This website https://sarivaa.com has its registered office at C-110 Kanakia Park 2, Thakur Complex,Kandivali (East), Mumbai-400101,Maharashtra, India. By accessing any version of the website https://sarivaa.com (“Website”) or by purchasing any product through this Website or by using any facilities or services made available through it or by transacting through or on it, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions (“Terms & Conditions” or “Terms”). Your continued use of the Website shall be constituted as your acceptance to the Terms & Conditions. For the purpose of these Terms & Conditions, “we” “our” or “us” shall mean the Sarivaa and / or third-party service providers engaged by Sarivaa and “you” “your” shall mean an User of this Website.
Please read these Terms & Conditions carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms & Conditions. If you do not agree to all the terms and conditions set out herein, then you may not access the Website or use any services.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
- MODIFICATIONS / UPDATES TO TERMS & CONDITIONS
We reserve the right to update or modify these Terms & Conditions at any time without prior notice. Your access and use of the Website following any such change constitutes your agreement to follow and be bound by these Terms & Conditions, as updated or modified. For this reason, we encourage you to review these Terms & Conditions each time you access and use the Website.
- You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms & Conditions. You shall not access and use the Website if you are not competent to contract under the Applicable laws, rules and regulations.
- If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Website and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as may require in connection therewith.
- WEBSITE AVAILABILITY
- We may suspend the website for any reason whatsoever, including but not limited to repairs, planned maintenance or upgrades, and shall not be liable to you for any such suspension.
- We reserve the right to make any changes to the website or to discontinue any aspect or feature of the website without notice.
- In the event that we, in our sole discretion, consider that you are making any illegal and/or unauthorized use of the website, and/or your use of the website is in breach of these terms, we reserve the right to take any action that it deems necessary, including terminating your use of the website without notice and, in the case of illegal use, instigating legal proceedings.
- ORDER AND DISPATCH
- A final and binding contract has been concluded between you and us when your order has been confirmed by us.
- We will send an order confirmation to you by email when the order has been confirmed and shipped. The order receipt received immediately after placing the order does not constitute an order confirmation.
- Once we receive payment from you, we will send you an email confirming the receipt of your payment and also confirm the dispatch of your order.
- We have the right to cancel any order and refund your payment any time before the dispatch of an order due to non-availability of product or otherwise.
- Shipping and delivery of the orders placed by you shall be as per the Shipping Policy as stated on the Website.
- Cancellation of any order by you and the subsequent refund, if any, shall be as per the Refunds and Cancellation Policy stated on the Website.
- All prices listed on our website are subject to change, but the changes will not affect orders that have already been accepted by us.
- The prices on our website exclude GST and shipping costs, which will be added during checkout.
- The prices of our products have been computed carefully and listed on our website. However, due to unintentional errors, if the product purchased by you has been incorrectly priced, we will notify you via email or phone before accepting your order for instructions. You will then have the option to cancel your order if you desire or pay the difference.
- You can complete the payment via any of the payment methods listed on the Website including but not limited to debit card, credit card, UPI etc.
- We reserve the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.
- In a credit card transaction, you must use your own credit card. We accept all major credit and debit cards. We will not be liable for any credit card fraud. The liability to use a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
- 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.
- ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
- INTELLECTUAL PROPERTY
- All of the content on the Website, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, reports generated, trademarks, tradenames (“Website Content”), constitute our and our licensors’ intellectual property. Copyright laws in all applicable jurisdictions protect the Website and the Website Content.
- You may access the Website, avail of the features and facilities and utilize the Website Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the Website Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular Website Content, you could contact us in the manner provided for herein.
- We and our licensors, if any, are the sole owners of the underlying software and source code associated with the Website and all the trademarks, copyright and any other intellectual property rights of any nature in the Website.
- ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- We are not responsible if information made available on this Website is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
- This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
- Occasionally there may be information on our Website or in the Terms & Conditions that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- YOUR ACCOUNT, PASSCODE & SECURITY
You are responsible for maintaining the confidentiality of the passcode and your account (“Account”) and are fully responsible for all activities that occur under your passcode or Account. You agree to: (a) immediately notify us of any unauthorized use of your passcode or Account or any other breach of security; and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.
- THIRD-PARTY LINKS
We do not intend that links / URLs contained on this Website re-directing you to third party websites be considered as referrals to, endorsements of, or affiliations with any such third-party website operators. We are not responsible for, and makes no representations or warranties, express or implied, about the content or information contained on such third-party websites to which links may be provided on this Website
- 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, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms & Conditions.
- You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous 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.
- 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 of time 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.
- You agree that neither Sarivaanor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the product or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of your transmissions or/and data or/and arising from any other matter relating to the product/service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Sarivaa has been advised of the possibility of such damages.
- You further agree that we shall not be liable for any damages arising from interruption, suspension or termination of the sales of its products, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.
- You agree that we shall not be responsible or liable to you, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Our total liability to You for all damages or/and losses or/and causes of action exceed the amount paid by the you to us, if any, that is related to the cause of action.
- PROHIBITED USES
In addition to other prohibitions as set forth in the Terms & Conditions, 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 applicable 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 Website or of 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 for violating any of the prohibited uses.
- Personal Information
- Entire Agreement
These Terms & Conditions constitute the sole record of the agreement between you and us in relation to your use of the website. Neither you nor we shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these Terms & Conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of your use of the website.
No indulgence or extension of time which either we may grant to you constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that we have signed a written document expressly waiving or limiting such rights.
We shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant Terms & Conditions, policies and notices to any third party.
You agree to indemnify, defend and hold harmless Sarivaa Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms & Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- These Terms & Conditions are effective unless and until terminated by either you or us.
- You may terminate these Terms & Conditions at any time by notifying us that you no longer wish to use our Website, or when you cease using our site.
- If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms & Conditions, 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 Website (or any part thereof).
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of India without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the courts of Mumbai, Maharashtra, India in respect of any disputes arising in connection with the Website, or Terms & Conditions or any matter related to or in connection therewith.
- Contact Information
Questions about the Terms & Conditions should be sent to us at firstname.lastname@example.org