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Terms & Conditions :. |
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Please read this document carefully. It contains very important information about the Terms & Conditions governing the use of this site. Please do not use the site or transact on the site if you do not agree with any of the Terms & Conditions provided below.
By using the www.spiceplaza.com, of Spice Plaza Inc you are deemed to have accepted the terms and conditions listed below. All products/services and information displayed on Spiceplaza.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. We reserve the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Spiceplaza.com prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. Membership Eligibility Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the US Laws are not eligible to use the Site. Spiceplaza.com reserves the right to terminate your membership and refuse to provide you with access to the Site if Spiceplaza.com discovers that you are under the age of 18 years. The Site is not available to persons whose membership have been suspended or terminated by Spiceplaza.com for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from USA. Spiceplaza.com makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside USA. Those who choose to access this Site from outside USA are responsible for compliance with local laws if and to the extent local laws are applicable. Spiceplaza.com will deliver the products only within USA and will not be liable for any claims relating to any products ordered from outside USA. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Spiceplaza.com you agree to be bound by the Terms and Conditions.
Account and Registration Obligations
"Your Information" is defined as any information you provide to us in the registration, buying or through any e-mail feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. Spiceplaza.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If Spiceplaza.com has reason to believe that there is likely to be a breach of security, we may require you to change your password or we may suspend your account without any liability to Spiceplaza.com.
You also agree to:
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Provide true, accurate, current and complete information about yourself as prompted by Spice Plaza’s registration form (such information being the "Registration Data").
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Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Spiceplaza.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Spiceplaza.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
Pricing Information
While Spiceplaza.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. Spiceplaza.com cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Spiceplaza.com shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is wrongly-priced, Spiceplaza.com may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and Spiceplaza.com will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Spiceplaza.com accepts your order you will be duly notified by an email that the payment has been processed. The payment may be processed prior to Spiceplaza.com dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to you. Prices and availability are subject to change without notice.
Credit Card Details
None of your payment transaction is processed on our Site or Servers. We you PayPal services and the buyer would be providing his credit card details to them. By using PayPal’s services you agree, understand and confirm that the credit card details provided by you for buying the products from Spiceplaza.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to PayPal. Spiceplaza.com doesn’t collect or trace your credit card details. Spiceplaza.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.
Cancellation by Spiceplaza.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.
Cancellation by Customer
In case we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. Incase of cancellation of an order after it has been processed/approved by Spiceplaza.com, charges shall be levied of the order value. Spiceplaza.com has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by Spiceplaza.com and accept Spiceplaza.com decision regarding the cancellation. Products once dispatched cannot be returned. Nothing herein will prevent you from returning the product pursuant to rights available to you under applicable law.
Fraudulent /Declined Transactions
Spiceplaza.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Spiceplaza.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
Electronic Communications
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You Agree and Confirm
- That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Spiceplaza.com for redelivery shall be claimed from you.
- That you will use the services provided by Spiceplaza.com, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
- You will provide authentic and true information in all instances where such information is requested of you. Spiceplaza.com reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Spiceplaza.com has the right in its sole discretion to reject the registration and debar you from using the Services of Spiceplaza.com and / or other affiliated websites without prior intimation whatsoever.
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
- That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You may not use the Site for any of the following purposes:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence , results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person's use or enjoyment of the Site.
- Breaching any applicable laws.
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
Indemnity
You agree to defend, indemnify and hold harmless Spiceplaza.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Spiceplaza.com or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination
This User Agreement is effective unless and until terminated by either you or Spiceplaza.com. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Spiceplaza.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Spiceplaza.com. Upon any termination of the User Agreement by either you or Spiceplaza.com, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Spiceplaza.com’s right to any comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement. Limitation of Liability and Disclaimers The Site is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Site.
Site Security
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
- Attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;"
- Sending unsolicited email, including promotions and/or advertising of products or services; or
- Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Spiceplaza.com will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Spiceplaza.com on this Site and other than generally available third party web browsers (e.g., Microsoft Explorer).
Entire Agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Spiceplaza.com with respect to the Spiceplaza.com sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Spiceplaza.com with respect to the Spiceplaza.com sites/services. Spiceplaza.com's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
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Spice Plaza Inc.
108-09 101 Avenue New York, 11432
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