The website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other rules, policies, and procedures that may be made available on the website from time to time. By visiting our website and/or making a purchase from us, you hereby agree to be bound by the Terms herein as they apply to your purchase or use of any products offered on the website either as a guest or as a registered user. 

By accessing and/or using the website, you represent and warrant that you have the capacity to enter into the agreement and to abide by all of the terms and conditions set forth herein. You may not access or use this website, subscribe to our newsletter, or accept this agreement unless you agree with the terms herein. If you do not agree with all provisions of this agreement, please do not access and/or use the website, sign up for our newsletter, or purchase products through the website.

Throughout these Terms, we use "AJADI," "we," "us," and "our" to refer to AJADI, offering our website to you. "You" refers to you as an individual who makes use of the AJADI website.

IMPORTANT NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AFFECTING YOUR LEGAL RIGHTS. PLEASE READ THE ARBITRATION CLAUSE CAREFULLY, AS IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AJADI ON AN INDIVIDUAL BASIS, LIMITS YOUR ABILITY TO SEEK RELIEF IN A COURT OF LAW, AND WAIVES YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS OR CLASS ARBITRATIONS.

Modifications and Communications

We may modify these Terms at any time by posting revised Terms on our website, and if we do so, we will let you know either by posting the modified Terms on the website or through other communications, such as the mobile phone number and email address you submitted to us. We advise you to review the website periodically for updates to Terms. Use of the website following modifications to Terms constitutes your acceptance of revised Terms. You may contact us by writing to support@madebyajadi.com with any queries arising from these Terms.

The contents of this website may include technical inaccuracies or typographical errors. We may publish changes to the contents without prior notice to you. We may also make improvements and/or changes in the products and services and/or the features described herein at any time without prior notice to you. We shall have the right to revise and edit these contents at any time. By linking, accessing, browsing, and/or using this website, you agree to be bound by any such revisions.

If you do not agree to be bound by the modified Terms, then you may not use the website anymore. Because our services are evolving, we may change or discontinue all or any part of the website at any time and without notice at our sole discretion.

AJADI Account: Registration And Security

You do not need to create an account to access or make purchases on our website. However, you may need to register and create an account to gain access to some of our content or use certain AJADI services. When you register, the information you provide us during the registration process will help us offer content, service, and management of your account. 

Eligibility: You must be at least 18 years of age (or the legal age in your jurisdiction) in order to be able to use the website, and you agree to be bound by these Terms. If you are under 18, you may only access and use the website with the permission of a parent or guardian.

Sign-up and acceptance: Signing up for an account is optional. However, to sign up, you will be required to submit certain personal information, such as your name and email address. We may also require you to provide additional information about yourself, such as your shipping and billing address, which is not compulsory to sign up for a user account.

Account security: You are responsible for maintaining the confidentiality of your account, username, and password and for all activities associated with or occurring under your account. We encourage you not to share your account login information with any third party.

Purchases can be made on our website without an account. However, signing up for an account provides a better purchasing/store experience through potential features like a loyalty program and personalized promotions.

Intellectual Property, Copyrights, and Trademarks

Intellectual property: All proprietary content associated with Our website, including but not limited to product information, descriptions, pricing, page layout, images, texts, graphics, etc., constitutes Intellectual Property solely owned by AJADI or its licensors. Use of our Intellectual Property without explicit authorization is strictly prohibited. Other service marks, logos, and names on this website are the property of their respective owners. Any use of the website or the contents made available to you through the website other than as specifically authorized herein without our prior written permission is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. 

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable by AJADI at any time without notice and with or without cause. Despite the foregoing, we make no claim to the trademarks, copyrights, patents, or other intellectual property contained in certain third-party features, which are entirely the property of its owner, assignees, and licensees.

Permitted use and restrictions: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the website subject to the Terms of this Agreement. Any rights not expressly granted herein are reserved by us.

You may not: (i) remove any copyright, trademark, or other proprietary notices from any portion of the website; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the website except as expressly permitted by us; (iii) decompile, reverse engineer or disassemble the website except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the website; or (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the website or unduly burdening or hindering the operation and/or functionality of any aspect of the website.

Terms of Sale

Product Description, Availability, and Pricing

Product Description: We make reasonable attempts to ensure that product descriptions are as accurate as possible. However, the actual colors you see may depend on your monitor or mobile device and may not be as accurate as we intended. Your sole remedy for a product not as described is to return it in unused condition. 

Product Availability: We strive to keep our online inventory availability as accurate as possible, but sometimes, an item might unexpectedly go out of stock. In these rare cases, the unavailable items will be removed from the customer's order. We will notify the customer over email if/when any items are removed from their order. In such case, we will refund in full all amounts you paid in respect of such an unavailable item or offer you a choice to choose an alternative. If you have a question about a canceled item or order, please contact us by email at support@madebyajadi.com.

Product pricing: Although we make reasonable attempts to provide accurate pricing information about the products listed on our website, typographical errors and pricing mistakes may occur in pricing. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update price information and other information at any time without prior notice, including after you have submitted your order.

Order and Order Limitations: In our sole discretion, we reserve the right to refuse or cancel an order for any reason, including errors in product pricing information, to avoid fraud and to limit the quantities of any product that may be purchased on a per-order or per person basis. By placing an order for products, you accept to pay for the products, including applicable taxes and all shipping and handling charges.

Payment, Tax, and Delivery of Order

Payment: The total cost of your order and/or purchase shall be displayed to you on the checkout page. We must receive payment in advance before processing your order. Payment for purchases on the website can be made using most major credit cards and other online payment methods made available to you at the checkout page. If you make use of a credit card to pay for your order, you must use your credit card or a credit card that you are otherwise authorized to use. All credit cardholders may be subject to validation checks by third parties and authorization by the card issuer. If the issuer of the card refuses to authorize payment or any other validation checks return adverse results, we will not accept your order, and we will not be liable for any delay or non-delivery, and we are not obliged to inform you of the reason for the refusal.

Tax: AJADI will add applicable sales/use tax on orders as may be necessary. The total price of your order is inclusive of any applicable tax.

Order and shipping: If you order items for delivery, the terms that apply to that delivery will depend upon the item(s) you order, the delivery address, and the delivery method you select. Please see our Shipping policy for more information about our shipping practices.

User Representation and Acceptable Use

You hereby represent, warrant, and agree that no materials of any kind submitted through your account or otherwise posted or shared by you through the website will be in violation of the rights of any third party, including but not limited to the copyright, trademark, publicity, privacy or other personal or proprietary rights.

Although we are committed to providing a safe user experience, we do not guarantee that the website, or any content in it, will be safe, error-free, or uninterrupted or that it will be free from bugs or viruses. From time to time, access to the website may be interrupted, suspended, or restricted, including because of a fault, error, unforeseen circumstances, or scheduled maintenance. We shall not be liable to you for any loss or damage that you may suffer as a result of the website being unavailable at any time for any reason.

You agree, undertake and confirm that your use of the website we make available to you shall be strictly in accordance with the following binding guidelines:

You shall not host, display, upload, modify, publish, transmit, update, or share any information that:

is in violation of state, territorial or federal laws and regulations.

belongs to another person and to which you do not have any right to make use of or promote an illegal or unauthorized copy of another person's copyrighted work, such as providing links to them or providing information about them;

is grossly harmful, harassing, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or,

is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual or provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

Involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming" or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information;

promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult);

tries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, blogs, communities, account information, bulletins, or other areas of the website or solicits pass-codes or personal identifying information for commercial or unlawful purposes from other users.

interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;

refers to any website or URL that, at our sole discretion, contains material that is inappropriate for the website or contains content that would be prohibited or violate the letter or spirit of these Terms.

You shall not use any "deep-link," "page-scrape," "robot," "spider," or other automatic devices, program, algorithm, or methodology, or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website.

You shall not abuse any discounts, coupons, or promotions by harvesting or farming discounts or coupons.

You shall not attempt to encourage, permit, or allow other users of the website to do anything that is prohibited or anything that violates the terms of this agreement.

You shall not use the website for fraudulent or illegal purposes or in connection with a criminal offense or any unlawful activity.

You shall not 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 to the website, or any other customer, including any account on the website not owned by you, to its source, or exploit the website or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by AJADI.

You shall not attempt to obtain another user's account username, password, or other security information.

You shall not conceal your true IP address or otherwise misrepresent or impersonate your identity.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the website, any transaction being conducted on the website, or any other person's use of the website.

You shall not use our website for any other purpose than AJADI's intended purpose as described herein.

User-generated content, reviews, comments, feedback, and other submissions

We may allow Users to submit, upload, publish or otherwise make available text reviews, ratings, writeups, comments, posts, graphics, images, tags and other content ("User Content") on the website. By thus sharing any User Content, You grant AJADI unconditional consent to access, monitor, retain, copy, host, and process Your User Content solely for the purpose of displaying the same on the website.

You affirm and covenant that any User Content You submit complies with provisions in these Terms and does not infringe proprietary rights or privacy rights of any third party. You shall not share content that is unlawful, abusive, harmful, obscene, racist, sexist or ethically objectionable. We reserve the sole discretion to remove any User Content from the website without liability to provide reasons or justification at any time without notice.

You also grant AJADI a non-exclusive, royalty-free and fully paid license to use, reproduce, modify, publish, and distribute your User Content (except any personal identification information) for the purpose of displaying the same on the website. This license shall survive any termination of Your access to the website.

Copyright Infringement and Notification ("DMCA Notice")

AJADI respects the rights of copyright and intellectual property owners and asks its users of our website to do the same. AJADI's website may not be used to transmit, retransmit, distribute, post, or store any material that violates any person's rights, including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws and/or regulations. 

AJADI has established procedures for enforcing this. If you believe that your copyrighted work has been copied and is accessible on any part of our website in a way that constitutes copyright infringement, please contact us at support@madebyajadi.com. 

Notification of alleged copyright infringement

In order to be valid, the notification must be in writing and must contain the following information:

a description of the copyrighted content or other intellectual property that you claim has been infringed;

a statement by you that you have a good faith belief that the use of this content or intellectual property is not authorized and for which reason;

a detailed description of where this content or intellectual property is located on the website in order for us to find it;

your address, telephone number, and email address;

a signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a statement by you, made under penalty of perjury, that the above information provided by you in the notification is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.

Please note that (i) any person who knowingly misrepresents to AJADI that material is infringing shall be liable to AJADI and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by AJADI and/or the alleged infringer as a result of AJADI's reliance on such misrepresentation and removing or disabling access to such material. (ii) Similarly, any person who knowingly misrepresents to AJADI that the material was removed or access blocked by mistake or misidentification shall be liable to AJADI and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by AJADI and/or the copyright owner or its authorized licensee as a result of AJADI's relying on such misrepresentation and replacing such removed or blocked material.

Third-Party Links and Resources

Some links on the website may allow you to leave the website. The linked websites are not in any way under the control of AJADI, and we are not responsible for the contents of any of such linked websites, any link contained in a linked website, or any changes or updates to such websites.

Privacy

When accessing and/or using the website and the Services we offer, we may obtain certain information about you, or you may be required to provide certain information to us. All uses of your information will be treated in accordance with our Privacy Policy, which herein forms an integral part of these Terms. Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users.

12. Disclaimers and Warranties

AJADI EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED  WARRANTIES: (A) THAT THE WEBSITE, WEBSITE CONTENT, SERVICES, ADVICE, INFORMATION OR LINKS PROVIDED OR  DISPLAYED ON THE WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY,  SECURE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECTED; (C) THAT DEFECTS IN THE OPERATION  OR FUNCTIONALITY OF THE WEBSITE, WEBSITE CONTENT, SERVICES, OR PRODUCTS WILL BE CORRECTED; AND  (D) REGARDING THE WEBSITE, USER CONTENT, WEBSITE CONTENT, SERVICES, PRODUCTS, ADVICE, INFORMATION OR  LINKS PROVIDED BY ANY THIRD PARTIES OR USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER AJADI NOR ANY PERSON ASSOCIATED WITH AJADI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE WEBSITE, USER CONTENT, SITE CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, NEITHER AJADI NOR ANYONE ASSOCIATED WITH AJADI REPRESENTS OR WARRANTS THAT THE WEBSITE OR ITS CONTENTS WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR SERVICES THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

AJADI and its officers, directors, employees, suppliers or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to website interruption, and whether in tort, including without limitation negligence, contract or otherwise) in connection with these terms and conditions or the website in any way (including in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website). 

In no event will AJADI's total liability arising out of or in connection with these terms or from the use of or inability to use the website exceed the lesser of the total amounts you have paid to AJADI during the six months immediately preceding the event(s) giving rise to such liability or fifty dollars ($50), if you have not had any payment obligations to AJADI, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between AJADI and you.

You agree that if you are dissatisfied with any portion of the website, the services we offer, or with these terms, your sole and exclusive remedy is to discontinue the use of the website and the services that we offer.

Indemnification

You agree that as a condition of use of the website, you will indemnify, defend, and hold harmless AJADI, its officers, directors, employees, agents, licensors and suppliers (collectively, the "Service Providers") from and against any and all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your use of the website or any product, including any claims alleging facts that if true would constitute a violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account. 

Governing Law

These Terms shall be governed by and interpreted in accordance with the laws of the State of New York without reference to conflict of law principles.

Dispute Resolution; Arbitration

To expedite dispute resolution and control the cost of any dispute, controversy or claim related to this Agreement (or the breach, termination, enforcement, interpretation or validity thereof) ("Dispute"), you, as a user of AJADI's website, agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other. We are available by email at support@madebyajadi.com to address any concerns or questions that you may have regarding your use of AJADI's website.

In the event that a dispute is not settled through the informal negotiation, any controversy or claim arising out of or relating to these Terms shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its comprehensive arbitration rules and procedures by a sole arbitrator. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Judgment on the arbitration award may be entered in any court having competent jurisdiction. Unless otherwise expressly required by applicable law, each party shall bear their own costs, legal and expert fees incurred in the arbitration irrespective of outcome.

Notwithstanding the above, we reserve the right to pursue injunction proceedings before any court of competent jurisdiction to protect or enforce our intellectual property rights arising from these Terms.

You and AJADI agree, to the fullest extent permitted by applicable law, that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties' dispute is resolved through arbitration, the arbitrator may not consolidate another person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

General Provisions

Waiver

No waiver of any of the provisions of this Agreement will constitute a continuing waiver unless otherwise expressly so provided in writing. The failure of either Party to enforce any of the provisions of this Agreement at any time will in no way be construed to be a present or future waiver of such provisions. We do not guarantee that we will pursue legal actions against all breaches of this Agreement.

Severability

If any term of these Terms is determined as invalid or unenforceable by a court of law, such term shall be deemed severable without affecting the validity of the remaining term.

Force Majeure

Notwithstanding the other provisions of this Agreement, if AJADI is in good faith prevented from performing its obligations under this Agreement because of an event beyond its control, including without limitation, any act or omission of our third-party partners, war (declared or undeclared), terrorism, explosions, pandemic, and acts of God like an earthquake, flood, hurricanes, tornadoes, and other natural calamities, AJADI will be relieved from performing its obligations provided that, it will take all reasonable steps to promptly remedy the cause of such delay or failure if it is in its power to do so.

Questions or complaints?

Feedback, comments, requests for technical support, and other communications relating to the Services should be directed to us. Please contact us at support@madebyajadi.com.