Terms And Conditions
DATE: 01/07/24
PLEASE READ THIS TERMS OF SERVICE AGREEMENT (T&C) CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Terms of Service Agreement (“Agreement”) governs your use of this website, www.thelegionlife.com (“Website”), TLL (“The Legion Life”) which is owned by individual (Husain Muslim Madraswala) offer of products for purchase on this Website, or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. The Legion Life reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. TLL encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
1. PRODUCTS
a. Terms of Offer:
This Website offers for sale certain products (“Product/s”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
b. Proprietary Rights:
The Legion Life has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by TLL. TLL also has rights to all trademarks, copyright and trade dress and specific layouts of this webpage, including text placement, images and other information and contents of social pages of TLL which can be accessed through the Website.
c. Tax:
If you purchase any Product, you will be responsible for paying the applicable tax/es.
d. Risks of Loss:
All products purchased through the electronic mode on this Website are forwarded in agreement with a shipment contract. TLL does not hold the risk of loss for such products delivered to you.
2. WEBSITE
a. About the Website:
Website is an online store which carries out the sale of the following (t-shirts, framed art, posters, stickers, magnets, badges) TLL reserves the right to refuse service or refuse to sell the products on the website at its sole discretion to anyone for any reason at any time.
The Website does not screen or censor the users who register on or access the Website. You assume all risks associated with dealing with other users with whom you come in contact through the Website. You agree to use the Website only for lawful purposes without infringing the rights or restricting the use of this Website by any third party.
b. Login Account:
You are responsible for the confidentiality of your account and password. You agree to accept the responsibility of authenticity of the data provided and all activities occurring in your account or password. However, TLL reserves the right to deny service, edit or remove content, terminate accounts, or cancel the order in its sole discretion with no demure or damage payable to you.
c. Payment and invoicing:
* Payment may be made by online or offline as prescribed on this Website
* You must make payment for the product or service you have requested in full using your selected mode of payment at the time of placing an order/before availing services.
* If you fail to make full payment by the relevant due date in respect of a booking of any product and/or service, your booking will be canceled automatically.
* You agree to receive an electronic invoice at the email address provided in the User Account. TLL may charge a reasonable fee for sending a hard-copy invoice at your request.
* If you fail to honor the payment obligations, or if any amounts paid are reverse-charged, TLL may block Authorized User’s access to the Website until TLL has received full payment of all arrears.
* Goods are delivered subject to retention of title and shall remain TLL’s property until the purchase price has been paid in full.
d. Content, Intellectual Property and Third Party Links:
You agree that the Website, TLL social media pages, their content and all the services provided by TLL are the property of TLL, including all copyright, trademarks, trade secrets and other intellectual property (‘IPR’). You agree that TLL owns all the rights, title and interest in and to the IPR and that you will not use the IPR for any unlawful and infringing purpose. You agree not to produce or distribute the IPR in any way, including electronically or via registration of new trademarks, trade names, service marks or Uniform Resource Locator (“URL”) without express written permission from the Owner.
In order to make the Website and services available to you, you hereby grant TLL a royalty free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload or otherwise make available to the Website.
In addition to making Products available, this Website may also offer information and marketing materials. This Website may also offer information, both directly and through indirect links to third-party websites. TLL may not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that TLL does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. TLL does not endorse the contents on any such third-party websites. TLL is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
e. Use of Website:
TLL is not responsible for any damages resulting from use of this Website by anyone. You will not use the Website for illegal purposes. You will:
1. abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including intellectual property laws),
2. not interfere with or disrupt the use and enjoyment of the Website by other users,
3. not resell the material on the Website,
4. not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and
5. not defame, harass, abuse, or disrupt other users of the Website.
f. Prohibited use
You are prohibited from using the Website or its content:
1. for any unlawful purpose;
2. to solicit others to perform or participate in any unlawful acts;
3. to infringe on any third party’s intellectual property or proprietary rights or rights of publicity or privacy, whether knowingly or unknowingly;
4. to violate any local, federal or international law statute, ordinance or regulation;
5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
6. to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law;
7. 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 service or of any related website, other websites, or the Internet;
8. to collect or track the personal information of others;
9. to damage, disable, overburden or impair the Website or any other party’s use of the Website;
10. to spam, phish, pharm, pretext, spider, crawl, or scrape;
11. for any obscene or immoral purpose; or
12. to interfere with or circumvent the security features of the service or any related website, other websites, or the Internet;
13. to personally threaten or have the effect of personally threatening other users.
TLL reserves its right to terminate your use of the Website or any related website for violating any of the prohibited uses. TLL has the full authority to review all content posted by Users on the Website. You acknowledge that TLL is not responsible or liable and does not control the content of any information that may be posted to the Website by You or other User of the Website and you are solely responsible for the same. You agree that you shall not upload, post, or transmit any content that you do not have a right to make available (such as the intellectual property of another party).
TLL may, but have no obligation to monitor, edit or remove content that TLL determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of service.
You may not use TLL’s products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).
g. License:
By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from TLL or the applicable third party (if third party content is at issue).
h. Posting:
By posting, storing, or transmitting any content on the Website, you hereby grant TLL a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. TLL does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. TLL is not liable for any damage or harm resulting from any posts by or interactions between users. TLL reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content TLL deems objectionable.
3. SALE OF GOODS/SERVICES
TLL undertakes to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, TLL does not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
TLL may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. Any orders including orders by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address may be subject to the above. TLL may restrict the sales of products or providing services to any person, geographic region or jurisdiction at TLL sole discretion as TLL may decide on a case-by-case basis.
TLL further reserves an absolute right to refuse any order placed by any person and to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. If TLL cancels your order, TLL may contact the e-mail and/or billing address/phone number provided at the time the order was made.
TLL takes care to accurately display the colors and images of its products but, we cannot guarantee that your computer or phone screen’s display of any color will be accurate. We also do not provide any warranties that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations and standards, or that any errors in the service will be corrected. Prices and descriptions of products are subject to change at any time without notice, at TLL’s sole discretion. TLL may remove or discontinue any products from its site without prior notice. Any offer for any product or service made on this site is void where prohibited.
TLL may provide you with access to third-party tools which it neither monitors nor has any control nor input. You acknowledge and agree that TLL provides access to such tools ‘as is” and “as available’ without any warranties, representations or conditions of any kind and without any endorsement. TLL shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
4.SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payment for any Items you may purchase from TLL and you acknowledge and affirm that prices are subject to change. When purchasing a physical good, you agree to provide TLL with a valid email and shipping address, as well as valid billing information. TLL reserves its right to reject or cancel an order for any reason, including errors or omissions in the information you provide to TLL. If TLL does so after payment has been processed, it may issue a refund to you in the amount of the purchase price. TLL may request additional information from you prior to confirming a sale and TLL reserves its right to place any additional restrictions on the sale of any of its products. You agree to ensure payment for any items you may purchase from TLL and you acknowledge and affirm that prices are subject to change. For the sale of physical products, TLL may preauthorize your credit or debit card at the time you place the order or TLL may simplify your card upon shipment. You agree to monitor your method of payment shipment costs and dates are subject to change from the costs and dates you are quoted due to unforeseen circumstances.
DISCLAIMER OF WARRANTIES
1. YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TLL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (PRODUCTS INCLUDE TRIAL PRODUCTS.)
2. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TLL MAKES NO WARRANTY:
1. THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
2. THAT THE LINKS TO THIRD-PARTY WEBSITES CONTAINS INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE OR TIMELY.
3. REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
4. THAT THE PRODUCT SOLD WILL BE REPLACED OR MONEY PAID FOR THE SAME WILL BE REFUNDED.
5. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY
a. TLL’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
TLL WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM:
a. THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS;
b. THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;
c. ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR
d. ANY LOSS OF PROFITS YOU ALLEGE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
6. INDEMNIFICATION
1. You will release, indemnify, defend and hold harmless TLL, and any of its contractors, agents, employees, officers, directors/partners/proprietor, shareholders/stakeholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including attorneys’ fees and expenses, of third parties relating to or arising out of:
a. this Agreement or the breach of your warranties, representations and obligations under this Agreement;
b. the Website content or your use of the Website content;
c. the Products or your use of the Products (including Trial Products);
d. any intellectual property or other proprietary right of any person or entity;
e. your violation of any provision of this Agreement; or
f. any information or data you supplied to TLL.
2. When TLL is threatened with suit or sued by a third party, TLL may seek written assurances from you concerning your promise to indemnify TLL; your failure to provide such assurances may be considered by TLL to be a material breach of this Agreement.
3. TLL will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of TLL choice.
4. TLL will reasonably cooperate in any defense by you of a third-party claim at your request and expense.
5. You will have sole responsibility to defend TLL against any claim, but you must receive TLL prior written consent regarding any related settlement.
The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
7. PRIVACY
TLL believes strongly in protecting user privacy and providing you with notice of TLL’s use of data. Please refer to TLL privacy policy, incorporated by reference herein that is posted on the Website.
8. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
9. TERMINATION
TLL reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and TLL may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, TLL reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until TLL chooses, in its sole discretion and without advance to you, to terminate it.
10. GENERAL
a. Force Majeure:
TLL will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, pandemic, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
b. Cessation of Operation:
TLL may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
c. Entire Agreement:
This Agreement comprises the entire agreement between you and TLL and supersedes any prior agreements pertaining to the subject matter contained herein.
d. Effect of Waiver:
The failure of TLL to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
e. Governing Law and Jurisdiction:
This Website originates from Mumbai, India. This Agreement will be governed by the laws of the State of Maharashtra, India without regard to its conflict of law principles to the contrary. Neither you nor TLL will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in the State of Maharashtra, India. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.
f. Statute of Limitation:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within Six (6) months after such claim or cause of action arose or be forever barred.
g. Waiver of Class Action Rights:
BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
h. Domestic Use:
TLL makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
i. Assignment:
You may not assign your rights and obligations under this Agreement to anyone. TLL may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.