In 1980, Maui Jim commenced its business as a small company selling sunglasses in Lahaina, Maui and over the years has expanded its business vastly in connection with goods including sunglasses, accessories and apparel (collectively referred to as the “Products”).
By accessing or using the Website/Application, you are representing to the Company that you are at least eighteen (18) years of age (or have consulted with and obtained permission from your parent or legal guardian).
Use of the Website/Application is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website/Application. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Maui Jim reserves the right to refuse to provide you with access to the Website/Application if it is brought to Maui Jim's notice or if it is discovered that you are under the age of 18 years.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website/Application, violate any laws in your jurisdiction.
You must not transmit any worms, trojans, SQL attacks, Cross Site Scripting, Denial of Service, DNS Spoofing, Social engineering techniques, Non-targeted website hacking or viruses or any code of a destructive nature. You must not bait, phish or pretext our Company or anyone through our website, or by impersonating our website or our team in any manner. Any kind of cybercrime against our Website/Application will lead to serious consequences as per applicable laws.
A breach or violation of any of the Terms will result in an immediate termination of your use and access of the website/application.
4. DESCRIPTION OF PROUCTS AND SERVICES
The Company provides an opportunity for the users of the Website/Application to purchase the Products upon placing orders directly via the Website/application. The Company shall ship the products to You (either directly or indirectly) and will be entitled to its payment for the products and related services.
All products and information displayed on the Website/Application constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the Terms and Conditions as detailed in this Agreement. The Company is at liberty to accept or refuse your offer at its discretion which cannot be contested by You.
The Company has made all the efforts to display the images and its description of its products, as accurately as possible. The Company is presently offering premium quality products including sunglasses, accessories and apparels with the genuine information through its Website/Application.
The Company reserves the right, but is not obligated, to limit the sales of its products to any person, geographic region or jurisdiction. The Company may exercise this right on a case-by-case basis. The Company may reserve the right to limit the quantities of any products that the Company offers. The description of all the products and its prices are subject to change at any time without prior notice and at the sole discretion of the Company. The Company reserves the right to discontinue any product at any time.
The Company ensures the excellent quality of the products offered via the Website/Application to the best of its efforts. However, the Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, as expectations may be subjective in nature.
5. PROHIBITED USES
By using our Website/Application, you agree not to:
- Submit false or misleading information;
- Collect or track the personal information of others;
- Spam, phish, pharm, pretext, spider, crawl, or scrape;
- Upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website/application or of any related website;
- Transmit/upload any information which is grossly harmful, harassing, blasphemous, 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 unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- Solicit others to perform or participate in any unlawful acts;
- Market or resell the goods/services to any third party;
- Use the Website/Application in violation of applicable laws, or regulations;
- Use the Website/Application to send unauthorized advertising, or spam;
- Harvest, collect, or gather user data without their consent;
- Decompile, reverse engineer or disassemble any software or other products or processes accessible through the Website/Application;
- Insert any code or product or manipulate the Website/Application in any way;
- Use any data mining, data gathering or extraction methods;
- Use or encourage the use of the Website/Application for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;
- Generate income from the Website/Application or its use for development, production or marketing of any goods/services allied to the goods/services provided by us;
- Use the website/application in violation of the terms and conditions as mentioned or in order to violate applicable law, including but not limited to, anti-spam, and anti-terrorism laws and any other laws/regulations requiring the consent of subjects of recordings;
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the website/application, or access to the Website/Application or any contact on the website through which the service is provided, without express written permission by the Company;
- To interfere with or circumvent the security features of the Website/Application or any related website, other websites, on the Internet.
The Company reserves the right to terminate your use of the website/application or any related website for violating any of the prohibited uses.
6. ORDER AND DELIVERY
Orders for the products shall be received using the website www.mauijim.com as well as through our downloadable application available on IOS and Android.
Upon receiving the orders from the customers, the Company will immediately arrange the products to be delivered as early as possible but in any case, all efforts shall be made to dispatch the products within 24 hours of receipt of the order, provided the products are in stock.
7. PRICING AND PAYMENT
- The prices for Product/s are described on the Website/Application and are incorporated into these terms by reference.
- All prices are in INR and are subject to change at the Company's discretion.
- The Company will use its best efforts to ensure the accuracy of the prices and all other price related information as stated on the Website/Application.
- In the event of any inadvertent mistake by the Company in quoting the price or in the event of a technical glitch resulting in the same, the Company will take all possible steps to notify a purchasing customer at the earliest opportunity for the purchasing customer to then have the choice to either accept the correct price or to cancel the order. In any case, the Company cannot be held liable for any such mistake or technical glitch.
- Modes of Payment. The Company accepts payments via Credit Cards only. No Cash on Delivery will be available for the orders placed via the Website/Application.
- The Company will not be liable for any credit card fraud or any other electronic cyber crime/fraud attempted or perpetrated on the Company's Website/Application. The Company hereby disclaims any liability for the aforesaid.
- In addition to the remedies available under law, and as detailed under this Agreement, the Company reserves the right to recover the costs of product/s, collection charges, attorney's charges etc. from a user using the Website/Application fraudulently.
- The Company reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website/Application and any other unlawful acts or acts or omissions in breach of these terms and conditions.
- Sales, Promotional Offers, Coupon Sales, promotions and other special discounted pricing offers are temporary and the Company reserves its right to discontinue or modify any coupons, credits, sales and special promotional offers in furtherance of the change in policies or any other special circumstances.
8. DELIVERY, CANCELLATION AND RETURNS
- The Company will make the delivery on a 'best effort' basis after acceptance of your order.
- The dispatch details of the order placed will be communicated to you by the Company and consequently the Product/s will be shipped to the mailing address provided by you at the time of placing the order.
- If you do not receive the product/s within a reasonable period of time, you should immediately notify the Company. You may note that usually for in-stock products, the dispatch will take place within 24hours of the receipt of order.
- The logistics/shipping partners of the company i.e. DTDC and/or Blue Dart will reach out and connect to you before delivering.
- The estimated time taken for delivery is not guaranteed and the delivery date for your order may vary due to any unforeseen circumstances.
- Any refused deliveries will be returned to the Company's warehouse.
- Any delays in the delivery due to any unforeseen circumstances or restrictions imposed in light of the enforcement of law and order will not be the liability of the Company whatsoever.
- The Company reserves the right to cancel an order in case the order request is not acceptable to the Company. Upon such cancellation, the Company will refund the money to you. Any such cancellation shall be at the sole discretion of the Company and you will have no right to contest the same.
- In the event that you desire to cancel any order, then such cancellation must be done prior to the dispatch of the product/s to you i.e. within 24 hours of placing the order. No cancellation requests will be accepted upon dispatch of the order.
- You are requested to check the security tag and other order details while accepting your package. Returns of any Product will be accepted only if the Product and proof of purchase are sent to us within thirty (30) days after placing the order. Any returns for purchases made from a retailer, will be made through such retailer(s) only.
- It may take up to 45 days for the returned items to be identified as refused and processed for a refund.
- Consumers can reach out to the Company over email at email@example.com in case of any further query.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide the complete and accurate information for all the orders placed. You agree to promptly update your account and other information, in order to enable the Company to complete the transactions and contact you as and when required.
The Company reserves its right to refuse any order placed. The Company may, in its sole discretion, limit or cancel the quantities purchased per user or per order. Such restrictions may include orders placed by the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that the Company makes a change to the order or cancels any order, it may attempt to notify you. The Company reserves its right to limit or prohibit orders that, in its sole discretion appear to be placed by dealers, resellers or distributors.
10. DISCLAIMER OF REPRESENTATIONS, WARRANTIES OR LIABILITIES
THE CONTENT AND ALL GOODS/SERVICES ASSOCIATED WITH THIS WEBSITE/APPLICATION ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THIS WEBSITE/APPLICATION.
THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING:
- THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THIS WEBSITE/APPLICATION; AND
- THE COMPANY ENGAGES AND EMPLOYS THE BEST METHODS TO SAFEGUARD AND PROTECT THE WEBSITE/APPLICATION AGAINST VIRUSES, INFECTION., ETC. HOWEVER, DESPITE SUCH BEST EFFORTS, THE COMPANY MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT OF THE WEBSITE/APPLICATIONWOULD BE FREE FROM ANY COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
- THE COMPANY DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE/APPLICATION WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
- IN NO EVENT SHALLTHE COMPANY, ITSSUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE / APPLICATION OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE / APPLICATIONINCLUDING, AND NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. THE LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
By using this Website/Application, you agree to defend, indemnify and hold harmless the Company, its subsidiaries, directors, officers, employees, affiliates, agents, suppliers, or licensors against any claim, loss, damage, liability, cost, expense (including legal fees) asserted by any third party, in whole or in part arising out of or attributable to:
- your access or use of or inability to access the Website/Application;
- any conduct or content of any third party on the Website/Application;
- your infringement of any third-party rights in relation to your use of and access to the website / application;
- any breach of this Agreement by You, any misrepresentation, misuse of the website/application in a negligent or unreasonable manner or any inappropriate use.
The Company may terminate the Agreement, if it is so required to be one by an express direction of law.
Effect of Termination
The Company has no obligation to maintain your Content after the termination of agreement. Neither party will be liable for any damages resulting from termination of the Agreement, nor will the termination affect any claim arising prior to the effective termination date. If the Company discontinues the Website/Application or materially reduce the functionality, this agreement shall be deemed to be terminated.
Third Party Links. Third-party links on the Website/Application of the Company may direct you to third-party websites that may not be affiliated with the Company. You acknowledge that the Company shall not be responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
The Company requests its users to carefully review such third-party's policies and practices and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns, or queries pertaining to such third-party websites/links should be directed to the third-party.
You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. USER COMMENTS AND FEEDBACK
With or without the request of the Company, if you send certain specific submissions, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise, you agree that the Company may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any medium any such content that you send to us. The Company shall be under no obligation (i) to maintain any comments in confidence; (ii) to pay compensation for any comments; or (iii) to respond to any comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website/Application or any related website. You are solely responsible for any comments you make and their accuracy.
15. ERRORS, INACCURACIES AND OMISSIONS
In the event of any typographical errors, inaccuracies or omissions pertaining to the product descriptions, pricing, promotions, offers, shipping charges and availability, the Company reserves the right to correct any such errors, inaccuracies or omissions at any time without prior notice.
You acknowledge that such online communications may not guarantee to be secure. Any such communications may be intercepted, corrupted, lost or contain viruses. You acknowledge that you shall not hold the Company liable for any errors or omissions in such communications made by the Company which may arise as a result of internet transmission.
17. INTELLECTUAL PROPERTY NOTICE
You acknowledge that the entire website and its contents including the software is owned or duly licensed to the Company and are protected by the Copyright laws in India and under the respective international treaties. All trademarks, service marks, and logos used and displayed on the website/ application are registered to and/or owned by the Company. The copyright in all materials, features and functionality on the website/application, including text, graphics, videos, audio recordings, software, algorithms, artwork, photographs, logos, and images thereof along with any derivative works thereto, is the exclusive property of the Company and is protected by Indian laws. All the copyrightable and trademarked materials as displayed on the website/application shall be collectively referred to as “Content”.
None of the Content shall be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Company or the copyright owner in each instance. You shall not "mirror" or "frame" any Content or the website/application itself, in whole or in part, without express written permission of the Company. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity. You shall be solely responsible for ensuring that any Content obtained from the website/application does not contain any virus or any subroutine designed to disable, erase, impair or otherwise damage your systems, software, data or operations.
Nothing on this website/application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Content without the prior written consent and permission of the Company or the respective owners.
Limited License to Use. The Company has granted you a limited license to access and download a copy of the information provided on this website/application for your personal, internal and non-commercial use only. Any distribution, reprint, reselling, piracy or electronic reproduction of any content from this website/application for any other purpose is expressly and explicitly prohibited without our prior written consent and may amount to civil and/or criminal action against such misuse as per the applicable law. This license does not include any resale or commercial use of this website/application and its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; 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.
You may not use any metatags or any other "hidden text" utilizing the name, trademarks, service marks or any other of the Company's Intellectual Property without our express written consent. Any unauthorized use terminates the permission or license granted by the Company.
Unless otherwise noted, all trademarks, service marks, and trade names used herein, are trademarks or registered trademarks of Maui Jim, Inc. in the U.S. and certain jurisdictions, including but not limited to: MAUI, MAUI JIM, MAUI JIM (STYLIZED), MAUI JIM & PARROT DESIGN, MAUI EVOLUTION, MAUIREADERS, MAUIREADERS PLUS, MAUI PURE, MAUI ROSE, MAUIFLEX, MAUIGRADIENT, MYMAUI, POLARIZEDPLUS, POLARIZEDPLUS2, CLEARSHELL, COLOR LIKE YOU'VE NEVER SEEN IT, HCL, REFLECT YOUR BRILLANCE, TITANIUM ELITE, WELCOME TO COLOR, COLOR.CLARITY.DETAIL, MAUI JIM AUTHENTIC POLARIZEDPLUS2 and Design, THE WORLD'S MOST MEMORABLE GIFT EXPERIENCE and WWW.MAUIJIM.COM.POLAGE is a trademark of Austine Studios. GUY HARVEY is a trademark of Guy Harvey, Inc. PolarizedPlus2 lens technology is covered by U.S. Patent No. 6,145,984. Maui Jim Sunglasses may be covered by one or more of the following patents, or other patents not listed herein: U.S. Patent Nos. D481059; D481060; D488829; D508514; D539828; D543230; 9,671,622; 7,717,557; 6,145,984; and 8,550,619.
- Disputes. You may notify us regarding any dispute within 90 days of placing the order. The Company may, on notice to you, suspend or terminate your use and access of the Website/Application, if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.
- Jurisdictional Issues/Applicable Law. The Company controls and operates this Website/Application from its office at Illinois, United States of America. This Agreement shall be treated as though it were executed and performed in Illinois, United States of America and shall be governed by and construed in accordance with the local domestic laws of Illinois (without regard to conflict of legal principles). All legal proceedings arising out of or in connection with this Agreement shall be brought solely before the courts of Illinois, United States of America. All disputes that may arise shall be resolved in accordance with rules specified under the provisions of Uniform Arbitration Act prevailing in Illinois, United States of America. The courts in Illinois, United States of America shall have the sole jurisdiction regarding the subject matter of this Agreement.
- Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, then (i) such provision shall be excluded from this Agreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.
- Taxes. You are responsible for all the applicable sales, services, value-added, goods and services, withholding, tariffs, fees or any other similar taxes as may be applicable as per the relevant prevailing laws or as imposed by any government entity. The amount of tax collected, shall be mentioned upon your invoice at the time of payment. In all cases, you shall be liable to pay the amounts due under this Agreement to us in full without any right of set-off or deduction.
- Force Majeure. Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this Agreement due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, act(s) of God, war, riots, pandemic, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods.
- The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party.