TERMS OF SERVICE
OVERVIEW
This website is operated by Mypulse.io Private Limited. Throughout the site, the terms “we”, “us” and “our”refer toMypulse.io Private Limited. Mypulse.io Private Limitedoffersthis website, including all information,tools and services available from this site to you,the user, conditioned upon your acceptance of all terms,conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to bebound by the following terms and conditions (“Terms of Service”,“Terms”), including those additional termsand conditions and policies referenced herein and/or available by hyperlink. These Terms of Service applyto all users of the site, including without limitation users who are browsers, vendors, customers,merchants,and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or usingany part of the site, you agree to be bound by these Terms ofService. If you do not agree to all the termsand conditions of this agreement, then you may not access the website or use any services. If these Termsof Service areconsidered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service.You can review the most current version of the Terms of Service at any time on this page. We reserve theright to update, change or replace any part ofthese Terms of Service by posting updates and/or changes toour website. It is yourresponsibility to check this page periodically for changes. Your continued use of oraccess to the website following the posting of any changes constitutes acceptance ofthose changes.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your stateor province of residence, or that you are the age of majority inyour state or province of residence and youhave given us your consent to allow any ofyour minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service,violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may betransferred unencryptedand involve (a) transmissions over various networks; and (b) changes to conform and adapt to technicalrequirements of connecting networks ordevices. Credit card information is always encrypted during transferover networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of theService, or access to the Service or any contact on the website through which the service is provided,without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affectthese Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. Thematerial on this site is provided for general information only and should not be relied upon or used as thesole basis for making decisions withoutconsulting primary, more accurate, more complete or more timelysources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and isprovided for your reference only. We reserve the right to modifythe contents of this site at any time, but wehave no obligation to update any information on our site. You agree that it is your responsibility to monitorchanges to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part orcontent thereof) withoutnotice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension ordiscontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website.These products orservices may have limited quantities and are subject to return or exchange only according to our ReturnPolicy.
We have made every effort to display as accurately as possible the colors and images of our products thatappear at the store. We cannot guarantee that your computer monitor’s display of any color 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 rightto limit the quantities of any products or services that we offer. All descriptions of products or product pricingare subject to change at anytime without notice, at the sole discretion of us. We reserve the right todiscontinue any product at any time. Any offer for any product or service made on this site is void whereprohibited.
We do not warrant that the quality of any products, services, information, or othermaterial purchased orobtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our solediscretion, limit or cancelquantities purchased per person, per household or per order. These restrictions may include orders placedby or under the same customer account, the same credit card, and/or orders that use the same billingand/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notifyyou by contacting the e-mail and/or billing address/phone number provided at the time theorder 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 informationfor all purchasesmade at our store. You agree to promptly update your account and other information, including your emailaddress and credit card numbers and expirationdates, so that we can complete your transactions andcontact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor norhave any control norinput.
You acknowledge and agree that we provide access to such tools ”as is” and “asavailable” without anywarranties, representations or conditions of any kind and without any endorsement. We shall have noliability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk anddiscretion and youshould ensure that you are familiar with and approve of the terms onwhich tools are provided by therelevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website(including, the release ofnew tools and resources). Such new features and/or servicesshall also be subject to these Terms ofService.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are notresponsible for examining or evaluating the content or accuracy and we do not warrant and will not have anyliability or responsibility for any third-party materials or websites, or for any other materials, products, orservices of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources,content, or any other transactions made in connection with any third-party websites. Please review carefullythe third-party’s policies and practices and make sure you understand them before you engage in anytransaction. Complaints,claims, concerns, or questions regarding third-party products should be directed tothe third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a requestfrom 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, withoutrestriction, edit, copy, publish,distribute, translate and otherwise use in any medium any comments that youforward to us. We are and shall be under no obligation (1) to maintain any comments inconfidence; (2) topay 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 determinein our sole discretionare unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionableor violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, includingcopyright, trademark,privacy, personality or other personal or proprietary right. You further agree that your comments will notcontain libelous or otherwise unlawful,abusive or obscene material, or contain any computer virus or othermalware that could in any way affect the operation of the Service or any related website. You may not use afalse e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties asto 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.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that containstypographical errors,inaccuracies or omissions that may relate to product descriptions,pricing, promotions, offers, productshipping charges, transit times and availability. Wereserve the right to correct any errors, inaccuracies oromissions, and to change or updateinformation or cancel orders if any information in the Service or on anyrelated website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on anyrelated website,including without limitation, pricing information, except as required by law.No specified update or refreshdate applied in the Service or on any related website, shouldbe taken to indicate that all information in theService or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibitedfrom using the site orits content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c)to violate any international, federal, provincial or state regulations, rules, laws, or localordinances; (d) toinfringe upon orviolate our intellectual property rights or the intellectual property rights of others; (e) toharass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexualorientation, religion, ethnicity, race, age, national origin, or disability;(f) to submit false or misleadinginformation; (g) to upload or transmit viruses or anyother type of malicious code that will or may be used inany way that will affect thefunctionality or operation of the Service or of any related website, other websites,orthe 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) tointerfere with or circumvent thesecurity features of the Service or any related website,other websites, or the Internet. We reserve the rightto terminate your use of theService or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secureor error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate orreliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel theservice 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 allproducts 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, eitherexpress or implied, including all implied warranties or conditions of merchantability, merchantable quality,
fitness for a particular purpose, durability, title, and non-infringement.
In no case shallMypulse.io Private Limited, our directors, officers, employees, affiliates, agents, contractors,interns, suppliers, service providers or licensors be liable for anyinjury, loss, claim, or any direct, indirect,incidental, punitive, special, or consequentialdamages of any kind, including, without limitation lost profits,lost revenue, lost savings,loss of data, replacement costs, or any similar damages, whether based incontract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service orany products procured using the service, or for any other claim related in any way to your use of the serviceor any product, including, but not limited to, any errors oromissions in any content, or any loss or damage ofany kind incurred as a result of theuse of the service or any content (or product) posted, transmitted, orotherwise madeavailable via the service, even if advised of their possibility. Because some states orjurisdictions do not allow the exclusion or the limitation of liability for consequential orincidental damages, insuch states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmlessMypulse.io Private Limitedand ourparent, 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 orarising out of your breach of these Terms of Service or the documentsthey incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void orunenforceable, such provision shall nonetheless be enforceable to the fullest extentpermitted by applicablelaw, and the unenforceable portion shall be deemed to be severedfrom these Terms of Service, suchdetermination shall not affect the validity andenforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survivethetermination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. Youmay terminatethese Terms of Service at any time by notifying us that you no longer wish to use our Services, or when youcease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any termor provision ofthese Terms of Service, we also may terminate this agreement at any timewithout notice and you willremain liable for all amounts due up to and including the date oftermination; and/or accordingly may denyyou access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute awaiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or inrespect to TheService constitutes the entire agreement and understanding between you andus and govern your use of theService, superseding any prior orcontemporaneousagreements, communications and proposals, whetheroral or written, between you and us(including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construedagainst the draftingparty.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Servicesshall be governedby and construed in accordance with the laws of India and jurisdiction ofJaipur, Rajasthan
SECTION 19 – 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 Serviceby posting updates and changes to our website. It is your responsibility tocheck our website periodically forchanges. Your continued use of or access to our websiteor the Service following the posting of any changesto these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at contactus@mypulse.io
