TERMS & CONDITIONS

THIS DOCUMENT IS PUBLISHED BY SUNBEAM MERCANTILE VENTURES PRIVATE LIMITED (SMVPL) IN COMPLIANCE OF AND SHALL BE GOVERNED BY INDIAN LAW, INCLUDING BUT NOT LIMITED TO (I) THE INDIAN CONTRACT ACT, 1872; (II) THE INFORMATION TECHNOLOGY ACT, 2000, THE RULES, REGULATIONS, GUIDELINES AND CLARIFICATIONS FRAMED THEREUNDER INCLUDING THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION) RULES, 2011, AND THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011.

PLEASE READ THE TERMS AND CONDITIONS OF USE AND SALE (THE TERMS) CAREFULLY. BY ACCESSING THE WEBSITE AND USING THE WEBSITE OR DOWNLOADING/INSTALLING AND/OR ACCESSING/MAKING USE OF THE APPLICATION OR THE SERVICES AND CONTENT OF SUNBEAM VENTURES YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THE TERMS AS WELL AS ADDITIONAL TERMS, INCLUDING BUT NOT LIMITED TO THE PRIVACY POLICY AS WELL AS YOUR RIGHTS, OBLIGATIONS AND RESTRICTIONS REGARDING YOUR USE OF SMVPL, ACCESSIBLE AT THE LINK, WHICH IS DEEMED INCORPORATED IN THESE TERMS BY REFERENCE AND FORM AN INTEGRAL PART OF THESE TERMS.

THIS DOCUMENT IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS AGREEMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

1. SERVICES AND WEBSITE USER RESTRICTIONS

   These Terms apply in addition to any other terms and conditions that we may require to be included from time to time. We may amend these Terms at any time by posting the amended terms on our Website. Should you reject the amended terms or continue to use our Services, save as maybe provided hereunder, this contract shall be deemed terminated forthwith and you can no longer avail the Services. If you do not agree to be bound by the Terms, we advise you to not access or use the Services and/or Website and optionally may inform us about your reason for such rejection, disagreement and/or disapproval at order@sunbeamventures.com for our understanding and knowledge. Kindly note, this does not obligate us to act or respond upon it in any manner. We will attempt to notify all members of changes to these Terms but are not obligated to do so, as it is important that you review the Terms regularly to ensure you are updated as to any changes made. When changes are made, we will indicate at the bottom of this page the date that revisions were made.
   All information and materials on this Website, including but not limited to, text, trademarks, logos, graphics, and images (the "Materials"), are the copyrighted works and other forms of intellectual property of SMVPL or third parties who have authorized use of the Materials on this Website. Unless otherwise provided in respect to specific areas or Materials on the Website, SMVPL grants you only the limited license to display the Materials on your personal computer or personal wireless device, and to copy and download such Materials, provided that: (1) any copyright, trademark or other notice appearing on such Materials is also retained by, displayed, copied, or downloaded as part of the Materials, and is not removed or obscured, and (2) such display, copy, or download is used solely for your personal information. Such Materials may not be distributed, transmitted, displayed, or broadcast in any manner or for any purpose. You acknowledge and agree that you have no right to nor will you modify, edit, alter, or enhance any of the Materials in any manner. This limited right terminates automatically, without notice to you, if you breach any of the Terms. Upon termination of this limited right of display, user agrees to immediately erase or otherwise destroy any downloaded and printed Materials. Except as expressly stated herein, you acknowledge that you have no legal right, title, or interest in or to the Materials other than a limited right of display.

2. ECOMMERCE SERVICES

   SMVPL allows third party to list and sell their products at its website. In each such case this is indicated on the respective product detail page. While SMVPL as a service provider helps facilitate transactions that are carried out on its website, SMVPL is not responsible, directly or indirectly, to negotiate and complete transactions or any liabilities and claims arising out of or in connection with the buying and selling on the website. The seller, manufacturer or distributor, as the case may be, who is listed on the website and managing the selling on SMVPL’s website is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller.

3. THIRD PARTY CONTENT

   SMVPL has no specific prior review process or editorial control or involvement over third party content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, members or any other user of this Website, are those of the respective parties and not necessarily those of SMVPL.

4. PRODUCT LIABILITY

   Unless expressly indicated otherwise, SMVPL is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients/contents may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
   For healthcare or similar sensitive products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. SMVPL accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.

5. GENERAL LIMITATION OF LIABILITIES

   SMVPL will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the SMVPL Services. SMVPL shall not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control. Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.

6. LINKS TO AND FROM THIRD PARTY SITES

   SMVPL does not endorse any service provider listed on its Website or its Application. There may be links established between this Website and other websites on the World Wide Web or Internet which are not under the control of, or maintained by, SMVPL. You accept and acknowledge that if such third party link directs you to an external website, SMVPL is not responsible for any or all content on such third party website. If you decide to visit any such external link, you agree to do so at your own risk, responsibility and liability. SMVPL makes no warranties, representations or endorsements relating to the content, information, products or services as may be appearing on these websites. SMVPL may however, promote or provide service qua social media through necessary integration. For this purpose, you may opt to log in to the social media by creating an account or signing in on such social media, as the platform suggests. If the User elects to avail the Services via social media, the terms of use and privacy policy of that social media platform will be applicable and SMVPL will not be responsible for any kind of transmission or publication of any contents on any social media. You further agree that in the event that you establish a link from any other website to the Website, you will immediately discontinue such link upon receiving written notice from SMVPL of its objection to any such link. The responsibility of each user to monitor such changes, and to determine whether or not to continue to access and use the Website based upon any such changes.

7. TERMINATION

   User's access to Website will be subject to SMVPL’s authorization to access the Website. SMVPL reserves the right to terminate user's access to the Website at any time without notice, for any reason (including, but not limited to, if you violate these Terms) or for no reason. While SMVPL’s preferred course of action is to advise you of your inappropriate behaviour and recommend any necessary corrective action, SMVPL does not represent that it will nor is it required to either actively monitor such behavior or to provide such notice to you. SMVPL’s right to terminate user's access is in addition to all other legal or equitable remedies available to SMVPL hereunder, which rights are fully and expressly reserved by SMVPL. Upon termination of this Agreement for any reason, user shall cease to use or further access any Website’s content or services and be liable for any unauthorized attempts to do so via any means.

8. EXCLUSIVE INTELLECTUAL PROPERTY OF SMVPL

   You understand that all the Materials provided on this Website are the proprietary property of SMVPL or Companies and affiliates of SMVPL as may be arranged internally and owned and all entities of SMVPL, on account of such ownership, may assign protection for copyright, trade secret, and other applicable laws in the respective jurisdiction. You have the limited right to display the Materials only on your personal computer, and to copy and download the Materials provided that: (1) any copyright and trademark notices appearing on such Materials are also displayed, copied or downloaded as part of the Materials, and are not removed, moved, or obscured, and (2) such display, copy, or download is solely for your personal informational use. This limited right to access, display, and use of the Website terminates automatically, without notice to you, if you breach any of these Terms. You acknowledge and agree that you have no right to modify, edit, alter or enhance any of the Materials in any manner. The Materials may not be distributed, transmitted, or broadcast in any manner, for any commercial purpose unless expressly authorized to do so by SMVPL, in advance, and in writing.

9. DISCLAIMER

   THIS WEBSITE AND ALL SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SMVPL DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. SMVPL DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS PROVIDED IN THE WEBSITE. SMVPL SIMILARLY DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SITE.

   YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OF SUCH MATERIAL.

   UNDER NO CIRCUMSTANCES SHALL SMVPL BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND/OR RELIANCE ON THE WEBSITE, OR ITS ASSOCIATED PRODUCTS AND SERVICES. USER EXPRESSLY AGREES THAT SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SMVPL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, PRODUCTS OR SERVICES, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THIS SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THIS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.

10. DISCLAIMER OF WARRANTIES

    You as a user of the Website acknowledge and agree that SMVPL has no liability for any errors or omissions in the Website, including in the Materials, whether provided by SMVPL or third parties. You further acknowledge and agree that SMVPL makes no warranty or representation of any kind as to the availability of the Website or any portion thereof, that the Website or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that SMVPL shall have no liability for any unavailability of or inaccuracy in the Website or the Materials. By using this Website, user agrees to indemnify and defend SMVPL and its parents, subsidiaries, affiliates, directors, officers, consultants, and employees and hold them harmless from any and all claims and expenses, including attorney's fees, arising from user's misuse of this Website or Service. User will bear all risk associated with any content that user accesses. User accessing of any content made available by or through SUNBEAM VENTURES and third parties is subject to your agreement to this provision and these Terms and Conditions

11. NO AGENCY OR PARTNERSHIP

    The parties are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other.

12. NOTICES

    SMVPL may provide notice to user via email provided on the user's registration form or such other address provided by user to SMVPL. User shall provide notice to SMVPL via email to: order@sunbeamventures.com, with a copy sent via to the valid address on the user's registration form.

13. ENTIRE AGREEMENT; SEVERABILITY; NO UNINTENTIONAL WAIVER

    This Agreement, including the Website's Privacy Policy and Disclaimer, constitutes the entire user agreement between user and SMVPL, and supersedes any prior agreements or understandings between user and SMVPL. No amendment or modification hereof will be valid or binding upon either party unless made in writing and signed by the authorized representatives of both parties.

14. NO THIRD PARTY BENEFICIARIES

    User acknowledges and agrees that this Agreement shall in no event be construed as a third party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.

15. ASSIGNMENT

    You cannot assign or otherwise transfer this Agreement, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. SMVPL’s rights and/or obligations under the Agreement are freely assignable or otherwise transferable by the Company to any third parties without the requirement of seeking your prior consent.

16. GOVERNING LAW

    The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be governed by and interpreted in accordance with laws of India and the parties submit to the exclusive jurisdiction of the courts of Mumbai.

17. QUESTIONS, COMMENTS , FEEDBACK , NOTICES OR REPORT ABUSE

    If you have questions, comments, or notices about the Website or this Agreement, please contact us here