Terms & Conditions

TERMS AND CONDITIONS

The website www.thefestiveabode.com (“Website”) and the mobile application namely “thefestiveabode” (“App”) are exclusively owned, operated, and maintained by The Festive Abode (hereinafter referred to as “TFA”). This Terms and Conditions (“T&C”) laid down hereunder shall guide the use, access, and browsing of the Website and the App by any user, and it is requested that You shall peruse and understand the T&C in its entirety before proceeding with the use, registration, and surfing of this Website/App.  Any reference to “User”, “You”, “Your” and all grammatical variants denoting similar connotations shall mean and include, unless expressly repugnant to the context, all visitors and users accessing the Website and App, as the case may be, and satisfying the eligibility criteria as laid down below.

  1. ACCEPTANCE
  • By accessing, browsing, downloading, using, or registering on TFA Website or App, You agree to be bound by the T&C as may be amended from time to time. The Last date of amendment has been specified at the end of this agreement, and it is advisable that you stay informed of any changes/amendments as may be brought to the T&C from time to time by TFA.
  • TFA reserves the right to amend, update or modify any of the covenants, terms, conditions laid down under this Agreement at any time. Your access and use of the Website and/or App following any such amendment/modification shall be construed as your acceptance and agreement with all and any such covenants, terms, and conditions, including any such amendment/modification, and to these T&C.
  • In the event you do not accept or agree to these terms as laid down herein (including any changed or modified terms), you may refrain from using or accessing the Website or App, as the case may be. Your use or access, otherwise, shall constitute your express acceptance of all the T&C as laid down hereinbelow.

 

  1. AUTHORIZED USE
  • The services provided by TFA through its Website/ App can be availed by any person atleast 18 years or above or as per the law of the land.
  • You agree to visit our Website/ App for personal use only. You shall not use any material available on our Website/ App for any commercial use.
  • You have not previously been debarred from accessing or using the Website/App by TFA.
  • You agree that you are not using anyone else’s login credentials or any data without prior authorised approval.
  • You agree to use only valid platform/ device/ VPN as permissible under law of the land.
  • You are solely responsible to provide correct information to TFA. In case of any wrong / incorrect information any financial / material loss to you, TFA will not be responsible for such loss/ return, as the case may be.
  • All products, contents and pictures on our Website/ App are the property of TFA and should not be further reproduced/ sell/ rent/ copied for any purpose other than the personal use.

 

  1. PRIVACY
  • This T&C shall be read and interpreted with the Privacy Policy of TFA.
  • TFA may collect general User data including name, email ID, phone number and other contact details for analytical purpose or for any purpose as per this policy. TFA specifically denies to having store / access any financial details of the User. The User understands that such information are absolutely essential for providing the Services, and those shall not in any way be misused by TFA. You understand that such information are required for creating and maintaining your Account with TFA.

 

  1. USE OF THE WEBSITE AND APP
  • On accessing the Website or App, the User shall have the option to create his personal account (“Account”) by entering all requisite personal details of the User. The User shall be solely liable and responsible for maintaining the confidentiality of such account and shall be fully responsible for all activities/transactions conducted from/through such account. TFA shall in no way be liable for any loss, damage, claim, or any other liability because of any incident occurred as a consequence of the User’s non-compliance with this Clause and failure to maintain confidentiality and responsibility of your Account.
  • By using or accessing the Website or App, You agree NOT to engage in the following activities:
  1. Using or accessing the Website/App or TFA’s Services for any purpose other than Your personal purposes;
  2. Using or accessing the Website/App for any unlawful, illegal, or immoral purposes, or with the intention to defraud;
  3. Committing any act while using/accessing the Website/App, which is in violation of any terms, conditions, covenants, or obligations under this T&C;
  4. Impersonate any person or entity, or falsely claim or otherwise misrepresent Your affiliation with any person or entity;
  5. Interfere or attempt to interfere with the proper operation of TFA’s Services, hack or illegally access any user data from the Website/App, or make any material change in the Website/ App without the prior permission of the TFA;
  6. Access the Accounts of any other person without prior consent or perform any other like activities which are fraudulent, deceitful, and prohibited under the laws in force in India;
  7. Copy, adopt, or use without authorization, any content or material available on the Website/App, or infringe, in any way, the Intellectual Property Rights belonging to the TFA;
  8. Interfere with TFA’s provision of its Services with any User, in any manner;
  9. Provide false, misleading, or inaccurate information, or availing, or attempting to avail the Services of TFA by providing such false, misleading, or inaccurate information;
    • In addition to all these prohibitions, You agree to refrain from committing any act which may be against the moral interests of TFA, or which may prejudice the TFA in any way.

 

  1. COOKIES

TFA employ the use of cookies to enable the functionality of the Website/ App and ease of each user visiting the Website/ App. By using TFA’s Website/ App you consent to the use of cookies in accordance with TFA’s policy.

 

  1. TRANSACTION

All transactions undertaken by TFA shall be strictly based on the information furnished by You to TFA. You agree and understand that any failure in carrying forward of any such transaction due to any incorrect information given by You shall not make the TFA liable in any manner.

  1. DISCLAIMER

 

  • The User understands and acknowledged that any and all contents/ information/ hyperlinks available on the Website and/or the App, except those specifically relating to the Services of the TFA, are not warranted or represented to be correct or accurate, and the User is advised to verify any such information from proper sources before acting upon any of them.
  • TFA disclaims any liability relating to any loss, damage, or injury (if any) suffered by the User by doing any act on the basis of any such information available on the Website/App. TFA shall not be liable for any such act undertaken by the User on the basis of any such information, nor shall it be liable for any loss or injury suffered by the User in pursuance thereof.

 

  1. NO WARRANTIES

 

  • TFA specifically deny giving any warranty and representation relating to the following:
  1. That the services provided by TFA, through its App and Website, shall be always un-interrupted or glitch-free.
  2. That the access to, use of, and download of the App or Website shall be free from any Virus or Malware or other malicious applications;
  3. That the Services will be in consonance with the User’s requirements and expectations;

 

  1. LIMITATION OF LIABILITY

 

  • The User understands and acknowledges that TFA shall, in no event, be liable to the User for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, nor shall it be liable to the User for any loss of profit, loss of revenue, injury to reputation, injury to property or person, or any other monetary ot other loss, arising out of or incidental to this T&C, the Services the Website or App, or the User’s use or inability to use the Website/App or Services.

 

  1. INTELLECTUAL PROPERTY RIGHTS
  • The Website and App is exclusively owned and maintained by TFA. The User understands and agrees that all the Intellectual Property Rights in relation to the Website and App are owned exclusively by TFA. The use or access of the Website/App or availing of any of the Services of the TFA shall, in no way, be construed as a transfer, in any manner, whether permanently or temporarily, of any such Intellectual Property Rights in favour of the User.
  • The expression “Intellectual Property Rights” shall mean all intellectual property rights owned at present or to be owned in future by TFA including but not limited to name, marks, characters, artwork, designs, contents, articles, trade names, trademarks, or Service marks, training material, marketing material that is in tangible or other electronic form or medium, copyright, technical know-how, all system and process specific information, domestic or foreign letter patent, patent, patent application, patent license, inventions, invention disclosures, software or software usage rights, formulae & processes, proprietary data and data bases, software codes; for all other similar items of intellectual property, whether registered or not, including any rights created by use thereof, used or permitted to be used by TFA.
  • The User further agrees that he shall not make any unauthorized use of the Intellectual Properties, Marks or Logos, Software, or Mobile Application belonging to TFA;
  • The User agrees not to create, claim, register, or use any Design, Logo, Mark, Name, or any other device or Intellectual Property Rights similar to or closely resembling those of TFA;

 

  1. VALIDITY AND TERMINATION
  • This T&C Document shall become valid and applicable the moment the User creates an Account on the Website or App, and shall continue to remain valid and applicable as long as the Account is maintained.
  • In case the User fails to comply with, or violates, any of the obligations or liabilities imposed upon him under this Terms and Conditions document, TFA shall be entitled to terminate the User’s access to the Website/App or any part thereof, without any prior notice. Such right may be exercised by TFA in addition to any other right or remedy which may be available to TFA under the applicable laws or in equity.

 

  1. GOVERNING LAW AND JURISDICTION

This T&C document, including all matters relating to the validity, construction, performance or enforcement thereof shall be governed by, and construed in accordance with, the laws of the state of Karnataka, India applicable to contracts executed and to be fully performed in such state. The User hereby expressly and irrevocably agree and consent any suit, action or proceeding arising out of or relating to this Agreement/T&C Document shall be instituted exclusively in the courts or tribunals sitting in Bangalore, Karnatka, India, and irrevocably submit generally and unconditionally to the exclusive jurisdiction of any such court in any such suit, action or proceeding.

 

  1. ENTIRE AGREEMENT

This Terms and Conditions document, along with the Privacy Policy, shall form the entire agreement between the User and TFA.

 

  1. NOTICE
  • TFA may send any intimation, notice, alert, or other communication to the User by way of e-mail, SMS or by any other reasonable means.
  • The User may, in case of any query, suggestions, questions, grievances, or other necessity, contact TFA by sending an e-mail at the address provide in the Website/ App.

[Last updated on 15 July 2023]

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