Terms and Conditions

Overview

Welcome to Shampoodleshams. These terms and conditions outline the rules and regulations for the use of Shampoodleshams' Website, located at www.shampoodleshams.com, and its Products. By accessing this Website, I assume you accept these terms and conditions. Do not continue to use Shampoodleshams if you do not agree to take all of the terms and conditions stated on this page.

 

The following terminology applies to these Terms and Conditions, Disclaimer, and all Agreements on this page: "Client", "You", "Your", "Yours", or "Yourself" refers to you, the person logged on this Website and compliant to the Individual's terms and conditions. "Shampoodleshams", "Shambhavi", "Shambhavi Upadhyaya", "Individual", "I", "Me", "My", "Mine", or "Myself" refers to the Individual owning this Website. "Party", "Parties", "We", "Us", "Our", "Ours", or "Ourselves" refers to both the Client and the Individual.

 

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of my assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Individual's stated Products/Services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

This Website is owned and managed by Shambhavi Upadhyaya.

 

License

Unless otherwise stated, Shambhavi Upadhyaya owns the intellectual property rights for all material on the Website. All intellectual property rights are reserved. You may access this from Shampoodleshams for your own personal use subjected to restrictions set in these terms and conditions. You must not: Republish material from Shampoodleshams; Sell, rent or sub-license material from Shampoodleshams; Reproduce, duplicate or copy material from Shampoodleshams; Redistribute content from Shampoodleshams.

 

Hyperlinking to my content

The following organizations may link to my Website without prior written approval: Government agencies; Search engines; News organizations. System Wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups may not hyperlink to my Website unless granted permission. These organizations may link to the home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its Products/Services; and (c) fits within the context of the linking party's site.

 

I may consider and approve other link requests from the following types of organizations: commonly-known consumer and/or business information sources; dot.com community sites; associations or other groups representing charities; online directory distributors; internet portals; accounting, law and consulting firms; and educational institutions and trade associations. I will approve link requests from these organizations if decided that: (a) the link would not make me look unfavorably to myself or to my work; (b) the organization does not have any negative records with me; (c) the benefit to me from the visibility of the hyperlink compensates the absence of Shampoodleshams; and (d) the link is in the context of general resource information.

 

If you are one of the organizations listed above and are interested in linking to my Website, you must inform me by sending an e-mail to shampoodleshams@gmail.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to my Website, and a list of the URLs on my Website to which you would like to link, and please wait 1 week for a response.

 

Approved organizations may hyperlink to my Website as follows: By use of my Website name ("Shampoodleshams"); by use of the Individual name ("Shambhavi Upadhyaya"); By use of the uniform resource locator being linked to; or By use of any other description of my Website being linked to that makes sense within the context and format of content on the linking party's site.

 

No use of the Shampoodleshams logo or other artwork will be allowed for linking without prior written permission.

 

Content liability

I shall not be held responsible for any content that appears on your / other websites. You agree to protect and defend me against all claims that arises on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

 

Reservation of rights

I reserve the right to request that you remove all links or any particular link to my Website. You approve to immediately remove all links to my Website upon request. I also reserve the right to amend these terms and conditions and its linking policy at any time. By linking to my Website, you agree to be bound to and follow these linking terms and conditions.

 

Removal of links from my Website

If you find any link on my Website that is offensive for any reason, you may contact and inform me any moment. I will consider requests to remove links but I am not obligated to or so or to respond to you directly. I do not ensure that the information on this Website is correct, I do not warrant its completeness or accuracy; nor do I promise to ensure that the Website remains available or that the material on the Website is kept up to date.

 

Disclaimer

To the maximum extent permitted by applicable law, I exclude all representations, warranties and conditions relating to this Website and the use of this Website. Nothing in this disclaimer will: limit or exclude my or your liability for death or personal injury; limit or exclude my or your liability for fraud or fraudulent misrepresentation; limit any of my or your liabilities in any way that is not permitted under applicable law; or exclude any of my or your liabilities that may not be excluded under applicable law.

 

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty. As long as the Website and the information and services on the Website are provided free of charge, I will not be liable for any loss or damage of any nature.

 

Online store Terms of Service

By agreeing to these Terms of Service or Sale, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given me your consent to allow any of your minor dependents to use this Website.

 

You may not use my Products/Services for any illegal or unauthorized purpose. You may not violate any laws in your jurisdiction (including but not limited to copyright laws) in the use of the Products/Services. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the terms will result in an immediate termination of your Products/Services.

 

Any new features or tools which are added to the online store shall also be subject to these terms. You can review the most current version of the terms at any time on this page. I reserve the right to update, change or replace any part of these terms by posting updates and/or changes to my Website. It is your responsibility to check this page periodically for changes. Your use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

 

General conditions

I reserve the right to refuse Products/Services or Sale to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Products/Services, use of the Products/Services, or access to the Products/Services or any contact on the Website through which the Products/Services are provided, without express written permission by me.

 

Accuracy, completeness and timeliness

I am not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Website is at your own risk. I reserve the right to modify the contents of this Website at any time, but I have no obligation to update any information on the Website. You agree that it is your responsibility to monitor changes to the Website.

 

Modifications to the Products/Services

Prices for my Products/Services are subject to change without notice. I reserve the right at any time to modify or discontinue the Products/Services (or any part or content thereof) without notice at any time. I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Products/Services.

 

Products/Services

Certain Products/Services may be available exclusively online through the Website. These Products/Services may have limited quantities and are not subject to return or refund as explicated in "Returns and Refunds" under Store Policy.

 

I have made every effort to display as accurately as possible the colors and images of my Products/Services that appear at the store. I cannot guarantee that your computer monitor’s display of any color will be accurate.

 

I reserve the right, but am not obligated, to limit the sales of my Products/Services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any Products/Services that I offer. All descriptions of Products/Services or Products/Services pricing are subject to change at anytime without notice, at my sole discretion. I reserve the right to discontinue any Products/Services at any time. Any offer for any Products/Services made on this Website is void where prohibited. I do not warrant that the quality of any Products/Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products/Services will be corrected.

 

Payment and account information

I reserve the right to refuse any order you place with me. I may, in my sole discretion, limit or cancel quantities purchased. 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 I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgment, appear to be placed by dealers, resellers, distributors, or fraudulent parties.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at my store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that I can complete your transactions and contact you as needed.

 

When making payment through the payment gateway, you understand that the payment gateway is provided by a third party and governed by the terms and conditions provided by such third party. You are liable in the event you violate any of the terms and conditions of such third party in making your purchase. I shall not be responsible for any such errors or default in making your donations.

 

Without limitation of the terms and conditions set forth in these Terms you understand and agree that I may disclose personally identifiable information if required to do so by law or in the good faith belief that such disclosure is necessary to comply with legal process, enforce these terms or protect the rights, property or safety of Shampoodleshams, Shambhavi Upadhyaya, and the public.

​

Returns and refunds

My return and refund policy (“Returns and Refunds” under Store Policy), together with the terms of use, sets out that Shampoodleshams cannot accept returns, exchanges, or cancellations once my Products/Services have been delivered to a User after purchase from the Website. I may only choose to accept returns of Products/Services bought by a user if a serious degree of problem is encountered. For further assistance or questions, please contact me via Contact. It is upon my discretion to determine whether a user is eligible for returns upon receiving an email along with information of the purchase made.

 

Optional tools

I may provide you with access to third-party tools over which I neither monitor nor have any control nor input. You acknowledge and agree that I provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. I have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). I may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these terms.

 

Third party links

Certain content, Products/Services, or other products and services available via my Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with the Individual or Shampoodleshams. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

Comments, feedback and other submissions

Parts of this Website, and external sites unaffiliated with Shampoodleshams or Shambhavi Upadhyaya, may offer an opportunity for users to provide and post opinions or information. I do not filter, edit, publish or review Comments prior to their presence on the Website. Comments do not reflect the views and opinions of Shampoodleshams, Shambhavi Upadhyaya, and/or its affiliates. Comments reflect the views and opinions of the person who post their views and opinions.

 

To the extent permitted by applicable laws, I shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on websites. I reserve the right to monitor all Comments and to remove any Comments on this Website which can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.

 

You warrant and represent that: You are entitled to post the Comments on my Website and have all necessary licenses and consents to do so; The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy; The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

 

If, at my request, you send certain specific submissions or without a request from me you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to me. I am and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

 

You hereby grant me a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media. 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 Products/Services or any related Website.

 

You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead me or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. I take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

Errors and inaccuracies

There may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change, or update information or cancel orders if any information in the Products/Services or on any related Website is inaccurate at any time without prior notice (including after you have submitted your order). I undertake no obligation to update, amend, or clarify information in the Products/Services or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Products/Services or on any related Website, should be taken to indicate that all information in the Products/Services or on any related Website has been modified or updated.

 

Prohibited uses

You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Products/Services or of any related Website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Products/Services or any related Website, other websites, or the Internet.

 

I reserve the right to terminate your use of the Products/Services or any related Website for violating any of the prohibited uses.

 

Disclaimer of warranties and limitation of liability

I do not guarantee, represent or warrant that your use of my Products/Services will be uninterrupted, timely, secure or error-free. I do not warrant that the results that may be obtained from the use of the Products/Services will be accurate or reliable. You agree that from time to time I may remove the Products/Services for indefinite periods of time or cancel the Products/Services at any time, without notice to you.

 

You expressly agree that your use of, or inability to use, the Products/Services is at your sole risk. The service and all products and services delivered to you through the Products/Services are (except as expressly stated by me) provided ‘as is’ and ‘as available’ for your use, 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 I, my partners, 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 Products/Services, or for any other claim related in any way to your use of the service or any Products/Services, 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 Products/Services or any content posted, transmitted, or otherwise made available via the Products/Services, even if advised of their possibility.

 

Indemnification

You agree to indemnify, defend and hold harmless Shampoodleshams, Shambhavi Upadhyaya, and my 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

Severability

In the event that any provision of these terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

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 are effective unless and until terminated by either you or me. You may terminate these Products/Services at any time by notifying me that you no longer wish to use my Products/Services, or when you cease using my Website.

​

If in my sole judgment you fail, or I suspect that you have failed, to comply with any term or provision of these terms, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my Products/Services (or any part thereof).

​

Agreement

The failure of me to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. These terms and any policies or operating rules posted by me on this Website or in respect to the Products/Services constitutes the entire agreement and understanding between you and me and govern your use of the Products/Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the terms). Any ambiguities in the interpretation of these terms shall not be construed against the drafting party.

​

Governing law

The contract shall be governed in accordance with the laws of India and the Courts in Maharashtra shall have the exclusive jurisdiction to try and suit proceedings in connection therewith/in that behalf. Any disputes under this agreement, which cannot be settled by negotiation may be resolved exclusively by arbitration and shall be held in Maharashtra, India and conducted in accordance with the provision of Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof. Subject to the above, the courts of law at Maharashtra alone shall have the jurisdiction in respect of all matters connected with the agreement. The arbitration award shall be final and binding.

 

Changes to Terms and Conditions

You can review the most current version of the Terms and Conditions at any time at this page. I reserve the right, at my sole discretion, to update, change or replace any part of these terms by posting updates and changes to the Website. It is your responsibility to check this Website periodically for changes. Your continued use of or access to this Website or the Products/Services following the posting of any changes to these terms constitutes acceptance of those changes.

 

Contact information

Questions about the terms should be sent to me at Contact, or discovered over my Website www.shampoodleshams.com. All Rights Reserved. Reproduction rights do not transfer with sale of items. Use of photos/designs without permission and licensing is not allowed.