PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. YOUR USE OF THE WEBSITE OR THE SERVICES PROVIDED BY THE WEBSITE SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF SERVICE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME. 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 OF SERVICE ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS OF SERVICE.
YOUR USE OF THE WEBSITE IMPLIES THAT YOU AGREE WITH THE TERMS OF SERVICE.
1. OVERVIEW
Last updated on June 04, 2015.
This website is operated by Jayashri Enterprises with its principal place of business at Plot No. 44, Pilerne Industrial Estate, Bardez - Goa. Throughout the site, the terms “we”, “us” and “our” refer to Jayashri Enterprises; the terms ‘you’, ‘your’, ‘user’ and ‘customer’ refer to the users of this website. Jayashri Enterprises offers 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 mentioned herein.
By visiting our site and/ or purchasing something from us, you engage in or avail our “Service” and agree to be bound by the terms and conditions mentioned herein (“Terms of Service”, “Terms”). This includes the additional terms, conditions and policies referenced herein and/or are 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.
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.
All the current features and tools as well as any new features or tools which are subsequently added on the website shall also be subject to the Terms of Service. As our website is hosted on the server of Shopify Inc., for all purchase transactions, the Terms of Service of Shopify Inc. will also be applicable.
2. ONLINE STORE TERMS
Access and availability of Contura products and services through the website is subject to following limitations:
A breach or violation of any of the terms will result in an immediate termination of Contura services for the user concerned.
3. GENERAL CONDITIONS
Contura reserves all rights to refuse services to anyone for any reason at any time.
Credit card information, of all users engaging in purchase transactions, is always encrypted during transfer over networks. User must understand that all personal information (not including credit card information), may be transferred unencrypted and involve:
(a) Transmissions over various networks
(b) Changes to conform and adapt to technical requirements of connecting networks or devices.
By using our website and availing our services, user agrees not to reproduce, duplicate, copy, sell, resell or exploit –
User can’t do any of the above without express written permission furnished by us.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Contura can’t be held responsible if information made available on this site is inaccurate, incomplete or outdated. All the material available on this site is only for general information purpose. The site may also contain historical information, which is not contemporary and provided only for reference. User may access this information to enable buying decisions but final purchase decision must not be made solely on the basis of the material provided on the website.
We reserve all rights to change any or all information available on the website, without prior notice to the users. User must be responsible to check the relevance of information and terms of service before using any of the information available on the website. Contura is not liable to bear any losses if the user suffers in any sense by using the information made available on our website.
5. MODIFICATIONS TO THE SERVICE AND PRICES
Contura reserves all rights to either decrease or increase the prices of all or any of the products listed on the website without any prior notice to the members.
We also reserve all rights to modify or discontinue any of the services (or any content thereof) listed on the website, without any prior notice. Contura shall not be liable to the member or any third-party for the losses suffered by them due to any modification, price change, suspension or discontinuance of Contura services.
6. PRODUCTS OR SERVICES
The colors and dimensions of the products displayed in images on the website are the best possible representation of actual products. However, due to variable monitor displays and photographic lighting, colors of actual products may vary slightly from the images. Certain Contura products or services may be exclusively available on the website and may be available in limited quantities only. These products are subject to return and exchange as per our Return Policy.
Contura reserves all rights to –
Contura doesn’t warrant that the products, services, information or any other material obtained from the website will meet the expectations of the buyer or that any errors in the service will be corrected.
7. ACCURACY OF BILLING AND ACCOUNT INFORMATION
Under several purchase conditions, Contura holds the right to refuse the order purchased by the member. We may also limit or cancel quantities purchased per person/ per household/ per order. These restrictions may include orders placed by/ for/ under –
Orders which, in our sole judgment, appear to be placed by dealers, resellers or distributors may also be limited or prohibited by Contura.
In the event of such cancellations or modifications to the original order, Contura will attempt to notify the customer by e-mail, phone call or personal contact at the billing address provided during placement of order.
Member must agree to provide current, complete and accurate purchase and account information for any transaction conducted at the store. Member must also agree to promptly update any account related or other information, including email address, credit card numbers and expiration dates so that transaction can be successfully completed and member can be contacted, if and when required.
For more detail, please review our Returns Policy.
8. OPTIONAL TOOLS
In the process of making a purchase transaction over the Contura website, we may provide you with access to third-party tools. Contura doesn’t have any control over these tools and we neither monitor nor input to these tools. Member must acknowledge and agree that the access to such tools is “as is” and “as available” without any warranties, representations, endorsements or conditions of any kind. The use of these tools offered through the site is entirely at the discretion and risk of the member only. Contura has no liability, whatsoever, arising from or relating to your use of optional third-party tools.
Contura may also offer new services or features through the website, including the release of new tools and resources offered by third party providers. All such tools, features and services will be subject to the terms of services mentioned herein.
9. THIRD-PARTY LINKS
Certain content pertaining to the products and services featured on the Contura website may contain third party links. These links may direct the user to third party websites that are not affiliated with Contura. We are, therefore, not responsible for examining or evaluating the content or accuracy of these sites. Contura will not warrant any products, services or material listed on third party sites and assumes no liability towards any damage borne by the user by visiting these third party links.
Members are recommended to carefully review the policies and terms of service of these third party service providers before engaging in any purchase transaction. Any kind of complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party and not handled by Contura.
10. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
Members are welcome to send creative ideas, suggestions, proposals, plans or other materials (collectively referred to as ‘comments’) to Contura via email, postal mail or otherwise. We may also request members to make specific submissions for certain promotional contests or as feedback. For all such submissions, Contura reserves the right to edit, copy, publish, distribute, translate and otherwise use in any medium without any restrictions and at any time. We are and shall be under no obligation –
Contura may monitor, edit or remove content that is determined, in our sole discretion, as unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. However, Contura will not be under any obligation to do so.
Customers must agree that their comments will not violate any third party rights, including copyright, trademark, privacy, personal or proprietary rights. Customers must further agree that any submissions or comments will not contain –
Customer must also not use false e-mail address, pretend to be someone else or otherwise mislead Contura or third party service providers to the origin of any comments or submissions. The sole responsibility of the comments and their accuracy will remain with the customer. Contura takes no responsibility and assumes no liability for any comments posted on the website by a member or any third party.
11. PERSONAL INFORMATION
Any or all personal information submitted by Guest users and members are governed by the Contura Privacy Policy.
For more details, please review our Privacy Policy.
12. ERRORS, INACCURACIES AND OMISSIONS
Information or content posted on Contura website may on occasion contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Contura reserves all rights to correct any errors, inaccuracies or omissions and to change or update information. Contura also reserves all rights to cancel any order if it is based on incorrect or inaccurate information posted on the website. We can cancel such orders any time without any prior notice to the member, even after the order has been submitted.
Contura undertakes no obligation to update, amend or clarify information (including price information without limitation) on our website or any associated third party website; except as required by law. No specified update or refresh date mentioned in the services or on the website should be taken to indicate any or all information has been modified or updated by Contura.
13. PROHIBITED USES
The use of Contura website is prohibited to certain users and under certain specified conditions mentioned herein. In addition, the following prohibition on usage of website or its content is applicable:
Contura reserves the right to terminate member’s use of the website or any related website for violating any of the prohibited uses.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Contura doesn’t guarantee, represent or warrant that use of our website or services will be uninterrupted, timely, secure or free of any error. We don’t warrant that the results obtained from the use of our services will be accurate or reliable. By agreeing to use the website, it is implied that the member agrees and acknowledges that we may remove certain products or services for indefinite period or cancel them altogether at any time, without any prior notice to the member.
Member’s express agreement is implied that use of the website and the services offered or any inability to do so is at member’s sole risk. All products and services delivered to you through the website, except as expressly stated by Contura, are provided 'as is' and 'as available' for your use. All these products and services are without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Jayashri Enterprises, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the Contura website, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
15. INDEMNIFICATION
Member’s agreement is considered implied to indemnify, defend and hold harmless Jayashri Enterprises and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
16. SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
17. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you (member) or us (Jayeshree Enterprises). Member may terminate these Terms of Service at any time by notifying us that he/she no longer wishes to use our services, or discontinue usage of the website.
If, in our sole judgment, the member fails or we suspect that the member has failed, to comply with any term or provision of these Terms of Service; we may terminate this agreement at any time without prior notice. Member will remain liable for all amounts due up to and including the date of termination. We may accordingly deny the member further access to our services (or any part thereof).
18. ENTIRE AGREEMENT
In the event that we, at Contura, fail to exercise or enforce any right or provision mentioned in these Terms of Service; such a right or provision shall not be considered as waived. Any policies, operating rules posted on the website and these Terms of Service constitute the entire agreement in respect to the services offered by Contura to its customers. It is an understanding between You and Us and governs your use of the services offered on the website.
These Terms of Service supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
19. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you any form of service shall be governed by and construed in accordance with the laws of India. All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms of Service or any transactions entered into on or through the Website or the relationship between You and Jayashri Enterprises shall be subject to the exclusive jurisdiction of the courts at Panaji, Goa, India and You hereby accede to and accept the jurisdiction of such courts.
20. CHANGES TO TERMS OF SERVICE
Contura reserves all rights to update, change or replace any part of Terms of Service mentioned herein. All changes will be duly updated by us on the website and customers are recommended to review this page in order to access the most current version of Terms of Service.
If you continue to access and use our website or avail any of the services offered on the Contura website; after a change has been updated in the Terms of Service page, then your acceptance of the change in terms will be implied.
21. CONTACT INFORMATION
If you wish to know more about the Terms of Service of Contura website, contact our customer care by writing to us at [email protected].
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