Terms and Conditions
When you use Shivpeth.com or any partner site of Shivpeth.com ("Shivpeth.com"
together represents this website, promoters/owners of this website, and
affiliates/subsidiaries/agents/representatives of this website and/or its
promoters), it is understood that the usage is subject to the notices, terms,
and conditions set forth in this agreement (the "Agreement"). In
addition, when you use any Shivpeth.com service (e.g., Customer Reviews), you
will be subject to the rules, guidelines, policies, terms, and conditions
applicable to such service, and they are incorporated into this Agreement by
this reference. Shivpeth.com reserves the right to change these terms and
conditions at any time.
ACCESSING,
BROWSING, OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS
AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE PROCEEDING.
1. Use of the Website
("Site")
You represent and warrant that you are at least 18
years old or visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, Shivpeth.com hereby
grants you a limited, revocable, non-transferable, and non-exclusive license to
access and use the Site by displaying it on your internet browser only for the
purpose of shopping for personal items sold on the Site and not for any
commercial use or use on behalf of any third party, except as explicitly
permitted by Shivpeth.com in advance. Any breach of this Agreement shall result
in the immediate revocation of the license granted in this paragraph without
notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute,
display, sell, lease, transmit, create derivative works from, translate,
modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site
or any portion of it unless expressly permitted by Shivpeth.com in writing. You
may not make any commercial use of any of the information provided on the Site
or make any use of the Site for the benefit of another business unless
explicitly permitted by Shivpeth.com in advance. Shivpeth.com reserves the
right to refuse service, terminate accounts, and/or cancel orders at its
discretion, including, without limitation, if Shivpeth.com believes that
customer conduct violates applicable law or is harmful to Shivpeth.com's
interests.
You shall not upload to, distribute, or otherwise publish through this Site any
Content, information, or other material that (a) violates or infringes the
copyrights, patents, trademarks, service marks, trade secrets, or other
proprietary rights of any person; (b) is libelous, threatening, defamatory,
obscene, indecent, pornographic, or could give rise to any civil or criminal
liability under Indian law; or (c) includes any bugs, viruses, worms, trap
doors, Trojan horses or other harmful code or properties.
Shivpeth.com may assign you an account identification to enable you to access
and use certain portions of this Site. Each time you use Mobile/ Email OTP for
identification, you will be deemed to be authorized to access and use the Site
in a manner consistent with the terms and conditions of this Agreement, and Shivpeth.com
has no obligation to investigate the authorization or source of any such access
or use of the Site.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO
AND USE OF THIS SITE BY ANYONE USING Mobile or Email OTP IDENTIFICATION
ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE
IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS
AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL
OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE.
You are solely responsible for protecting the security and confidentiality of the identification assigned to you. You shall immediately notify Shivpeth.com of any unauthorized use of your OTP identification or any other breach or threatened breach of this Site's security.
2. Reviews and Comments
Except as otherwise provided elsewhere in this
Agreement or on the Site, anything that you submit or post to the Site and/or
provide to Shivpeth.com, including without limitation, ideas, know-how,
techniques, questions, reviews, comments, and suggestions (collectively,
"Submissions") is and will be treated as non-confidential and
non-proprietary, and Shivpeth.com shall have the royalty-free, worldwide,
perpetual, irrevocable and transferable right to use, copy, distribute,
display, publish, perform, sell, lease, transmit, adapt, create derivative
works from such Submissions by any means and in any form, and to translate,
modify, reverse-engineer, disassemble, or decompile such Submissions. All
Submissions shall automatically become the sole and exclusive property of Shivpeth.com
and shall not be returned to you.
In addition to the rights applicable to any Submission, when you post comments
or reviews to the Site, you also grant Shivpeth.com the right to use the name
that you submit with any review, comment, or other Content, if any, in
connection with such review, comment, or other content. You represent and
warrant that you own or otherwise control all of the rights to the reviews,
comments and other Content that you post on this Site and that use of your
reviews, comments, or other Content by Shivpeth.com will not infringe upon or
violate the rights of any third party. You shall not use a false e-mail
address, pretend to be someone other than yourself, or otherwise mislead Shivpeth.com
or third-parties as to the origin of any Submissions or Content. Shivpeth.com
may, but shall not be obligated to, remove or edit any Submissions (including
comments or reviews) for any reason.
It is also notified that in any event of a conflict of the above with our
Privacy Policy, we would uphold our Privacy Policy clauses. You can view our
Privacy policy.
3. Risk of Loss & Other Terms of Sale
The risk of loss and title for items purchased by
you is passed to you upon Shivpeth.com's delivery of the items to the carrier
pursuant to Shivpeth.com's standard terms of sale.
4. Termination and Effect of Termination
In addition to any other legal or equitable
remedies, Shivpeth.com may, without prior notice to you, immediately terminate
the Agreement or revoke any or all of your rights granted under this Agreement.
Upon any termination of this Agreement, you shall immediately cease all access
to and use of the Site and Shivpeth.com shall, in addition to any other legal
or equitable remedies, immediately revoke all password(s) and account
identification issued to you and deny your access to and use of this Site in
whole or in part. Any termination of this Agreement shall not affect the
respective rights and obligations (including without limitation, payment
obligations) of the parties arising before the date of termination.
5. International Access
This Site may be accessed from countries other than
India. This Site may contain products or references to products that are not
available outside of India. Any such references do not imply that such products
will be made available outside India. If you access and use this Site outside
India you are responsible for complying with your local laws and regulations.
6. Disclaimer and Limitation of Liability
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS
OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE
PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE
PROVIDED BY Shivpeth.com ON AN "AS IS" BASIS. Shivpeth.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE
OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS
INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Shivpeth.com
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, AND SYSTEM INTEGRATION.
THIS SITE MAY INCLUDE INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. Shivpeth.com
DOES NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, Shivpeth.com WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHIVPETH.COM'S
TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE
ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY
YOU TO Shivpeth.com DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY
GIVING RISE TO SHIVPETH.COM'S LIABILITY.
7. Typographical Errors
In the event a product is listed at an incorrect
price or with incorrect information due to typographical error or error in
pricing or product information received from our suppliers, Shivpeth.com shall
have the right to refuse or cancel any orders placed for the product listed at
the incorrect price. Shivpeth.com shall have the right to refuse or cancel any
such orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase and your
order is canceled, Shivpeth.com shall immediately issue a credit to your credit
card account in the amount of the charge.
8. Links
This site may contain links to other sites on the
Internet that are owned and operated by third parties. You acknowledge that Shivpeth.com
is not responsible for the operation of or content located on or through any
such site.
9. Copyright complaints
Shivpeth.com respects the intellectual property of
others. If you believe that your work has been copied in a way that constitutes
copyright infringement, please contact us at info@Shivpeth.com.
10. Remedies
You agree that Shivpeth.com's remedy at law for any
actual or threatened breach of this Agreement would be inadequate and that Shivpeth.com
shall be entitled to specific performance or injunctive relief, or both, in
addition to any damages that Shivpeth.com may be legally entitled to recover,
together with reasonable expenses of any form of dispute resolution, including,
without limitation, attorneys' fees.
No right or remedy of Shivpeth.com shall be exclusive of any other, whether at
law or in equity, including without limitation damages injunctive relief,
attorneys' fees, and expenses.
No instance of waiver by Shivpeth.com of its rights or remedies under these
terms and conditions shall imply any obligation to grant any similar, future,
or another waiver.
11. Entire Agreement
If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then
the invalid or unenforceable provision will be deemed to be superseded by a
valid, enforceable provision that most closely matches the intent of the
original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and Shivpeth.com with respect to the Shivpeth.com
sites/services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral, or written, between you and Shivpeth.com
with respect to the Shivpeth.com sites/services. Shivpeth.com's failure to act
with respect to a breach by you or others does not waive its right to act with
respect to subsequent or similar breaches.
12. Site Security
You are prohibited from violating or attempting to
violate the security of the Site, including, without limitation, (a) accessing
data not intended for you or logging onto a server or an account which you are
not authorized to access; (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to interfere with service
to any other user, host or network, including, without limitation, via means of
submitting a virus to the Site, overloading, "flooding,"
"spamming," "mailbombing" or "crashing;" (d)
sending unsolicited email, including promotions and/or advertising of products
or services; or (e) forging any TCP/IP packet header or any part of the header
information in any email or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. Shivpeth.com will
investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are
involved in such violations. You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working of this
Site or any activity being conducted on this Site. You agree, further, not to
use or attempt to use any engine, software, tool, agent, or other device or
mechanism (including without limitation browsers, spiders, robots, avatars, or
intelligent agents) to navigate or search this Site other than the search engine
and search agents available from Shivpeth.com on this Site and other than
generally available third party web browsers (e.g., Microsoft Internet
Explorer, Google Chrome, Firefox, etc.).
13. Objectionable material
You understand that by using this Site or any
services provided on the Site, you may encounter Content that may be deemed by
some to be offensive, indecent, or objectionable, which Content may or may not
be identified as such. You agree to use the Site and any service at your sole
risk and that to the fullest extent permitted under applicable law, Shivpeth.com
and its affiliates shall have no liability to you for Content that may be
deemed offensive, indecent, or objectionable to you.
It should be noted that Shivpeth.com is purely an e-shopping website and is NOT
intended to be an adult site or any site which encourages or promotes access,
promotion, or sale of pornographic, adult, or any sort of objectionable
materials. Shivpeth.com is committed to selling products that are legally
allowed for sale in India and are embarrassing to purchase from retail shops
despite being widely available at retail shops.
14. Copyright and Trademark
Shivpeth.com and its suppliers and licensors
expressly reserve all intellectual property rights in all text, programs, products,
processes, technology, content, and other materials, which appear on this Site.
Access to this Site does not confer and shall not be considered as conferring
upon anyone any license under any of Shivpeth.com or any third party's
intellectual property rights. All rights, including copyright, in this website,
are owned by or licensed to Shivpeth.com. Any use of this website or its
contents, including copying or storing it or them in whole or part, other than
for your own personal, non-commercial use is prohibited without the permission
of Shivpeth.com. You may not modify, distribute or re-post anything on this
website for any purpose.
The Shivpeth.com names and logos and all related product and service names,
design marks, and slogans are the trademarks or service marks of Shivpeth Pvt.
Ltd. All other marks are the property of their respective companies. No
trademark or service mark license is granted in connection with the materials
contained on this Site. Access to this Site does not authorize anyone to use
any name, logo, or mark in any manner.
References on this Site to any names, marks, products, or services of third
parties or hypertext links to third-party sites or information are provided
solely as a convenience to you and do not in any way constitute or imply Shivpeth.com
endorsement, sponsorship, or recommendation of the third party, information,
product or service.
Shivpeth.com is not responsible for the content of any third-party sites and
does not make any representations regarding the content or accuracy of material
on such sites. If you decide to link to any such third-party websites, you do
so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons,
photographs, programs, music clips or downloads, video clips, and written and
other materials that are part of this Site (collectively, the
"Contents") are intended solely for personal, non-commercial use. You
may download or copy the Contents and other downloadable materials displayed on
the Site for your personal use only. No right, title, or interest in any
downloaded materials or software is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted above), publish,
transmit, distribute, display, modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole or in part, any of
the Contents, the Site or any related software. All software used on this Site
is the property of Shivpeth.com or its suppliers and is protected by Indian and
international copyright laws. The Contents and software on this Site may be
used only as a shopping resource. Any other use, including the reproduction,
modification, distribution, transmission, republication, display, or
performance, of the Contents on this Site is strictly prohibited. Unless
otherwise noted, all Contents are copyrights, trademarks, trade dress, and/or
other intellectual property owned, controlled, or licensed by Shivpeth.com, one
of its affiliates, or by third parties who have licensed their materials to Shivpeth.com
and are protected by Indian and international copyright laws. The compilation
(meaning the collection, arrangement, and assembly) of all Contents on this
Site is the exclusive property of Shivpeth.com and is also protected by Indian
and international copyright laws.
15. Disputes and Jurisdiction
In case of any breach of terms or violation of the
Agreement, you agree to notify Shivpeth.com in private about the possible
breach and give it at least 90 days to investigate and rectify any such breach
or violations. In the unlikely event of failure by Shivpeth.com to do so, you
agree to serve Shivpeth.com a legal notice clearly mentioning and evidencing
such breach and give Shivpeth.com a minimum of 90 further days to explain the
cause and rectify the breach (if applicable and under the control of Shivpeth.com).
This should be sent to us over email: info@Shivpeth.com
In case of a settlement not having been reached, you may initiate legal action
or lodge a complaint against Shivpeth.com at the appropriate Court of Law or
authorities like the Consumer Court. This Agreement shall be construed in
accordance with the applicable laws and Constitution of the Republic of India
and is subject to the exclusive jurisdiction of the Honourable Courts of Pune
only.
16. Indemnity
You agree to defend, indemnify and hold harmless Shivpeth.com,
its employees, directors, officers, agents, representatives, business partners,
service providers, and their successors and assigns from and against any and
all claims, liabilities, damages, losses, costs, and expenses, including
attorney's fees, caused by or arising out of claims based upon your actions or
inactions, which may result in any loss or liability to Shivpeth.com or any
third party including but not limited to breach of any warranties,
representations or undertakings or in relation to the non-fulfillment of any of
your obligations under this User Agreement or arising out of your violation of
any applicable laws, regulations including but not limited to Intellectual
Property Rights, payment of statutory dues and taxes, claim of libel,
defamation, violation of rights of privacy or publicity, loss of service by
other subscribers and infringement of intellectual property or other rights.
This clause shall survive the expiry or termination of this User Agreement