Terms Of Service
OVERVIEW
This website is operated by Simply Inked. Throughout the site, the terms “we”,
“us” and “our” refer to Simply Inked. Simply Inked 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 stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and conditions
and policies referenced herein and/or 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.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. 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.
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.
Our store is hosted on Shopify. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, 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 us your
consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the
use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws). 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 Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service 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 Service, use of the Service, or access
to the Service or any contact on the website through which the service is
provided, without express written permission by us. The headings used in this
agreement are included for convenience only and will not limit or otherwise
affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site 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
site is at your own risk. This site may contain certain historical information.
Historical information, necessarily, is not current and is provided for your
reference only. We reserve the right to modify the contents of this site at any
time, but we have no obligation to update any information on our site. You
agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the
right at any time to modify or discontinue the Service (or any part or content
thereof) without notice at any time. We shall not be liable to you or to any
third-party for any modification, price change, suspension or discontinuance
of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy. We have
made every effort to display as accurately as possible the colors and images
of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate. We reserve the
right, but are not obligated, to limit the sales of our products or Services to
any person, geographic region or jurisdiction. We may exercise this right on a
case-by-case basis. We reserve the right to limit the quantities of any products
or services that we offer. All descriptions of products or product pricing are
subject to change at any time without notice, at the sole discretion of us. We
reserve the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where prohibited. We 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 Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or
per order. 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 we make a change to or
cancel an order, we may attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account
information for all purchases made at our store. You agree to promptly update
your account and other information, including your email address and credit
card numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input. You acknowledge and agree that we
provide access to such tools “as is” and “as available” without any warranties,
representations or conditions of any kind and without any endorsement. We
shall 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
site 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). We 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 of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties. Third-party links on this site may direct you to
third-party websites that are not affiliated with us. We are not responsible for
examining or evaluating the content or accuracy and we 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. We
are 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.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise use
in any medium any comments that you forward to us. We are 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. We may,
but have no obligation to, monitor, edit or remove content that we determine in
our sole discretion are unlawful, offensive, threatening, libelous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s
intellectual property or these Terms of Service. 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 Service or any related website. You may
not use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third-parties as to the origin of any comments. You
are solely responsible for any comments you make and their accuracy. We
take no responsibility and assume no liability for any comments posted by you
or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
SECTION 11 – MESSAGING
You agree to receive recurring automated promotional and personalized
marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from
Simply Inked, including text messages that may be sent using an automatic
telephone dialling system, to the mobile telephone number you provided when
signing up or any other number that you designate. Consent to receive
automated marketing text messages is not a condition of any purchase. Msg
& Data rates may apply.
Message frequency will vary. Simply Inked reserves the right to alter the
frequency of messages sent at any time, so as to increase or decrease the
total number of sent messages. Company also reserves the right to change
the short code or phone number from which messages are sent and we will
notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may
not be deliverable in all areas. Company, its service providers and the mobile
carriers supported by the program are not liable for delayed or undelivered
messages.
You also agree to our Privacy Policy
We are able to deliver messages to the following mobile phone carriers: Major
carriers: Airtel, Reliance Jio, Vodafone Idea.
CUSTOMER CARE
If you are experiencing any problems, email at sales@simplyinked.com
CONTACT
This message program is a service of Simply Inked, located at A 25/ 53, A
Block, Middle Circle, Connaught Place, New Delhi 110001, INDIA
DISPUTE RESOLUTION
1. General. In the interest of resolving disputes between you and Simply
Inked in the most expedient and cost-effective manner, you and Simply
Inked agree that any dispute arising out of or in any way related to these
messaging terms and conditions (“Messaging Terms”) or your receipt of
text messages from Simply Inked or its service providers will be
resolved by binding arbitration. Arbitration is less formal than a lawsuit
in court. Arbitration uses a neutral arbitrator instead of a judge or jury,
may allow for more limited discovery than in court, and can be subject
to very limited review by courts. Arbitrators can award the same
damages and relief that a court can award. This agreement to arbitrate
disputes includes all claims arising out of or in any way related to these
Messaging Terms, or your receipt of text messages from Simply Inked
or its service providers whether based in contract, tort, statute, fraud,
misrepresentation, or any other legal theory, and regardless of when a
claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO
THESE MESSAGING TERMS, YOU AND SIMPLY INKED ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A
CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE
SUBJECT TO AND GOVERNED BY ARBITRATION ACT. AS PER REPUBLIC
OF INDIA.
2. Exceptions. Notwithstanding subsection (a) above, nothing in these
Messaging Terms will be deemed to waive, preclude, or otherwise limit
the right of you or Simply Inked to: (i) bring an individual action in small
claims court; (ii) pursue an enforcement action through the applicable
federal, state, or local agency if that action is available; (iii) seek
injunctive relief in aid of arbitration from a court of competent
jurisdiction; or (iv) file suit in a court of law to address an intellectual
property infringement claim.
3. Arbitrator. Any arbitration between you and Simply Inked will be
governed by the Arbitration Act as per Republic of INDIA, or by
contacting Simply Inked. The arbitrator has exclusive authority to
resolve any dispute relating to the interpretation, applicability, or
enforceability of this binding arbitration agreement.
4. Notice; Process. If you or Simply Inked intends to seek arbitration, then
the party seeking arbitration must first send a written notice of the
dispute to the other party by Mail (“Notice”). Simply Inked address for
Notice is: A 25/53, A Block, Middle Circle, Connaught Place, New Delhi,
110001, INDIA Attn: Chief Executive Officer. The Notice must: (i)
describe the nature and basis of the claim or dispute; and (ii) set forth
the specific relief sought (“Demand”). You and Simply Inked will make
good faith efforts to resolve the claim directly, but if you and Simply
Inked do not reach an agreement to do so within 30 days after the
Notice is received, you or Simply Inked may commence an arbitration
proceeding. You and Simply Inked agree that such written decision, and
information exchanged during arbitration, will be kept confidential
except to the extent necessary to enforce or permit limited judicial
review of the award. The arbitrator may make rulings and resolve
disputes as to the payment and reimbursement of fees or expenses at
any time during the proceeding and upon request from you or Simply
Inked made within 14 days of the arbitrator’s ruling on the merits.
5. No Class Actions. YOU AND SIMPLY INKED AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL
CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless
both you and Simply Inked agree otherwise in a signed writing, the
arbitrator may not consolidate more than one person’s claims, and may
not otherwise preside over any form of a representative or class proceeding.
6. Modifications to this Arbitration Provision. Notwithstanding anything to
the contrary in these Messaging Terms, if Simply Inked makes any
future change to this arbitration provision, other than a change to
Simply Inked address for Notice, you may reject the change by sending
us written notice within 30 days of the change to Simply Inked address
for Notice, in which case this arbitration provision, as in effect
immediately prior to the changes you rejected, will continue to govern
any disputes between you and Simply Inked.
7. Enforceability. If an arbitrator decides that applicable law precludes
enforcement of any of the limitations of subsection (f) above
(addressing class, representative and consolidated proceedings) as to a
particular claim for relief, then that claim (and only that claim) must be
severed from the arbitration and brought in court. If any other provision
of these Messaging Terms is found to be unenforceable, the applicable
provision shall be deemed stricken and the remainder of these
Messaging Terms shall remain in full force and effect.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel
orders if any information in the Service or on any related website is inaccurate
at any time without prior notice (including after you have submitted your
order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site 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 our 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 Service 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 Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related
website for violating any of the prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you. You
expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through the
service are (except as expressly stated by us) 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 simply inked, 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 service, 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.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Simply Inked 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.
SECTION 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, and 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.
SECTION 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
or us. You may terminate these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we 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 our Services (or any part thereof).
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on
this site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding 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.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
Repulic of India.
SECTION 20 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at
this page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the
posting of any changes to these Terms of Service constitutes acceptance of
those changes.
SECTION 21 – CONTACT INFORMATION
Any questions or concerns we are available through the information below
Simply Inked
Registered office:
A 25/ 53, A Block, Middle Circle, Connaught Place, New Delhi 110001, INDIA