Update on : 21-March-2023

TERMS & CONDITIONS

Welcome to https://navyaonline.com ( referred as “Website” or “Platform”). The website https://navyaonline.com is owned and operated by Navya Fashion Boutique LLC, Abu Dhabi, UAE. ( referred as “Navya Boutique”)

These terms and conditions (“Agreement”) sets forth the general terms and conditions of your use of the website and any of its related products and services (collectively, “Services”).

The Platform is only to be used for your personal non-commercial use and information. Your use of the services and features of the Platform shall be governed by these Terms and Conditions (hereinafter ” Terms of Use “) along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together ” Policies “) as modified and amended from time to time. You may be accessing our Site from a computer or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access

This Agreement is legally binding between you (“User”, “you” or “your”) and Navya Fashion Boutique LLC  ( “we”, “us” or “our”). By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement.

By mere accessing or using the Platform, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING . If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Platform.

If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, please do not use the Platform.

Navya Boutique reserves the unilateral right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If Navya Boutique decides to change the Terms of Use or Policies, Navya Boutique will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Platform following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them.

You acknowledge that this Agreement is a contract between you and Navya Fashion Boutique LLC, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.

PRIVACY PRACTICES

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Navya Boutique in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Navya Boutique.

ACCOUNTS & MEMBERSHIP

If you create an account on the Website, you will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature

If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site in whatsoever nature

This Site is directed to be used by adults only. The user certifies that He / She is more than 18 years age or has the consent of parent or legal guardian.

If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Us’ form provided in main menu or on different pages. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to Navya Boutique.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Navya Boutique’s best interests to do so. If we determine that your conduct or content would tend to damage our reputation and goodwill, we may delete your account and prevent you from re-register for our Services. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

ACCURACY OF INFORMATION

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to availability, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or Services 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 on the Website including, without limitation, pricing information, except as required by law.

We have made every effort to display the color of the products that display on our site as accurately as possible. However, the actual color you see depends on many factors like, but not limited to, photography lighting condition, photography device, image resolution and the display settings of the device you are using. We can’t guarantee the exact color of the product you see on your device since, there is always a chance of minor color/shade difference between the image you see on your monitor and the actual color of the product.

PRICING INFORMATION

Navya Boutique strives to provide accurate product and pricing information; however, errors may occur. Navya Boutique cannot confirm the price of the product until you make the order. Navya Boutique shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product/ service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, Navya Boutique may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and Navya Boutique will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that Navya Boutique accepts your order the same shall be debited to your credit card/ debit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to Navya Boutique’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account.

PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERRED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF NAVYA FASHION BOUTIQUE LLC. Wemay revise and cease to make available any product/ services at any time.

In the event, Navya Boutique is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. Navya Boutique shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

BILLING & PAYMENTS

You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase.

OFFERS

Sale, discount offers on our site or at our boutique is provided by the sole discretion of Navya Fashion boutique LLC.

MODE OF PAYMENT

Payments for the products available on the Site may be made in the following ways:

• Cash On Delivery option (available throughout UAE).
• Payments from Credit Cards, Debit Cards, Net Banking and Wallets are not supported at this moment.

CANCELLATION, EXCHANGE AND REFUND

Please refer to our Cancellation, Exchange and Refund Policy provided on our Site.

SHIPPING AND DELIVERY

Please refer to our Shipping Policy provided on our Site, as amended from time to time.

BACKUPS

Daily backup of our website and its database is done by the site hosting provider. In the event of any downtime due to software glitches or data corruption due to any update, we will restore the site from latest backup available to minimize the impact and downtime.

CHAT FUNCTIONALITY

The Chat Functionality (WhatsApp messenger) has been provided to help you with any and all Site related queries. Any use of this service shall be subject to the following conditions:

• Navya Boutique may suspend the chat service at any time without notice.
• Navya Boutique or its employees are not responsible for any delay caused in attending to or replying to the queries via chat.
• Communication through chat may be stored by Navya Boutique for future reference, and the user of such service will not have the right to access such information at any future date.
• While ‘chatting’ you may not communicate any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
• The chat service is exclusively for communicating with us regarding our products only. This feature should not be used to sell any products to us, to give suggestion on business opportunity or any other form of solicitation.
• You may proceed further and chat with us only if you agree to the above terms and conditions.

THIRD-PARTY SERVICES

If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against Navya Boutique with respect to such other services.

Navya Boutique is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective platforms. By enabling any other services, you are expressly permitting Navya Boutique to disclose your data as necessary to facilitate the use or enablement of such other service

SITE SECURITY

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

1. Accessing data not intended for you or logging onto a server or an account which you are not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;”
4. Sending unsolicited email, including promotions and/or advertising of products or services; or
5. Forging any header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability

Navya boutique is entitled to investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Navya boutique on this Site and other than generally available third-party web browsers (e.g., Mozilla Firefox, Chrome, Microsoft Edge).

PROHIBITED USES

In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:

• For any unlawful purpose.
• To solicit others to perform or participate in any unlawful acts.
• To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• To submit false or misleading information.
• To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website and Services, third party products and services, or the Internet.
• To spam, phish, pharm, pretext, spider, crawl, or scrape.
• For any obscene or immoral purpose.
• To interfere with or circumvent the security features of the Website and Services, third party products and services, or the Internet.

We reserve the right to terminate your use of the Website and Services for violating any of the prohibited uses.

INTELLECTUAL PROPERTY RIGHTS

The site https://navyaonline.com, Navya Fashion Boutique LLC name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as “Marks” ) of Navya Boutique. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Navya Boutique or others, are the intellectual property of their respective owners, and Navya Boutique shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Navya Boutique and its suppliers expressly and exclusively reserve all the intellectual property rights in all text, programs, products, processes, technology, content, software and other materials, which appear on this Site, including its looks and feel. The compilation (meaning the collection, arrangement and assembly ) of the content on the Site is the exclusive property of Navya Boutique.

All materials, including images, text, illustrations, designs, icons, photographs and other materials that are part of this Site (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 Site for your personal use only. We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page or product page of the Site for personal, non-commercial use only. The Contents and software on this Site are to be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, re-publication, display, or performance, of the Contents on this Site is strictly prohibited.

REPRESENTATIONS AND WARRANTY

This Site is provided to you “AS IS” and “AS AVAILABLE” basis and that your use of the Website and Services is solely at your own risk. We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. Navya Boutique shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site.

You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site.

Navya boutique shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Navya boutique does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY

The site is presented “AS IS” and “AS AVAILABLE”. Neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.

You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) Interruption of business; (b) Access delays or access interruptions to the site; (c) Data non-delivery, loss, theft, mis delivery, corruption, destruction or other modification; (d) Loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) Viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) Any inaccuracies or omissions in content; or (g) Events beyond the reasonable control of Navya Boutique. We make no representations or warranties that defects or errors will be corrected.

To the fullest extent permitted by applicable law, in no event will Navya Fashion Boutique LLC , its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages, to the maximum extent permitted by applicable law. The aggregate liability of Navya Fashion Boutique LLC and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to and in no event shall exceed any amounts actually paid in cash/card by you to Navya Boutique. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.

You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than ONE (1) month after the cause of action relating to such claim or action arose. if you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. we have no other obligation, liability, or responsibility to you.

INDEMNIFICATION

You agree to indemnify and hold Navya Fashion Boutique LLC and its affiliates, owners, directors,  employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.

SEVERABILITY

All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

DISPUTE RESOLUTION

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of United Arab Emirates.

Any dispute related in any way to your visit/ use of this website or to the products you purchased from this website shall be arbitrated by the applicable laws of United Arab Emirates. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Abu Dhabi, United Arab Emirates, and you hereby submit to the exclusive jurisdiction of such courts.

CHANGES & AMENDMENTS

We reserve the right to modify this Agreement or its terms relating to the Website and Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do, we will post a notification on the main page of the Website and amend the latest date on this page. Continued use of the Website and Services after any such changes shall constitute your consent to such changes.

ACCEPTANCE OF THESE TERMS

You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Website and Services.