THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND DEENARY(BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND DEENARY FOR THE USE OF THE WEBSITE (DEFINED BELOW).

These Terms of Use of the website located at the URL www.deenary.com (the Website) is between Meem Communication SRL or www.deenary.com (hereinafter referred to as “Deenary” or “We” or “Us” or “Our”) and the guest users or registered users of the Website (hereinafter referred to as “You” or “Your” or “Yourself” or “User”) describe the terms on which Deenary offers You access to the Website and such other services as are incidental and ancillary thereto (“Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

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

1) General
a) Meem Communication SRL is a company incorporated under the laws of Italy, with its registered office at Milan, Italy and having VAT REG: IT10798260963, SDI (for Italy): T9K4ZHO, REA Number: MI – 2558229. Deenary is an intermediary in the form of an online marketplace and is limited to managing the Website to enable seller to exhibit, advertise, display, make available and offer to sell the products and to enable buyer to purchase the products so offered (“Products”), and other incidental Services thereto (“Services”) including use of the Website by any User.
b) These Terms of Use are subject to revision by Deenary at any time and hence the Users are requested to carefully read these Terms of Use from time to time before using the Website. The revised Terms of Use shall be made available on the Website. You are requested to regularly visit the Website to view the most current Terms of Use. In the event such a facility is provided on the Website, You can determine when Deenary last modified any part of the Agreement by referring to the “Last Updated” legend provided in that document. It shall be Your responsibility to check these Terms of Use periodically for changes. Deenary may require You to provide Your direct or indirect consent to any update in a specified manner before further use of the Website and the Services. If no such separate consent is sought, Your continued use of the Website and/or Services, following such changes, will constitute Your acceptance of those changes.
c) If there is any conflict:
i) between the Privacy Policy and any other Agreement, the Privacy Policy shall take precedence’ but only to the extent of the conflict;
ii) between these Terms of Use and any other notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

2) Services
a) The Website is an electronic platform in the form of an electronic marketplace and an intermediary that
i) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers / customers), and
ii) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and
iii) services to facilitate the engagement of buyers and sellers to under commerce on the Website, and
iv) such other services as are incidental and ancillary thereto.

3) Eligibility to Use
a) The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the Deenary system by Deenary for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in Italy. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between Deenary and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against You.
b) Deenary reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
c) You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.

4) User Account, Password and Security
a) You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
b) Registered users: Deenary makes certain sections of the Services available to You through the Website only if You have provided Deenary certain required User information and created an account and a Deenary ID through certain log-in ID and password (“Account”).
c) In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to
i) immediately notify Deenary of any unauthorized use of Your Account Information or any other breach of security, and
ii) ensure that You exit from Your Account at the end of each session. Deenary cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by Deenary or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
d) You shall ensure that the Account Information provided by You in the Website’s registration form is complete, accurate and up-to-date. Use of another user’s Account Information for availing the Services is expressly prohibited.
e) If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Deenary has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Deenary has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
f) Guest users: The Website also allows limited access to the Services for unregistered Users (also called as ‘guest users’). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods, and placing orders. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
g) Depending upon whether You are a seller or a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and Deenary may collect certain personal information. Your provision of, and Deenary’s collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by Deenary’s privacy policy, which is available at https://www.Deenary.com/page/privacy-policy (“Privacy Policy”).

5) Payment related information
a) You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details. Deenary expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
b) For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and Deenary does not control the same and shall be liable for the same.

6) User Obligation and Role of Deenary
a) Subject to compliance with the Agreement(s), Deenary grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
b) You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by:
i) (a) the Agreement(s) (including these Terms of Use); and
ii) (b) any applicable law.
c) You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website in accordance with clause 7.
d) You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by Deenary. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
e) The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to Deenary using the Website / Services (collectively referred to “User Content”). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Deenary does not endorse any User Content on the Website and is not responsible or liable for any User Content. Deenary reserve the right to disable access to the User Content on the Website.
f) You hereby grant Deenary a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
g) You agree, understand and acknowledge that the Website is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Deenary is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Deenary is not the seller of the Products. Accordingly, any contract for the sale / purchase of Products on the Website is a bipartite contract between You and the sellers (if You are a buyer) or You and the buyer (if You are a seller). Deenary neither recommends You to buy or sell any Products on the Website nor does Deenary endorses any such Products and nor does Deenary provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the Website. Further, Deenary does not guarantee, warranty or provide any assurance on the behaviour of any User of the Website including any guarantee, warranty or assurance that any User (whether buyer or seller) will complete any transaction or act in a prudent manner.
h) When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
i) belongs to another person and to which the User does not have any right to;
ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnicall objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
iii) harms minors in any way;
iv) impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
v) threatens the unity, integrity, defense, security or sovereignty of Italy, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
vi) infringes any patent, trademark, copyright or other proprietary rights;
vii) contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
viii) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
ix) engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
x) attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Deenary server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
xi) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Deenary, including any Deenary Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
xii) disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
xiii) use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of Deenary or other third parties;
xiv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
xv) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
xvi) violate any applicable laws or regulations for the time being in force within or outside Italy;
xvii) violate the terms of the Agreement.
i) You agree that You are solely responsible to Deenary and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which Deenary or its affiliates or its vendors may suffer) for any such breach.
j) Deenary does not pre-screen User Content. Deenary has no obligation to monitor any User Content. However, Deenary at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if Deenary determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where Deenary removes any User Content from the Website, Deenary will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute Deenary’s position as an intermediary or impose any liability on Deenary with respect to User Content.
k) You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
l) You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not resell the same to any other person.
m) There may be certain orders that Deenary is unable to process or pass on buyer’s order to the seller and must cancel. Some situations that may result in Deenary’s inability to process or pass on buyer’s order to the seller include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
n) In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by You.
o) In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts Deenary for the same, Deenary may inform the seller to provide or facilitate the provision of such services to the buyer. Deenary is not and shall not be obliged to provide any such additional services. Deenary’s role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

7) Use of Content
a) Except as expressly indicated to the contrary in any applicable Additional Service Terms, Deenary hereby grants You a non-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the Website, subject to the following conditions:
i) You may access and use the product catalogues solely for personal, informational, and internal purposes, in accordance with these Terms of Use;
ii) You may not modify or alter product catalogues available on the Website;
iii) You may not distribute or sell, rent, lease, license or otherwise make the product catalogues available on the Website available to others; and
iv) You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the Website.
b) The rights granted to You in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the Website. Such elements of the Website are protected by intellectual property rights and may not be copied or imitated in whole or in part.
c) Any software that is available on the Website is the property of Deenary or its vendors. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by the Agreement or by the express written permission of Deenary.

8) Intellectual Property Rights
a) The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) on the Website is owned and controlled by Deenary or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website, by no means are any rights impliedly or expressly granted to You in respect of such Content. Deenary reserves the right to change or modify the Content from time to time at its sole discretion.
b) The trademarks, logos and service marks displayed on the Website (“Marks”) are the property of Deenary or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Deenary, the vendor/seller or the third party that may own the Marks.
c) Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Deenary owns all intellectual property rights to and into the trademark “Deenary”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
d) Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Deenary or thirty party owner of such Content.

9) Third Party Content
a) General third party information such as, product catalogues, product description and specifications, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the Website (“Third Party Content”). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to You is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the Website. All Third Party Content is provided on an ‘As Is’ basis. Deenary may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Deenary shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
b) In the event any Third Party Content contains links to third party websites, and You visit any such external link, You agree to do so at your own risk, responsibility and liability. Deenary makes no warranty or representation regarding, and does not endorse, any website linked to the Website / Services or the information appearing thereon or any of the products or services described thereon.

10) Disclaimer of Warranties and Liability
a) THE WEBSITE, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY DEENARY ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, DEENARY MAKES NO WARRANTY THAT (I) THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEENARY OR THROUGHTHE WEBSITE / CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEENARY WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. DEENARY ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
c) YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DEENARY WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. DEENARY HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT DEENARY NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. DEENARY SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, DEENARY SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND DEENARY ‘S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. DEENARY IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO AN INVALID COUPON. DEENARY ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

11) Indemnification and Limitation of Liability
a) You agree to indemnify, defend and hold harmless Deenary, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (hereinafter individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.
b) Deenary may notify You of any claims which You shall be liable to indemnify Deenary against. You will then be required to consult with Deenary regarding the course of action to be undertaken in defending such a claim. Further, You shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Deenary without the express prior written consent of Deenary which can be withheld or denied or conditioned by Deenary in its sole discretion.
c) Notwithstanding anything to contrary in the Agreement(s), in no event shall Deenary, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Deenary has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, Services or Content.

12) Terms
a) The Agreement will continue to apply until terminated by either You or Deenary as set forth below. If You want to terminate Your agreement with Deenary, You may do so by (i) not accessing the Website; or (ii) closing Your Account for all of the Services that You use, where Deenary has made this option available to You.
b) You agree that Deenary may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Deenary determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to Deenary, for which monetary damages may be inadequate, and You consent to Deenary obtaining any injunctive or equitable relief that Deenary deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Deenary may have at law or in equity.
c) In addition to Clause 12.b above, Deenary may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
i) Deenary is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
ii) The provision of the Services to You by Deenary is, in Deenary’s opinion, no longer commercially viable;
iii) Deenary has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
iv) In the event Deenary faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
d) Deenary may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
e) You agree that all terminations shall be made in Deenary’s sole discretion and that Deenary shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
f) Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until Deenary chooses to terminate them. Deenary may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. Deenary may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.

13) Governing Law and Jurisdiction
a) These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Deenary shall be governed in accordance with the laws of Italy without reference to conflict of laws principles.

14) General Provisions
a) Notice: All notices with respect to these Terms of Use from Deenary will be served to You by email or by general notification on the Website. Any notice provided to Deenary pursuant to these Terms of Use should be sent to deenary@deenary.com.
b) Assignment: You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Deenary’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by Deenary to any third parties without the requirement of seeking Your prior consent. Deenary may inform You of such assignment or transfer in accordance with the notice requirements under the Agreement. Deenary shall have right to transfer Your Account and Account Information to a third party who purchases Deenary’s business as conducted under the Website.
c) Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. Deenary may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
d) Waiver: Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
e) Principal to Principal Relationship: You and Deenary are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and Deenary. As an abundant caution, it is clarified that Deenary shall not have any right to conclude any contract for sale or purchase of Products for and / or on Your behalf and both You and Deenary have entered this agreement on principal to principal basis.
f) Force Majeure: If performance of any service or obligation under these Terms of Use or other Agreement by Deenary is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Deenary or its third parties performing such services as sub-contractor to Deenary and could not have been prevented by reasonable precautions (each, a “Force Majeure Event”), then Deenary shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Deenary shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

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