Privacy Notice

OVERVIEW

 

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.

 

This Terms of Service Agreement (the “Agreement”) governs your use of  www.aquaprase.com (the “website”)

This website is operated by Guman Impex Pvt Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Guman Impex Pvt Ltd. We offer this 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 be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms & conditions, working policies carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms & conditions are considered an offer, acceptance is expressly limited to these Terms & conditions.

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 the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

If you would like to print this Agreement, please click the print button on your browser toolbar.

WORKING POLICY

 

PRODUCT AUTHENTICITY AND CERTIFICATION

We verify and update all the required information while listing every product so unless otherwise stated in the listing, all products are 100% natural, earth mined, non-treated and inspected by the internal quality control team. 

We always stand for the product quality offered on our site.  If required, we can provide certification for the products we supply at an additional cost, by an approved Gem Testing Laboratory kindly send the request once the order is placed.

Aquaprase™  is available in 2 basic grades- The matrix(candy) material and non-matrix blue green material.

Please note the following aspects will have to be accepted while purchasing the candy matrix material.

  • In matrix material patterns  are very delicate and offer come with joints in the stone formation where 2-3 colors merge and which makes the pattern unique.
  • We are not using any epoxy/filler to treat the stones.
  • There has to be an acceptance on slight pinholes/druzy.
  • The patterns are unique and can never be replicated and there is no way we can repeat that.

PRODUCT AVAILABILITY

In-Stock-All items shown as ‘In-Stock’ indicates that the items are readily available with us in our facility and ready for immediate shipping. All Orders under this are processed within 2-3 working days.

Custom Order

An order is considered as ‘Custom Order’ if the requirement is sized outside of our sizing standards or is altered in any way. When any piece requested, is to be custom made that is not shown or offered on Aquaprase.com  is considered as a custom order. The order processing time depends upon the quantity of the order and other factors which are dealt separately.

You can email your requirements at info@aquaprase.com for custom order request

PAYMENT

We offer various flexible and convenient method of payments listed below: 

Credit Card
We accept all major Credit Cards (American Express, Visa, MasterCard, Discover etc). 

PayPal
PayPal is the most trusted and the secure payment method used and also it supports all major credit cards as funding sources. We accept PayPal through our secure payment server site 2CheckOut only.

Bank Wire Transfer
We accept Bank Wire Transfers for orders. Please contact us for our bank account information.

Note: In case of bank wire transfer, we will reserve items maximum for 7 days only.

If you choose a direct payment gateway to complete your purchase, then we store your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

 All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

SHIPPING

All online stock orders will be dispatched within 3-7 business days from the date of payment  and you will be notified of the tracking number.

Once your order has been processed it will be shipped via one of the prominent courier services we have tied-up with namely-fedex/UPS, EMS, Brinks depending upon the value.

Shipping charges:

 Economy shipping is usually done with EMS with flat USD 25 per shipment (below 500 USD and 1 kg box weight)and this includes insurance also.
High value products above 1000 USD will be shipped via fedex/UPS.

Note: We cannot ship the order at PO Box address thus we need a complete office/residential address. If the shipment is unclaimed or returned to us for any reason, shipping cost is not refundable and 10% restocking fee will be applicable.

Please note that, If the shipping/billing addresses differ, your order may be delayed due to shipment address verification.

For shipping in India, payment must be done only in Indian rupees.

RETURNS

If for some reason you are not satisfied with the item you can send it back to our address with the documents. To return your product, you should email us before returning to us. You can email us at info@aquaprase.com and get confirmation of return shipment. All further communication for return or exchanges will be held through emails. If you ship the items before receiving shipping confirmation from us, we cannot guarantee your refund.

To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in its original packaging and we will require a receipt or proof of purchase(purchase invoice)

Our policy lasts 7 days. If 7 days have gone by since your product delivery, unfortunately, we can’t offer you a refund or exchange. Return shipping charges are not reimbursable.

Once your return is received and inspected, we will send you an email to notify you of the approval or rejection of your refund.  The refund will be processed immediately after receiving the goods back in the original condition.

*No Returns Will be accepted for Goods Purchased in Sale and also Damaged or altered goods will not be accepted back

Refund will be either given in the form of Store-Credit or can be transferred into the customer’s account but if transferred to Credit Card or PayPal account, the third-party payment processing company will deduct their Fee, which is to be born by the customer.

Note: All the ‘On-Demand’ & ‘Custom Ordered’ items once placed cannot be canceled as we begin to process your order as soon as we receive it in order to enable the quickest possible delivery to you. Also, the items returned after the inspection period of 14 days, will not be accepted.

Is there something you want to ask or tell us? write to us at info@aquaprase.com for a quick reply.

Custom Order Policy:

For custom orders, 50% of the estimated amount is to be paid in advance, Which is non-refundable. Remaining amount is to be paid after the completion of order(before shipping). No returns are possible in this service.

IMPORT DUTIES AND TAXES

As every country has its own laws thus the same applies to all the imports and we don’t have any control over the taxes levied by the authorities under any circumstances. It is the whole sole responsibility of the customer to bear such extra costs involved in order to get the parcel released from the customs of their own country.

 We suggest our customers, to know more about the duties & taxes please visit your country’s custom department website.

Note: In case of any special arrangement required, please contact us prior shipment. Returns for refused shipments because of the taxes & duties imposed will not be accepted. 

PRIVACY POLICY

This Privacy Policy applies to the Guman Impex Pvt Ltd

Guman impex pvt ltd recognises the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Policy describes how we treat user information we collect on www.aquaprase.com and other offline sources. This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy.

Guman Impex Pvt Ltd is a private limited entity incorporated pursuant to company’s act having its registered office at2047 pitliyon ka chowk, johari bazar,Jaipur, Rajasthan 302003.

INFORMATION COLLECTION AND USE

We use personal information to customize the Site, to make appropriate service offerings to you, and to fulfil  your buying requests from the site. We don’t share or open your personal information with any third party, who is not involved in your transaction with us. Your information is always stored in our password-protected database. 

We also use personal information to contact you in response to specific inquiries you have made to us, or to provide you with specific information and services you have requested or agreed to be notified about.

Information we collect

  • Contact information. We might collect your name, email, mobile number, phone number, street, city, state, pin code, country and IP address.
  • Payment and billing information. We might collect your billing name, billing address and payment method when you buy a product from our website. We NEVER collect your credit card number or credit card expiry date or other details pertaining to your credit card on our website. Credit card information will be obtained and processed by our online payment partner CC Avenue
  • Information you post. We collect information you post in a public space on our website or on a third-party social media site belonging to Aquaprase/Guman Impex Pvt Ltd
  • Demographic information. We may collect demographic information about you, products you like, products you intend to buy, products you buy, or any other information provided by you during the use of our website. We might collect this as a part of a survey also.
  • Other information. If you use our website, we may collect information about your IP address and the browser you’re using. We might look at what site you came from, duration of time spent on our website, pages accessed or what site you visit when you leave us. We might also collect the type of mobile device you are using, or the version of the operating system your computer or device is running.

We collect information in different ways.

  • We collect information directly from you. We collect information directly from you when you register yourself with our website or buy products. We also collect information if you post a comment on our websites or ask us a question through phone or email.
  • We collect information from you passively. We use tracking tools like Google Analytics, Google Webmaster, browser cookies and web beacons for collecting information about your usage of our website.
  • We get information about you from third parties. For example, if you use an integrated social media feature on our websites. The third-party social media site will give us certain information about you. This could include your name and email address.

SECRECY OF INFORMATION

Our employees are made aware of our security policy and practices. The personal information of our Users and Members is only accessible to a limited number of qualified employees who are given a password in order to gain access to that information.

PERSONAL INFORMATION

Users are not required to submit personal information to use the Site. However, there are portions of the Site limited to Members only. Submission of personal information is required to become a Member.

Use of your personal information

  • We use information to contact you: We might use the information you provide to contact you for confirmation of a purchase on our website or for other promotional purposes.
  • We use information to respond to your requests or questions or feedback. We might use your information to confirm your registration on our website or newsletter subscription.
  • We use information to improve our products and services. We might use your information to customize your experience with us. This could include displaying content based upon your preferences.
  • We use information to look at site trends and customer interests. We may use your information to make our website and products better. We may combine information we get from you with information about you we get from third parties.
  • We use information for security purposes. We may use information to protect our company, our customers, or our websites.
  • We use information for marketing purposes. We might send you information about special promotions or offers. We might also tell you about new features or products. These might be our own offers or products, or third-party offers or products we think you might find interesting. Or, for example, if you buy products from us we’ll enroll you in our newsletter.
  • We use information to send you transactional communications. We might send you emails or SMS about your account, product purchase or other information related to your purchase order.
  • We use information as otherwise permitted by law.

CHANGES TO YOUR ACCOUNT

Our website gives you the ability to change or edit your personal information contained in your profile. Additionally, the website gives you the opportunity to deactivate your account if you choose. Contact us via e-mail at deactivate@Guman Impex Pvt Ltd.com and request for deactivation of your account. If you have active transactions open, your account will be deactivated after your transactions have been resolved.

THIRD PARTY PRIVACY STATEMENT

We share only necessary information with the third parties that are involved in the order process, such as the financial institution that issued your credit card and the shipping carrier. 

Guman Impex Pvt Ltd encourages you to review the privacy statements of each third party who is evolving in your transaction with Guman Impex Pvt Ltd, so that you can understand how they use your information. Guman Impex Pvt Ltd is not responsible for the privacy statements or content on Web sites outside of Guman Impex Pvt Ltd.com.

Sharing of information with third-parties

  • We will share information with third parties who perform services on our behalf. We share information with vendors who help us manage our online registration process or payment processors or transactional message processors. We also share information with our shipping partners who manage shipments of products customers buy from our website. Some vendors may be located outside of India. Our partners use the information we give them as described in their privacy policies.
  • We may share information if we think we have to in order to comply with the law or to protect ourselves. We will share information to respond to a court order or subpoena. We may also share it if a government agency or investigatory body requests. Or, we might also share information when we are investigating potential fraud.
  • We may share information with any successor to all or part of our business. For example, if part of our business is sold we may give our customer list as part of that transaction.
  • We may share your information for reasons not described in this policy. We will tell you before we do this.

COOKIES

A cookie is a small amount of data that is sent from a Web server to your browser and stored on your computer’s hard drive. Each web site can send its own cookie to your browser, if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites.

We never use cookies to store sensitive information such as credit card numbers. Most Web browsers automatically accept cookies, but if you prefer, you can configure your browser options to to accept all cookies, reject all cookies, or notify you when a cookie is set. Please be aware that certain Aquaprase.com features may not be available to you if you block cookies.

SECTION 5 – SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with an AES-256 encryption.  Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

IP ADDRESSES (INTERNET PROTOCOL)

Our web servers automatically record your IP address, Aquaprase.com cookie information, and the page you requested. This information is collected for statistical and diagnostic purposes only. 

CHANGES IN PRIVACY STATEMENT

At Aquaprase.com  we occasionally update our Privacy statement to reflect company and customer feedback. When we post changes to this statement, you will see the word “update” next to the Privacy Statement link on the Guman Impex Pvt Ltd.com homepage. If there are material changes to this statement or how aquaprase.com  will use your personal information, we prominently post such changes prior to implementing the change. Aquaprase.com encourages you to periodically review this page to be informed of how we are protecting your information.

 Email Opt-Out
You can opt out of receiving our marketing emails or newsletters. To stop receiving our promotional emails, please email _info@aquaprase.com. It may take about ten days to process your request. Even if you opt out of getting marketing messages, we will still be sending you transactional messages through email and SMS about your purchases.

Third party sites
If you click on one of the links to third party websites, you may be taken to websites we do not control. This policy does not apply to the privacy practices of those websites. Read the privacy policy of other websites carefully. We are not responsible for these third party sites.

Grievance Officer
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

2047 Pitliyon ka chowk, Johari Bazar, Jaipur, Rajasthan 302003

Phone No.+911414005949

Email: info@aquaprase.com

If you have any questions about this Policy or other privacy concerns, you can also email us at info@aquaprase.com 

Updates to this policy
This Privacy Policy was last updated on 01.11.2019. From time to time we may change our privacy practices. We will notify you of any material changes to this policy as required by law. We will also post an updated copy on our website. Please check our site periodically for updates.

Jurisdiction
If you choose to visit the website, your visit and any dispute over privacy is subject to this Policy and the website’s terms of use. In addition to the foregoing, any disputes arising under this Policy shall be governed by the laws of India. All disputes are subject to Jaipur jurisdiction only.

NEWSLETTER

If a user or member wishes to subscribe to our newsletter, we ask for contact information such as name and email address. User or member can also unsubscribe the newsletter by click on unsubscribe link on the bottom of every newsletter or by E-mail us at info@aquaprase.com

TERMS AND CONDITIONS

Welcome to Aquaprase.com !.

By accessing, viewing, or using this site, you indicate that you understand these Terms and Conditions and accept them as the legal equivalent of a signed, written contract, binding you to these Terms and Conditions. 

These Terms of Use (“terms”) govern the use of this Site. If you do not agree to these Terms, you must discontinue use of the Site immediately. We reserve the right to alter these Terms effective immediately upon posting on the Site.

1.REGISTRATION

Before adding any item to the shopping cart, the user must first complete the registration form. Required information for registration are name, email address, shipping address, billing address, and telephone number. These information are necessary in order to complete transaction and delivery.

2.PERMITTED USE

If you are under eighteen you are not authorized to use this Site or become a Member. Authorized Users and Members are only authorized to view and to retain a copy of pages of this Site for your own personal use.

3. TRADEMARK-

 

By purchasing and accepting delivery of these goods you are expressly acknowledging and agreeing that 1) Guman Impex Pvt ltd has the exclusive rights for manufacturing and distribution of the trademark AQUAPRASE and that you gain no rights to and will never claim any rights in the AQUAPRASE mark by virtue of this transaction; 2) All of your use of the mark AQUAPRASE inures solely to the benefit of the Owners; and 3) You agree to the Owners quality standards and the Owners right to quality control.

4. COPYRIGHTS

Users are not allowed to duplicate, publish, modify or otherwise distribute the material on this Site unless specifically authorized by us to do so. The content and software on this Site is the property of Guman Impex Pvt Ltd 

In addition, Guman Impex Pvt ltd owns a copyright on this site as a collective work or compilation, and in the selection, coordination, enhancement, and arrangement of the site’s content. Your unauthorized use or copying of the Site would cause us irreparable harm, and you agree that we may seek injunctive relief against you to prevent such harm. The contents of this site are “Copyright © Guman Impex Pvt Ltd, Inc. All rights reserved.”

5.PRODUCTS

Terms of Offer. This Website offers for sale certain AQUAPRASE (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.

Customer Solicitation: Unless you notify our third party call center reps or direct Guman Impex Pvt Ltd sales reps, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations Guman Impex Pvt Ltd and its designated in house or third party call team(s).

Proprietary Rights. Guman Impex Pvt Ltd has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by Guman Impex Pvt Ltd. Guman Impex Pvt ltd also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information.

 Custom duty and local Tax.- If you purchase any Products, you will be responsible for paying applicable import/local sales tax.

6. LICENSE

You understand and agree that in our sole discretion, and without prior notice, we may terminate your access to the Site, to any services offered on the Site, and remove any unauthorized User Content, for any reason. We may remove it if we believe that the User Content you provided has violated or is inconsistent with the Terms, or with the intention behind them, or that you have violated the our rights or the rights of other User or Members or visitors to the Site, or violates or the law. We may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity

7.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 or content thereof) without notice at any time.We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

8.INDEMNITY

You agree to indemnity and hold Guman Impex Pvt Ltd, Inc., its affiliates, officers, agents and other partners employees and representatives, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, relating to or arising from your use of this site or any breach by you of these Terms and Conditions.

9.Use of Website

 Guman Impex Pvt Ltd 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 abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property).
  • Not interfere with or disrupt the use and enjoyment of the Website by other users.
  • Not resell material on the Website.
  • Not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.
  • not defame, harass, abuse, or disrupt other users of the Website.

10. POSTING

By posting, storing, or transmitting any content on the Website, you hereby grant Guman Impex Pvt Ltd 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.
Guman Impex Pvt Ltd 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. Guman Impex Pvt Ltd is not liable for any damage or harm resulting from any posts by or interactions between users. Guman Impex Pvt Ltd reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content Guman Impex Pvt Ltd deems objectionable, in Guman Impex Pvt Ltd’s sole discretion.

11.  DISCLAIMER

Guman Impex Pvt Ltd does not promise that the Site or any services including without limitation the transactions enabled by us on the Site shipping and handling services, and other services offered on the Site, nor any links or searches offered on the Site will be error-free, uninterrupted, nor that they will provide specific results from use of the Site or any Content, Services, search or link on it. We cannot ensure that files you download from the Site will be free of viruses, Trojan horses, or contamination or destructive features. Guman Impex Pvt Ltd is not liable for any lost data resulting from the operation of our Site.
The Site, and its Content are delivered on an “as-is” and “as-available” basis without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall Guman Impex Pvt Ltd be liable for any indirect, punitive, consequential, incidental, or special damages arising out of or connected with the use of this site or with the delay or inability to use this site, for any information, materials, products, and services obtained through this site, or otherwise arising out of the use of this site, whether such damages are based in contract, tort, strict liability, or otherwise, even if Guman Impex Pvt Ltd has been advised of the possibility of such damages.

12.ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order 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 information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

13. DISCLAIMER OF WARRANTIES

Your use of this website and/or products are at your sole risk. The website and products are offered on an “as is” and “as available” basis. Guman Impex Pvt Ltd expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or products. (“products” include trial products.)

  • Without limiting the generality of the foregoing, Guman Impex Pvt Ltd makes no warranty:
  • That the information provided on this website is accurate,reliable, complete, or timely.
  • That the links to third-party websites are to information that is accurate, reliable, complete, or timely.
  • No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein.
  • As to the results that may be obtained from the use of the products or that defects in products will be corrected.
  • Regarding any products purchased or obtained through the website.
  • Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

14. LIMITATION OF LIABILITY

GUMAN IMPEX PVT LTD entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

GUMAN IMPEX PVT LTDwill not be liable for any direct, indirect,incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from .

  • The use or the inability to use the website content or products.
  • The cost of procuring substitute products or content.
  • Any products purchased or obtained or transactions entered into through the website.
  • Any lost profits you allege.

 

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

15. INDEMNIFICATION

You will release, indemnify, defend and hold harmless Guman Impex Pvt Ltd, 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.

  • This Agreement or the breach of your warranties, representations and obligations under this Agreement.
  • The Website content or your use of the Website content.
  • The Products or your use of the Products (including Trial Products)
  • Any intellectual property or other proprietary right of any person or entity
  • Your violation of any provision of this Agreement.
  • Any information or data you supplied to Guman Impex Pvt Ltd.

When Guman Impex Pvt Ltd is threatened with suit or sued by a third party, Guman Impex Pvt Ltd may seek written assurances from you concerning your promise to indemnify Guman Impex Pvt Ltd; your failure to provide such assurances may be considered by Guman Impex Pvt Ltd to be a material breach of this Agreement. Guman Impex Pvt Ltd will have the right to participate in any defence by you of a third-party claim related to your use of any of the Website content or Products, with counsel of Guman Impex Pvt Ltd choice at its expense. Guman Impex Pvt Ltd will reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend Guman Impex Pvt Ltd against any claim, but you must receive Guman Impex Pvt Ltd 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

16. GENERAL

Force Majeure. Guman Impex Pvt Ltd 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. Guman Impex Pvt Ltd 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 Guman Impex Pvt Ltd and supersedes any prior agreements pertaining to the subject matter contained herein.

Effect of Waiver. The failure of Guman Impex Pvt Ltd 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.

Governing Law; Jurisdiction. This Website originates from the city of Jaipur state of Rajasthan. This Agreement will be governed by the laws of India without regard to its conflict of law principles to the contrary. Neither you nor Guman Impex Pvt Ltd 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 at Jaipur (Rajasthan). 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.

Statute of Limitation. 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 six months after such claim or cause of action arose or be forever barred.

17. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from 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, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation

  • To maintain any comments in confidence.
  • To pay compensation for any comments.
  • To respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or 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, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to 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.

18.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.

19. MODIFICATION

Guman Impex Pvt Ltd may make modifications or changes to the site or the information, materials, products, and services described in this site at any time, for any reason. Guman Impex Pvt Ltd is not responsible for and need not honor typographical or pricing errors on the site; Guman Impex Pvt Ltd reserves the right to refuse or cancel orders at any time, including but not limited to orders that contain incorrect prices or product descriptions, orders in which Guman Impex Pvt Ltd believes the customer has violated applicable law, and orders that Guman Impex Pvt Ltd believes are harmful to Guman Impex Pvt Ltd or its affiliates. Guman Impex Pvt Ltd also reserves the right to limit the number of items purchased or orders placed through this site.

20.TERMINATION

Guman Impex Pvt Ltd 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 Guman Impex Pvt Ltd 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, Guman Impex Pvt Ltd 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 Guman Impex Pvt Ltd chooses, in its sole discretion and without advance to you, to terminate it.

Domestic Use. Guman Impex Pvt Ltd makes no representation that the Website or Products are appropriate or available for use in locations outside India. 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. You may not assign your rights and obligations under this Agreement to anyone. Guman Impex Pvt Ltd may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
 

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