TERMS OF USE

INTRODUCTION

This website, i.e. https://www.shaya.in (“Website”) is operated by Shaya Incense & Fragrances, a company incorporated and existing under applicable laws and having its registered office at Pune (hereinafter referred as “Shaya” or “us” or “we” or “our”). These Terms (as defined below) were updated as on 06/20/2024. These terms of use (“Terms”) govern the terms of usage of our Website. These Terms constitute an electronic document published in accordance with the provisions of the Information Technology Act, 2000 (“Act”) and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (“Rules”), as amended from time to time.

GENERAL

You can determine when these Terms were last revised by referring to the date at the top of these Terms. Shaya reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Website, you agree that you are using the Website solely at your discretion and in no way did Shaya induce or invite or solicit you to visit our Website. You should not modify or edit or alter or use any content from the Website in any manner to hamper the position of Shaya.

ELIGIBILITY AND CONSENT

By accessing the Website, the user(s), or the parent or legal guardian of the user(s) who are Minors (as defined below), as the case may be (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.

If the Users are minors, i.e. under the age of 18 (eighteen) years (“Minors”), such Minors must use the Website under the supervision of a parent or a legal guardian who agree to be bound by the Terms. It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.

USE OF WEBSITE

Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Website, which allows you to access and use the Website on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Website on the Devices solely for your own personal and non-commercial use.

Website: The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices. The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above. The contents of the Website are best viewed with the latest version of Adobe Flash Player. Shaya’s Website is compatible only with the above-mentioned software’s or programs. Shaya shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by Shaya or those instruments that may be purchased from any third-party which are not compatible with Shaya’s Website. Further, Shaya reserves the right to upgrade its Website from time to time to provide its service in the best possible manner.

Third-Party Links: The Website may contain links to websites or applications offered by third parties (“Third-Party Sites”). We don’t control or promote Third-Party Sites. Your use of any Third-Party Sites is entirely at your own risk and we are not responsible for any of the consequences faced by you for using these Third-Party Sites. We are not responsible for the practices employed by any websites or service linked to or from our Website, including the information or content contained within them. Shaya does not make any representations concerning the privacy practices or policies or terms of use of such Third-Party Sites, nor does it control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, promotional advertisements or other materials available on such Third-Party Sites. The inclusion or exclusion does not imply any endorsement by Shaya of the Third-Party Sites, the Third-Party Sites’ provider, or the information on such Third-Party Sites.

Our Website may contain third-party content which may have opinions and views from the person. Shaya shall not be responsible for such opinions or any claims resulting from them. Such contents from the third-party have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third-party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third-party shall continue to vest with such party and you agree and acknowledge that Shaya shall not be liable and in no way be held responsible for any claims arising therefrom.

You hereby agree that Shaya has the right to change, modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website as it deems fit at any time without notice. Shaya makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that Shaya shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Website.

Your Account: The User will have to register with Shaya in order to access certain services or areas of the Website. With respect to any such registration, we may refuse to grant to you the User-name you request. Your User name and password are for your personal use only. It shall be the sole responsibility of the User to maintain the confidentiality of their account, password, and to prevent unauthorized access. In furtherance to the foregoing, any User who wishes to modify the details of his/her account can do so by clicking on the ‘Your Account’ section on the Website. Lastly, the User acknowledges that they are using their account only for the purpose of placing orders of the products listed on our Website.

MODE OF PAYMENT

Payment for the products available on the Website may be made by availing any of the following options (“Payment Methods”):

  • Payments can be made by Credit Card/Debit Card/Paypal/Wallet/Net Banking/UPI/third-party payment gateways.
  • Credit Card, Debit Card, UPI, Net banking payment, and third-party payment gateways options are recommended to ensure faster processing of your order.
  • Cash on delivery option is not available for any products available on the Website.

The User understands that the User may incur certain fees or charges on such payment methods. Shaya processes such payments through trusted and secured third-party payment gateways to ensure the safety of the transaction. Shaya does not save your financial information such as debit card/credit card information among others. Such information is saved by the third-party payment gateways and is handled as per their own terms of service and privacy policy.

While availing any of the Payment Methods on the Website, we will not be responsible, whatsoever in any respect of any loss or damage arising to you directly or indirectly due to:

  • Lack of authorization for any transaction; or
  • Any payment issues arising out of the transactions; or
  • Decline of transaction for any other reasons.

The payment facility is merely provided by Shaya to facilitate the completion of the transaction. The mere use of payment facility shall not render Shaya liable for the non-delivery, non-payment, damage, breach of representations and warranties, or fraud as regards to the products listed on Shaya’s Website. The User accepts and agrees that the payment facility provided by Shaya is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment facility.

TRANSACTIONS

User Transactions: If you wish to purchase any product made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including but not limited to, your payment details (such as your payment card number and expiration date), billing address, and shipping information).

By submitting such information, you grant to Shaya the right to provide such information to third parties for purposes of facilitating the completion of the Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Website does not imply or warrant that these products will be available in stock at all times for purchase.

It is your responsibility to ascertain and obey all applicable local, state, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product purchased from our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.

Shaya reserves the right, with or without prior notice, to do any one or more of the following:

  • Limit the available quantity of or discontinue any product;
  • Impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion;
  • Bar any User from making or completing any or all Transaction(s); and
  • Refuse to provide any User with any product.

You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including but not limited to all shipping and handling charges, taxes.

Shaya or our agents may call or message regarding your account or Transaction(s). You agree that we may place such calls or messages using an automatic dialling/announcing device. You agree that we may make such calls or messages to a mobile or other phones number that you provide, even if that number is registered on a corporate, state, or national do not call registry.

Delivery: It is Shaya’s endeavor to provide the best customer experience for our Users and we ensure the delivery of the product within a period of maximum 7 working days from the date of the placing of order or the time period mentioned in the description of the product whichever is later, subject to the occurrence of any force majeure events.

Delivery times are affected by product availability, your shipping destination, and the courier partner's time-to-deliver in your location. At the time of placing the order, you will see the expected delivery time and date based on your shipping address. However, the actual delivery time may vary.

You agree and acknowledge that the title and risk of the products purchased by you shall pass on to you upon the delivery of the products.

You agree and acknowledge that Shaya shall not be held liable for any delay in delivery of products due to customs clearance or force majeure events. You agree and acknowledge that you are responsible for the payment of any customs duties, levies, or taxes that may be imposed on the products purchased by you.

USE RESTRICTIONS

You agree that you will not:

  • Use the Website for any purpose that is illegal, unlawful or prohibited by these Terms.
  • Use the Website in any manner that could damage, disable, overburden, or impair any Shaya server or the networks connected to any Shaya server.
  • Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website.
  • Attempt to gain unauthorized access to any portion of the Website, other accounts, computer systems, or networks connected to any Shaya server or to any of the services offered on or through the Website, by hacking, password mining, or any other illegitimate means.
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
  • Use the Website to publish, post, distribute, disseminate, or upload any unlawful, inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Use the Website to send, post or publish any message or material that promotes illegal activity, hatred, violence, or discrimination.
  • Use the Website to harvest or collect e-mail addresses or other contact information of other Users.
  • Use the Website to publish, post, distribute, disseminate or upload any virus, malware, Trojan horses, worms, spyware, adware, ransomware, or any other malicious or harmful code or software.
  • Use the Website to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, unless such Website specifically allows such messages or transactions.
  • Use the Website to interfere with any other User’s use and enjoyment of the Website.

Shaya reserves the right to monitor and record the User’s activity on the Website to ensure compliance with these Terms.

INTELLECTUAL PROPERTY

All contents of the Website including without limitation, the trademarks, service marks, logos, designs, text, images, graphics, audio, video, data, software, codes, algorithms, and any other materials, whether tangible or intangible (“Content”), are the property of Shaya or its affiliates or licensors and are protected by the applicable intellectual property laws.

You agree that the Content is owned by Shaya or its licensors and you do not acquire any rights, title, or interest in the Content. You may not use, copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit the Content for any purposes without the prior written consent of Shaya.

All rights not expressly granted herein are reserved by Shaya.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Shaya and its affiliates, licensors, officers, directors, employees, agents, contractors, and suppliers from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorney's fees) arising out of or in any way connected with your access to or use of the Website, your violation of these Terms, or your violation of any rights of any third-party.

DISCLAIMER

To the fullest extent permissible under applicable law, the Website and all content, materials, products, services, and user-generated content made available through the Website are provided on an "as is," "as available," and "with all faults" basis, without any warranties or representations of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, accuracy, or completeness.

Shaya does not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components. Shaya does not warrant or make any representations regarding the use or the results of the use of the Website in terms of its correctness, accuracy, reliability, or otherwise.

LIMITATION OF LIABILITY

To the fullest extent permissible under applicable law, in no event shall Shaya or its affiliates, licensors, officers, directors, employees, agents, contractors, or suppliers be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to, damages for loss of profits, revenue, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Website, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Shaya has been advised of the possibility of such damages.

TERMINATION

Shaya reserves the right to terminate your access to and use of the Website at any time, without notice and without liability, if we believe in our sole discretion that you have violated these Terms or any applicable law, rule, or regulation, or for any other reason or no reason.

MISCELLANEOUS

These Terms constitute the entire agreement between you and Shaya with respect to your access to and use of the Website and supersede all prior or contemporaneous communications, whether electronic, oral, or written, between you and Shaya with respect to the Website.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Shaya's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

You agree that any claim or cause of action arising out of or related to your use of the Website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of [City], India.

CONTACT US

If you have any questions or concerns about these Terms, please contact us at:

Shaya Incense & Fragrances

Email: info@shaya.in

Phone: +91-8484982804