TERMS AND CONDITIONS
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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This website is owned and operated by Sneha Bhosale as SnehaColoursoft. The terms, references to "you", "user" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us",“our”, “SnehaColoursoft”, and “snehacoloursoft.com” shall mean Sneha Bhosale as SnehaColoursoft and its affiliates. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. SnehaColoursoft at its sole discretion reserves the right not to accept a user from registering on the Website without assigning any reason thereof.
This website offers visitors platform to buy physical products like Art Prints and digital products like Seamless Patterns. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms
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If you do not want to be bound by the Terms, you must not subscribe to or use our services. We understand and respect a user's anonymity and do not ever request that a user reveal their identity without their explicit permission.
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SnehaColoursoft will alert you that changes or revisions have been made via your registered email id with the website. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. SnehaColoursoft encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with SnehaColoursoft for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
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Eligibility
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In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you
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Products: Physical items and Digital items
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When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. SnehaColoursoft does not have GSTIN number as of dated now. Hence, any taxes applicable as per your country of law have to be paid on your end. If you purchase any Products, you will be responsible for paying any applicable sales tax
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Proprietary Rights. SnehaColoursoft has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by SnehaColoursoft.
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Digital Products: Please read the entire T & C and Licensing information here.
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Website
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Content; Intellectual Property; Third Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites.
The Service and all materials therein or transferred thereby, including, without limitation, images, text, graphics, logos, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of SnehaColoursoft.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
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Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use unless stated.
Third-party
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Any links to third-party websites are provided solely as a convenience to you.SnehaColoursoft does not endorse the contents on any such third-party websites. SnehaColoursoft is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
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Use of Website
SnehaColoursoft is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from SnehaColoursoft or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant SnehaColoursoft a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. SnehaColoursoft does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. SnehaColoursoft is not liable for any damage or harm resulting from any posts by or interactions between users. SnehaColoursoft reserves the right, but has no obligation, to monitor interactions between and among users of the Website.
The Website is developed using Wix and hosted by GoDaddy.
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Disclaimer Of Warranties/Limitation Of Liability
SnehaColoursoft endeavors to ensure that all the information on the Website is correct, but SnehaColoursoft neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, Product or Service. In no event shall SnehaColoursoft be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages or losses resulting from: (a) the use or the inability to use the Services or Products; (b) unauthorized access to or alteration of the user's transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, loss through logistics, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall SnehaColoursoft be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, SnehaColoursoft shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond SnehaColoursoft's control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data
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Indemnification
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You will release, indemnify, defend and hold harmless SnehaColoursoft, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to SnehaColoursoft. When [SnehaColoursoft] is threatened with suit or sued by a third party, SnehaColoursoft may seek written assurances from you concerning your promise to indemnify SnehaColoursoft; your failure to provide such assurances may be considered by SnehaColoursoft to be a material breach of this Agreement. SnehaColoursoft will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of SnehaColoursoft choice at its expense. SnehaColoursoft will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend SnehaColoursoft against any claim, but you must receive SnehaColoursoft prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
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Privacy
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SnehaColoursoft believes strongly in protecting user privacy. Please refer to SnehaColoursoft's privacy policy, incorporated by reference herein, that is posted on the Website.
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Agreement to be bound
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By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
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Pricing
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Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products and Services may change at SnehaColoursoft's discretion.
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Shipping
Shipping of ordered items will be delivered within 7-10 working days. Title and risk of loss for all products ordered by you, returned to you, or sent by you, shall pass on to you upon SnehaColoursoft's shipment to the shipping carrier.
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Force Majeure
SnehaColoursoft will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. SnehaColoursoft may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and SnehaColoursoft and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of SnehaColoursoft to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
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Right to change and modify Terms
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SnehaColoursoft reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.
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Promotional emails and content
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You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time
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Governing Law
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These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Pune, Maharashtra, India. Neither you nor SnehaColoursoft will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in Pune. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
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Arbitration
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If any dispute arises between you and SnehaColoursoft during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by reference, the dispute shall be referred to a sole Arbitrator who shall be an independent and neutral third party identified by the SnehaColoursoft. The place of arbitration shall be Pune. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language
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Statute of Limitation.
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You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
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Termination
SnehaColoursoft reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and SnehaColoursoft may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, SnehaColoursoft reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until SnehaColoursoft chooses, in its sole discretion and without advance to you, to terminate it.
If you or SnehaColoursoft terminates your use of the Website or any Service, SnehaColoursoft may delete any content or other materials relating to your use of the Service and SnehaColoursoft will have no liability to you or any third party for doing so.
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International Users
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Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment.
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You may not assign your rights and obligations under this Agreement to anyone. SnehaColoursoft may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
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Customer support details & contact info
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As per these Terms, users are solely responsible for every material or content uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. or Questions about the Terms of Service should be sent to us via the contact form
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BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE
TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.