Original Pakistani Designer dresses | Colors By Nadia

TERMS & CONDITIONS

TERMS OF USE

OVERVIEW

This website is operated by Colors By Nadia. Throughout the site, the terms “we”, “us” and “our” refer to Colors By Nadia. Colors By Nadia offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing and browsing this website, you accept these Terms without limitation or qualification. If you do not agree with these Terms, whether in whole or in part, do not use this website. You are responsible for ensuring that your access to this website and the material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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. You are responsible for ensuring that your access to this website and the material available on or through it are legal in each jurisdiction in or through which you access or view the site or such material.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

Accuracy of Information

The information, material, product specifications and prices on this website are subject to change at any time without notice. The Site Owner does not represent or warrant that information, material, product specifications or prices on this website is up-to-date, accurate, error-free or complete. The Site Owner does make all reasonable efforts to accurately display product specifications, including the product colors; however, the actual color visible by you on your computer monitor will depend on your computer system. The Site Owner cannot guarantee that your computer system will accurately display such colors. The inclusion of any products on this website at a particular time does not imply or warrant that these products will be available at any time.

Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You acknowledge that information or material that you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable laws, such as personal information, which is subject to the website’s Privacy Policy. You further acknowledge that any unprotected e-mail communication via the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material that you provide electronically to the Site Owner by accessing or using this website does not infringe the rights of any other person or entity, that, subject to the website’s Privacy Policy, the Site Owner may use that information or material, in whole or in part by any means whatsoever, including reproduction, retransmission or publication of the said information or material, or ideas, concepts or other information contained therewith, for the commercial purposes of the Site Owner or the disclosure of your identity. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the Site Owner or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 -USER NAME AND PASSWORD

Certain of the services and related features made available on this website may require registration or subscription. Should you choose to register or subscribe for any such services or related features; you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for:

1. Maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on this website, and

2. All activities that occur under such password or account. Further, you agree to notify the Site Owner of any unauthorized use of your password or account. The Site Owner reserves the right to cancel or suspend your account registration or subscription at its discretion without any notice or liability to you. The Site Owner and its affiliates, as well as their respective directors, officers, and employees, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind arising out of, or in connection with, your failure to comply with this provision.

SECTION 9 -ORDERS AND SHIPPING

Products displayed on this website may be unavailable, may have different specifications than those displayed on the website, or may be available at a price that is different than the price displayed on the website. The Site Owner reserves the right, without prior notice, to limit the order quantity on any product or to refuse to sell a product to any customer, regardless of whether the customer received an email order or shipping confirmation, for any reason whatsoever.

The Site Owner may require verification of information prior to the acceptance of any order.

Pricing errors may occur on the www.colorsbynadia.com, Colors by Nadia Inc. reserves the right to cancel any order and all orders containing pricing errors with no further obligations inclusive of online order confirmations and shipping notifications from www.colorsbynadia.com.

he Site Owner accepts American Express, MasterCard, Visa, Visa Debit and PayPal for payment of purchases made through the website. The cardholder or account holder must be the person who places the order. The Site Owner does not retain your credit card information following completion of your order by the financial institution issuing the credit card. The Site Owner does retain the authorization number for the transaction in case you wish to return the purchase for a credit. The total price of your order will be charged to your credit card or PayPal account when the Site Owner’s shipping notice email has been sent to your email address.

Advertisements on the website are invitations to you to make offers to purchase products and services on the website and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the products or services referenced in your order. Your order will be deemed to be accepted only once it has left the Site Owner’s distribution center to be shipped to a location in Canada. This may occur sometime after the order and shipping notification emails have been sent.

The Site Owner uses Secure Sockets Layer (“SSL”) technology to protect the security of your credit card information as it is transmitted. SSL is the industry standard for secure commerce transactions. It prevents your personal information from being read by someone else as it travels across the Internet. All of your personal information is encrypted, including credit card number, name and address.

SECTION 10- THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy. You acknowledge that information or material that you provide electronically through your access to or usage of this website is not confidential or proprietary, except as may be required under applicable laws, such as personal information, which is subject to the website’s Privacy Policy. You further acknowledge that any unprotected e-mail communication via the Internet is subject to possible interception, alteration or loss. You represent and warrant that the information or material that you provide electronically to the Site Owner by accessing or using this website does not infringe the rights of any other person or entity, that, subject to the website’s Privacy Policy, the Site Owner may use that information or material, in whole or in part by any means whatsoever, including reproduction, retransmission or publication of the said information or material, or ideas, concepts or other information contained therewith, for the commercial purposes of the Site Owner or the disclosure of your identity. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, the Site Owner or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 14 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 – LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Colors By Nadia, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law

The Site Owner and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, including without limitation, for breach of contract, strict liability, contractual or extra-contractual liability, tort, including negligence, or any other legal or equitable liability theory, arising out of or in connection with this website, its content, or the use thereof or access thereto. For greater certainty, but without limitation whatsoever and notwithstanding anything to the contrary, the Site Owner and its affiliates, as well as their respective directors, officers, and employees, will not be liable, whether towards you or a third party, for claims, losses, costs, expenses or damages of any kind, be they direct, indirect, incidental, special, consequential, exemplary or punitive, arising out of or in connection with the following:

1. Telecommunications systems breakdowns, underperformance, delays, interruptions in service, electrical failures and blackouts, including such failures and problems having a negative impact on the communication, transmission, accuracy or prompt reception of information, material, messages or instructions between you and the Site Owner or preventing, in whole or in part, the transmission of such information, material, messages or instructions;

2. Your inability, at any time, to access any part of the website or its content, or the products and services offered on this website;

3. Subject to the website’s Privacy Policy, the interception, loss or disclosure of confidential or sensitive information communicated via the Internet, including personal information;

4. The lack of reliability, prompt access or availability of this website or any part of its content and the products and services offered on this website; and

5. The failure of the Site Owner to take corrective measures

The exclusions and limitations mentioned above shall apply even if the Site Owner is advised of the possibility of such claims, losses, costs or damages.

Should you have any problem with the items or products that you have purchased on or through this website, you agree that your sole remedy, if any, is from the manufacturer of such items or products, in accordance with such manufacturer’s warranty. With the exception of the above, your sole and exclusive remedy is to discontinue using and accessing this website. To the extent that the jurisdiction to which you are subject does not allow any part of such exclusion or limitation of liability, such part does not apply.

SECTION 16-EXCLUSIONS OF WARRANTIES

The site owner makes no representation or warranty regarding the functionality, good working order or condition of this website, the information, applications, products, and services contained on this website, its suitability for use, or its use in an uninterrupted or error-free manner. All material, applications, products, services, and information on this website are provided to you “as is” without warranties of any kind. The site owner and its affiliates disclaim all warranties and conditions, written or oral, statutory, express or implied, including without limitation, warranties and conditions of merchantability or fitness for a particular purpose or non-infringement of intellectual property rights.

All products purchased on or through this website are subject only to any applicable warranties of their respective manufactures, distributors and suppliers, if any. To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products listed or purchased on or through this website. 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, misappropriation or infringement of intellectual property rights.

These exclusions are in addition to any specific exclusions otherwise provided in these Terms. To the extent that the jurisdiction to which you are subject does not allow exclusion of certain warranties, such non permitted exclusions may not apply to you.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Colors by Nadia and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 18 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 19 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 20-INDEMNIFICATION

You agree and undertake to take up the interest, indemnify and hold harmless the Site Owner and its affiliates, including their respective directors, officers and employees, from all liability, claims, suits originating from a third party, and damages (including reasonable fees owed to lawyers and experts) arising out of or in connection with your failure to respect the present Terms or from any other act or omission on your part through your use of the Internet, your access to any website, including this one, or access to any website by anyone using your computer system with your permission and on your behalf.

SECTION 21-Responsibility for your Computer System

You remain entirely responsible for all damage caused to your computer system by:

1. The connection, configuration and compatibility of the different components of your computer system.

2. The use of all material originating from any website whatsoever.

3. Access to any website.

4. The download of any data, software or viruses.

The Site Owner and its affiliates, as well as their respective directors, officers, and employees, assume no liability whatsoever for the illegal access to your computer system by hackers nor for the quality, reliability, compatibility or speed of services provided by any Internet service provider.

SECTION 23-RISKS RELATED TO THE INTERNET

Communications via the Internet are susceptible to interception, loss or modification. Thus, no personal information should be transmitted by you to the Site Owner by way of email, unless measures have been taken to ensure the security of the communication. You agree that the Site Owner and its affiliates, as well as their respective directors, officers, and employees, assume no liability whatsoever towards you or a third party for any injury or damages suffered in relation to an email sent to the Site Owner or by the Site Owner on your request. You fully assume the risks associated with such a communication.

The Site Owner does not represent or warrant that the information or material, including any downloadable software, accessed from or through this website will be uninterrupted or free of errors, defects, viruses or other harmful components, or that any such problems that are discovered will be corrected.

SECTION 24-ASSIGNMENT

This agreement is personal to you, and you may not assign your rights or obligations to anyone.

SECTION 25 – TERMINATION

You acknowledge and agree that the Site Owner, in its sole and absolute discretion, may, without notice to you, suspend, cancel or terminate your account or your use of, or access to, this website or any of its services, and remove and discard any information or content related to this website or any of its services (and your use thereof), for any reason, including where the Site Owner believes that you have violated any of these Terms. You further agree that the Site Owner shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with this website or any of its services or with any of these Terms, or with any conditions, rules, policies, guidelines, or practices of the Site Owner or any of the services available on this website, your sole and exclusive remedy is to discontinue using this website or its services.

SECTION 26-SURVIVAL

These Terms apply while you are accessing this website and remain in effect thereafter, subject to section Changes to Terms herein. In the event that this website is no longer accessible to you, the provisions set out in section Exclusion of Warranties, Limitation of Liability, Indemnification, and Copyrights and Trade-marks of these Terms and conditions shall survive thereafter.

SECTION 27 -JURISDICTION

This website is controlled and operated by the Site Owner from Ontario, Canada and these Terms shall be governed by the laws applicable in the Province of Ontario and applicable federal laws of Canada, without reference to principles of conflict of laws. Any dispute arising from, connected with or relating to this website, these Terms or any related matters must be resolved before the Courts of Province of Ontario sitting in the City of Toronto, Ontario, Canada, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.

SECTION 28 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 29-ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 30 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@colorsbynadia.com