These Terms and Conditions (“Terms and Conditions”) constitute a binding contract between You (“User” or “Customer” or “You”) and Our Website - https://shivangiagandhi.com/ (“Us”, “We”), regarding the terms under which We will provide You with access to Our Website.
These Terms and Conditions set out the terms between You and Us under which You may access Our Website at https://shivangiagandhi.com/ These Terms and Conditions apply to all Customers and Users of Our Website.
BY CLICKING ON THE BUTTON MARKED “I ACCEPT”, USER SIGNIFIES ITS AGREEMENT TO ABIDE BY THESE TERMS AND CONDITIONS (“Acceptance”). User agrees that its assent, given electronically, shall have the same legal effect as if it had been personally signed by User. To the extent permitted by the law, these Terms and Conditions are intended to supersede any provisions of applicable law, which might otherwise limit their enforceability or effect, because they were entered into electronically.
i. “Content” - means the information available on the Website.
ii. “Customer” – shall mean the customers of https://shivangiagandhi.com/
iii. “Effective Date” - refers to the date that the Customer / User uses Our Website or purchases the products listed on Our Website or the date of acceptance of these Terms and Conditions by User, whichever is earlier, and the same shall be binding on the parties hereto as Effective Date.
iv. “Services” - means the Website and its entire contents, features and functionality (including but limited to, all information, software, code (source code and object code), user interface, algorithms, data, data structure, text, displays, images, video and audio, and the design, selection and arrangement thereof, the Content, and any documentation pertaining to the foregoing) related to the Website.
v. “User” - refers to a person that has the right to access Our Website. A User must possess the legal right and ability to enter into binding contracts.
a. User agrees that We have the sole right to disable any User’s access to Website at any time, in our sole discretion [for any or no reason, including] if, in Our opinion, and/or User has violated any provision of these Terms and Conditions or appear likely to do so.
vi. “Virus” means any item or device (including any software, code, file or program) which is designed to prevent, impair or otherwise adversely affect the operation of any computer software, hardware or network, any telecommunications service, equipment or network or any other service or device; prevent, impair or otherwise adversely affect access to or the operation of any program or data, including the reliability of any program or data (whether by re-arranging, altering or erasing the program or data in whole or part or otherwise); or adversely affect the User’s experience, including worms, Trojan horses, viruses and other similar things or devices.
vii. “Website” - means all information, content, concepts, program interfaces, structures, functionality, computer code, published materials, electronic documents, graphic files and other technology inherent in website located at https://shivangiagandhi.com/
viii. “Website Provider” - means Ms. Shivangi A. Gandhi.
2. INFORMATION ABOUT US
This site is owned, operated, maintained and hosted by Ms. Shivangi A. Gandhi, fashion label sole proprietary concern in India having its office at Hubtown Sunmist, Bldg A 1105, Andheri (East), Mumbai – 400 069, Maharashtra, India.
3. AGE RESTRICTIONS
Users may only use Our Website if they are at least 18 years of age. However, such age criteria shall not be applicable to User if User represents an organization or any artificial person (legal entity).
4. USER ACCOUNT
a) User is not required to register and set up an account for shopping / purchasing products from Our Website. For shopping on Our Website a User has to enter his/her following mandatory personal details: full name, email address, date of birth, mobile number, shipping and delivery address, credit card details, debit card details (for shopping via credit / debit card). Our Website may ask for the verification of the information provided by the User like email address and/or mobile number etc. and hence, it is advisable to provide valid information. Our Products will be dispatched upon verification of the email address and mobile number provided by the User.
5. ACCESS AND CHANGES TO OUR WEBSITE
i. Access to Our Website and the shopping does not require registration by the User. Our Website is available for the User to browse and initiate a purchase. However, mere browsing on Our Website does not mandatorily require the User to provide us with his/her personal information, however, the User at its sole discretion may choose to provide Us with his/her personal information.
ii. User shall ensure that the personal information that User provides Us with are correct and up-to-date shall further ensure to inform Us immediately of any changes to the information that the User provided for the first time. We reserve the right to deny access to Our Website at any time without a prior notice to User.
iii. We may from time to time make changes to Our Website:
a. Changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We may at Our sole discretion inform User by email of any changes (including, if applicable, anything that User needs to do) and/or host a disclaimer on Our Website if that would materially affect User’s use of Our Website.
b. Changes that may be made to reflect changes in the law or other regulatory requirements. We may at Our sole discretion inform User vide email of any such changes (including, if applicable, anything that you need to do); and
c. We may continue to develop and improve Our Website over time, in some cases making significant changes to it.
d. We will always aim to ensure that Our Website is available at all times. However, in certain limited cases, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 5(iii). Unless We are responding to an emergency or an urgent issue, We will inform Users in advance of any interruptions to availability.
6. USER WARRANTIES, RIGHTS, REPRESENTATIONS, RESTRICTIONS AND OBLIGATIONS
i. Subject to these Terms and Conditions, User will be granted a limited, non-exclusive, revocable, non-transferable, and non-sublicense-able right to access Our Website. Upon agreeing to grant such access We do not obligate our self or take liability on our self to maintain Our Website, or to maintain it in its present form. We may upgrade, modify, change or enhance the features on Our Website, at any time, in Our sole discretion, to the extent that the same is not detrimental to the User’s use of Our Website.
ii. User agrees to abide by any rules or regulations that Our Website publishes with respect to conduct of Users on Our Website, which rules and regulations are hereby incorporated into these Terms and Conditions by reference. Our Website reserves the right to deny any User, access to any portion of Our Website if, in the Website Provider’s sole discretion, User has failed to abide by these Terms and Conditions or appears likely to do so.
iii. User accepts that the Website Provider in its sole discretion may, but has no obligation to, monitor Our Website or any portion thereof, and/or to oversee compliance with these Terms and Conditions.
iv. User agrees, undertakes and confirms that User’s use of Our Website shall be strictly governed by the following binding principles:
• User shall not post, publish, transmit, alter/modify or share any information which:
o is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, 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;
o is misleading in any way;
o involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
o promotes illegal activities or conduct that is abusive or threatening;
o belongs to another person and User does not have any right on the same and/or infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of personal information such as a person's name, email address, physical address or mobile number) or rights of publicity;
o contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
o contains video, photographs, or images of another person (with a minor or an adult);
o Attempts / tries to gain unauthorized access or exceeds the scope of authorized access to Our Website or solicits passwords or personal identifying information for commercial and/or unlawful purposes from other users;
o interferes with another User's usage of Our Website;
o infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
o violates any law for the time being in force;
o threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
o shall not be false, inaccurate or misleading;
o that shall not translate, decompile, or create or attempt to create, by reverse engineering or otherwise, the source code from the object code made available hereunder;
• User may be considered fraudulent in instances including but not limited to the following:
o User misuses another user's phone/email;
o User impersonates another person and/or provides an invalid address or a wrong delivery / shipping address;
o User returns the product (purchased from Our Website) in an unreturnable / damaged / used / unacceptable state;
o Any other activities conducted with the sole intention to cause loss to business/revenue to Our Website;
o Repeated request for monetary compensation for fake/used order.
• We may cancel any order that classifies as 'fraudulent order' at any stage of the product delivery. An order can be classified as 'fraudulent order' if it meets with the below mentioned criteria, and any additional criteria as defined by Us:
o Multiple orders placed for same product at the same address, depending on the product category;
o Invalid address provided in order details;
o Any malpractice used to place the order;
o Any order paced using a technological glitch/loophole.
7. AVAILABILITY OF WEBSITE
User recognizes that the traffic of data through the Internet may cause delays during the download of information from Our Website and therefore, User shall not hold the Website Provider and/or Our Website liable and/or responsible for delays that are ordinary in the course of Internet use. User further acknowledges and accepts that Our Website may not be available on a continual twenty-four-hour basis due to such delays, or delays caused by the upgrading, modification, or standard maintenance of Our Website and that the Website Provider will not be held liable and/or responsible for the same.
User shall at all times refrain from making any negative, denigrating, or defamatory statement(s) / comment(s), verbally and/or in writing, about the Website Provider, the brand name and/or domain name used by the Website Provider, including but not limited to “Shivangi A. Gandhi”, “https://shivangiagandhi.com/” and/or otherwise engage in any conduct or action that might tarnish the name, brand, image or reputation of Shivangi A. Gandhi or product(s) sold on Our Website or otherwise tarnish and/or dilute any trademark, trade name and/or goodwill associated with such trademarks, trade name as may be owned and/or used by Shivangi A. Gandhi. User agrees that User will not tamper with and/or misuse Our Website, systems, networks, or any systems or networks connected to Our Website.
9. INTELLECTUAL PROPERTY RIGHTS
i. Our Website is owned, hosted, maintained and operated by the Website Provider under its brand name “Shivangi A. Gandhi” and its licensors, if any, and is protected by copyright, trademark and other intellectual property or proprietary rights laws.
ii. No right, title or interest in or to Our Website or any portion thereof, is transferred to the User and all rights not expressly granted herein, are reserved and retained by the Website Provider.
iii. Website Provider’s name, logo, domain name, brand name – Shivangi A. Gandhi and all related names, logos, product and service names, designs and slogans, are trademarks of the Website Provider or its affiliates and/or licensors. User shall not be at a liberty to use such intellectual property rights without the prior written permission of the Website Provider. All other names, logos, product and service names, designs and slogans on Our Website are the trademarks of their respective owners and/or our vendors.
iv. By accepting these Terms and Conditions, User hereby undertakes:
a. To not acquire, copy, download or otherwise attempt to acquire, copy, download any part of Our Website, save and except any forms to be duly filled by User;
b. To not disassemble, decompile or otherwise reverse engineer Our Website;
c. To not allow or facilitate any use of Our Website that would constitute a breach of these Terms and Conditions; and
d. To not embed or otherwise distribute Our Website on any third-party website, ftp server or similar.
e. To not use Our Website or any part thereof in any way whatsoever for promotion, marketing and branding of any third-party products / services that are not registered on Our Website for sale.
10. PAYMENT AND PAYMENT METHODS
For purchasing the products enlisted on and sold through Our Website, We offer multiple payment methods for Users. Our Website’s payment gateway partners use secure encryption technology to keep the User’s transaction details confidential at all times. Users can pay using their credit or debit cards or pay via Razorpay.
A. Credit cards
We accept payments made using Visa, MasterCard and American Express credit cards.
To pay using credit card at checkout, User will need to enter in their card number, expiry date and 3-digit CVV number (found on the backside of the credit card) at the relevant place. After entering these details correctly, User will be redirected to the bank's payment gateway page for entering the online 3D secure password*. On correctly entering the same, the payment shall be deemed to be successful and the order shall be placed with Our Website.
B. Debit cards
We accept payments made using Visa, MasterCard and Maestro debit cards.
To pay using debit card at checkout, User will need to enter in their card number, expiry date (optional for Maestro cards), 3-digit CVV number (optional for Maestro cards). After entering these details correctly, User will be redirected to the bank's secure page for entering an OTP (one-time password issued by the User’s bank) to complete the payment. On correctly entering the same, the payment shall be deemed to be successful and the order shall be placed with Our Website.
Security of Card Payments
All online transactions initiated on Our Website are secured with the highest levels of transaction security currently available on the Internet. Our Website uses encryption technology to protect the User’s card information while securely transmitting it to the respective banks for payment processing.
All credit card and debit card payments on Our Website are processed through secure and trusted payment gateways managed by leading banks. Banks now use the 3D Secure password* service for online transactions, providing an additional layer of security through identity verification.
*3D secure password is an additional layer of security, an additional password that a User will be asked to enter after entering its credit card details on the payments page. User will be redirected to its bank's website from the payments page, where User will have to enter the Verified by Visa password - for Visa or SecureCode password - for MasterCard.
(Note: 3D secure password has been made mandatory by the Reserve Bank of India to ensure a safer online shopping. This will prevent misuse of a lost/ stolen card as the user will be unable to proceed unless they enter the password associated with your card, created by yourself and known only to you.)
C. Razorpay Payments
We accept payments made using Razorpay as our payment gateway partner. After a User has selected the products to shop for from Our Website, User shall be at a liberty to use Razorpay as a payment mode / gateway to pay for the products shopped by the User from Our Website.
11. CANCELLATION OF ORDERS
User shall not be at a liberty to cancel its order for a product once the order is placed with Us.
12. SHIPPING AND DELIVERY
(i) Shipping Charges
Shipping charges for delivery of products within the territory of India shall be included in the product value itself. However, a User may be required to pay Shipping Charges for delivery of products outside India. Shipping Charges in such an instance shall be as per the location in addition to the product value ordered. Shipping Charges will appear at the time of checkout. All delivery charges are inclusive of GST unless stated otherwise. Shipping Charges may vary for different international locations because of the increase in shipping cost due to being located in a different area.
i. An estimated delivery time of each product will be displayed on the ‘product order page’ upon placing the order. User will receive an email or SMS at the email address or mobile number provided to Us containing a summary of the order and also the estimated delivery time to the User’s location.
iii. Delivery timeframes are mere estimates and are not guaranteed delivery timeframes and should not be relied upon as such. Deliveries to certain locations may take longer than expected due to accessibility of the location and serviceability by the logistics service provider.
(iii) Delayed Delivery
Sometimes, delivery may take longer due to reasons including but not limited to:
Logistics service provider related challenges,
Product lost in transit,
Regional or national holidays which are considered as delivery holidays,
Other unforeseen circumstances or events beyond the control of our Platform or logistics service provider,
Lockdown and/or curfew.
If the estimated delivery date has passed and the User has not received the order, User can contact us via the Contact Us section (client to insert link here) and We will take steps to track the package. In such cases, We may also try to proactively contact the User. User is advised to check their emails and SMS regularly for such updates.
Our Website will not be liable and/or responsible to compensate User for any mental agony or inconvenience or loss caused due to delay in delivery for any reason. User may be informed by email or SMS at the email address or mobile number provided to Us if any product in the order is unavailable or is delayed or lost in transit.
We carefully inspect each product prior to shipment. However, inadvertently, in the event, upon receipt of the User’s order should the User discover any damage or defect in the product(s) received, the User must contact Us immediately. Any damage or defect in the product(s) so delivered should be brought to Our attention via email at email@example.com along with pictures of the defect/damage of the product received, within 2 days of receipt of the order. We, at our sole discretion, will provide User with replacement of the defective product as per availability of the same after receipt of the product by Us in good condition without any further defect or damage after we have conducted a quality check on the returned product at Our sole discretion. Please note that User will have to bear the cost of shipping the product back to Us at the address provided by Us to such a User.
14. FRIVILOUS COMPLAINTS
In the event, it comes to Our knowledge that a User has raised a complaint / request for return and the same is frivolous or baseless complaint / request regarding the quality or content of the products, We reserve the sole right to take necessary actions / legal actions against User as We may deem fit and User will be solely liable and responsible for all costs and expenses incurred by Us in this regard.
15. WEBSITE PROVIDER OBLIGATIONS
We will use commercially reasonable efforts to enable Our Website to be accessible, except for scheduled maintenance, downtime(s) and required repairs and for any interruption due to causes beyond the reasonable control of, or not reasonably foreseeable by Our Website, including, but not limited to, any Force Majeure Event (as defined hereinbelow). The foregoing undertaking shall not apply to the extent of any non-conformance caused by use of Our Website contrary to the Website Provider's instructions, or modification or alteration of Our Website by any party other than the Website Provider. If Our Website is in non-conformance with the foregoing undertaking, We will use all reasonable commercial endeavours to correct any such non-conformance, or We may, at Our sole discretion provide Users with an alternative means of accomplishing the desired performance.
16. TERM AND TERMINATION
Term: A User may use / browse / shop on Our Website, until User so desires, save and except unless a User has been barred by Us due to reasons such as violation / breach of any of the terms of these Terms and Conditions.
Termination: We reserve the right to terminate or suspend access to all or any portion of the Services for violation or suspected violation of these Terms and Conditions.
Effect of Termination. User will have no further rights to access Our Website. However, Termination will not affect the rights, liabilities and/or claims of User with respect to User’s order(s) that accrued prior to termination.
User agrees to maintain the confidentiality of Our Website’s Confidential Information. For the purposes of these Terms and Conditions, the term “Confidential Information” means all portions of the Services, including but not limited to, Our Website.
18. THIRD PARTY LINKS OR INFORMATION
Our Platform contains links to other websites/mobile applications that are not hosted, owned, maintained, operated by the Website Provider. We shall not be liable and/or responsible in any way whatsoever for the content, accuracy or opinions expressed in such third-party websites, and does not investigate, monitor, or check these websites for their content’s accuracy or completeness. The inclusion of any linked apps/website on Our Website does not imply approval or endorsement of that linked app/website by Us. Once a User leaves Our Website to access these third-party sites, User does so at its own risk. We do not assume any responsibility and/or liability for any acts, commission, omission on the part of the User towards any harm or damages caused to the User and/or User’s hardware due to the User accessing such third party websites.
19. DISCLAIMERS OF STATEMENTS / WARRANTIES
User’s use of Our Website or products purchased that are listed on Our Website is at User’s sole and own risk. Our Website is provided on an "as is" and "as available" basis, without any statements or warranties of any kind, either express or implied. Neither We, Our affiliates nor any person associated with Us makes any statement, warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of Our Website or that of the information provided on Our Website. Our Website and Our affiliates hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law. No verbal or written representations, information or advice given by Us, Our affiliates or Our authorized representative shall create a warranty or in any way increase the scope of this warranty.
i. No part of Our Website or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which the User should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to any aspect of Our Website.
ii. We make reasonable efforts to ensure that the content contained within Our Website is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that Our Website (and the content therein) is complete, accurate or up-to-date.
iii. We are not responsible for any aspect of any services provided by Third-Party Service Providers, nor do we endorse those services in any way.
iv. User’s use of services provided by Third-Party Service Providers shall be subject to the terms and conditions / terms of service specific to those services. We will not be party to any contracts or agreements between the Users and Third-Party Service Providers, nor will we be responsible for such transactions in any way.
v. Users are responsible for protecting their hardware, software, data and other material from viruses, malware and other internet security risks.
vi. User must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Website.
vii. User must not attempt to gain unauthorised access to any part of Our Website, the server on which Our Website is stored, or any other server, computer, or database connected to Our Website.
viii. User must not attack Our Website by means of a denial-of-service attack, a distributed denial of service attack, or by any other means.
ix. By breaching the provisions of these sub-Clauses above, User runs the risk of committing a cybercrime under the Information Technology Act, 2000 (as may be amended from time to time) and such other cybercrime laws prevalent at that time. Any and all such breaches will be reported to the relevant law enforcement authorities and We will co-operate fully with those authorities by disclosing your identity to them. User’s right to use Our Website will cease immediately in the event of such a breach and, where applicable, the User’s access to Our Website will be suspended and/or terminated, as the case may be.
20. DATA PROTECTION
i. Both Users and We shall comply with all requirements of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. With respect to personal data hosted by Us on behalf of a User, for the purposes of the Information Technology Rules, 2011 the User is the data controller and We are the data processor.
ii. Any and all personal data processed by Us (as a data processor) on the User’s behalf (as a data controller) in the course of providing our Website) shall be processed in accordance with the terms of Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
However, it is to be noted that section 69 of the Act, which is an exception to the general rule of maintenance of privacy and secrecy of the information, provides that where the Government is satisfied that it is necessary in the interest of:
• the sovereignty or integrity of India,
• defence of India,
• security of the State,
• friendly relations with foreign States or
• public order or
• for preventing incitement to the commission of any cognizable offence relating to above or
• for investigation of any offence.
It may by order, direct any agency of the appropriate Government to intercept, monitor or decrypt or cause to be intercepted or monitored or decrypted any information generated, transmitted, received or stored in any computer resource. This section empowers the Government to intercept, monitor or decrypt any information including information of personal nature in any computer resource.
Where the information is such that it ought to be divulged in public interest, the Government may require disclosure of such information. Information relating to anti-national activities which are against national security, breaches of the law or statutory duty or fraud may come under this category.
21. USER LIABILITY
i. All the information pertaining to the User shall be uploaded by Us on Our servers immediately on receipt of the information from User. In any event whatsoever, User shall be solely liable and/or responsible for the information provided by the User to Us and We shall hold no liability and/or responsibility for any disputes/discrepancies on the part of the User. Further, User shall provide only such information/content to which User has exclusive ownership, right, title, interest and have an authority to exploit the same in anyway whatsoever.
ii. In the event of any default by User in making payment for the products ordered by the User, User would solely be responsible and liable for the same and We and/or Website Provider under no circumstances will be held liable for failure on the part of User in the event of payment of default.
iii. We are neither User’s agent nor contractor. We shall provide Our Website to User on a Principal-to-Principal basis and nothing contained in this Terms and Conditions shall constitute a partnership or joint venture or an agency relationship between User and Us; and We do not authorize User to make any representation or to incur any liability on behalf of Us.
22. LIMITATION OF LIABILITY
i. We will not be liable (whether in contract, warranty, tort (including negligence, product liability, any type of civil responsibility, or other theory or otherwise) to the User or any other person for the cost of cover, recovery or recoupment of any investment made by you or your affiliates in connection with our association, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this association, even if Our Website has been advised of the possibility of such costs or damages.
ii. In no event shall Our Website, Our affiliates, licensors, employees, agents, officers or directors be liable to the User or any Third Party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, loss of data, or loss of profits, whether or not We have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of the Services or of any web site referenced or linked to from the Services. User solely shall be responsible for all claims and damages resulting from the misuse of the Services by the User.
User agrees to indemnify, keep indemnified, hold harmless, compensate and defend fully, Our Website, Website Provider, Our affiliates, authorised representatives, officers, employees, agents, successors and assigns, from and against any damages, losses, and expenses (including reasonable attorneys’ fees) resulting from any Third-Party claim, action or demand arising out of any breach by User of any representation, warranty, covenant, obligation or duty of User under this Terms and Conditions.
All provisions relating to proprietary rights, confidentiality, disclaimer of warranty, indemnity, and limitation of liability shall survive the expiration or earlier termination of these Terms and Conditions.
Except, for any provisions determining the primary contractual obligations of User and Us hereunder, We have the right to revise and amend these Terms and Conditions from time to time to reflect changes in business needs, legal requirements (amendments to applicable laws for the time being in force) including, but not limited to, changes in features and functionality, changes in market conditions, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in system capabilities. Changes are effective immediately upon User’s continued use of any of the Services including but not limited to browsing through Our Website following the posting of revised Terms and Conditions means that User accepts and agrees to the changes, to the extent permitted by applicable laws.
i. We may transfer (assign) Our obligations and rights under these Terms and Conditions to a Third Party (this may happen, for example, if We sell Our business). If this occurs, you may be informed by Us. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to such third party who will remain bound by it.
ii. User cannot transfer (assign) User’s obligations, liability, responsibility and rights under these Terms and Conditions without Our express written permission.
iii. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any Court or other authority, that/those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
iv. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions shall mean that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions shall mean that We will waive any subsequent breach of the same or any other provision.
v. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements.
User acknowledges that a breach of any confidentiality or proprietary rights provision of these Terms and Conditions may cause Us an irreparable damage, for which the award of damages would not be adequate compensation. Consequently, We may seek an injunction to prevent the User from taking any and all acts in violation of those provisions, which remedy shall be cumulative and not exclusive and We may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which the We may be entitled at law or in equity.
28. GOVERNING LAW AND VENUE
This Policy shall be construed and governed by the laws in India and courts in Mumbai alone shall have exclusive jurisdiction over matters relating to or arising from this Policy.
Legal notices may be sent to Us at firstname.lastname@example.org (if by email), or, Hubtown Sunmist, Bldg A 1105, Andheri (East), Mumbai – 400 069, Maharashtra, India (if by conventional mail). Notices to User may be sent either to the email address provided by the User to Us. Any notices or communication under these Terms and Conditions will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) 2 (two) business days after deposit with a commercial carrier, with written verification of receipt; (c) 5 (five) business days after the mailing date, if sent by mail, return receipt requested; (d) on the delivery date if transmitted by email.
When User uses Our Website or send emails or other data, information or communication to Us or contacts Us, User agrees and understands that User is communicating with Us through electronic records and User consents to receive communications via electronic records from Us periodically and as and when required. We may communicate with the User by email or by such other mode of communication, electronic or otherwise.
31. FORCE MAJEURE
Our Website will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations that is caused by events outside its reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Our reasonable control including, but not limited to, epidemic, pandemic, global pandemic, lockdown, restrictions of law, regulations, orders, or other governmental directives, labour disputes, acts of God, third party mechanical or other equipment breakdowns, terrorist attacks, fire, explosions, fibre optic cable cuts, interruption or failure of telecommunications or digital transmission links, Internet failures or delays, storms or other similar events.
33. NO THIRD-PARTY BENEFICIARIES
Any person or entity not a party to these Terms and Conditions will be deemed to be a Third-Party beneficiary of these Terms and Conditions or any provision hereof.
If any provision of these Terms and Conditions are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permissible in and by law and the remaining provisions of these Terms and Conditions will remain in full force and effect.
35. WAIVER AND AMENDMENT
If We fail to insist upon strict performance of User’s obligations under any of these Terms and Conditions, or if We for any reason whatsoever fail to exercise any of the rights or remedies to which We are entitled under these Terms and Conditions, this will not constitute a waiver of such rights or remedies and will not relieve User from compliance with such obligations. No waiver by Us of any default will constitute a waiver of any subsequent default and no waiver by Website Provider of any of these Terms and Conditions will be effective unless it is expressly stated to be a waiver and is communicated to User in writing.
36. DISPUTE RESOLUTION
i. The Parties shall attempt in good faith to resolve any dispute, difference or claim arising out of or in relation to this Policy through mutual discussion. In case it is not resolved within thirty (30) days from receipt of the written notice (setting out the dispute or claim) by the other party, the complaining party may issue a notice of reference, invoking settlement of such dispute through Arbitration.
ii. Any and all disputes arising out of or in relation to this Policy between the Parties hereto or arising out of or relating to or in connection with this Policy or the performance or non-performance of the rights and obligations set forth herein or the breach, termination, invalidity or interpretation thereof, shall be referred for arbitration in accordance to the provisions of the Arbitration and Conciliation Act, 1996 or any amendments thereof.
iii. The place and seat of arbitration shall be Mumbai and the language used in the arbitral proceedings shall be English. Arbitration shall be conducted by a sole arbitrator to be appointed mutually by both the parties.
iv. Costs of arbitration shall be borne equally by the both the parties to this Policy.
v. The arbitral award issued by such Arbitrator shall be in writing.
37. COMPLETE UNDERSTANDING
38. CONTACT US
In accordance with Information Technology Act 2000, the Consumer Protection Act, 2019 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Name: Shivangi A Gandhi
Address: Hubtown Sunmist, Bldg A 1105, Andheri (East), Mumbai – 400 069, Maharashtra, India.
Effective Date: 15 July, 2021