TERMS AND CONDITIONS
Last updated 02-09-23
AGREEMENT TO OUR LEGAL TERMS
We are The Shine Store (‘Company’, ‘we’, ‘us’, or ‘our’), a company registered in India at G-157/5 Panchsheel, Fridabad., India (+91) 121003.
We operate , as well as any other related products and services that refer or link to these legal terms (ihe ‘Legal Terms’) (collectively, ihe ‘Services’).
‘You can contact us by email at suppori@theshinestore.in or by mail to G-157/5 Panchsheel, Fridabad, India (+91) 121003, India.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (‘you’), and The Shine Store,
concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by
all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE
SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any ime and for any reason. We will
alert you about any changes by updating the ‘Last updaied’ date of these Legal Terms, and you waive any right to receive specific notice of each such
change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject fo, and will be deemed fo have
been made aware of and fo have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised
Legal Terms are posted.
The Services are intended for users who are af least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under
the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must
have your parent or guardian read and agree to these Legal Terms prior to you using the Services.
We recommend that you print a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where
such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly. those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for
compliance with local laws, if and to the extent local laws are applicable.
2, INTELLECTUAL PROPERTY RIGHTS
Qur intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks, service marks, and logos
contained therein (the ‘Marks’).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and
treaties in the United States and around the world.
The Content and Marks are provided in or through the Services ‘AS IS’ for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the ‘PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-
transferable, revocable licence to:
. access the Services; and
. download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for
any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address
your request to: support@theshinestore.in. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or
Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears
or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions
Please review this section and the “PROHIBITED ACTIVITIES’ section carefully prior to using our Services to understand the (a) rights you give us and
(b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment. suggestion, idea, feedback, or other information about the Services (‘Submissions’). you
agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted
use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
. confirm that you have read and agree with our ‘PROHIBITED ACTIVITIES’ and will not post, send, publish, upload, or transmit through the Services
any Submission that is illegal. harassing, hateful, harmful, defamatory, obscene, bullying. abusive, discriminatory, threatening to any person or
group, sexually explicit, false, inaccurate, deceitful, or misleading;
. to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
. warrant that any such Submission are original to you or that you have the necessary rights and licences to submit such Submissions and that you
have full authority to grant us the above-mentioned rights in relation to your Submissions; and
. warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your
breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you
will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you
agree fo comply with these Legal Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor,
you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether
through a bot, script or otherwise; (7) you will not use the Services for any illegal or unauthorised purpose; and (8) your use of the Services will not
violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current. or incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PRODUCTS
We make every effort to display as accurately as possible the colours, features, specifications, and details of the products available on the Services.
However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free
of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. All products are subject to
availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for
all products are subject to change.
6. PURCHASES AND PAYMENT
‘We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address, payment method. and payment card expiration date, so that we can
complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change
prices at any time. All payments shall be in INR.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your
chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we
have already requested or received payment.
We reserve the right to refuse any order placed through the Services. 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 payment method, and/or
orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by
dealers, resellers, or distributors.
7. RETURN POLICY
Please review our Return Policy posted on the Services prior to making any purchases.
8. PROHIBITED ACTIVITIES
You may hot access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in
connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the Services, you agree not to:
. Systematically refrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
. Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
. Disparage, tarnish. or otherwise harm, in our opinion, us and/or the Services.
. Use any information obtained from the Services in order to harass, abuse, or harm another person.
. Make improper use of our support services or submit false reports of abuse or misconduct.
. Use the Services in a manner inconsistent with any applicable laws or regulations.
. Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automaled use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
. Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats (“gifs”). 1×1 pixels. web bugs, cookies, or other similar devices
(sometimes referred to as ‘spyware’ or ‘passive collection mechanisms’ or ‘pems’).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy. intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP. HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way
making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised
script or other software.
.Use a buying agent or purchasing agent to make purchases on the Services.
.Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the
purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
.Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour
or commercial enterprise.
.Use the Services to advertise or offer to sell goods and services.
9. USER GENERATED CONTRIBUTIONS
The Services does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display. transmit, perform,
publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material (collectively, ‘Confributions’). Contributions may be viewable by other users
of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy
Policy. When you create or make available any Contributions, you thereby represent and warrant that:
.The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not
and will not infringe the proprietary rights, including but not limited to the copyright, patent, frademark, trade secret, or moral rights of any third
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the
Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable inclusion and use of your Coniributions in any manner contemplated by
the Services and these Legal Terms.
Your Contributions are not false, inaccurate. or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or oiherwise objecfionable (as determined by
us).
Your Contributions do not ridicule, mock, disparage. intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a
specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography. or otherwise intended to protect the health or well-being of
minors.
Your Contributions do not include any offensive comments that are connected fo race, national origin, gender, sexual preference, or physical
handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your
rights to use the Services.
10. CONTRIBUTION LICENCE
You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the
Privacy Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without
compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or
other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Coniributions provided by
you in any area on the Services. You are solely responsible for your Contributions fo the Services and you expressly agree to exonerate us from any
and all responsibility and to refrain from any legal action against us regarding your Contributions.
11. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should nof contain discriminatory references based on religion, race, gender, national origin, age,
marital status. sexual orientation. or disability. (4) your reviews should not contain references to illegal activity. (5) you should not be affiliated with
competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements: and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone
considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of
our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review,
you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and licence fo reproduce,
modify, translate. transmit by any means, display, perform, and/or distribute all content relating to review.
12. ADVERTISERS
We allow advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner
advertisements. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities:
(3) in our sole discretion and without limitation, refuse, restrict access to. limit the availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise
disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner
designed to protect our rights and property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: – By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in India. If you access the Services from any other
region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in India, then
through your continued use of the Services, you are transferring your data to India, and you expressly consent to have your data transferred to and
processed in India.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE
SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT
LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE
LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT
OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify. or remove the contents of the Services at any time or for any reason at our sole discretion without notice.
However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services
without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need fo perform
maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss,
damage. or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection
therewith.
17. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of India. The Shine Store and yourself irrevocably consent that the courts of
India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
18. DISPUTE RESOLUTION
Binding Arbitration
Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be
referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue
Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators
shall be two (2). The seat, or legal place, or arbitration shall be Faridabad, India. The language of the proceedings shall be Hindi. The governing law of
these Legal Terms shall be substantive law of India.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding: (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or fo utilise class
action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general
public or any other persons.
Exceptions to Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking fo enforce
or protect, or concerning the validity of, any of the intellectual property rights of a Party: (b) any Dispute related to. or arising from, allegations of theft,
piracy, invasion of privacy, or unauthorised use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then
neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be
decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of
that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing. availability, and
various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF
THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE
SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
WE WILL NOT BE A PARTY TO GR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TQ US DURING THE SIX (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
‘You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates. and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand. including reasonable attorneys’ fees and expenses, made by any third party
due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in
these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act
toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense,
to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree fo cooperate, at your expense,
with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to
your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to
any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on
the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
25. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such
right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at
any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that
these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the
electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
26. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
The Shine Store
G-157/5 Panchsheel
Fridabad, India (+91) 121003
India
support@theshinestore.in
