OVERVIEW
These Terms of Service govern your use of our website and services provided through it. Throughout these terms, “we,” “us,” and “our” refer to Durga Creations. By accessing our site or purchasing products from us, you engage in our “Service” and agree to be bound by these Terms of Service.
Please read these terms carefully before using our website. If you do not agree to all the terms and conditions stated here, you may not access the website or use any services. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants and contributors of content.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you affirm that you are of legal age in your state or province of residence, or that you have given us consent to allow any minor dependents to use this site.
You agree not to use our products for any illegal or unauthorized purpose, nor violate any laws in your jurisdiction (including copyright laws).
Transmission of any worms or viruses or any code of a destructive nature is prohibited and may result in termination of your services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
Your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements. Credit card information is always encrypted during transfer over networks.
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from us.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We do our best to ensure information on our site is accurate, but we are not responsible if information is not accurate, complete, or current. You use the material on this site at your own risk and should consult primary sources for decision-making.
Certain historical information on the site may not be current and is provided for your reference. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information.
MODIFICATIONS TO THE SERVICE AND PRICES
Product prices are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part of it) without notice at any time.
We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Return Policy.
We make every effort to display as accurately as possible the colors and images of our products, but cannot guarantee your computer monitor’s display of any color will be accurate.
We reserve the right 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.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may limit or cancel quantities purchased per person, per household, or per order in our sole discretion.
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 email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, 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 may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies, or omissions related 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 is inaccurate at any time without prior notice.
PROHIBITED USES
You are not allowed to use the site or its content for unlawful purposes, to encourage illegal activities, or to violate any laws or regulations. You must not infringe upon our intellectual property rights or those of others, or engage in activities that harm, insult, or discriminate against others based on various attributes. It’s prohibited to provide false information, upload viruses, collect personal data, engage in spam or phishing, or interfere with the security of the Service or related websites.
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.
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 agree that using the service is solely at your own risk. The service, including all products and services delivered through it, is provided “as is” and “as available”. This means there are no guarantees, whether express or implied, including warranties of merchantability, fitness for a specific purpose, durability, title, and non-infringement.
In no event shall Durga Creations, along with our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, revenue, savings, data, or replacement costs, whether arising from contract, negligence, strict liability, or otherwise, related to your use of our services or products. This also covers any errors or omissions in our content, or any loss or damage incurred through the use or availability of our services or content (including products), even if we were advised of the potential for such damages.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Durga Creations 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
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 of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at dharu@durgacreations.com.