Daily Deals and Promotions for Fine Jewelry, Watches, and Special Gifts.

Introduction

The website identified by the uniform resource locator YadanaStore.com (the Site ” Yadana Store.com”) is operated by Yadana Online Store Inc. (the “Yadana Online Store”). This Terms and Conditions Agreement (the ” Agreement”) is entered into between you as the buyer (the “Buyer”) of the Site ” YadanaStore.com”.

The Site “YadanaStore.com” provides its services to you subject to the notices, terms and conditions set forth in the below agreement. Accessing, browsing, or otherwise using the site ” Yadana Store.com” indicates your agreement to all the terms and conditions in this agreement. Please read this agreement carefully before registration.

Please also note that your click of “Create Account” button constitutes your unconditional agreement to follow and be bound by this Agreement. If you do not accept all of the terms of this Agreement, please do not click the related button.

In addition, when you use any the YadanaStore.com’s service, you will be subject to the rules, guidelines, policies, terms and conditions applicable to such services, and they are incorporated into this Agreement by this reference. The site “YadanaStore.com” reserves the right to change these terms and conditions at any time.

1. Application of Registration

1.1 For your registration and purchase on the site “YadanaStore.com”, you should accept this Agreement, the rules, guidelines, policies, the terms and conditions related to them and the Privacy policy. Meanwhile, during your transaction process on the Site “YadanaStore.com”, certain Membership Agreement and related terms and conditions between you as a Buyer and the Site “YadanaStore.com” will bind. Therefore, besides this Agreement, we recommend you to read those relative terms, conditions and information carefully. Additionally, your acceptance of this Agreement also means that the aforesaid relative terms, conditions and the Privacy Policy will apply to your transaction process on the Site “YadanaStore.com”.

1.2 Terms has not been defined or stipulated in this Agreement shall be interpreted in accordance with the definition(s) or provision(s) of the Terms and Conditions.

1.3 Except as explicitly stated otherwise, the registration, services, functions and features on the Site “YadanaStore.com” is free of charge for our Buyers, however, the Site “YadanaStore.com” reserves the right to charge them in the future for whatever reason.

1.4 After your registration, you will get a unique Account ID and Password from the Site “YadanaStore.com”. Each Buyer shall take responsibility solely for the transaction outcome occurred under this Account ID and Password, and for the confidentiality of your Account ID and Password. You should use this Account ID and Password alone, and, without prior written consent from Yadana Online Store or the Site “YadanaOnline Store.com”, you should not transfer your Account ID and Password to others for any use. Yadana Online Store or the Site “YadanaStore.com” shall never take responsibility for any loss or damages related to your incorrect use or transfer of the Account ID or Password.

1.5 In its sole discretion, the Site “YadanaStore.com” may suspend or terminate any account, part of function and service of any account, for whatever reason, including but not limited to, any delay of payment, delivery, breach of contract, infringement of third party rights, or creating any liability for the Site YadanaStore.com” or Yadana Online Store.

1.6 Please also note that the services, functions and features from the Site YadanaStore.com that the Buyer may enjoy may differ with the country or region you are living or transacting, and certain functions and services on the Site YadanaStore.com” may require special verification or be preserved for premium members only.

2. Transaction on the Site YadanaStore.com

2.1 You must be registered on the Site YadanaStore.com” in order to make transaction on the Site YadanaStore.com” and/or access some Services. Your status as a Buyer and the transaction process are governed by the Agreement and any terms and conditions related thereto. Yadana Online Store may reject a Buyer’s application for registration for any reason.

2.2 Each Buyer will be required to provide information or material about yourself or your use of any service or the site YadanaStore.com’s account. Each Buyer represents, warrants and agrees that (a) such information and material, whether submitted during the registration process or thereafter throughout the continuation of the use of the Site YadanaStore.com” or service, is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

2.3 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the product(s) purchased. You realize that any delay in the process of payment/delivery may constitute a contract breach, and you shall be solely responsible for such breach.

2.4 You understand that by using and accessing the Site YadanaStore.com or any Services provided on the Site YadanaStore.com”, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Site YadanaStore.com” and any Service at your sole risk, and that The Site YadanaStore.com” and Yadana Online Store shall have no liability to you for Content that may be deemed to be offensive, indecent, or objectionable.

2.5 Each Buyer understands and accepts that the product and content listing or displaying on the Site YadanaStore.com” may relate to copyrights, trademarks, trade secrets, patents and other personal or proprietary rights of a third party. Further, each Buyer agrees that the Buyer who uploads or lists that content and information on the Site YadanaStore.com” shall be solely responsible for any violation of third party rights. The Site YadanaStore.com” and Yadana Online Store shall not be liable for any infringement or purchase dispute related to the intellectual property and/or other personal or proprietary rights of third party.

2.6 When required by the government, law enforcement body, or oblige whose legitimate right has been injured, or forced by subpoena or other legal document, Yadana Online Store may disclose the User’s identity and contact information. Buyer agrees not to bring any action or claim against Yadana Online Store for such disclosure.

3. Transactions between Buyers and Sellers

3.1 Each Buyer understands and agrees that Yadana Online Store is not a traditional seller or mart. Throughout the Site YadanaStore.com”, what Yadana Online Store provides is only an online platform or venue for information exchange and transaction between you and sellers. Although Yadana Online Store will monitor the regular operation of the Site YadanaStore.com” to fulfill the duty of care, The Site YadanaStore.com” and Yadana Online Store does not review and check each posted content and listing to search for the infringement and illegal activity.Besides, due to the limitation of current technology, searching for the infringement and illegal activity in our Site YadanaStore.com” is beyond our competence and capability.

3.2 Despite this Agreement, the terms and conditions linked to this Agreement, Privacy policy and other terms and conditions throughout the Site YadanaStore.com”, no agency relationship will be created between Yadana Online Store and the seller or buyer concerning the listing and transaction, whether or not such transactions are entered into via the Site YadanaStore.com”.

3.3 Buyers hereby acknowledge that although Yadana Online Store tries its best to provide you with accurate information and listing posted by sellers, and do general verifications about the identity of the sellers, there still may be risks of purchasing with people online. Therefore, we encourage you to use relevant tools available, reasonable judgment, as well as common sense, to make the deal online.

3.4 In no event shall Yadana Online Store be responsible for any infringement or transaction dispute, including, but not limited to, transaction disputes about quality, safety, breach of warranty, lawfulness or availability of the products or services and the payment from Buyers, as well as any intellectual property infringement by sellers.

3.5 Buyers agree to release and indemnify Yadana Online Store and its agents, affiliates, directors, officers and employees from all claims, demands, actions, proceedings, costs, expenses and damages (including, but not limited to, any actual, special, incidental or consequential damages) arising out of or in connection with any transactional dispute about the products, listing, or information on the Site YadanaStore.com”.

4. Limitation of Liability

4.1 To the maximum extent permitted by law, the Site YadanaStore.com” makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness of any information provided on or through the site YadanaStore.com”; the Site YadanaStore.com” does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the site YadanaStore.com” does not violate any third party rights; and the Site YadanaStore.com” makes no representations or warranties of any kind concerning any product or service offered or displayed on the site YadanaStore.com”.

4.2 Any material downloaded or otherwise obtained through the Site YadanaStore.com” is done at each Buyer’s sole discretion and risk and each Buyer is solely responsible for any damage to the Site dropshipping.Yadana Online Store.com’s end device system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by any Buyer from the Site YadanaStore.com” shall create any warranty not expressly stated herein.

4.3 The Site YadanaStore.com” may make available to Buyer services or products provided by independent third parties. No warranty or representation is made with regard to such services or products. In no event shall Yadana Online Store and our affiliates be held liable for any such services or products.

4.4 The Site YadanaStore.com” shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to,damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, equity or otherwise or any other damages resulting from any of the following:

  • the use or the inability to use the Site YadanaStore.com” or relevant services;
  • any defect in goods, samples, data, information or services purchased or obtained from a seller or any other third party through the Site YadanaStore.com”;
  • violation of Third Party Rights or claims or demands that manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Site YadanaStore.com” may violate or may be asserted to violate Third Party Rights; or claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
  • unauthorized access by third parties to data or private information of any User of the Site YadanaStore.com”;
  • any statements or conduct for User of the Site YadanaStore.com”; or
  • any matters relating to Services however arising, including negligence.

4.5 Notwithstanding any of the foregoing provisions, the aggregate liability of the Site YadanaStore.com” or Yadana Online Store, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Site YadanaStore.com” or Services during any calendar year shall be limited to the greater of (a) the amount of fees the User has paid to the Site YadanaStore.com” or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. The preceding sentence shall not preclude the requirement by the User to prove actual damages. All claims arising from the use of the Site YadanaStore.com” or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing this Terms and Conditions.

4.6 The limitations and exclusions of liability to you under the Agreement shall apply to the maximum extent permitted by law and shall apply or should have been aware of the possibility of any such losses arising.

5. Order Acceptance

Please note that there may be certain orders that we are unable to accept and must cancel. Yadana Online Store or the Site YadanaStore.com” reserves the right, at sole discretion, to refuse or cancel any order for any reason.

Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department.

We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.

6. Copyright

All graphics, text, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on this site of Yadana Online Store (collectively, “Content”), belongs exclusively to Yadana Online Store or its appropriate content suppliers.

You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by Yadana Online Store, without Yadana Online Store express prior written consent.

The use of data mining, robots, or similar data gathering and extraction tools on the Site YadanaStore.com” as well as the use of Yadana Online Store trademarks or service marks in meta-tags is strictly prohibited.

You may view and use the Content only for your personal information and for shopping and ordering on the site YadanaStore.com” and for no other purpose.

The collection, arrangement, and assembly of all content on this site YadanaStore.com” (the “Compilation”) belong exclusively to Yadana Online Store. You may not use Yadana Online Store’s Content or Compilation in any manner that disparages or discredits Yadana Online Store or in any way that is likely to cause confusion or violation of any applicable laws or regulations.

All software (the “Software”) used on this Site YadanaStore.com” is the property of Yadana Online Store and/or its Software suppliers.

The Content, the Compilation and the Software are all protected under applicable copyright laws or regulations. All rights not expressly granted are reserved by the Site YadanaStore.com”. Violators will be prosecuted to the full extent of the law.

7. Intellectual Property Infringement Policy

Yadana Online Store recognizes and respects intellectual property. This is the policy of Yadana Online Store to take appropriate action where necessary to uphold and recognize all relevant laws in connection with material that is claimed to be infringing any trademark, copyright, patent and all or any other Intellectual Property laws.

If you are an intellectual property rights owner and you believe that the Site dropshipping.Yadana Online Store.com’s lists, sells, offers for sale, or makes available goods and/or services that infringe your intellectual property rights, then send the following information in its entirety to support@yadanastore.com.

Information required:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • A description of the allegedly infringing product(s);
  • A description of where the allegedly infringing material is located on the site YadanaStore.com”(product(s) URL);
  • Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law;
  • Identification of the intellectual property rights that you claim are infringed by the Site YadanaStore.com”(e.g. “XYZ copyright”, “ABC trademark, Reg. No. 123456, registered 1/1/04”,etc);
  • A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

8. Termination

The Agreement is effective unless and until terminated by either you or Yadana Online Store. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site YadanaStore.com”. Yadana Online Store also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site YadanaStore.com”, if in Yadana Online Store’s sole discretion you fail to comply with any terms or provision of this Agreement. Upon any termination of the Agreement by either you or Yadana Online Store, you must promptly destroy all materials downloaded or otherwise obtained from this Site YadanaStore.com”, as well as all copies of such materials, whether made under the Terms and Conditions or otherwise. Yadana Online Store’s right to any contents, shall survive any termination of this Agreement.

9. Notice

9.1 Except as explicitly stated otherwise, all notice or demand to or upon Yadana Online Store shall be in writing and delivered to Yadana Online Store by mail to the following address: 1150 S. Milliken Avenue, Ontario,CA 91761, Attn: Yadana Online Store Inc. Notice shall be deemed effective when received by Yadana Online Store in any of the above-mentioned manner.

9.2 All notices or demands to or upon a Buyer shall be effective if delivered personally, by e-mail to the e-mail address provided to Yadana Online Store during the registration process (as updated from time to time, if applicable), or by posting such notice or demand on an area of the Site YadanaStore.com” that is publicly accessible without a charge. Notice to a Buyer shall be deemed to be received by such Buyer if and when: (a) Yadana Online Store is able to demonstrate that communication, whether in physical or electronic form, has been sent to such Buyer, or (b) immediately upon Yadana Online Store posting such notice on an area of the Site YadanaStore.com” that is publicly accessible without charge.

9.3 You agree that all agreements, notices, demands, disclosures and other communications that Yadana Online Store sends to you electronically satisfy the legal requirement that such communication should be in writing.

10. General

10.1 Yadana Online Store reserves the right to update or modify this Agreement at any time without prior notice to you. Your use of the Site YadanaStore.com” following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as changes.

10.2 Headings used in the Agreement are for reference purposes only and in no way define or limit the scope of the section.

10.3 If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be deleted or reformed to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect.

10.4 The failure of Yadana Online Store to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Yadana Online Store’s rights with respect to such breach or any subsequent breaches.

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