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Introduction

Terms and condition of user agreement comprising of rules and regulations and privacy policy are published in compliance with the statutory requirement under the Information Technology Act, 2000 and Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 as applicable and amended from time to time. This Agreement does not require any physical or digital endorsement by signature. By accessing this website https://wildfernsindia.com (“Website”) (whether or not using the services/purchasing the products), you have agreed to the terms and conditions of this Agreement. You may choose not to access the Website if you do not agree with the contents of this Agreement.

Right to make changes to the agreement

We may at any time modify the Terms & Conditions of Use/ User Agreement without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Website. You should regularly review the Terms & Conditions on the Website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using this Website. However, if you continue to use the Website you shall be deemed to have agreed to accept and abide by the modified Terms of the User Agreement.

Copyright and intellectual property

We, our suppliers and licensors expressly reserve all intellectual property rights including but not limited to copyrights, trademarks, design rights etc. in all text, programs, products, processes, technology, content and other materials, which appear on the Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license to use any of our or any third party’s intellectual property rights. All rights, including copyright, in and to the Website are owned by us.

Any use of this website including but not limited to its contents, by way of copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our express permission. You agree, understand and undertake that nothing contained herein grants in your favour any right to modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Spark Multitrade Pvt. Ltd., its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely for the purpose of convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and do not make any representations regarding the content or accuracy of material on such Website. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Spark Multitrade Pvt. Ltd. or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website, is strictly prohibited. Unless otherwise noted, all Contents including the copyrights, trademarks, trade dress and/or other intellectual property on the Website are owned, controlled or licensed by us, one of its affiliates or by third parties who have licensed their materials to us and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Website is our exclusive property and is also protected by Indian and international copyright laws.

Governing Law

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by us and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of Mumbai alone shall have the jurisdiction and the Laws of India shall apply.

Limitation of Liability

You agree, understand and acknowledge that neither we nor any of our affiliates, employees, directors, officers, agents shall be liable/ deemed to be liable to you or to any other person for any direct, indirect, special, incidental or consequential damages of any nature arising out of or in connection with the use of and/or inability to use the Website including but not limited to damages that may be occasioned to you for reasons of loss of data, accuracy of results or computer failure or malfunction. Subject to the foregoing, you specifically agree, understand and acknowledge that in no event will we be liable for any damages in excess of the fees paid by you in connection with your use of the Website.

Termination of accounts/service

This User Agreement shall remain in effect unless and until terminated by us. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website, Such termination will be without any liability to us. Upon any termination of the User Agreement by us, you must promptly destroy all materials downloaded or otherwise obtained from this Website as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any comments/ information shared by you shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.