TERMS OF USE, REFUND AND PRIVACY POLICY AND DISCLAIMER
The following terms and conditions constitute a binding agreement. between you (hereinafter referred to as “User” and “Buyer”), and Swarna Shree Yantra(hereinafter referred to as “Swarna Shree Yantra”, “we,” or “us “or “our”), the operator of www.shreeyantraindia.com (the “Website”) and related websites, portal, on/in which these Terms of Use is posted or referenced (collectively, including ordering of any Merchandise through the portal).
By subscribing to or using any of our portals you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the portal.The onus of using the website by adhering to the terms and conditions is on you / the user, and if you do not agree with these terms, you cannot use / access the portal or order any Merchandise These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
In these Terms, references to “you” or “User” shall mean the end User accessing the Website, its contents and using the portal , “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean Swarna Shree Yantra and its affiliates.
These terms of use (the “Terms of Use”), together with our PRIVACY POLICY and DISCLAIMER, (each of which are incorporated herein by reference, and collectively, this “Agreement”) govern your use of the portal, both as a non-registered User and as a registered User.
Please note that we offer the online ordering of the merchandise through the portal “AS IS” and without warranties. If you are registering an account or using the portal on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf.
1) INTRODUCTION
1.1 Welcome to the www.shreeyantraindia.com (the ‘Website’). The Website is Internet based content and e-commerce portal operated by “Radius Corporation Limited”, a company incorporated under the laws of India.
1.2 Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. The Website at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
1.3 The Products can be purchased through the Website through various methods of payments offered. The sale / purchase of Products shall be governed by specific policies of sale, like cancellation policy, return policy, payment terms. In addition, these terms and policies may be further supplemented by Product specific conditions, which may be displayed on the webpage of that Product.
1.4 You hereby consent, and agree that you have read and fully understand the privacy policy of www.shreeyantraindia.com . You further consents that the terms and contents of such Privacy Policy are acceptable to you.
1.5 You agree and undertake not to reverse engineer, modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
1.6 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, www.shreeyantraindia.com owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to www.shreeyantraindia.com without obtaining authorization from www.shreeyantraindia.com
2) ELIGIBILITY
2.1 You must be 18 years of age or older to register, use the portal, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to Swarna Shree Yantra that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the portal available through the Website, and agree to and abide by this Agreement.
3) USER SUBMISSIONS
3.1 Anything that you submit to the Website and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively “Submissions”) will become our sole and exclusive property and shall not be returned to you. In addition to the rights applicable to any Submission, when you post comments or reviews to the Website, you also grant us the right to use the name that you submit, in connection with such review, comment, or other content. We may, but shall not be obligated to, remove or edit any Submissions.
3.2 As per these Terms, you are solely responsible for every material or content uploaded on to the Website. We do not review the contents in any way before they appear on the Website. We do not verify, endorse or otherwise vouch for the contents of any User or any content generally posted or uploaded on to the Website. You can be held legally liable for their contents and may be held legally accountable if your contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc.
4) USE OF CONTENT
4.1 All of the Content is owned by us or our licensors and is protected by copyright, trademark, patent, and trade secret laws, other proprietary rights. You acknowledge that the portal and any underlying technology or software used in connection with the portal contain Swarna Shree Yantra’s proprietary information. We give you permission to use the aforementioned content for personal, non-commercial purposes only and do not transfer any intellectual property rights to you by virtue of permitting your use of the portal. You may print, download, and store information from the Site for your own convenience, but you may not copy, distribute, republish (except as permitted in this paragraph), sell, or exploit any of the content, or exploit the Site or the portal in whole or in part, for any commercial gain or purpose whatsoever. Except as expressly and unambiguously provided herein, neither Swarna Shree Yantra nor its suppliers grant you any express or implied rights, and all rights in the Site and the portal not expressly granted by Swarna Shree Yantra to you are retained by Swarna Shree Yantra
5) EXACTNESS NOT GUARANTEED
5.1 We hereby disclaim any guarantees of exactness as to the finish and appearance of the final product as ordered by the User. The quality of any products, information, or other material purchased or obtained by you through the Website may not meet your expectations.
6) WARRANTIES, REPRESENTATIONS AND LIMITATIONS
6.1 We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which User’s gain access to the Site; what content you access via the Site; what effects the content on the Site may have on you; how you may interpret or use the content on the Site; or what actions you may take as a result of having been exposed to the content on the Site. You release us from all liability for you having acquired or not acquired content through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
We make no representations concerning any content contained in or accessed through the Site, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site. We make no representations or warranties regarding suggestions or recommendations of merchandise or products offered or purchased through the Site. We provide the site and online selling of merchandise “As Is”, “With All Faults” and “As Available.” We make no express or implied warranties or guarantees about the merchandise as available on the portal. To the maximum extent permitted by law, we hereby disclaim all such warranties, including all statutory warranties, with respect to the site, including without limitation any warranties that the merchandise are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing. We do not guarantee that the results that may be obtained from the use of the merchandise will be effective, reliable or accurate or will meet your requirements. We do not guarantee that you will be able to access or use the portal (either directly or through third-party networks) at times or locations of your choice. We are not responsible for the accuracy, reliability, timeliness or completeness of information provided by User’s or any other data or information provided or received through the portal. Except as expressly set forth herein, Swarna Shree Yantra makes no warranties about the information systems, software and functions made accessible through the portal or any other security associated with the transmission of sensitive information. Swarna Shree Yantra does not warrant that the site or the portal will operate error-free, bug-free or free from defects, that loss of data will not occur, or that the software or site are free of computer viruses, contaminants or other harmful items.
6.2 All of our products are thoroughly researched, and descriptions are, to the best of our knowledge, accurate and correct. The information contained on this Website:
a) Is for general information only and does not profess to be all-inclusive;
b) Is not intended as a substitute for qualified advice; and
c) May contain, or be linked to, advice, statements or opinions of third parties, information providers or content providers and use of or reliance on any such advice, statements or opinions is at the User’s own risk.
6.3 The User acknowledge and agree that any material and/or data downloaded at Website is done entirely at User’s own discretion and risk and they will be solely responsible for any damage to their electronic device or loss of data that results from the download of such material and/or data.
6.4 The information of the products set forth on the Website are not designed to diagnose, treat, cure or prevent any disease nor should any information contained herein be read as prescribing any specific remedy or guaranteeing any specific result. Swarna Shree Yantra advices its subscribers, visitors and Users of the Website that they should seek competent and appropriate professional advice before acting on the basis of any information contained in Website and the associated web pages.
6.5 The contents on the Website, “IDEAL SHREE YANTRA” section, “BENEFITS” section and “FAQ’s” section based largely upon the research and study of ancient Shastra, Aura and Chakra Scan results as well as actual experience of the Users of the Shree Yantra. This information has been prepared for information purposes only. Also it is pertinent to note that the benefits of the Swarna Shree Yantra would depend upon various factors and thus may vary from one person to another. Since the contents of these sections contain general information only, it may not reflect accurate remedies. In any case “Swarna Shree Yantra” or the “Website” or its advisors or its employees or any individual related to the Website shall not be liable or responsible to you for any detrimental consequences, may it be direct or indirect in nature. The FREE AURA AND ENERGY CHAKRA SCAN mentioned in the website is only for promotional purposes and is applicable only for one person on purchase of a specific product in India as mentioned in the website.
6.6 Please note that some jurisdictions do not allow limitations on implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you.
7) LINKS TO THIRD PARTY WEBSITES
7.1 The Site may include links to other websites, including links provided as automated search results. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. These links are provided for your convenience only and we do not endorse these sites or the products and services they provide. You acknowledge and agree that we are not responsible or liable for the content or accuracy of these other websites. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
8) PAYMENT TERMS
8.1 All Payments are deemed to be chargeable / invoiced in Indian Rupees (INR) for sale in India and in United State Doller (USD) for sale outside India. Prices shown in other currencies are for reference only and as per actual conversion rates versus United State Doller (USD), prevalent at the time of purchase.
8.2 While availing any of the payment methods available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
a) Lack of authorization for any transaction/s, or
b) Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
c) Any payment issues arising out of the transaction, or
d) Decline of transaction for any other reason/s
8.3 Before shipping / delivering your order, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our Users.
8.4 Use of the payment gateway shall not render us liable or responsible for any of the non-delivery, non-receipt, non-payment, damage, non-provision of after sales or warranty services or fraud as regards the product listed on the Website.
8.5 You have specifically authorized us to collect, process, facilitate and remit payments and / or the Transaction Price electronically or through Cash deposit in any of our Bank Accounts to and from other Users in respect of transactions through Payment Gateway.
8.6 All Valid Credit Card/ Debit Card/ Cash Card and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between you and the respective issuing bank.
8.7 All Online Bank Transfers from Valid Bank Accounts are processed using the Payment Gateway provided by the respective Issuing Bank which support Payment Gateway to provide these services to the Users. All such Online Bank Transfers on Payment Gateway are also governed by the terms and conditions agreed to between you and the respective Issuing Bank.
9) PAYMENT FACILITY FOR BUYERS
9.1 You, as a Buyer, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with us to purchase the product from our Website using the Payment Gateway, and you shall pay us the transaction price through your issuing bank using the Payment Gateway.
9.2 You, as a Buyer, shall be entitled to claim a refund of the Transaction Price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period agreed in the Transaction or within the time period as provided in the Policies, whichever is earlier. In case you do not raise a refund claim using Website features within 15 days calculated from mentioned Date of Delivery then this would make you ineligible for a refund. To initiate the refund request under this clause, please write us to info@shreeyantraindia.com.
10) ORDER CANCELLATION POLICY
10.1 You can cancel an order until it has been processed at our end for shipping. The shipment processing is done within 24 hours of placing an order.
10.2 Request for cancellations of orders once processed shall not be entertained.
11) REFUND POLICY
11.1 For whatever reason, there will not be any return or refund of the product once sold. However in case of Claims for missing items or items damaged in transit which must be received within two business days of receipt of the product, the Product would be replaced/exchanged by us.
11.2 In case of Replace / Exchange request for any missing item or damage in transit pursuant to above clause, please send us an email at info@shreeyantraindia.com
12) ORDER ACCEPTANCE AND PRICING
12.1 Please note that there are cases when an order cannot be processed for various reasons. The Website reserves the right to refuse or cancel any order for any reason at any given time. You may be asked to provide additional verifications or information, including but not limited to phone number and address, before we accept the order. We are determined to provide the most accurate pricing information on the Website to our Users; however, errors may still occur, such as cases when the price of an item is not displayed correctly on the Website. As such, we reserve the right to refuse or cancel any order. In the event that an item is mispriced, we may, at our own discretion, either contact you for instructions or cancel your order and notify you of such cancellation. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or bank account charged.
12.2 All prices displayed on the Website are subject to change at any time without notice.
12.3 All prices listed on the Website include Shipping / Delivery Costs for sale within India only. For sale outside India, Shipping / Delivery Costs will be extra. Also for sale outside India, any Custom duty and VAT over the price mentioned in the website if applicable at destination country will be borne / paid by the customer.
13) SHIPPING
13.1 Most orders are shipped within one business day. We will contact you if your order will be delayed with an estimated time for delivery. We ensure that your package will arrive safely and with delivery confirmation.
13.2 We will email you the tracking number once your order has been shipped and you can track the status at the relevant courier service website.
13.3 In case the package is returned to us after attempted delivery or because of a wrong shipping address provided by the User at the time of placing order, we will reship your order, only after receiving an email and correct address from you.
14) INDEMNIFICATION
14.1 Upon a request by us, you agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, suppliers, successors, and assigns from all liabilities, claims, demands and expenses, including attorney’s fees, made by any third party that arise from or are related to (a) your access to the Site, (b) your use of the portal, or (c) the violation of this Agreement (including without limitation the Terms of Use, the Additional Terms inter alia), or of any intellectual property or other right of any person or entity, by you or any third party using your Credentials. The foregoing indemnification obligation does not apply to liabilities, claims and expenses arising as a result of our own gross negligence or intentional misconduct.
15) RESERVATION OF RIGHTS
15.1 We reserve all rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our web Website, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making portal available to you and you will have no rights to make any commercial uses of our web Website or portal without our prior written consent.
16) PRIVACY POLICY
16.1 Data protection is a matter of trust and your privacy is important to us. We shall therefore only use your name and other information which relates to you in the manner set out in this Privacy Policy.
16.2 We follow reasonable industry standard technical and procedural measures to protect against unauthorized access and use of your personal information.
16.3 We use a number of mechanisms (encryption, passwords) to protect the security and integrity of your personal information against unauthorized access.
16.4 We use standard and authorized payment services and our Credit Check and Fraud Prevention policies are aligned to these companies.
16.5 We will only collect information where it is necessary for us to do so and we will only collect information if it is relevant to our dealings with you.
16.6 We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
16.7 You can visit the Website and browse without having to provide personal details and during your visit to the Website you remain anonymous.
16.8 None of the information we gather can be used by the public (visitors, other members, and anyone not employed by Swarna Shree Yantra or its affiliates) to identify a specific individual.
16.9 We use other third parties to provide logistics and payment processing on our site. When you transact or place an order on our Website, we will share shipping address with the logistics provider and credit card number with the payment gateway provider as necessary for the third party to provide that service.
16.10 We do not collect any personally identifiable information about you unless you voluntarily submit such information to us, by using our products and portal or by filling out a form or survey.
16.11 These third parties are prohibited from using your personally identifiable information for any other purpose.
16.12 We do not sell, rent, share, trade or give away any of your private information without your permission except to the financial institution that processes your credit card transactions. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Website.
16.13 This online privacy policy applies only to information collected through our Website and not to information collected offline.
17) COOKIES
17.1 A cookie is a small amount of information sent from our web server to your computer. We use cookies when someone logs into our Website, to maintain that login session and to retain login information, if requested. We do not use cookies to track your Internet activity before or after you leave our Website. Any activity while you are at the Swarna Shree Yantra Website may be tracked.
18) YOUR PERSONAL INFORMATION
18.1 In order to purchase the product, you must provide certain personal information about yourself. You may voluntarily submit, and hereby authorize Swarna Shree Yantra, its employees, agents and others operating on its behalf to use and/or disclose, personal information about you, including, without limitation, your name, address, social security number and contact information; payment card information; and other information that is either requested by Swarna Shree Yantra or voluntarily provided (“Personal Information”) in order to provide the Services to you, in accordance with our Privacy Policy.
19) MISCELLANEOUS
19.1 Electronic Contracting; Copyright Dispute
Your affirmative act of using the portal and/or registering for the portal constitutes your electronic signature to this Agreement, which includes our Privacy Policy, Acceptable Use Policy and Additional Terms, and your consent to enter into agreements with us electronically.
19.2 Changes to These Terms of Use / Privacy Policy
We may change these Terms of Use and the other documents consisting of the Agreement at any time, as we reasonably deem appropriate. Upon any such change, we will post the amended terms on the Site; we may also attempt to notify you in some other way. Your continued use of the Site and/or the portal following such posting shall constitute your affirmative acknowledgement of the Terms of Use or other applicable Agreement document, the modification, and agreement to abide and be bound by the Terms of Use or other applicable Agreement document, as amended. We encourage you to periodically review these Terms of Use. If at any time you choose not to accept these terms of use, including following any such modifications hereto, then you must stop using the site and the portal.
19.3 Entire Agreement
This Agreement and any supplemental terms, policies, rules and guidelines posted through the portal, including the Privacy Policy, Disclaimer, constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Swarna Shree Yantra to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19.4 Headings
The headings of the sections of this Agreement are for convenience only, do not form a part hereof, and in no way limit, define, describe, modify, interpret or construe the meaning, scope or intent of this Agreement or any terms or conditions therein.
19.5 Assignment
We may assign this contract at any time, including without limitation to any parent, subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign, transfer or sublicense this Agreement to anyone else and any attempt to do so in violation of this section shall be null and void.
19.6 Amendments To The Services
Swarna Shree Yantra may terminate, change, suspend or discontinue any aspect of this Website, including the availability of any features of the site or scheme at any time and without notice. Swarna Shree Yantra also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Swarna Shree Yantra may terminate the authorization, rights and license given above at any time and without notice. Your continued use of this Website after any changes to these terms are posted will be considered acceptance of those changes.
19.7 Force Majeure
We shall not be liable to the buyer or be deemed to be in breach of this Agreement by reason of any delay in performing or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond our reasonable control:
a) act of God, explosion;
b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
c) acts of restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental parliamentary or local authority;
d) import or export regulations or embargoes;
e) interruption of traffic, strikes, lock-outs, riots, other industrial actions or trade disputes (whether involving employees of Swarna Shree Yantra or of a third party);
f) interruption of production or operation, difficulties in obtaining raw materials labour fuel parts or machinery;
g) power failure or breakdown in machinery;
h) Internet failures, computer equipment or software failures, telecommunication failures, internet outage or downtime.
i) upon the happening of any one of the events set out in Condition (a) Swarna Shree Yantra may at its option:-
i) fully or partially suspend delivery/performance while such event or circumstances continues;
ii) terminate any Contract so affected with immediate effect by written notice to the Buyer and Swarna Shree Yantra shall not be liable for any loss or damage suffered by the Buyer as a result thereof.
19.8 Breaches Of These Terms And Conditions
Without prejudice to the User’s other rights under these terms and conditions, if you breach any of these terms and conditions in anyway, we may take such action as deemed appropriate to deal with the breach, including seeking of legal remedy, suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website and / or contacting your internet service provider to request that they block your access to the.
19.9 Governing Law
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Rajnandgaon.