OVERVIEW

This website is operated by Samina Patel Throughout the site, the terms “we”, “us”, “our” and “company” refer to Samina Patel Marketing. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Systeme.io. They provide us with an online platform that allows us to sell our products and services to you.

USER ELIGIBILITY

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use before you use the Site.

USER ACCOUNT TERMS

If you use the Platform, you shall be responsible for maintaining the confidentiality of your Display Name and Password and you shall be responsible for all activities that occur under your Display Name and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not following this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Your mobile phone number and/or e-mail address are treated as your primary identifier on the Platform. It is your responsibility to ensure that your mobile phone number and your email address are up to date on the Platform at all times. You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification.

You agree that we are not liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where you have failed to update your revised mobile phone number and/or e-mail address on the Website Platform.

If you share or allow others to have access to your account on the Platform (“Account”), by creating separate profiles under your Account, or otherwise, they will be able to view and access your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

You may / must

-       Not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service.

-       Not transmit any worms or viruses or any code of a destructive nature.

-       Not violate any laws in your jurisdiction (including but not limited to copyright laws).

Violation of the above will attract legal / penal action against you.

A breach or violation of any of the Terms will result in an immediate termination of your Services

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without obtaining prior written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

AVAILING OF SERVICES

Subject to acceptance of the Terms, the Website offers Registered Users the services of buying the Products, as listed on the Website. You reserve the right to select the type of product you would like to purchase, from the options displayed on the Website. The Company reserves the right to prevent you from using the Website and providing you service (or any part thereof) and to prevent you from making any transaction on the Website.

The Information provided by you while availing of the Services on the Website is subject to the Privacy Policy of the Company displayed on the Website.

The Company reserves the right to store, evaluate, analyze, verify, and authenticate the information and data provided by the Users. You are required to fill in your data accurately and precisely while filing the information for placing orders for Products.

The User reserves the right to accept/refuse the request of the Order placed on the Website or any part thereof, subject to the Cancellations, Returns And Refunds Policy, as outlined below.

You can choose from the Products listed on the Website. However, Company does not give any guarantee that the Orders will be fulfilled or performed on the date chosen or provided by you, depending on the calendar of events. In case the Products are not delivered on the specific date due to any unavoidable reasons including but not limited to Force Majeure Events, then you can choose to get the Products delivered on any next available delivery date.

The company shall not be held liable for Products being out of stock. The company shall on best efforts basis ensure that the Users face no inconvenience and are well supported by the customer care team. For every order placed on the Website, an order confirmation mail will be sent to the Buyer which will carry the details of all the products that the vendor can supply at the given rates. The order confirmation mail sent to the Buyer will contain the details of the Product that will be dispatched to the Buyer from the Vendor [i.e. Product / Service Owner, manufacturer, wholesaler, etc].

Your use of any information or materials on this Website is entirely at your own risk, for which Company shall not be liable. It shall be your responsibility to ensure that any Products and/or related services or information available through this Website meet your specific requirements.

Although we make the best possible effort to display the current/running Product labels, descriptions, etc. along with their true colours, it may be possible that the actual product label or colour might be different from what shown on the Website. The same might be because of label changes done by the Vendor [i.e. Product / Service Owner, manufacturer, wholesaler, etc] or due to technical issues like resolution and colour. The Buyer is required to check the Product thoroughly at the time of delivery, if not satisfied the Product should be returned, following the return policy of the Company and the policy, if applicable, of the Vendor [i.e. Product / Service Owner, manufacturer, wholesaler, etc]. The company shall not take any responsibility for the return, in case the Vendor policy does not permit or allow any return of the Product.

MODIFICATIONS TO THE SERVICE AND PRICES

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

PURCHASES AND PAYMENT

We accept online payment. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment method for any such amounts upon placing your order.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors.

RETURNS AND REFUND POLICY

Due to the Digital nature of the products offered, a refund / cancellation once the purchase has gone through is not possible unless a duplicate purchase of the same product was accidentally made by the user

THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or any other materials, products, or services of third parties.

We are not liable 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. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

PROHIBITED USES

In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;

(g) to 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 Service or any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose; or

(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website and initiate legal/penal action against you for violating any of the prohibited uses.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall the Samina Patel, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

Vendor/Buyer Indemnity:

Registered Users agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Website or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers and Vendor/Buyer harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company 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 Agreement or arising out of the 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 Agreement.

The company is merely acting as a pure marketplace and is not involved in doing any sale or purchase of the Products.

SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service; however, such determination shall have no bearing on the validity and enforceability of the remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

By using this Site, you agree that the laws of India shall govern these Terms of Service and any disagreement you may have with Samina Patel or its affiliates.  In case of any disputes, the jurisdiction for arbitration shall be Mumbai, India.

It is mandatory to provide the name and contact information of the Grievance Officer in compliance with the Information Technology Act of 2000 and its rules, as well as the Consumer Protection (E-Commerce) Rules of 2020 in your terms and conditions.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at hello@saminapatel.com