Terms of service

Terms of Service — Down & Awake

Welcome to Down & Awake.
By accessing or using this website (the “Site”), you agree to be bound by the terms and conditions set forth below. Please read them carefully before using our services.

Privacy Consent

By using this Website, you hereby consent and agree that you have read, understood, and accepted the Privacy Policy of Down & Awake.
You further agree that the terms and contents of the Privacy Policy are acceptable to you.

Limited User

You agree not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from this Website.

Limited reproduction and copying of content from the Website is permitted only with prior written consent from Down & Awake, and provided that Down & Awake (www.downandawake.com) is clearly stated as the source.

Wholesale or large-scale reproduction, commercial or non-commercial copying, or modification of data and information within the Website is strictly prohibited.

Intellectual Property

All intellectual property rights in the text, designs, images, programs, processes, technology, and content appearing on this Site are expressly reserved by Down & Awake and its licensors.

Access to this Site does not grant any license or right to use any of these materials.
All rights, including copyright, in this Website are owned by or licensed to Down & Awake.

You may download or copy materials for personal, non-commercial use only.
No right, title, or interest in any downloaded material is transferred to you as a result of such use.
Any reproduction, publication, or distribution of this content for commercial purposes is strictly prohibited.

All names, logos, design marks, and slogans related to Down & Awake are trademarks or service marks of Down & Awake.
Use of any trademark, logo, or mark in any manner without prior written consent is prohibited.

References or links to third-party names, marks, or websites are provided solely for convenience and do not imply any endorsement by Down & Awake.
We are not responsible for the content or accuracy of any third-party sites, and you access them at your own risk.

User Warranty & Representation

You guarantee and warrant that you are the rightful owner or authorized user of any content you submit, and that such content does not infringe upon the intellectual property or other rights of any third party.

Indemnity

You agree to defend, indemnify, and hold harmless Down & Awake, its directors, employees, agents, affiliates, and successors from any and all claims, liabilities, damages, costs, and expenses (including legal fees) arising out of:

Your actions or inactions,
Breach of any representations or warranties,
Violation of applicable laws, regulations, or rights of others.

This clause shall survive the termination or expiry of these Terms.

Termination

Down & Awake reserves the right to suspend or terminate your access to the Website at its sole discretion if it believes you have breached these Terms.

Upon termination, Down & Awake may delete any content or materials related to your account and shall not be liable for any loss incurred as a result.
You remain liable to pay for any orders placed prior to termination.

Disclaimer of Warranties

Your use of this Website is at your sole risk.
The Website and all content are provided on an “as is” and “as available” basis.

Down & Awake and its affiliates disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not guarantee that:

The service will meet your requirements,
The service will be uninterrupted or error-free,
The information or content provided will be accurate, reliable, or timely.

This disclaimer does not affect any product warranty explicitly provided by the manufacturer.
It forms an essential part of these Terms.

Limitation of Liability

To the fullest extent permitted by law, Down & Awake and its affiliates shall not be liable for any indirect, incidental, special, or consequential damages, including loss of profits, goodwill, or data, arising from your use of the Website.

Our total liability, whether in contract or tort, shall not exceed the value of the product ordered by you.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including but not limited to:

Accessing data not intended for you,
Attempting to breach authentication or security systems,
Interfering with the operation of the Website,
Sending unsolicited promotions or spam,
Forging any communication or data packet headers.

Violations may result in civil and criminal liability, and Down & Awake reserves the right to cooperate with law enforcement in investigating such breaches.

Fraudulent / Declined Transactions

Down & Awake reserves the right to recover the cost of goods, collection charges, and legal fees from individuals engaged in fraudulent use of the Website or unlawful acts.
We may initiate legal action for such activities.

Entire Agreement

These Terms constitute the entire agreement between you and Down & Awake, superseding all prior communications and understandings.

They do not extend to third-party services or software that may be accessed through the Website, which may have their own terms and conditions.

Non-Transferability

Your account on this Website is non-transferable.
In the event of your death, your account will be terminated upon receipt of a valid death certificate, and all associated content will be permanently deleted.

Governing Law & Jurisdiction

These Terms and your relationship with Down & Awake are governed by the laws of the Republic of India.
Any disputes shall fall under the exclusive jurisdiction of the courts of Indore, Madhya Pradesh, India.