User Agreement
Please read this Agreement carefully before accessing or using this web site. In using Swayambhustore.com, you are deemed to have accepted the terms and conditions listed below. Swayambhustore.com, its consultants, authors and suppliers provide the information and services on this Site to you, the User, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of these Sites constitutes your agreement to all such terms, conditions and notices. Your use of the Site is also subject to the additional disclaimers and caveats that may appear throughout the Site. Swayambhustore.com, its consultants, authors and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, Services or other materials on this Site. While Swayambhustore.com strives to keep the information on this Site accurate, complete and up-to-date, Swayambhustore.com and its suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. Swayambhustore.com reserves the right to add, delete, alter or modify these terms and conditions at any time. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement. Swayambhustore.com may at its sole discretion also introduce new services and modify some or all of the existing services offered on the Site. In such an event Swayambhustore.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
USE OF THE SITE
Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution. You may access, download and print materials on this Site for your personal and non-commercial use. You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, make a replica, create derivative works from, frame in another web page, use on any other web site, transfer or sell any information, software, lists of Users, databases or other lists, products or Services obtained from this Site. No reproduction, circulation or transmission of the material on this site is permitted without prior written permission of Swayambhustore.com. You agree to provide true, accurate, current and complete information about yourself as prompted by Swayambhustore.com’s registration form (such information being the “Registration Data”) and to refrain from masquerading or falsely representing your affiliation with any person or entity. You also consent to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, Swayambhustore.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Swayambhustore.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site. Except with the prior written permission of Swayambhustore.com, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. You also affirm that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number is correct and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.
The information that you provide on Swayambhustore.com web site
1 shall not be untrue, incorrect and/or incomplete.
2 shall not be false, inaccurate or misleading;
3 shall not be fraudulent;
4 shall not infringe any third party’s intellectual property, trade secret or other proprietary rights or rights of publicity or privacy;
5 shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
6 shall not be obscene or contain pornography or contain an “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
7 shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
8 shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and
PROPRIETARY RIGHTS
All the material available on this site, including the organization and layout of the site, are owned and copyrighted or licensed and are exclusive property of Swayambhustore.com, its officials or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials on this site is permitted without prior written permission of Swayambhustore.com.
TRADEMARKS
Swayambhustore.com and other Swayambhustore.com logos, product and service names are trademarks owned by/licensed and are exclusive property of Swayambhustore.com, or its affiliates (hereinafter referred to as “Marks”). Without the prior written permission of Swayambhustore.com, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Site, you warrant to Swayambhustore.com that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, notices and any law currently in force. You may not use the Swayambhustore.com web site and/or its services in any manner which would cause inconvenience and/or damage, disable, overburden, or impair Swayambhustore.com or in any way interfere with any other party’s usage of Swayambhustore.com web site and/or its services. You may not attempt to gain unauthorized, unlawful and illegal access to Swayambhustore.com we site, other accounts, computer systems or networks connected to any Swayambhustore.com web site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Swayambhustore.com web site and/or services. If you violate any of these terms, your permission to use the Site automatically terminates and you may be subjected to criminal and civil liability.
ELIGIBILITY
Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site. You affirm that you are at least eighteen (18) years of age and possess the legal authority to enter into this agreement and to buy items and use any other Services offered on this Site in accordance with all terms and conditions herein. If you are a minor i.e. under the age of 18 years, you cannot register as a member of the Site and cannot purchase any items on the Site. If you wish to purchase an item on the Site, such purchase may be made by your legal guardian or parents who have registered as Users of the Site. Swayambhustore.com reserves the right to terminate your membership and refuse to provide you with access to the Site if Swayambhustore.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by Swayambhustore.com. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation, minors living with you). You agree and undertake to supervise and be responsible for all usage of minors of the Services under your name or account.
MEMBER ACCOUNT, PASSWORD AND SECURITY
If Swayambhustore.com web site and/or any service so requires the User will have to open an account, complete the registration process by providing current, complete and accurate information as prompted by the applicable registration form. The User then will choose a password and User name. You are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. The User agrees to notify Swayambhustore.com immediately of any unauthorized use of the account or any other breach of security. However, the User shall be held liable for losses incurred by Swayambhustore.com or another party due to someone else using the User’s account or password. The User may not use anyone else’s account at any time, without the prior written permission of the account holder. You may provide us with additional information like your name, email, address, postal address, contact details, etc. when you register with Swayambhustore.com. The said information may be used for the purpose of providing personalization and verification/corroboration.
The User agrees to provide authentic and true information. Swayambhustore.com reserves the right to confirm and validate the information and other details provided by the Customer at any point of time. If upon confirmation such User details are found not to be true (wholly or partly), Swayambhustore.com has the right in its sole discretion to reject the registration and debar the User from using the website and services of Swayambhustore.com and/or other affiliated websites without any prior intimation whatsoever. The User is required to maintain an promptly update the Registration Data to keep it true, accurate, current and complete from time to time.
LIABILITY DISCLAIMER
Swayambhustore.com or its suppliers shall, in no event be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the site and/or its services or this agreement. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act / omission. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
Swayambhustore.com undertakes no obligations for confidentiality of information provided by you and you would do so entirely at your sole risk. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Swayambhustore.com does not control or endorse the content, messages or information found in any Communication Service and, therefore, Swayambhustore.com specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Swayambhustore.com spokespersons, and their views do not necessarily reflect those of Swayambhustore.com. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
Swayambhustore.com shall not be responsible for any dealings with third parties (including advertisers) included within the Swayambhustore.com Site/Services or participation in promotions, including the delivery of and the payment for goods and Services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, as these dealings are solely between the User and the advertiser or other third party.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Swayambhustore.com, its parents, subsidiaries, affiliates and suppliers, officers and employees from any liability, loss, claim, demand, damage and expense (including attorneys’ reasonable fees) related to your violation of this Agreement and/or in connection with the use of the website and its services.
DISCLOSURE
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. We understand clearly that you and Your Information is one of our most important assets. We use third parties to verify and certify our privacy principles. If you object to your Information being transferred or used in this way please do not use the Site.
Swayambhustore.com reserves the right to disclose any personal information about you or your use of the Swayambhustore.com web site and/or its services, including its contents, without your prior permission if Swayambhustore.com has a good faith belief that such action is necessary to conform to legal requirements or comply with legal process, protect and defend the rights or property of Swayambhustore.com or its affiliated companies and act to protect the interests of its members or others.
Nothing contained in this Agreement is in derogation of Swayambhustore.com’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Swayambhustore.com web site or information provided to or gathered by Swayambhustore.com with respect to such use. Swayambhustore.com has the right in its sole discretion to edit, refuse to post or to remove any information or materials, in whole or in part.
PRODUCTS
All products are duly screened and assured to ensure that the products are of the standard, quality, composition, style or model that they represent. There may be variations in appearance, colors, weights and dimensions. The customer agrees to the variations and understands the nature of the variations and allows Swayambhustore.com to deliver a product which is similar to the product picture exhibited on the website.
Notwithstanding anything contained herein Swayambhustore.com shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Customers for the products. In no event shall Swayambhustore.com, its directors, officials, representatives and employees be liable for any damages relating to products sold through its various platforms.
PAYMENT OPTIONS
Charges displayed on the site are exclusively the cost of the product. The delivery charges/service charges shall to be totally borne by the purchaser. The service fee shall be additionally charged to the purchaser. In case the customer would like to pay using an alternate payment mode that is acceptable to us, the service fee for payment will be adjusted with the total payable amount for the order.
We accept payment through Credit Card or Demand Drafts. We accept all International and Indian Credit Cards. Customers using foreign and international cards should note that this online payment gateway accepts payments only in Indian Rupees. Therefore, the amount charged is the INR value of the product displayed on the site. Similarly for any applicable refunds the full INR amount which has been charged is refunded which is converted into US Dollars or any other foreign currency at the actual prevailing conversion rate. The difference if any in the refund and amount charged is due to the fluctuation of the conversion rate. In some cases where an international credit card has been used the Credit Card Issuing Company levies a transaction charge for any charge / refund issued. The applicable charge is decided by the issuing bank. Swayambhustore.com would refund only the amount charged in INR as displayed on the website. Swayambhustore.com is not responsible for any charge levied by the credit card issuing bank for the foreign transaction.
All prices and availability of products are subject to change without prior notice at the sole discretion of Swayambhustore.com.
Swayambhustore.com reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment been levied via credit card. In the event the payment has been processed by Swayambhustore.com the same shall be credited to your credit card account and duly notified to you by email.
In a credit card transaction, you must use your own credit card. Swayambhustore.com will not be liable for any credit card fraud. The liability to use a card fraudulently will be on the customer and the onus to ‘prove otherwise’ shall be exclusively on the customer.
DELIVERY
Swayambhustore.com shall arrange to deliver the goods/products through courier agency and usually dispatch the products in 2-3 days and approx 30-40 days in case of customised products. Swayambhustore.com shall, in no manner, be responsible for any damage or loss caused to the product during transit. Swayambhustore.com shall try to deliver the product on the ‘preferred date’. Please allow the minimum time required for processing as specified for the product. Time taken during transit/shipping in case it is delivered by courier is extra to the processing time displayed on the site. Delivery shall be made on the ‘preferred day’, or a day earlier or later if it coincides with a festival day or a national holiday. Delivery shall be made in the course of the day, and the customer agrees to refrain from requesting for deliveries at very early or late hours of the day. All attempts will be made to deliver on the preferred date of delivery but Swayambhustore.com will not be held liable if the delivery does not take place on the preferred date. Delivery during festival times will be made during the period as specified on the website and not necessarily on the preferred date as given by the customer. We Do Not deliver on Sundays and Public Holidays in India.
Any request for cancellations of orders once duly placed on the site, shall not be entertained
In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address) any extra cost incurred by Swayambhustore.com for redelivery shall be claimed from the Customer placing the order. The product will be returned to the Swayambhustore.com office in Mumbai. In the event of no one being at home, every genuine effort shall be made to a re-delivery. In the unlikely event the product is unable to be delivered due to no one being at home we will return the goods to the Swayambhustore.com office in Mumbai. The customer will be informed. The goods will be held for 15 days at the office, redelivery to an alternate address can be requested within this period at an additional delivery charge. No refunds will be given to the customer. The only exception will be if the value of the product exceeds Rs.2000, a cancellation charge of 25% will apply and the balance returned to the customer.
Swayambhustore.com shall not be liable for any delay / non-delivery of purchased goods due to flood, fire, wars, acts of God or any cause that is beyond the control of Swayambhustore.com.
Incase of purchase of product which is marked as “non-exportable” on the site, you agree that it shall not exported out of India or otherwise dealt in any such manner which shall be in contravention of any law for the time being in force or any rules, regulations, notifications and orders passed there under.
REQUEST QUOTE
If the User/Purchaser desires to buy products personalized to his needs or if a User/Purchaser desires to purchase in bulk, he may request Swayambhustore.com for a price quote. Swayambhustore.com may then consider his offer and give him the quotation. However, it is solely at the discretion of Swayambhustore.com to receive requests for quotes or give quotations.
FEE & SERVICES
Membership on the Site is free. Swayambhustore.com does not charge any fee for browsing and buying on the Site. However, Swayambhustore.com reserves the right to change its Fee Charging and Credit policies from time to time. In particular, Swayambhustore.com may at its sole discretion introduce new services and modify some or all of the existing services offered on the Site. In such an event Swayambhustore.com reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Charging and Credit policies shall be posted on the Site and such changes shall automatically become effective immediately after they are posted on the Site.
Unless otherwise stated, all fees shall be quoted in Indian Rupees. You are responsible for paying all fees associated with the use of the Site and you agree to bear any and all applicable taxes, charges, cess etc. levied thereon. Swayambhustore.com reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership and refuse to provide you with access to the Site in case of non-payment of fees by you to Swayambhustore.com. Swayambhustore.com also reserves the right to take legal action in case of non-payment of fees by you to Swayambhustore.com.
NEWSLETTERS
E-mail addresses submitted by members are used by Swayambhustore.com when sending newsletters. Swayambhustore.com sends periodical newsletters to its registered Users. The concerned may disable the function or inform Swayambhustore.com if he does not wish to receive the periodical newsletter.
OTHER SERVICES
Swayambhustore.com offers many other services such as Zodiac Signs / Horoscope / Color Therapy / Alphabets / Chinese Astrology. The same shall only be indicative in nature and no reliance whatsoever shall be placed on the said Services. Swayambhustore.com would not be held responsible for any consequences the User has to face in lieu of the Services. Certain sections in Swayambhustore.com are purely informative in nature, for example, Festivals of India. Utmost care is taken to keep the information contained accurate there under, but since the information is of religious character there may be certain discrepancies. Swayambhustore.com is, in no way, responsible for such discrepancies.
USE OF SERVICES
The Swayambhustore.com web site and its services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, horoscopes, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with other registered users (hereinafter referred to as , “Communication Services”). Swayambhustore.com has no obligation to monitor the Communication Services. However, Swayambhustore.com reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Swayambhustore.com reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
While using the Communication Service you concur that you will not:
a Make public, post, upload, distribute or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
b Defame, abuse, harass, stalk, threaten or otherwise violate/adversely affect the rights (such as rights of privacy and publicity) of other Users.
c Make use of Communication Service in connection with commercial or other services such as surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages.
d Upload files that contain material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
e Upload files that contain viruses, corrupted files, or any other analogous software or programs that may damage the operation of another’s computer or property of another or in any manner interfere with the freedom of the other Users.
f Conduct any business activity such as advertising or offer to sell or buy any goods or services unless such Communication Service specifically allows such messages.
g Download any file posted by another User of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
h Restrict or inhibit or in any manner hamper the freedom of any other User from using and enjoying the Communication Services.
i Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
j Reap, gather, harvest or in any manner collect information about other Users, including e-mail addresses.
k Violate any applicable laws or regulations.
l Create a false identity or reveal any false information which would in any manner mislead others.
m Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of an Swayambhustore.com website and/or any of its services or other User or usage information or any portion thereof.
n conduct any activity which is immoral or unlawful.
PREVIOUS AGREEMENTS
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services if Swayambhustore.com you agree to be bound by these Terms and Conditions.
CAVEAT
Swayambhustore.com does not undertake any responsibility regarding the confidentiality of information provided by you. The same shall be entirely at your own risk as to its consequences. Kindly exercise caution while disclosing/ giving out any personally identifying information. Swayambhustore.com does not, in any manner, confirm or approve the content, messages or information found in any Communication Service. Any material uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or distribution, you are totally responsible for adhering to such limitations if you download any material. Swayambhustore.com explicitly disclaims any liability with regard to the Communication services.
MATERIALS PROVIDED TO Swayambhustore.com OR POSTED AT ANY Swayambhustore.com’s SITE
Swayambhustore.com welcomes feedback and suggestions from the Users. By posting, uploading, inputting, providing or submitting your feedback and submission you are granting Swayambhustore.com, its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, translate and reformat your Submission; and to publish your name in connection with your Submission. Swayambhustore.com is under no obligation to post or use any Submission you may provide and Swayambhustore.com may remove any Submission at any time in its sole discretion.
GENERAL TERMS AND CONDITIONS
Swayambhustore.com shall provide the Services / merchandise only after the receipt of 100% payment in advance.
After receipt of advance payment, if any of the services offered by Swayambhustore.com could not be undertaken for reasons not attributable to the User, the advance payment would be refunded to the User, subject to any law which may govern such transfer of money. No refund will be permissible if the Services contracted could not be conducted for reasons attributable to the User.
Swayambhustore.com does not guarantee and shall not be responsible for the accuracy of predictions/readings. Swayambhustore.com passes on all predictions/readings of the astrologers/tarot card readers and their recommendations to the Users with the best of intentions. Swayambhustore.com does not accept any liability whatsoever on account of the predictions/readings except to the extent of passing on these predictions/readings to the User.
Any liability on Swayambhustore.com on any account shall be restricted to the value of the service/product in question. Swayambhustore.com shall not be responsible for any loss/claim/damage whatsoever beyond this value.
Prices quoted by Swayambhustore.com for various Services/merchandise include expenses incurred by Swayambhustore.com for procuring the Services/merchandise, bank transaction charges, communication charges, courier charges etc., except where it is indicated otherwise.
Swayambhustore.com reserves the right to revise the prices at any time at its sole discretion without any notice. However, the User would be liable to pay only at the prices prevailing at the time of acceptance of his order by Swayambhustore.com.
GOVERNING LAW
This Agreement shall be governed by, interpreted, and enforced in accordance with the substantive laws of India and disputes arising in respect hereto shall be subject to the exclusive jurisdiction of the relevant courts of Mumbai.
ARBITRATION
If any dispute arises between you and Swayambhustore.com during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by Swayambhustore.com. The place of arbitration shall be Mumbai. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.