Terms And Conditions


Terms of Use And Service of Modern Abaya

Last Updated as of 10th January, 2024

Overview

This website is owned and managed by Modern Abaya (“We”, “Us”, or “Our”). By accessing and using the https://modernabaya.com web site, (the “Website”), you are agreeing to be legally bound by these Terms and Conditions. The terms “you” and “User” refer to anyone who accesses the Website.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”, “Terms of Use”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Use of the Website

ModernAbaya.com hereby grants you a non-exclusive, non-transferable, limited license to access and use the Website for the fees, if applicable, and under the terms set forth below. The Website and the content, including, but not limited to, text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”), displayed on the Website, may be used only for your personal and non-commercial use. Except as otherwise permitted under these Terms and Conditions, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Website or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of ModernAbaya.com. The Content is the exclusive property of ModernAbaya.com or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Website may be registered or unregistered marks of Modern Abaya or others. Nothing contained on this Website should be construed as granting any license or right to use any of the Marks displayed on the Website without the express written permission of Modern Abaya or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other Modern Abaya material, please contact Modern Abaya at support@modernabaya.com. You may not use the Website for any unlawful purpose. You shall honor all reasonable requests by the website to protect ModernAbaya.com's proprietary interests in the website.

General Condition

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Registration

During the registration process, a username and password msut be selected by you and must provide the website with accurate, complete, and updated information. Failing to comply with above conditions will constitute as a breach of this Agreement, which may result in immediate termination of your access.

Changes to Price and Service

Prices for any of our products may/can/will change without notice.

We reserve the right at any time to update or discontinue the any of the Service (or any part or content thereof) provided by us without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Limitation of Liability

You bear full responsibility for the activities conducted in connection with your browsing and utilization of the Website. Should you find dissatisfaction with the Content, the Website, or these Terms of Use, your exclusive remedy is to discontinue the use of the Content and the Website. The Website will not be obligated to compensate you for any damages related to your browsing or use of the Website.

Given the diverse sources contributing to the Content and the potential risks associated with electronic distribution, delays, omissions, or inaccuracies may occur in such Content and the Website. Both the Content and the Website are presented “as is”, without any warranties. Neither the Website nor Modern Abaya provides any assurances or warranties regarding the accuracy, completeness, timeliness, or currentness of, or the results to be obtained from accessing and using the Website, the Website's own content, the other content, nor any material accessible (via a direct or indirect hyperlink or otherwise) through the Website.

The website expressly disclaims all warranties, whether express or implied, including warranties of merchantability or fitness for a particular purpose or use and of non-infringement. Neither the Website nor Modern Abaya will be held liable for any inaccuracy, delay, interruption in service, error, or omission, regardless of cause, or for any damages resulting therefrom. In no event will the website, MdoernAbaya.com, nor any of their third-party licensors be liable for any direct, indirect, special, or consequential damages, including but not limited to lost time, lost money, lost profits, or goodwill, whether in contract, tort, strict liability, or otherwise, and whether or not such damages are foreseen or unforeseen concerning any use of the Website.

The website, its affiliates, agents, or licensors will not be liable to you or anyone else for any loss or injury resulting from the use of the Website, in whole or part, whether caused by negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting, or delivering the Website and any content at the Website or otherwise. In no event will the website, its affiliates, agents, or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such content or the Website. The website assumes no responsibility for the use of third-party software on the website and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software.

Links to Other Websites

Through hypertext or other computer links, you can access websites operated by entities other than the website. These hyperlinks are provided for your reference and convenience only, and the sole responsibility lies with the owners of those websites. It is agreed that the website bears no responsibility for the content or operation of such websites. The website holds no liability to you or any other person or entity for the use of third-party websites. With the exception outlined below, a hyperlink from this Website to another website does not suggest or imply that the website endorses the content on that website or the operator or operations of that site. You are entirely responsible for determining the extent to which you can use any content on any other websites to which you link from the Website.

Products or Services (if applicable)

Certain products or services may be exclusively accessible online through the website. These items may have limited quantities and are eligible for return or exchange solely in accordance with our Return Policy.

We have diligently worked to present the colors and images of our products at the store as accurately as possible. However, we cannot ensure that your computer monitor will accurately display every color.

While we retain the right, we are not obligated, to restrict the sales of our products or services to specific individuals, geographic regions, or jurisdictions. This right may be exercised on a case-by-case basis. We also hold the authority to limit the quantities of any products or services we offer. Descriptions of products or pricing are subject to change without notice at any time, solely at our discretion. We reserve the right to terminate the availability of any product at any time. Any offer for a product or service on this site is deemed void where prohibited.

We do not guarantee that the quality of any products, services, information, or other materials acquired by you will meet your expectations, or that any errors in the Service will be rectified.

Some products will be available for a single time. They will not be restocked once sold. This is due to the limited availability of the product.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Additional Legal Terms

This Agreement will remain in effect until terminated by either party. Termination can be initiated by either party through notification via telephone or electronic mail. ModernAbaya.com reserves the right to discontinue or modify the Website or its accessibility to you at any time. This Agreement encompasses the entire understanding between the parties regarding the Website, superseding any prior agreements, whether oral or written.

The website's failure to enforce strict compliance with any term of this Agreement does not constitute a waiver for any subsequent failure to comply with such term or provision. This Agreement is specific to you, and you are not permitted to transfer your rights or obligations to any other party.

In the event that any provision of this Agreement is deemed invalid or unenforceable under applicable law, the remaining provisions will continue to be valid and enforceable. This Agreement, including your rights and obligations, and any actions arising from it, are governed by the laws of India and are subject to the jurisdiction of the courts of Delhi. All legal proceedings related to this Agreement must be exclusively brought before the courts of Delhi. All rights not expressly granted in this Agreement are reserved.

Modifications to Terms And Conditions

You can review the most current version of the Terms of Service at any time at this page.

Modern Abaya holds the exclusive right, at its sole discretion, to revise, alter, modify, supplement, or remove any part of these Terms and Conditions at any time, without prior written notice to reflect changes in law, or/and our changes in services. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Anti-Hacking Provisions

You explicitly agree not to utilize this Website in any way or for any purpose prohibited by these terms and conditions. Furthermore, you expressly agree not to:

  1. Use the Website for any purpose that violates any law or regulation, or to aid in the violation of any law or regulation.
  2. Use or attempt to use any automated device, program, tool, algorithm, process, or methodology, including but not limited to “deep link”, “scraper”, “robot”, “bot”, “spider”, “data mining”, “computer code”, or any similar manual process, to access, acquire, copy, or monitor any part of the Website or any data or content found on or accessed through the Website without prior express written consent.
  3. Obtain or attempt to obtain materials or information on the Website through any means that have not been intentionally made publicly available, either by public display on the Website or through their accessibility via a visible link on the Website.
  4. Bypass or circumvent any measure implemented to limit or prevent access to the Website or its content.
  5. Violate the security of the Website or attempt to gain unauthorized access to the Website, data, materials, information, computer systems, or networks connected to any server associated with this Website, through hacking, password mining, or any other means.
  6. Interfere or attempt to interfere with the proper functioning of the Website or any activities conducted on or through the Website, including accessing any data, content, or other information before it is intended to be available to the public on the Website.
  7. Take or attempt any action that, at the sole discretion of the operators of this Website, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or its infrastructure.

Communication

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at support@modernabaya.com.

Modern Abaya, 148 Basti Hazrat Nizamuddin, 110013, New Delhi, Delhi, India