ATOVITT is the website owned and controlled by Atovitt Services Pvt. Ltd. company and is a one-stop shop for online shopping and is one of the leading shopping destinations for a comprehensive set of products. With a commitment to delivering consumers a superior shopping experience, the site offers users easy-to-use search tools, engaging content and time saving navigation, along with millions of user-generated products and helps consumers in making confident purchasing decisions when they don't know exactly what to buy.
Your relationship with ATOVITT
Your use of ATOVITT products, services and web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by ATOVITT under a separate written agreement) is subject to the terms of a legal agreement between you and Atovitt Services Pvt. Ltd. "Atovitt Services Pvt. Ltd." means Atovitt Services Pvt. Ltd...., whose principal place of business is 0, Ground Floor, Hanumant Puram Colony, Jagjeetpur Kankhal, Haridwar, UK. This document explains how the agreement is made up, and sets out some of the terms of that agreement.
Unless otherwise agreed in writing with Atovitt Services Pvt. Ltd., your agreement with will always include, at a minimum, the terms and conditions set out in this document. This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
You understand and agree that the Company and the Website merely provide hosting services to its Users who access the Website for purchase of unique Indian products (that are permitted to be bought under applicable law). You also give permission to the Website and the Company to store details and records of your usage of the Website indefinitely. However, this does not constitute any obligation on the part of the Company or the Website to do so.
Currently the membership on the Website is free and the Company does not levy any charges/fees for browsing or buying on the Website. However, for the purposes of listing any item on the Website to be sold or availing other services provided by the Company through the Website such as packing, warehousing, courier etc., the Seller will be charged fees as provided in the Policy incorporated herein by reference. The Company reserves the right to introduce new services or modify the existing services provided on the Website. Additionally, the Company at its sole discretion may introduce fees for the new services provided or amend/ introduce fees for the existing services, as the case may be. Changes to the User Agreement or any of the rules and policies of the Company shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website.
This User Agreement contains rules and regulations, policies and terms and conditions and agreement applicable to any person who may access or use ATOVITT, including any subdomains, webpages or extension of ATOVITT (Website) and you hereby agree and acknowledge to be bound by the terms of this User Agreement.
Accepting the Terms
The use of ATOVITT and the services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth in this User Agreement. For the purposes of this User Agreement, 'User' and wherever the context may require 'You' (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of the Website by accessing or browsing the Website and/or has registered as a member of the Website by submitting identification information/ registration details using the computer system of this Website and Accepting the electronic record of the User Agreement and has obtained a unique username and a secret alpha-numerical key (password) for using the Website. In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by Atovitt Services Pvt. Ltd. in the user interface for any Service;
(B) by actually using the Services. In this case, you understand and agree that Atovitt Services Pvt. Ltd. will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Atovitt Services Pvt. Ltd., or (b) you are a person barred from receiving the Services under the laws of India or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the Terms for your records.
Language of the Terms
Where ATOVITT has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Atovitt Services Pvt. Ltd. If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
ATOVITT reserves the right to suspend / cancel, or discontinue any or all channels, products or service at any time without notice, make modifications and alterations in any or all of the content, products and services contained on the site without prior notice. Such changes will be posted to ATOVITT for your reference and convenience so as to enable you to understand your responsibility as a user.
ATOVITT reserves the right to charge subscription and / or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this Site.
3. Copyright and Trademarks
Unless otherwise stated, copyright and all intellectual property rights in all material presented on the site (including but not limited to text, audio, video or graphical images), trademarks and logos appearing on this site are the property of Atovitt Services Pvt. Ltd., its parent, affiliates and associates and are protected under applicable Indian laws. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Atovitt Services Pvt. Ltd. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law.
4. Limited Permission to Copy
ATOVITT grants you permission to only access and make personal use of the Site and You agree not to download or modify /alter /change /amend /vary /transform /revise ATOVITT Site, or any portion of it, except with the express consent of Atovitt Services Pvt. Ltd. You are permitted to print or download extracts from these pages for your personal, noncommercial use only. Any copies of these pages saved to disk or to any other storage medium may only be used for subsequent viewing purposes or to print extracts for personal use.
Atovitt Services Pvt. Ltd. Forbids you from any attempts to resell or put to commercial use any part of the Site; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of any other merchant; or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of the Site may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
5. Membership Eligibility:
Although it's not essential to have an account to shop with www.ATOVITT.com, registering with us will allow you to:
Track your order and review past purchases Build a personal Wish List and share it:
Reserve items and join waiting lists
Shop without entering your address details
Manage your address book and email settings
Learn about offline events in your area
Return pieces easily online
6. Registration, Access and Exchange of Information:
For certain services such as email, personal web pages, contests and shopping, registration by the visitor is required. To register for these services, you have to open an account by completing the registration process (i.e. by providing us with current, complete and accurate information as prompted by the applicable registration form). You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. By registering, you agree to the following terms in addition to any other specific terms which shall be posted at an appropriate location of the Site. Each registration is for a single individual user only.
To access these services, you will be asked to enter your individual User Name and Password, as chosen by you during your registration. Therefore, we do not permit any of the following: -
* Any other person sharing your account and Password;
* Any part of the Site being cached in proxy servers and accessed by individuals who have not registered with Atovitt Services Pvt. Ltd.as users of the Site; or
* Access through a single account and Password being made available to multiple users on a network.
If Atovitt Services Pvt. Ltd. Reasonably believes that an account and Password is being used / misused in any manner, Atovitt Services Pvt. Ltd. Shall reserve the right to cancel access rights immediately without notice, and block access to all users from that IP address. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Atovitt Services Pvt. Ltd. Immediately of any unauthorized use of your account or any other breach of security. Atovitt Services Pvt. Ltd. Will not be liable for any loss that you may incur as a result of someone else using your password or account. However, you could be held liable for losses incurred by Atovitt Services Pvt. Ltd. Or another party due to someone else using your account or password.
7. No unlawful or prohibited use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Atovitt Services Pvt. Ltd. Server, or the network(s) connected to any Atovitt Services Pvt. Ltd. Server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
8. Material Posted/transmitted at Atovitt Services Pvt. Ltd. Site
You represent that you have valid rights and title in any and all Content/Images that you submit on the Site, that you have not infringed on any IPR belonging to any party and further that you will indemnify Atovitt Services Pvt. Ltd. Or its affiliates for all claims arising out of any content that you post on the Site.
Atovitt Services Pvt. Ltd. Accepts no responsibility for the said Content / Images. However, you understand that all Content / Images posted by you becomes the property of Atovitt Services Pvt. Ltd. And you agree to grant/assign to Atovitt Services Pvt. Ltd. And its affiliates, a nonexclusive, royalty free, perpetual, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content / Images (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed throughout the world".
9. A Note about Minors:
The Atovitt Services Pvt. Ltd.is not targeted towards, nor intended for use by anyone under the age of 18. By using the ATOVITT You represent that you are a responsible adult (18 years or above) and you shall be solely responsible for all Content that you upload post or otherwise transmit.
10. Limitations of Liabilities:
Any transactions relating to sale/purchase of goods or services not directly offered by Atovitt Services Pvt. Ltd. Are to be settled inter-se between the parties to such transaction and all warranties express or implied of any kind, regarding any matter pertaining thereto, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed by Atovitt Services Pvt. Ltd. Merely endeavors to provide a platform where you and other party may interact, exchange information or carry out sale/purchase transactions on such terms and in the manner mutually agreed between you and the other party. Atovitt Services Pvt. Ltd. Does not have any involvement in the actual transactions between the buyers and sellers in any way. It is only you, who is entirely responsible for all the activities, arising out of the transactions of sale/purchase of goods or services offered by any other party and not Atovitt Services Pvt. Ltd. Atovitt Services Pvt. Ltd. Will not be liable for any loss that you may incur, while selling or purchasing goods /services of the third party.
Under No circumstances will Atovitt Services Pvt. Ltd.be held responsible or liable, in any way, for any content which in Legal opinion is derogatory, threatening, defamatory, obscene or offensive or offends public sensibilities or morals and shall also not assume liability for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted or uploaded on the Site, or any infringement of another's rights, including intellectual property rights. You specifically agree that Atovitt Services Pvt. Ltd.is not responsible for any content sent using and/or included in Atovitt Services Pvt. Ltd. Site/service by any third party.
11.Termination of Account/Ending your relationship with Atovitt Services Pvt. Ltd.
The Terms will continue to apply until terminated by either you or Atovitt Services Pvt. Ltd.as set out below.
If you want to terminate your legal agreement with Atovitt Services Pvt. Ltd., you may do so by
(a) notifying Atovitt Services Pvt. Ltd.at any time and (b) closing your accounts for all of the Services which you use, where Atovitt Services Pvt. Ltd. Has made this option available to you. Your notice should be sent, in writing, to Atovitt Services Pvt. Ltd. Address which is set out at the beginning of these Terms.
Atovitt Services Pvt. Ltd. May at any time, terminate its legal agreement with you if:
(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Atovitt Services Pvt. Ltd.is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(C) the partner with whom Atovitt Services Pvt. Ltd. Offered the Services to you has terminated its relationship with Atovitt Services Pvt. Ltd. Or ceased to offer the Services to you; or
(D) Atovitt Services Pvt. Ltd.is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(E) the provision of the Services to you by Atovitt Services Pvt. Ltd.is, in Atovitt Services Pvt. Ltd. Opinion, no longer commercially viable.
12. User Conduct and Obligations
You agree to follow all applicable laws and regulations when using this website. You agree to not use any product or the service available on a Site to:
(a) Upload, post, email, transmit or otherwise make available any content that is unlawful, illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. This includes text, graphics, video, programs or audio.
(b) Upload, post, email, transmit or otherwise make available any viruses, trojan horses, time bombs, or any other harmful programs or elements
(c) Harm minors in any way
(d) Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "grieving" as those terms are commonly understood and used on the Internet
e) Impersonate any person or entity, including, but not limited to, Atovitt Services Pvt. Ltd. Official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site.
(g) Disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of our website, its computer systems, servers or networks .
(h) Upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
i) Upload, post, email, transmit or otherwise make available any content with the intention of committing or promoting an illegal act.
(j) Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, privacy rights, rights of publicity, or other proprietary rights ("Rights") of any party.
(k) Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," duplicative messages or any other form of solicitation.
13. No Controlling Spam Policy or Unsolicited E-mails
You will not use any communication tool or other means available on the Site to transmit, directly or indirectly, any unsolicited bulk communications (including emails and instant messages). Atovitt Services Pvt. Ltd. Will not sell, lease or rent its e-mail subscriber lists to third parties. You may not harvest information about users of Atovitt Services Pvt. Ltd. For the purpose of sending or to facilitate the sending of unsolicited bulk communications. We may terminate your access or use of the Site immediately, with or without any notice, and take any other legal action if you, or anyone using your access details to the Site, violates these terms. We may adopt any technical remedy (including any filtering technology or other measures) to prevent unsolicited bulk communications from entering, utilizing or remaining within our computer or communication networks. Such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the Atovitt Services Pvt. Ltd. Web Sites.
14. Additional Terms and Conditions
The following terms and conditions apply to the applicable features on the Site:
(a) Membership Rewards. On shipment of each Qualifying Order your account will be credited with a reward of 2% of Business Volume (BV) up to the Level 9 of your sales organization or such other amount as may be posted from time to time (the "Reward"). A "Qualifying Order" means the first order for merchandise on the Site placed by an individual whom you sponsored or to whom you sent an email invitation to join the Site. Rewards may be redeemed only for the purchase of merchandise on the Site and may not be used for the purchase of gift cards or services. Rewards are not transferable and may not be combined with Rewards belonging to others. At no time may you purchase, sell or barter any Rewards. Rewards have no cash value. They are promotional in nature and are issued without any exchange of money or value from you. As such, Rewards do not constitute property and you do not have a vested property right or interest in the Rewards. We will notify you when any Rewards are posted to your account. At our option, Rewards may expire eighteen months after the date of issuance. We reserve the right at any time in our discretion, and without prior notice, to discontinue the Rewards program or to add or change Rewards program rules, terms or conditions, including changing expiration periods or Rewards values for existing or future Rewards credits.
(b) Return Credit. Items that have been returned for an ATOVITT merchandise credit will be refunded in the form of a merchandise credit (a "Merchandise Credit") at the original purchase price, plus applicable sales tax, and, if applicable, a Rs.100 restocking fee will be deducted from the amount of the Merchandise Credit. Merchandise Credit may be redeemed only for the purchase of merchandise on the Site and may not be used for the purchase of gift cards or services. Merchandise Credit is not transferable and may not be combined with Merchandise Credit belonging to others. At no time may you purchase, sell or barter any Merchandise Credit. Merchandise Credit is not redeemable for cash, unless required by law. The obligations represented by outstanding Merchandise Credit may at any time be assigned to and assumed by any affiliate of, or successor to, the present or any future owner of the ATOVITT website, or any third party under contract with such present or future owner. You, as a Member, expressly consent to and authorize any such future assignment and assumption of outstanding Merchandise Credit obligations, and you agree to look solely to such assignee in the event of any such transfer.
(c) Credit Balances. Any credit balance (including a Reward balance and/or Merchandise Credit) will be automatically applied to your next purchase of merchandise from the Site and the order of redemption of such credits will be determined by ATOVITT. To the extent your credits exceed the amount of your total purchase; the excess credit balance will remain in your account to be applied to your next purchase, subject to the foregoing terms and conditions. If your account and/or membership is terminated for any reason, any credit balances in your account may be cancelled, except as prohibited by law. Account balances are determined by ATOVITT and such determination is final.
(d) Emails and Postings. The Site may provide registered customers with the ability to send email messages to others and to post messages on the Site. You are solely responsible for your account, password, profile, messages, notes, text, information, opinions, ideas and any other content you post, upload, submit, publish, or display (hereinafter "post") on or through the Site, or transmit to or share with other customer (collectively, the "Member Content"). Any Member Content that is posted will not be treated as confidential. ATOVITT has the right but not the obligation to monitor and decline, edit, or remove (without notice) all or any portion of any Member Content for any reason or no reason. If ATOVITT chooses at any time, in its sole discretion, to monitor Member Content, it still has no responsibility for the Member Content or for the conduct of the Member posting Member Content or to edit or remove any Member Content, except in compliance with Section 14 below. If you are involved in a dispute with one or more Members of ATOVITT, you release ATOVITT (including its officers, directors, affiliates, and employees) from claims, demands, and damages (actual and consequential) of every kind arising out of or in any way connected to any dispute.
(e) When you post or otherwise make available any Member Content for inclusion on any part of the Site, you are hereby granting ATOVITT an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, transmit, reproduce, adapt, modify, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), create collective works and distribute such Member Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, or for ATOVITT's (and its successors' and affiliates') business including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media or distribution method (now known or later developed), to prepare derivative works of, or incorporate into other works, such Member Content, and to grant and authorize sub-licenses of the foregoing. You represent and warrant that you will not provide any Member Content to which you do not have the full right to grant the license specified in this Section 3(e). You waive all moral rights in the Member Content which may be available to you in any part of the world and confirm that no such rights have been asserted. You represent and warrant to ATOVITT that ATOVITT is free to exercise its rights to and/or implement your Member Content if it so desires, without obtaining permission or license from any third party and without reference to you or any other person.
All Member Content is the responsibility of the Member, not ATOVITT. In addition to the restrictions set forth in Section 1, you agree not to use the Site to post content or other communications that contain (i) political, libelous or otherwise unlawful, abusive, or obscene material; (ii) advertisements of any kind; (iii) personal information (such as social security numbers, addresses, phone numbers, etc.); (iv) confidential information of ATOVITT, its parent, subsidiaries, or affiliates; (v) any chain letters, pyramid schemes, spam, contests, or promotional material; (vi) messages that offer unauthorized downloads of any copyrighted or private information; and (vii) information similar or related to the foregoing. You further agree not to send email invitations to join the Site (each, an "Invite") to people who do not know you or who are unlikely to recognize you as a known contact. We may from time to time use the information you provide for Invites to send reminders to such invitees to accept the Invite to become a Member. Under no circumstance shall any disclosure of any member content to ATOVITT be subject to any obligation of confidentiality or expectation of compensation or attribution. By submitting any member content to or through ATOVITT, you represent and warrant that all your member content will not violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You represent and warrant that no member content will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for your member content. You represent and warrant to ATOVITT that ATOVITT is free to use the member content, and implement any suggestions contained therein, if it so desires, as provided or as modified by ATOVITT, without obtaining permission or license from any third party and without any compensation to you. Accuracy of Content; Limitations on Quantity
Excluding Member Content, the information on this Site is believed to be complete and reliable; however, the information may contain typographical errors, pricing errors, and other errors or inaccuracies. We will use reasonable efforts to correct errors as soon as practicable. We reserve the right to:
(i) revoke any stated offer;
(ii) correct any errors, inaccuracies, or omission; and
(iii) make changes to prices, content, promotion offers, product descriptions or specifications, or other information without obligation to issue any notice of such changes (including after an order has been submitted, acknowledged, shipped, or received, except as prohibited by law.) We also reserve the right to limit quantities (including after an order has been submitted and/or acknowledged) and to revise, suspend, or terminate an event, promotion, or Boutique at any time without notice (including after an order has been submitted and/or acknowledged). The inclusion of any products or services on this Site at a particular time does not guarantee that the products or services will be available. If a product offered by us is not as described, your sole remedy is to return it subject to the terms of our return policy. Proprietary Rights Excluding Member Content, you acknowledge and agree that the content, software, materials and other components (including but not limited to our logos, graphics, videos, music, button icons, and page headers) available on the Site are the property of ATOVITT and/or its affiliates, subsidiaries, or licensors and are protected by copyrights, trademarks, service marks, or other proprietary rights and laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from content or materials on the Site. Reference to any products, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof or any affiliation therewith by ATOVITT. All trademarks not owned by ATOVITT that appear on the Site are the property of them.
15. Links to Third-Party Websites; No Implied Endorsements
This Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. In no event shall any reference to any third party, third party website, or third-party product or service be construed as an approval or endorsement by us of that third party, third party website, or of any product or service provided by a third party. Certain links on the Site lead to resources located on servers maintained by third parties, these sites of third party(s) may contain third party?s-logo, please understand that it is independent from Atovitt Services Pvt. Ltd., over whom Atovitt Services Pvt. Ltd. Has no control or connection, business or otherwise as these sites are external to Atovitt Services Pvt. Ltd. You agree and understand that by visiting such sites you are beyond the Atovitt Services Pvt. Ltd. Website. Atovitt Services Pvt. Ltd., therefore neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity, availability, suitability, reliability, accuracy of the information, software, products, services and related graphics contained, of any of the goods/ services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these site(s), as the same is provided on "as is" without warranty of any kind. Atovitt Services Pvt. Ltd. Gives no warranty and makes no representation whether expressed or implied, that the information contained in this site is error free. Atovitt Services Pvt. Ltd. Shall not be responsible nor liable for any consequential damages arising on account of your relying on the contents of the advertisement. Before relying on the material, users should independently verify its relevance for their purposes, and should obtain any appropriate professional advice
16. Disclaimer of Warranties and Liability
Atovitt Services Pvt. Ltd. And its parent, affiliates and associates shall not be liable, at any time for any, direct, indirect, punitive, incidental, special, consequential, damages (including, without limitation, damages for loss of business projects, damage to your computer system or damages for loss of profits, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Atovitt Services Pvt. Ltd. Sites/services, with the delay or inability to use the Atovitt Services Pvt. Ltd. Sites/services or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the Atovitt Services Pvt. Ltd. Sites/services, or otherwise arising out of the use of the Atovitt Services Pvt. Ltd. Sites/services) arising in contract, tort or otherwise from the use of or inability to use the Site, or any of its contents, or from any act or omissions a result of using the Site or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made by Atovitt Services Pvt. Ltd.as to the (a) accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation; (b) that the service will be uninterrupted, timely, secure, or error-free; (c) the quality of any products, services, content, information, or other material purchased or obtained from the website will meet your expectations or requirements; or (d) any errors in the website will be corrected.
17. Exclusion of Warranties
Nothing in these terms, including the other terms shall exclude or limit Atovitt Services Pvt. Ltd. Warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and our liability will be limited to the maximum extent permitted by law. You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available." In particular, Atovitt Services Pvt. Ltd., its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) Your use of the services will meet your requirements, (b) Your use of the services will be uninterrupted, timely, secure or free from error, (c) Any information obtained by you as a result of your use of the services will be accurate or reliable, and (d) That defects in the operation or functionality of any products and services provided to you as part of the services will be corrected.