Updated [February 8, 2023]:
These Terms and Conditions (the “Terms”) apply to luvansh.com (the “Site”). The Site is operated by Luvansh LLC (“Luvansh”). Throughout the Site, the terms “we,” “us” and “our” refer to Luvansh. Luvansh offers this Site, including all information, tools and services available from this Site, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Including our privacy policy located at Privacy Policy Your use of this Site constitutes your agreement to these Terms. IF YOU DO NOT AGREE TO THE TERMS (INCLUDING OUR PRIVACY POLICY), YOU MAY NOT USE OR ACCESS OUR SITE.
Please note that these Terms with limited exception, contains an arbitration clause and class action waiver Terms & Conditions. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.
This Site is offered and available to users who are 18 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the us and meet all of the foregoing eligibility requirements.
Luvansh is not responsible if information made available on this Site is not accurate, complete or current. We reserve the right to withdraw or modify this Site at any time without notice, but we have no obligation to update any information on the Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. You agree that it is your responsibility to monitor changes to the Site. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item.
All content, features and functionality on this Site (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof), is the exclusive property of and owned by Luvansh, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. You may not:
Any other use of content on the Site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the Site, or use of the Site for commercial purposes or for purposes competitive to Luvansh, is expressly prohibited. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. Luvansh reserves the right to take appropriate legal action, including without limitation, referral to law enforcement or any regulatory or other governmental authority, for any illegal or unauthorized use of the Site and to refuse or cancel any person’s registration for this Site, remove any person from this Site or prohibit any person from using this Site for any reason whatsoever. You are personally liable for any orders placed or charges incurred prior to removal.
Luvansh, or its licensors or content providers, retain full and complete title to the material provided on the Site, including all associated intellectual property rights, and provide this material to you under a license that is revocable at any time in Luvansh’s sole discretion. Luvansh neither warrants nor represents that your use of materials on this Site will not infringe rights of third parties not affiliated with Luvansh.
You may not use contact information provided on the Site for unauthorized purposes, including marketing. You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. Luvansh reserves the right, in its sole discretion, to limit, suspend or terminate your access to or use of the Site at any time without notice. Termination of your access or use will not waive or affect any other right or relief to which Luvansh may be entitled at law or in equity.
Without limiting the foregoing, Luvansh has the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using our Site. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS LUVANSH TOGETHER WITH ITS OWNERS, MANAGERS, OFFICERS, AFFILIATES AND REPRESENTATIVES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY LUVANSH DURING OR RELATING TO, INQUIRIES AND INVESTIGATIONS BY EITHER LUVANSH, LAW ENFORCEMENT AUTHORITIES OR REGULATORY OR OTHER GOVERNMENTAL AUTHORITIES.
Some features on this Site may require registration. By registering at and in consideration of your use of the Site you agree to provide true, accurate, current and complete information about yourself.
Some features on this Site may require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Luvansh immediately. Luvansh may assume that any communications Luvansh receives under your password have been made by you unless Luvansh receives notice otherwise.
You or third parties acting on your behalf are not allowed to frame this Site or use our proprietary marks as meta tags, without our written consent. These marks include, but are not limited to, those listed here. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Luvansh’s express written consent. Further, you may not utilize any Site content in any meta tags or any other “hidden text” techniques or technologies without Luvansh’s express written consent.
You may view and use many features of the Site without registering but in order to access and use some parts of the Site or purchase a product, you may need to register an account with us. Each account is limited to one natural person and is not assignable. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been an unauthorized use of your password or account, you must notify us immediately. You are responsible for providing and maintaining current, complete, accurate, and truthful information on your account. You agree to accept sole responsibility for all activities that occur with your permission or authorization under your account credentials, or because you fail to maintain sufficient security over your account credentials. If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and to accept liability for harm caused by any wrongful use of the Site or content resulting from such access or use. You may cancel, suspend or impose any restrictions on, your online account with us at any time. We reserve the right to refuse service or terminate or suspend accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
Any communication or material you transmit to the Site, through our chat function, or by electronic mail or otherwise, including any data, questions, comments, suggestions, message, data, image, text, photos, graphics, audio, video or other material selected to be shared by you or the like (“ User Submissions ”) is and will be treated as non-confidential and non-proprietary. You should have no expectation of privacy over any User Submissions provided by you to us. We do not assert any ownership over your User Submissions. You retain full ownership of all of your User Submissions and any intellectual property rights or other proprietary rights associated with your User Submissions, subject to these Terms and the limited license granted by the next paragraph.
Any User Submissions you transmit or post may be used, without compensation, by Luvansh for any purpose (including for any commercial or promotional purpose), and you hereby grant to Luvansh a worldwide, non-exclusive, sub-licensable, irrevocable, transferable, royalty-free, perpetual license under all intellectual property laws to use, reproduce, disclose, transmit, publish, broadcast, edit, feature, highlight, post adapt, publish, translate, create derivative works from, distribute, perform or display such User Submissions in any medium (whether known or hereafter invented). In connection with such license, you are also granting Luvansh the right to use your name and likeness in connection with any such use of User Submissions made by you, but we will not be obligated to identify you in connection with any such use. Further, Luvansh is free to use, without compensation to you, any ideas, concepts, know-how or techniques contained in any User Submissions for any purpose whatsoever, including but not limited to data analytics or developing, manufacturing and marketing products, which you are submitting to us for our use on a royalty-free basis, with no expectation of royalties or other compensation. If you do not agree to the foregoing then you should not transmit or post any such User Submissions.
We are not liable for any statements or representations in your User Submissions provided by you in any area on the Site. You are solely responsible for your User Submissions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your User Submissions.
Subject to applicable law, prices for our products are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping internationally. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, Discover, JCB, Diners Club and En Route, as well as payments made via PayPal for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and handling fees, if any, are non-refundable.
Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Our products remain subject to our Return Policy which we encourage you to read carefully before making a purchase decision or upon receiving a product that you are unhappy with which qualifies for a return.
Shipping Outside of the United States. Luvansh ships and returns to internationally to select countries. Please contact us at [email protected] to determine whether or not we can ship goods to a specific country.
Shipping Charges and Timing. Additional shipping charges may apply to international orders.
Arrival Times. Arrival times listed on the website apply to US shipping addresses only. The customs process in each country may vary.
Customs, Duties & Taxes. Prior to receiving internationally shipped merchandise the destination country may apply customs fees, import duties, taxes, and other charges. Customs policies vary depending on the country. All charges required for customs clearance as well as applicable duties, taxes and other fees, will be the exclusive responsibility of the recipient. Luvansh may be required to charge additional taxes and duties on items shipped internationally. Such taxes and duties will be calculated based on the rates in effect on the date your order ships.
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
You represent and warrant that you are buying products from the Site for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases with a US delivery address are intended for final delivery to locations within the United States.
For information about Returns, Exchanges, and Refunds, please see our Return Policy.
This Site may contain links to other Sites, some of which are operated by Luvansh or its affiliates and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not necessarily reviewed all the information on those other sites and are not responsible for the content of those or any other sites or any products or services that may be offered through those or any other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different Terms may apply to your use of any linked sites. Luvansh is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites. We may disable all or any social media features and any links at any time without notice in our discretion.
Certain of the content, features and functionality on the Site may be owned and operated by third parties (collectively, “ Third Party Providers ”). Your use of and interaction with such content, features and functionality (collectively, “ Third Party Content ”) may be subject to separate Terms. In that event, you acknowledge that these Terms will not apply to your use of the Third Party Content and that you will be subject to and comply with the Terms offered by such Third Party Providers.
YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE OR OTHERWISE LIABLE FOR THIRD PARTY CONTENT OR THE ACTS OR OMISSIONS OF THIRD PARTY PROVIDERS AND THAT ANY CLAIMS OR OTHER CAUSES OF ACTION AVAILABLE TO YOU IN CONNECTION WITH EITHER OF THE FOREGOING WILL BE BROUGHT AGAINST ANY APPLICABLE THIRD PARTY PROVIDER AND NOT US.
Luvansh may offer or promote certain special features and functionality or events (such as contests, sweepstakes or other offerings) through this Site which may (a) be subject to terms of use, rules, or policies in addition to or in lieu of these Terms; and (b) be offered by us or by third parties. If you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules, or policies. Your participation in such promotions constitutes acceptance of all applicable terms. Your participation in any events is at your own risk.
We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Trademarks, logos and service marks displayed on this Site, including those identified here are registered and unregistered trademarks of Luvansh, its licensors or content providers, or other third parties. All of these trademarks, logos and service marks are the property of their respective owners. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Site without the owner’s prior written permission, except as otherwise described herein. Luvansh reserves all rights not expressly granted in and to the Site and its content. This Site and all of its content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.
You are hereby informed that Luvansh has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances (to be determined at our sole discretion) of subscribers and account holders of Luvansh’s system or network who are repeat copyright infringers. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent:
Luvansh LLC
575 5th Ave,
New York, NY 10017
Attn: Chirag Gandhi, DMCA Copyright Agent
Tel: (646) 384-4195
Email: [email protected]
To be effective, your notification must (i) be in writing, (ii) be provided to our copyright agent, and (iii) include substantially the following:
Luvansh is under no obligation to post, forward, transmit, distribute or otherwise provide any material available on this Site, including material you provide to us, and so we have an absolute right to remove any material from the Site in our sole discretion at any time.
We may update these Terms from time to time at our sole discretion. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Site and our services on the Site. Changes will be effective upon the posting of the changes unless otherwise specified, and apply to all access to and use of the Site and purchases of our products thereafter.
However, any changes to the dispute resolution provisions set out in “Dispute Resolution and Binding Arbitration” section of these Terms will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Site, subject to the sub-section entitled “Modifications” to the “Dispute Resolution and Binding Arbitration” section of these Terms.
You are responsible for reviewing and becoming familiar with any changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Your use of the Site following the changes constitutes your agreement to and acceptance of the updated Terms.
If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
LUVANSH IS PROVIDING THE SITE, ITS CONTENT ON AN “AS IS” AND AS AVAILABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITE, THE INFORMATION OBTAINED THROUGH THE SITE OR THROUGH LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LUVANSH DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
ALL PRODUCTS OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
IN ADDITION, NEITHER LUVANSH NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE (COLLECTIVELY, “ REPRESENTATIVES ”) MAKES ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED THAT THE SITE, ITS CONTENT, OR ANY PRODUCTS OBTAINED THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE OR ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BECAUSE SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES SOME OF THE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation of Liability
Luvansh assumes no responsibility or liability for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to or use of use of the Site. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL LUVANSH OR ITS REPRESENTATIVES BE LIABLE UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (C) DATA LOSS, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION OF DATA; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE SITE; (E) COMPUTER VIRUSES, HARMFUL CODE, DENIAL OF SERVICE ATTACKS, SYSTEM FAILURES, OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY MODIFICATION TO A PRODUCT CAUSED BY THIRD PARTIES.
FURTHER, SUBJECT TO APPLICABLE LAW, WE WILL NOT BE LIABLE IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, — IN EACH CASE — WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE, WHETHER OR NOT ANY PARTY HAS BEEN WARNED DIRECTLY ABOUT SUCH EVENT OR CIRCUMSTANCE AND HAD THE OPPORTUNITY TO MITIGATE OR LIMIT THE IMPACT OF SUCH EVENT OR CIRCUMSTANCES LEADING TO INCURRENCE OF LOSS, INJURY OR DAMAGES, AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY FOR SUCH CLAIMS EXCEED THE GREATER OF ( X) ONE HUNDRED DOLLARS ($100.00) OR (Y) THE PURCHASE PRICE OF GOODS PURCHAED BY YOU THAT IS THE SUBJECT OF, OR CLOSELY RELATING TO, ANY DISPUTE.
UNLESS OTHERWISE SPECIFIED BY THE LAWS IN THE APPLICABLE JURISDICTION, YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN TWO (2) YEARS OF THE DATE THE CLAIM OR ACTION ARISES. . THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.
IF YOU 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.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF LUVANSH UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED (X) ONE HUNDRED DOLLARS ($100) OR (Y) THE PURCHASE PRICE OF GOODS PURCHAED BY YOU THAT IS THE SUBJECT OF, OR CLOSELY RELATING TO, ANY DISPUTE.
You agree to indemnify, and hold harmless us, and our Representatives (the “ Indemnified Parties ”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Site or the Site content in violation of any law, rule, regulation or these Terms, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
This Agreement is entered pursuant to and governed by the Federal Arbitration Act (together with any rules or guidance promulgated thereunder by any relevant federal agency, and together with any successor statue, the “ FAA ”), but in all other respects including all matters relating to the Site and these Terms, shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law that would apply the law of another jurisdiction (other than the FAA). Foreign laws (except for Puerto Rico) do not apply. If any provision of these Terms is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.
Subject to your agreement to “Dispute Resolution and Binding Arbitration” <insert hyper-link> provisions below, in all other respects, any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in Manhattan although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. Subject to the “ Dispute Resolution and Binding Arbitration” <insert hyper-link> provisions below, in all other respects, you waive any and all objections to the exercise of jurisdiction over you by such courts and choice of venue. Dispute Resolution and Binding Arbitration
Legal Disputes. PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THE TERMS OF USE OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you went to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND LUVANSH WILL BE GOVERNED BY THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS OF THESE TERMS AND HANDLED ON AN INDIVIDUAL, NON-CLASS BASIS, AS SET FORTH BELOW.
Informal Dispute Resolution. In the event of a dispute, you and we agree to try to resolve such dispute informally by first sending a notice to the other clearly marked “Notice of Dispute” and containing a brief written statement setting forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute and the relief requested. You must send any such notice to us at [email protected]. We will contact you via email at the address specified in any such notice. You and we agree to use reasonable, good faith efforts to settle any dispute through consultation and good faith negotiations within thirty (30) days of submission of such notice. If a dispute is not resolved within thirty (30) days of such submission, you or we may resort to the other alternatives described in this section.
Agreement to Arbitrate. In the event that any dispute is unresolved through informal discussions within thirty (30) days as described above, you and we agree to resolve such dispute through final and binding arbitration as the sole, final and binding remedy, except as set forth under “Exceptions to Agreement to Arbitrate” below. Notwithstanding these Terms to arbitrate, no party waives the right to seek through judicial process, preliminary injunctive relief to preserve the status quo or prevent irreparable injury before the matter can be heard in arbitration.
The arbitral body shall have sole and exclusive authority to resolve all claims covered by these Terms, and any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable. Any issues involving the arbitrability of a dispute shall be governed by the FAA, provided, that the parties agree that the arbitral body shall have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
Opt-out of Agreement to Arbitrate. Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE EARLIER OF THE DATE YOU FIRST USED THIS SITE (THE “ OPT OUT DEADLINE ”)You can decline this agreement to arbitrate by contacting [email protected] within the Opt Out Deadline and stating that you decline this arbitration agreement. Any opt-out received after the Opt Out Deadline will not be valid and you will be required to pursue your claim in arbitration or “small claims” court.
Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules (see: https://www.adr.org/sites/default/files/document_repository/Consumer_Arbitration_Rules_Web.pdf). The arbitration under such Rules will be before one (1) neutral arbitrator with no apparent conflict of interest for claims not exceeding $250,000 in value and before a panel of three (3) neutral arbitrators with no apparent conflict of interest for claims in excess of $250,000. If the parties cannot agree on any arbitrator after good faith efforts, AAA shall designate any arbitrator at the request of any party to the dispute The arbitration will be held New York, NY and you agree to submit to the personal jurisdiction of the state of New York.
The arbitral body will have the power to decide any motions brought by any party to the arbitration, including motions for summary judgment and/or adjudication and motions to dismiss and demurrers, prior to any arbitration hearing. The arbitral body will have the authority to grant any relief authorized by law, including attorneys’ fees and costs, available under applicable law, subject to the agreement by us set forth in the last paragraph of this subsection entitled “Arbitration Procedures” to cover certain expenses for claims not exceeding $10,000.
If your or our claim does not exceed $10,000 and does not include a request for any type of equitable remedy, the arbitration will be conducted solely on the basis of the documents that you and we submit to the arbitral body, unless the party bringing the claim requests a hearing or the arbitral body determines that a hearing is necessary. If your or our claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
We will pay all reasonable administrative, filing and arbitration fees for claims of that do not exceed $10,000 unless the arbitral body determines that a claim is frivolous or was brought for an improper purpose. In circumstances where a claim is deemed frivolous or was brought for an improper purpose or for claims and awards in excess of $10,000, barring a contrary determination by the arbitral body, (i) each party shall bear its own costs in the arbitration; provided, however, that the parties shall share the fees and expenses of each arbitrator and arbitral body equally and all arbitration case management fees and expenses equally and (ii) all fees and expenses relating to any arbitration (including, without limitation, the reasonable legal fees and expenses of the prevailing party and expert witness fees) arising pursuant hereto will be paid by the non-prevailing party and the arbitral body must include an award of such amounts in its decision. You are responsible for any other costs that you may incur in the arbitration, including but not limited to attorney’s fees and expert witness costs, unless we are otherwise specifically required to pay such fees under applicable law. Each of the parties agree that failure to timely pay the arbitrators and other costs of the arbitral proceedings customary for or agreed upon for such proceedings, or otherwise imposed by the arbitral bodies, will be breach of these Terms and deemed a default on the paying parties’ claims.
The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1-800-778-7879.
Confidentiality. No information concerning any arbitration may be unilaterally disclosed by to any third party by any participating party unless it is required to do so by law or by a competent regulatory body and then only: (i) by disclosing no more than is legally required, and (ii) furnishing to the arbitral body and all participating parties details of the disclosure and an explanation and reason for it.
Written Decisions Stating Essential Findings for Claims in Excess of $10,000. For claims or awards in excess of $10,000, the arbitral body will issue a written arbitration decision in English stating the essential findings and conclusions upon which any award is based.
Enforcement of Arbitration Awards. The parties agree that the arbitration will be final and binding, any arbitration order or award may be entered in any court having jurisdiction thereof, and such award will be enforceable in any court having jurisdiction to enforce these Terms. A party’s right for review of the arbitral body’s decision is limited to grounds provided under applicable law.
Exceptions to Agreement to Arbitrate. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction or the U.S. Patent and Trademark Office (“ USPTO ”) for injunctive or other equitable or conservatory relief (for example, to stop unauthorized use or abuse of the Site or actual or threatened intellectual property infringement (e.g., trademark, trade secret, copyright or patent rights)), in lieu of or pending a final decision by the arbitral body or the informal dispute resolution process described above. Such actions may include enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the USPTO to protect its intellectual property rights. Either party may also seek relief in a small claims court in New York, New York for disputes or claims within the scope of that court’s jurisdiction, but if you assert a claim — only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
No Class Actions or Mass Actions. YOU AND LUVANSH AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff of, or participate as part of, any purported class, joint, consolidated or representative action. Further, unless you and we otherwise agree in writing, the arbitral body may not consolidate more than one person’s claims and may not otherwise preside over any form of any class, joint, consolidated or representative proceeding. You and Luvansh each agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action to the maximum extent permitted by law. “ Mass Action ” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than one hundred (100) arbitration demands with common questions of law or fact against Luvansh within one hundred and eighty (180) days of initiating your arbitration demand. Nothing in these Terms of Use precludes you from bringing issues to the attention of federal, state, or local government agencies and, if the applicable law allows, such agencies may seek relief against Luvansh for you.
Judicial Forum for Disputes. Luvansh is based in New York, so any legal action against Luvansh related to our Site, products or services must be filed and take place in New York County, New York. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in New York, New York, and any in-person hearings will be conducted in New York, New York unless otherwise agreed between the parties. For any actions not subject to arbitration, you and Luvansh agree to submit to the personal jurisdiction of a state or federal court located in New York County, New York. If any court or arbitral body determines that the class, joint, consolidated or representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, joint, consolidated or representative basis, then the dispute will not be subject to arbitration.
WAIVER OF JURY TRIAL. Any otherwise available right to trial by jury with respect to any action or proceeding arising in connection with or as a result of these Terms or the services that are provided hereunder is hereby waived by the parties hereto .
Commencement of Claims. Any claim or cause of action you may have with respect to we, its products, or these Terms must be commenced within one (1) year after the claim or cause of action arose.
Modifications. If we make any changes to this “Dispute Resolution and Binding Arbitration” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Luvansh prior to the date the changes became effective. Luvansh will notify you of substantive changes to the “Dispute Resolution and Binding Arbitration” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Luvansh a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Luvansh in accordance with the provisions of this “Dispute Resolution and Binding Arbitration” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
You consent to receive any agreements, notices, disclosures and other communications (collectively, “ Notic es”) to which these Terms refer from us electronically including without limitation by e-mail or by posting notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must provide written notice to us of your withdrawal of such consent and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms, shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically, provided, that such lack of consent will not waive the applicability of any terms or obligations applicable to you or assumed by you under these Terms or otherwise for our benefit. Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, whether or not such act or circumstances was foreseeable, and whether or not, we had been warned directly or indirectly about such act or circumstance and had the opportunity to mitigate or limit the impact of such event or circumstances, including, without limitation, acts of God, accident, flood, drought, fire, earthquake, extreme weather conditions, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, plague, bio-terrorism, “shelter in place” order or advisory war, declaration of (and restrictions relating to) “essential” and “non-essential” businesses, compliance with any law or governmental order, rule, regulation, request, direction, embargo, lockouts, strikes, slow-down, malicious damage, or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, labor or manufacturing facilities or telecommunication breakdown or power outage. A party’s financial inability to perform by itself will not be deemed a force majeure event.
These Terms and any policies or operating rules posted on this Site constitute the entire agreement and understanding between you and Luvansh with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court, arbitral body or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
We may assign any of our rights and obligations under the Terms.
NOTICE TO NEW JERSEY RESIDENTS: Your rights are protected under the Truth-in-Consumer Contract, Warranty and Notice Act and New Jersey law generally. The following provisions in these Terms do not apply to you and are not intended to vary, diminish or alter your rights under New Jersey law: specifically, nothing in these Terms limits, varies, diminishes, affects, or otherwise voids or alters your rights under New Jersey law as they relate to limitations of liability or exculpation (including, but not limited to, limitations on indirect, incidental, special, exemplary, consequential or similar damages), dispute resolution, indemnification, venue or jurisdiction, statutes of limitation or repose periods for bringing claims, plain language requirements, representations and warranties of any type or nature (including, but not limited to, conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement), contract remedies, personal injury, tort and negligence claims, conditions of sale, fee-shifting provisions, waiver of attorney fees and/or costs, and copyright. Your rights regarding these specific provisions will be governed by New Jersey law. In the event of any conflict between these Terms and New Jersey law, New Jersey law shall govern.
If you have any questions or comments about these Terms or this Site, please contact us by:
Emailing us at:
[email protected]Writing to:
575 5th Ave, New York, NY 10017
