutions, “rain checks,” or credits are allowed. The value of any offer code will not be refunded or credited back if any or all of the merchandise is returned which causes the order to no longer meet any restrictions of an offer code used in the transaction. If an offer code provides for a free or discounted item(s) with a qualifying purchase, the full retail value of the free or discounted item(s) will be deducted from any refunded amounts if the free or discounted item(s) are not returned with the qualifying product. Expiration dates may apply to each offer code. Offer codes are void if copied, transferred, sold, exchanged, or expired, and where prohibited.

20. LICENSES

You acknowledge that there may be licenses/permissions required under the applicable laws to use, purchase or otherwise possess certain Product(s). You will be solely responsible for obtaining such licenses/permissions and complying with the terms of such licenses/permissions.

21. TAXES

You shall be responsible for payment of all fees/costs/charges associated with the purchase of Products from us and you agree to bear any and all applicable taxes.

22. ELIGIBILITY

Only persons who can enter into legally binding contracts as per the Indian Contract Act, 1872, i.e., persons who are 18 (Eighteen) years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use Website and place an order with us. If you are a minor i.e., under the age of 18 (Eighteen) years, you may purchase the Product on Website only with the involvement of a parent or guardian.

23. LIMITATION OF LIABILITY

In no event, our aggregate liability, if any, that is proven and ordered by a court of competent jurisdiction pursuant to a claim by you or person acting on your behalf, shall extend beyond the money charged from you for purchases made pursuant to an order under which such liability has arisen and been established. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when a contract for the sale of Product by us to you was formed.

24. AMENDMENTS

We reserve the right to make changes to our policies, and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in force at the time you order Product from us, unless any change to those policies or these Terms of Sale is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

25. FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond our reasonable control.

26. WAIVER

No provision in these Terms of Sale will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

27. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Sale, all transactions consummated between you and us, and our relationship with you is governed by the laws of India, without reference to any conflict of laws principles and with exclusive jurisdiction to the courts of Jaipur.

28. MISCELLANEOUS

28.1. In addition to these Terms of Sale, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Terms of Use.

28.2. These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us, for the purchase of the Product.

Section 29. Limited Product Warranties.

Each Product that is purchased directly from Texaura is covered by the Limited Product Warranties. The Limited Product Warranties are incorporated by reference into these Terms of Use. To the extent there is a conflict between the terms of any Limited Product Warranty and these Terms of Use, the terms of the applicable Limited Product Warranty shall govern.

Section 30. Linking to the Website and Social Media Features

30.1 You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

30.2 As provided in Section 7, we make this Website available to you only for your personal, non-commercial purposes. Without limiting the generality of the foregoing, you may not use or access the Website or purchase Products from it for the purpose of commercial reviews of such Products or inaccurate or untruthful reviews about Texaura, the Website, or the Products.

30.3 This Website may provide certain social media features that enable you to:

(a) Link from your own or certain third-party websites to certain content on this Website.

(b) Send e-mails or other communications with certain content, or links to certain content, on this Website.

(c) Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

30.4 You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

(a) Establish a link from any website that is not owned by you.

(b) Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.

(d) Otherwise, take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

30.5 The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

30.6 You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

30.7 We may disable all or any social media features and any links at any time without notice in our discretion.

Section 31. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Section 32. Disclaimer of Warranties

32.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

32.2 USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TEXAURA NOR ANY PERSON ASSOCIATED WITH TEXAURA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER TEXAURA NOR ANYONE ASSOCIATED WITH TEXAURA REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

32.3 TEXAURA HEREBY DISCLAIMS, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

32.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Section 33. Limitation on Liability

33.1 IN NO EVENT WILL TEXAURA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

33.2 THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Section 34. Indemnification

You agree to defend, indemnify and hold harmless Texaura, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Section 35. Governing Law

To the extent permitted by applicable law, all matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of JAIPUR without giving effect to any choice or conflict of law provision or rule.

Section 36. Dispute Resolution

36.1 Any dispute, claim or controversy among the parties arising out of or relating to these Terms of Use, the Website, or the products and services you purchase on or through it (“Dispute”) shall be finally resolved by and through binding arbitration in accordance with the Federal Arbitration Act to the exclusion of any other Federal, state or municipal law of arbitration. Both the foregoing agreement of the parties to arbitrate any and all Disputes, and the results, determinations, findings, judgments and/or awards rendered through any such arbitration, shall be final and binding on the parties and may be specifically enforced by legal proceedings in any court of competent jurisdiction.

36.2 For any Dispute, the place of Arbitration shall be in Jaipur, Rajasthan.

36.3 The cost of the arbitration proceeding, including, without limitation, each party’s attorneys’ fees and costs, shall be borne by the unsuccessful party or, at the discretion of the arbitrators, may be prorated between the parties in such proportion as the arbitrators determine to be equitable and shall be awarded as part of the award.

36.4 RESTRICTIONS ON ARBITRATION: ALL DISPUTES, REGARDLESS OF THE DATE OF ACCRUAL OF SUCH DISPUTE, SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. ANY DISPUTES YOU MAY HAVE AGAINST TEXAURA, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS YOU HEREBY AGREE TO BIFURCATE AND ARBITRATE AGAINST THEM INDIVIDUALLY IN STATE, RAJASTHAN. YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, AND TO CERTAIN DISCOVERY AND OTHER PROCEDURES THAT ARE AVAILABLE IN A LAWSUIT. YOU AND TEXAURA AGREE THAT THE ARBITRATORS HAVE NO AUTHORITY TO ORDER CONSOLIDATION OR CLASS ARBITRATION OR TO CONDUCT CLASS-WIDE ARBITRATION PROCEEDINGS, AND ARE ONLY AUTHORIZED TO RESOLVE THE INDIVIDUAL DISPUTES BETWEEN YOU AND TEXAURA, ITS AFFILIATES, SUBSIDIARIES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS. FURTHER, YOU WILL NOT HAVE THE RIGHT TO CONSOLIDATION OR JOINDER OF INDIVIDUAL DISPUTES OR ARBITRATIONS, TO HAVE ANY DISPUTE ARBITRATED ON A CLASS ACTION BASIS, OR TO PARTICIPATE IN A REPRESENTATIVE CAPACITY OR AS A MEMBER OF ANY CLASS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION.

36.5 WITHOUT WAIVING THE RIGHT TO APPEAL SUCH DECISION, SHOULD ANY PORTION OF THIS SECTION BE STRICKEN FROM THESE TERMS OF USE OR DEEMED OTHERWISE INVALID OR UNENFORCEABLE, THEN THIS ENTIRE SECTION (OTHER THAN THIS SENTENCE) SHALL BE STRICKEN FROM THIS AGREEMENT AND INAPPLICABLE, AND ANY AND ALL DISPUTES SHALL PROCEED IN THE STATE COURTS LOCATED IN JAIPUR, RAJASTHAN, OR, IF BROUGHT IN A FEDERAL DISTRICT COURT, THE RAJASTHAN DIVISION OF INDIA DISTRICT COURT FOR THE DISTRICT OF JAIPUR AND BE DECIDED BY A JUDGE, ACCORDING TO APPLICABLE COURT RULES AND PROCEDURES, AND NOT AS A CLASS ACTION LAWSUIT.

Section 37. Limitation on Time to File Claims

SUBJECT TO APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR THE PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Section 38. Waiver and Severability

38.1 No waiver of by Texaura of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Texaura to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

38.2 If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Section 39. Entire Agreement

The Terms of Use, and our Privacy Policy constitute the sole and entire agreement between you and Texaura with respect to the Website and the Products supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Section 40. Electronic Communications

When you visit the Website, or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.