TERMS OF USE

Welcome, and thank you for your interest in, Di Rani, Inc. (“Company”, “we”, or “us”) and our websites at www.diraniny.com, along with our related networks, applications, mobile applications, and other services provided by us (collectively, the “Service”). The Terms of Use (“Terms”) included below are a legally binding contract between you and Company regarding your use of the Terms.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

Arbitration Notice. Except for certain kinds of disputes described, you agree that disputes arising under these Terms, including any claims arising from or related to your use of the Terms will be resolved BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a neutral arbitrator and not a judge or jury.

Eligibility:

This is a contract between you and Di Rani. You must read and agree to these Terms before using our Site. If you do not agree to these Terms, you may not use our Site. You may use our Site only if you can form a binding contract with us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Site by anyone under thirteen (13) years of age is strictly prohibited and in violation of these Terms. If you are under eighteen (18) years of age, you may use the Site only with involvement a parent or legal guardian and their consent and agreement to these Terms. If you are under 18, you represent that you have your parent or guardian’s permission to use the Site and that your parent or guardian is agreeing to these Terms. If you are a parent or legal guardian of a User under the age of 18, by allowing your child to use the Site, you are subject to the terms of these Terms, and responsible for your child’s activity on the Site. You shall only use the Website as permitted by this Agreement, and you shall not use the Website or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. Di Rani reserves the right, in its sole discretion, to terminate your access to the Website for any or no reason. If you register for an account on the Website, you may be required to designate an email address and password, and there may be additional requirements as designated by Di Rani from time to time. You agree to assume all responsibility concerning your use of the Website, including all activity occurring through your password (and related account access). You shall immediately notify Di Rani if you suspect or become aware of any loss, theft, or unauthorized use of your password.

General Payment Terms:

Before you pay any fees for items you’d like to purchase (“Products”), you will have an opportunity to review and accept the fees that you will be charged.

1. Price: Company reserves the right to determine pricing for Products. Company will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Company may change the fees for any Product at any time. Company, at its sole discretion, may make promotional offers with different features and different pricing to any of Di Rani’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

2. Authorization: You authorize Di Rani to charge all sums for the orders that you make, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. If your order is placed on hold, we will reach out to you to ensure that the delays are minimal.

3. Payment Processing: Di Rani has partnered with certain third party payment processors to process payments you make. By choosing to place your order to be shipped outside the United States, you agree to Di Rani’s terms and conditions which may be found under Shipping & Returns.

4. Delinquent Accounts: Di Rani may suspend or terminate access to the Web Site for any account for which any amount is due but unpaid. In addition to the amount due for Products, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.

5. Sales Tax: Di Rani honors each state's guidelines concerning sales and use tax, determined by the destination address of your shipment. As you proceed through checkout and confirm your shipping details, any applicable taxes will be calculated on your total merchandise value. Additionally, order totals at checkout reflect estimated tax. The actual charge to your payment method will reflect all applicable state, local and county taxes and will be calculated once your order is shipped.

Electronic Signatures and Agreements:

You acknowledge and agree that by clicking on the button labeled “SUBMIT”, “DOWNLOAD”, “PLACE MY ORDER”, “I ACCEPT”, ANY LINK THROUGH WHICH YOU SUBMIT BILLING OR SHIPPING INFORMATION, or such similar links as may be designated by Di Rani to accept these terms and conditions, you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR PRODUCTS OFFERED BY DI RANI. Further, you waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non- electronic records, or to payments or the granting of credits by other than electronic means.

Website Ownership and Content:

The Website contains materials including, but not limited to, text, images, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Di Rani, its licensors, licensees or other third parties (collectively the “Content”). The Website and the Content are owned, licensed, or controlled by Di Rani, its licensors, and certain other third parties, and all right, title, interest in and to the Content and the Website are the property of Di Rani, its licensors, or certain other third parties and are protected by United States and international copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible. By using the Website, you will not obtain any ownership or intellectual property or other interest in any item or content on the Website. Subject to your agreement and compliance with this Agreement, Di Rani grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable license to access, display, view, and use the Content on the Website for your own personal, non-commercial use only. You agree that Di Rani may immediately and, without notice to you, suspend or terminate the availability of the Website, its Content, or the Products without any liability to you or any third party.

User-Generated Content:

By submitting or posting any materials or content on the Site (“User-Generated Content”), you grant to Di Rani a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any parts of such materials. You hereby represent, warrant and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party, and you have full right to grant Di Rani the license specified above. Di Rani shall be entitled to use any User-Generated Content without incurring obligations of confidentiality, attribution or compensation to you.

Our Trademarks are Registered:

Di Rani and the logos for these marks are trademarks of Di Rani, Inc. You are not permitted to use these trademarks without our approval.

Changes to Our Site:

We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and We are under no obligation to update it. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

Communication To You:

You agree that Di Rani may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of Di Rani's products or services, or for such other purpose(s) as Di Rani deems appropriate.

Promotions and Contests:

Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that Di Rani may use your information for marketing and promotional purposes.

International Use:

Di Rani is based in the United States. We make no representation that the Service is appropriate or available for use in all jurisdictions. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

LINKS TO OTHER WEB SITES AND SERVICES:

OUR SERVICE MAY CONTAIN LINKS TO THIRD-PARTY MATERIALS, SITES OR SERVICES THAT ARE NOT OWNED OR CONTROLLED BY DI RANI AND CERTAIN FUNCTIONALITY OF OUR SERVICE MAY REQUIRE INTEGRATION WITH OR YOUR USE OF THIRD-PARTY SERVICES. IF YOU USE A THIRD-PARTY SERVICE, YOU ARE SUBJECT TO AND AGREE TO THE THIRD PARTY’S TERMS OF SERVICE AND PRIVACY POLICY MADE AVAILABLE ON THEIR SERVICES. WE DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY SUCH THIRD-PARTY SITES, INFORMATION, MATERIALS, PRODUCTS, OR SERVICES. IF YOU ACCESS A THIRD-PARTY WEBSITE OR SERVICE FROM OUR SERVICE OR SHARE YOUR USER CONTENT ON OR THROUGH ANY THIRD-PARTY WEBSITE OR SERVICE, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THIS AGREEMENT AND OUR PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SERVICES OR SITES. YOU EXPRESSLY RELIEVE DI RANI FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE, SERVICE, OR CONTENT, INCLUDING WITHOUT LIMITATION USER CONTENT SUBMITTED BY OTHER USERS.

WARRANTIES; DISCLAIMER:

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DI RANI OR THROUGH OUR SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, DI RANI, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICE WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR SERVICE. WE ATTEMPT TO ENSURE THAT INFORMATION PROVIDED ON OR IN CONNECTION WITH THE SERVICE COMPLETE, ACCURATE AND CURRENT. DESPITE OUR EFFORTS, SUCH INFORMATION MAY OCCASIONALLY BE INACCURATE, INCOMPLETE OR OUT OF DATE. ACCORDINGLY, WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF SUCH INFORMATION, INCLUDING ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, SPECIFICATIONS AND SERVICES DESCRIBED OR DEPICTED ON THE SERVICE. SUCH INFORMATION IS ALSO SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE.

FURTHER, DI RANI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND DI RANI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Inaccuracy Disclaimer:

From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Price and availability information contained on this site is subject to change without notice. Di Rani shall not be bound by any errors or omissions in posting product information or prices with respect to any products or services offered on the Site. All materials and information presented by Di Rani on the Site are intended to be used for informational purposes only.

We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Notice Regarding Apple:

This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Contact Us:

If you wish to contact us in respect of our Terms of Use (of this site), please contact us at info@diraniny.com

 

Thank you for visiting Di Rani!