Terms Of Use
Welcome to STAY OVERLAY! STAY OVERLAY (“we,” “us,” or “our”) operates the website http://stayoverlay.com (the “Site”). By accessing, browsing, or using our Site, you agree to be bound by these Terms of Use (the “Agreement”).
STAY OVERLAY provides services subject to the notices, terms, and conditions outlined in this Agreement. In addition, when you use any STAY OVERLAY service, you will be subject to the applicable rules, guidelines, policies, and terms, which are incorporated into this Agreement by reference.
STAY OVERLAY reserves the right to modify this Site and these terms and conditions at any time. We also retain the right to deny access to anyone who violates these Terms of Use.
ACCESSING, BROWSING, USING THE SITE, OR PLACING AN ORDER INDICATES YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
LICENSE AND SITE ACCESS
STAY OVERLAY grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of STAY OVERLAY. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of STAY OVERLAY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of STAY OVERLAY without express written consent. You may not use any meta tags or any other “hidden text” utilizing STAY OVERLAY’s name or trademarks without the express written consent of STAY OVERLAY. Any unauthorized use terminates the permission or license granted by STAY OVERLAY. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of STAY OVERLAY’s many websites so long as the link does not portray STAY OVERLAY or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any STAY OVERLAY logo or other proprietary graphic or trademark as part of the link without express written permission.
STAY OVERLAY may review, edit, reject, refuse to post, and/or delete any Content that, in the sole judgment of STAY OVERLAY, violates these Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of another person. It would help if you use the Sites in a manner consistent with all applicable laws and regulations. Illegal and unauthorized uses of the Sites, including, without limitation, collecting usernames and email addresses of registered members by electronic or other means to send unsolicited emails and unauthorized framing of or linking to the Sites, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Sites, as well as attempting to gain unauthorized access to the Sites or exceeding your authorized access. STAY OVERLAY shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through a group/s of People, intentionally or unintentionally, in DoS/DDoS (Distributed Denial of Services).
THIRD-PARTY LINKS
This Site may contain links to other websites, or you may be linked through other websites (“Linked Sites”). However, even if the third party is affiliated with STAY OVERLAY, STAY OVERLAY has no control over these linked sites, all of which have separate privacy and data collection practices independent of STAY OVERLAY. These linked sites are only for your convenience, and therefore, you access them at your own risk. The Linked Sites are for your convenience only, and you can access them at your own risk. We are not responsible for the content of the Linked Sites, whether or not STAY OVERLAY is affiliated with sponsors of the sites. We do not endorse the Linked Sites in any way.
ELECTRONIC COMMUNICATIONS
When you visit STAY OVERLAY or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email email or by posting notices on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. STAY OVERLAY reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant STAY OVERLAY a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant STAY OVERLAY and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify STAY OVERLAY for all claims resulting from content you supply. STAY OVERLAY has the right but not the obligation to monitor and edit or remove any activity or content. STAY OVERLAY takes no responsibility and assumes no liability for any content posted by you or any third party.
If any content or images are posted on our website or social media pages concerning our brand names STAY OVERLAY & or our website (explicit tags or hashtags), the owner of the content and images permits us to use the same for representational purposes.
DISCLAIMER OF WARRANTIES AND LIABILITY
This website, all the materials and products (including but not limited to software), and services, included on or otherwise made available to you through this Site are provided by STAY OVERLAY’ as is’ and ‘as available’ basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the preceding paragraph, STAY OVERLAY does not warrant that:
* This website will be constantly available, or available at all, or
* The information on this website is complete, true, accurate, and non-misleading.
IN NO EVENT SHALL STAY OVERLAY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF STAY OVERLAY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. STAY OVERLAY’s liability will only be up to the value of the product (s)being sold by STAY OVERLAY or STAY OVERLAY. It will not cover any damages whatsoever arising out of the usage of our products.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Different state laws govern all the products sold on STAY OVERLAY. If STAY OVERLAY is unable to deliver such products due to implications of different state laws, STAY OVERLAY will return or will give credit for the amount received by STAY OVERLAY from the sale of such product that could not be delivered to you.
While availing any of the payment method/s offered by STAY OVERLAY, STAY OVERLAY is not responsible or takes no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to :
1. lack of authorization for any transaction/s,
2. or exceeding the preset limit mutually agreed by you and between your “Bank/s,”
3. or any payment issues arising out of the transaction,
4. or decline of transaction for any other reason/s.
APPLICABLE LAW
This Agreement shall be governed by, interpreted, and construed by the laws of India. The place of jurisdiction shall be in Nagpur.
TRADEMARK, COPYRIGHT AND RESTRICTION
This Site is controlled and operated by STAY OVERLAY. All material on this Site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on the STAY OVERLAY website owned, operated, licensed, or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit, or distribute such material in any way, including by email or other electronic means, whether directly or indirectly. You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for this clause.
All other trademarks referenced on STAY OVERLAY or the products and services supplied by STAY OVERLAY are the properties of their respective owners.
YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. STAY OVERLAY does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use STAY OVERLAY only with the involvement of a parent or guardian. STAY OVERLAY reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
RISK OF LOSS
All items purchased from STAY OVERLAY are made under a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless STAY OVERLAY, its officers, directors, employees, agents, licensors, and suppliers (collectively the ‘Service Providers’) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account.
PRODUCT DESCRIPTION
STAY OVERLAY tries to be as accurate as possible. However, STAY OVERLAY does not warrant that the product description or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by STAY OVERLAY is not as described, your sole remedy is to return it in unused condition.
PRICING/TYPOGRAPHICAL ERROR
Pricing on the product is as it shows; however, due to any technical issue, typographical error, or product information received from our suppliers, the prices of the product may vary. STAY OVERLAY will try to be accurate; however, if you come across any difference in pricing on the STAY OVERLAY Website pre and post-orders, please get in touch with us within 24 (Twenty-Four) hours of placing your order. STAY OVERLAY shall then refund the difference amount within 4-5 business days of intimation. The mode of refund will be the same as at the time of placing the order. Cash on Delivery order refunds will be done by Cheque. If STAY OVERLAY comes across any such difference in pricing, it has all the rights to rectify the same or cancel the order.
CANCELLATION OF ORDER
STAY OVERLAY reserves the right to cancel any order without any explanation for doing so under situations where STAY OVERLAY is not able to meet the requirements of the order placed or the order so placed/cancelled does not comply with the STAY OVERLAY policy or for any other reason. However, STAY OVERLAY will ensure that any communication of cancellation of an order is intimated within the appropriate time to the concerned person, and any applicable refund will be made in a reasonable time.
RETURN POLICY
STAY OVERLAY offers REPLACEMENT WITHIN 10 DAYS FROM THE DATE OF DELIVERY ON THE product/s ordered on STAY OVERLAY. This means that within 10 days from the date of delivery, you can ask for a replacement of the product/s subject to the following terms and conditions:
- You can ask for a replacement of product/s in case of any defect found in the product, and the same product/s will be shipped to you as a replacement for the defective product/s.
- Replacement is offered for the product/s sold by STAY OVERLAY ONLY.
- INSTALLATION ISSUES are not covered under our return policy. We would not accept any returns whatsoever for installation errors.
Disclaimer: “ANY DECISION ON 10 DAY REPLACEMENT GUARANTEE ON THE PRODUCT/S SOLD BY STAY OVERLAY is at the sole discretion of STAY OVERLAY and decision of STAY OVERLAY shall be final and binding. STAY OVERLAY reserves the right to withdraw from 10 DAY REPLACEMENT GUARANTEE at any time without giving any intimation of whatsoever nature.”
OUR CONTACT
Please send any questions or comments regarding this site to info@stayoverlay.com. Our mailing address is as given below :
STAY OVERLAY
10B Patne Town, Katol Road, Fetri,
Nagpur -441501
Maharashtra, India
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