THESE TERMS OF USE ARE A BINDING CONTRACT BETWEEN YOU AND SERABAN

These Terms of Use (the “Terms”) are a binding contract between you and Seraban. (“we” and “us”). Your using the Services means that you agree to the terms and conditions which will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the 

 

Basics of using Seraban

You may be required to sign up for an account and generate a password of your choice, to access some of the Services. We recommend that you use a strong password for your sign-on. You should not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.

You will also be required to provide a shipping address if it is different from your billing address. You have to ensure that you provide us with accurate, complete, and updated registration information about yourself. 

You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. 

Your use of the Services is subject to the following additional restrictions:

  • Infringes or violates the intellectual property rights or any other rights of anyone else (including Seraban);
  • Violates any law or regulation, including any applicable export control laws;
  • Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  • Jeopardizes the security of your Seraban account or anyone else’s (such as allowing someone else to log in to the Services as you);
  • Attempts, in any manner, to obtain the password, account, or other security information from any other user;
  • Violates the security of any computer network, or cracks any passwords or security encryption codes;
  • Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
  • Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  • Copies or stores any significant portion of the Content;
  • Decompiles, reverse engineers or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

 

Your Rights

The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Seraban’s) rights. You understand that Seraban owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply.

 

Licenses for use

Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions may be viewable by other users. You hereby grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and transferable license to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so; however, Seraban will only share your personally identifiable information in accordance with Seraban’s current privacy policy. This is a license only – your ownership in User Submissions is not affected. You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Submissions through the Services and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services and under this Agreement.

Furthermore, you understand that Seraban retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Seraban will not be liable for any errors or omissions in any content. You understand that Seraban cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Seraban cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Responsibility

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

The Services may contain links or connections to third-party websites or services that are not owned or controlled by Seraban. When you access third-party websites or use third-party services, you accept that there are risks in doing so and that Seraban is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Seraban has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, Seraban will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should undertake all the necessary due diligence appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Seraban shall not be liable for any loss or damage of any sort incurred as a result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Seraban is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Seraban, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Change of Services

We’re always trying to improve the Services, so it may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.

Product Samples

Our dresses are Ready-to-wear and they come in standard sizes. Seraban recommends that customers are certain of their sizes before placing an order.

We also make custom-made dresses based on order and customer measurement. These dresses are made to order and are not readily in stock for purchase. Custom made items are not returnable

 

Ordering a Product

You may choose to purchase products through the Services. Seraban may limit or cancel quantities of products purchased, and we reserve the right to refuse any order. In the event Seraban needs to make a change to an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made. The prices displayed on the Seraban site are quoted in GHS. 

Prices are subject to change at any time without notice. Such change will not affect items already paid for but not delivered.  

For more information regarding shipping and delivery of our products, please see our FAQ.

Termination of service by the user

You can terminate your account at any time, by contacting us at Serabangh@gmail.com. Kindly refer to our Privacy Policy, as well as the licenses above, to understand how we treat the information you provide to us after you have stopped using our Services. Seraban is also free to terminate (or suspend access to) your use of the Services or your account, at our sole discretion, including your breach of these Terms.

Account termination may result in the destruction of any content associated with your account. If you delete your account by mistake, contact us immediately at Serabangh@gmail.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

Warranty Disclaimer: Neither Seraban makes any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We make no representations or warranties regarding the accuracy of colors or textures displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual color, texture, size, fit, quality, or use of such products or services). Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Services are provided “AS IS” and without any warranty of any kind from Seraban or others (unless, with respect to such others only, provided expressly and unambiguously in writing by a designated third party for a specific product). 

THE SERVICES AND CONTENT ARE PROVIDED BY Seraban ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability: TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL Seraban BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO Seraban IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity: To the fullest extent allowed by applicable law, You agree to indemnify and hold Seraban, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Seraban’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Miscellaneous: You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Seraban may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Seraban agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Serabanand that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Seraban, and you do not have any authority of any kind to bind Seraban in any respect whatsoever. You and Seraban agree there are no third-party beneficiaries intended under these Terms.