This Agreement was last modified on 18 April 2023.
Terms of Use Agreement
Welcome to website, the website and online service of Sunisht Trading
& Service Pvt. Ltd. This page explains the terms by which you may use our online
and/or mobile services, web site, and software provided on or in connection with
Seller (collectively the “Service”). By accessing or using the Service, you agree
that you have read, understood, and agree to be bound by these Terms of Use (the
“Agreement”), whether or not you are a registered user of our Service.
USE OF OUR SERVICE
You may use the Service only if you can form a binding contract with Seller, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at hello@sunisht.in. The Service is not available to any Users previously removed from the Service by Seller. Seller reserves all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void.
SUNISHT ACCOUNTS
The Service is available through Facebook’s “Facebook Connect” service. [You must have
an active Facebook account in order to access the Service through Facebook Connect], and
you hereby represent and warrant that you have read and agreed to be bound by all
applicable Facebook policies and will act in accordance with those policies, in addition
to your obligations under this Agreement. If you access the Service through Facebook
Connect, Seller may require that your www.sunisht.in ID be the same as your user
name/email ID for Facebook. If you sign into www.sunisht.in through Facebook Connect,
you will provide your Facebook account information to Seller, and you are consenting to
have the information in that account transmitted into your www.sunisht.in account, and
you agree that you shall only use Facebook accounts owned by you, and not by any other
person or entity.
You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Seller servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Seller grants the operators of public search engines revocable permission to use spiders to copy materials from www.sunisht.in for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) de-compiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Seller, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
You agree not to engage in any of the following prohibited activities in connection with the Service: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Seller servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that, subject to the privacy settings of our Users, Seller grants the operators of public search engines revocable permission to use spiders to copy materials from www.sunisht.in for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein, or (xiii) de-compiling, reverse engineering, or otherwise attempting to obtain the source code of the Service.
We may, without prior notice, change the Service, stop providing the Service or features of the Service (to you or generally), or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice or liability to Seller, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
COPYRIGHT AND INTELLECTUAL PROPERTY
All third party designs featured on www.sunisht.in are copyright and
intellectual property of their respective designers and cannot be reproduced or
transmitted in any form without the prior written permission of the designers.
USER CONTENT
You agree not to post User Content that: (i) may create a risk of harm,
loss, physical or mental injury, emotional distress, death, disability, disfigurement,
or physical or mental illness to you, to any other person, or to any animal; (ii) may
create a risk of any other loss or damage to any person or property; (iii) seeks to harm
or exploit children by exposing them to inappropriate content, asking for personally
identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort;
(v) contains any information or content that we deem to be unlawful, harmful, abusive,
racially or ethnically offensive, defamatory, infringing, invasive of personal privacy
or publicity rights, harassing, humiliating to other people (publicly or otherwise),
libelous, threatening, profane, obscene, pornographic, or otherwise objectionable; (vi)
contains any information or content that is illegal (including, without limitation, the
disclosure of insider information under securities law or of another party’s trade
secrets); (vii) contains any information or content that you do not have a right to make
available under any law or under contractual or fiduciary relationships; or (viii)
contains any information or content that you know is not correct and current. You agree
that any User Content that you post does not and will not violate third-party rights of
any kind, including without limitation any Intellectual Property Rights (as defined
below) or rights of privacy. To the extent that your User Content contains music, you
hereby represent that you are the owner of or possess all rights to all the copyright
rights, including without limitation the performance, mechanical, and sound recordings
rights, with respect to each and every musical composition (including lyrics) and sound
recording contained in such User Content and have the power to grant the license granted
below. Seller reserves the right, but is not obligated, to reject and/or remove any User
Content that Seller believes, in its sole discretion, violates these provisions. You
understand that publishing your User Content on the Service is not a substitute for
registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any
other rights organization.
In connection with your User Content, you affirm, represent and warrant the following:
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
- • Seller may exercise the rights to your User Content that are granted to Seller under this Agreement, without payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
OUR PROPRIETARY RIGHTS
You may choose to or we may invite you to submit comments or ideas about
the Service, including without limitation about how to improve the Service or our
products (“Ideas”). By submitting any Idea, you agree that your disclosure is
gratuitous, unsolicited and without restriction and will not place Seller under any
fiduciary or other obligation, and that we are free to use the Idea without any
additional compensation to you, and/or to disclose the Idea on a non-confidential basis
or otherwise to anyone. You further acknowledge that, by acceptance of your submission,
Seller does not waive any rights to use similar or related ideas previously known to
Seller, or developed by its employees, or obtained from sources other than you.
Seller may provide www.sunisht.in members referral credits when members invite their friends to join www.sunisht.in (“Referral Credits”). Referral Credits may be awarded to the referrer when her friends join, as well as when her friends make their first purchases.
All credits, referral or otherwise can be used on a minimum shopping cart subtotal (pre shipping) amount of Rs. 1,000.
Seller may provide www.sunisht.in members referral credits when members invite their friends to join www.sunisht.in (“Referral Credits”). Referral Credits may be awarded to the referrer when her friends join, as well as when her friends make their first purchases.
All credits, referral or otherwise can be used on a minimum shopping cart subtotal (pre shipping) amount of Rs. 1,000.
BILLING POLICIES
If you purchase an item through the Service, your purchase will be
processed in accordance with the “Orders” section of our Help section, delivered to you
according to our Shipping Policies, and, if applicable, returns will be handled in
accordance with our Return Policy, all of which are incorporated herein by this
reference.