Terms & Conditions
TERMS AND CONDITIONS
- Background
Welcome to Ishti The Queen of Spiritual (“Company”, “we”, “our”, “us”).
The following terms and conditions (“Terms”, “Terms of Service”) govern the use of the website “ishti.co” (together or individually “Service”) operated by Ishti The Queen of Spiritual.
The Privacy Policy governing the use of our Service explains how certain information is collected, safeguarded and disclosed generated by the use of our web pages.
These Terms and Conditions together with our Privacy Policy constitute legally binding agreements (“Agreements”) and you explicitly acknowledge having read and understood these Agreements.
If you do not agree with these Agreements or believe that you may not be able to adhere to them, you may not use our Service. You are however encouraged to share with us the reasons thereof by emailing us at ishtilife@gmail.com to enable us to find a solution for you. This Agreement applies to all visitors and users accessing or using our Service.
- Promotion and marketing material
Unless specifically denied, you shall be deemed to have agreed to have subscribed to our newsletters, promotion and marketing material and such other information that we may send to you. You may at any time opt out of receiving any or all communications from us by clicking on the unsubscribe link and following the instructions or by emailing us at ishtilife@gmail.com.
- On-line transactions
Should you wish to avail any service or purchase any product (“Goods”) through Service (a “Purchase”), you may be required to supply certain information relating to your intended Purchase including but not limited to credit or debit card details, your billing and shipping address etc., and in this regard, you expressly represent and warrant that:
- you have the legal right to use the card(s) or such other payment method(s) used by you in connection with your Purchase; and
- the information supplied by you is complete and factually accurate.
It is imperative for us to use some third party services for receiving payment for completing your Purchase and by submitting the required information, you grant us the explicit right to share your information with such third parties under our Privacy Policy.
Our right to refuse or cancel your order at any time is paramount and reserved by us due to availability and/or delivery constraints, error(s) in description or price of the ordered Product or service, error(s) in placing or receiving the order or for other unavoidable reasons. We further reserve the right to refuse or cancel your order in case of suspected fraud or suspected unauthorized or illegal transaction.
- Refunds
Permissible refunds may be granted in accordance with the terms governing the same.
- Content
All information found on www.ishti.co or through this Service is the property of Ishti The Queen of Spiritual. Any use, distribution, modification, transmission, reuse, download, repost, copy thereof in whole or in part for any purposes whatsoever is expressly prohibited. Should you require to use the same for any commercial purpose(s) or for personal gain, express advance written permission may be sought from us before its use.
- Promotions, Contests and Sweepstakes
Any contest(s), sweepstake(s) or promotion(s) (collectively, “Promotions”) are governed by separate rules. Your participation in any such Promotions is purely voluntary and the terms governing the same shall override these Terms and Conditions.
- Prohibited Uses
Service are to be used only for lawful and permitted purposes under these Terms and Conditions and you expressly agree not to use the Service:
In violation of applicable national or international law(s) or regulation(s);
For actual or attempted exploitation or harm of minors in any way whatsoever by exposing them to inappropriate content or otherwise.
To generate and transmit for advertising any promotional material as “junk mail”, “chain letter,” “spam,” or like solicitation.
For impersonation and/or to damage or falsify the goodwill or prestige of ishti.co, its employee(s), any user, person or entity.
That in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
That in any way engages or intends to engage in conduct that restricts or inhibits anyone’s use or enjoyment of Service, or that may be determined by us to cause harm or offend the Company or the users of Service or render them liable for anything whatsoever.
In any manner that does or is even remotely capable of damaging, impairing, affecting, disabling, overburdening or in any way interfering with anyone’s right and ability to engage real time in activities available through the Service.
By the use of any automatic or manual device, spider, robot, process(es), software or other means for copying or monitoring any material or for any other purpose whatsoever that interferes or is likely to interfere with its proper working without our prior written consent.
To infect or introduce technologically or otherwise any harmful and malicious logic bombs, worms, viruses, trojan horses etc.,
To disrupt, damage or interfere with any part(s) of Service, the server or other associated servers, computers or cloud connected with Service is stored and/or for gaining access thereto with malicious intent or otherwise such as but not limited a ‘denial-of-service’ or a ‘distributed denial-of-service’ attack or otherwise attempt to disrupt the proper working of Service.
- User Analysis
Use of Service may be monitored using third-party Service Providers for analysis.
- Minors not to access or use Service
Service is intended to be accessed by adults only i.e. by individuals who are at least eighteen (18) years old. The user warrants and represents that s/he is eighteen (18) years of age or above and is competent and has full authority and right to enter into this agreement. The user further explicitly agrees to abide by all the terms and conditions related to Service.
Minors and persons below the age of eighteen (18) years are prohibited from accessing and using Service.
- Account creation
The user creating an account guarantees and confirms to be above the age of 18 years and to have provided accurate, complete and current information and accepts responsibility to maintain confidentiality of the account created and password generated against misuse. The user agrees to safeguard her/his information and accepts full responsibility for any and all activities or actions that occur under the account and/or the password securing the account. Any breach or suspected breach of security or unauthorized use of your account may be immediately brought to our notice for blocking the account.
A username that is offensive, obscene or vulgar or one that is not lawfully available for use shall not be used by you nor shall any name or trademark that is subject to any rights reserved by another person or entity other than the user be used without appropriate authorization for which the user shall be solely responsible and liable.
The absolute right to refuse service, terminate any account(s) and remove or cancel any orders in our sole discretion is specifically reserved.
- Intellectual Property Rights
Service, its original content, functionality of the website with features are and shall always remain the exclusive property of Ishti The Queen of Spiritual. Service is protected by copyright, trademark, and other laws including laws of foreign countries. Any copying, duplication or other unauthorized use thereof in connection with any other product or service is strictly prohibited.
- Copyright Policy
Ishti upholds and respects the intellectual property rights of others and has a policy of promptly responding to any claim that the Content posted on Service infringes or is likely to infringe the copyright or other intellectual property rights (“Infringement”) of any person or entity. Should you be a copyright owner, or authorized on behalf of one, and you believe that your copyrighted work has in any way been compromised that constitutes a copyright infringement, please write to ishtilife@gmail.com including in the subject line: “Copyright Infringement” with the details of the alleged Infringement as provided for under the Digital Millennium Copyright Act (DMCA), 1998.
Please note that you will hold yourself accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
- Error Reporting and Feedback
You are encouraged to provide us (voluntarily) with information and feedback on errors, make suggestions for improvements, new ideas, problem areas, lodge complaints and other matters related to our Service (“Feedback”). You confirm that: (i) your feedback will not entitle you to retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback provided, if any since Ishti may already have development ideas similar to your Feedback; (ii) Feedback shall not contain confidential information or proprietary information about yourself or of any third party; and (iii) Ishti shall be under no obligation of confidentiality with respect to your Feedback.
Should any transfer of ownership in your Feedback not be possible due to applicable laws, you shall be deemed to have granted Ishti the exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use, copy, modify, create derivative works, publish, distribute and commercialize your Feedback in any manner and for any purpose as deemed appropriate by Ishti.
- Links To Other Web Sites
Service may contain links to other third party web sites or services that are not owned or controlled by Ishti The Queen of Spiritual over which we have no control and assume no responsibility whatsoever for the content, privacy policies, or practices of such third party web sites or services and in no way warrant the offerings of any of these entities or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF THE CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF SUCH THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
- Warranty Disclaimer
SERVICES ARE PROVIDED BY ISHTI ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED REGARDING THE OPERATION OF SERVICES, INFORMATION, CONTENT OR MATERIALS INCLUDED. THE USER EXPRESSLY CONFIRMS USE OF SERVICES, THE CONTENT AND OTHER ITEMS OBTAINED AT ITS SOLE RISK.
NO WARRANTY OR REPRESENTATION WHATSOEVER IS MADE FOR THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF SERVICES AS BEING ERROR-FREE OR UNINTERRUPTED. NO REPRESENTATION IS MADE FOR CORRECTION OF DEFECTS OR WHETHER THE CONTENTS WOULD BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND THAT THE SERVICES AND THE ITEMS OBTAINED THROUGH THE SERVICES WILL MEET EXPECTED STANDARDS.
ISHTI DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE OF THE PRODUCTS OBTAINED THROUGH SERVICE FOR MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PURPOSE WHATSOEVER OTHER THAN THOSE NOT EXCLUDABLE UNDER APPLICABLE LAW.
- Limitations of Liability
THE USER SHALL HOLD ISHTI, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER ARISING (INCLUDING FOR ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE.
ANY VIOLATION BY THE USER OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF ISHTI WOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, SHOULD THERE BE ANY LIABILITY ATTRIBUTABLE TO ISHTI, THE SAME SHALL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE ANY PUNITIVE OR CONSEQUENTIAL DAMAGES BY THIS AGREEMENT BETWEEN ISHTI AND THE USER.
- Termination
User’s account may be terminated and access barred immediately, without notice or liability, under Ishti’s sole discretion, for any reason whatsoever without limitation for breach of the Terms and conditions of use. Should user wish to terminate his/her account, simply discontinue using Service.
All provisions of the Terms which by their nature survive termination shall survive termination, including, ownership provisions, warranty disclaimers, indemnity and limitations of liability without limitation.
- Governing Law
These Terms shall be governed and construed in accordance with the laws of Mumbai, Maharashtra, India without regard to its conflict of law provisions.
Any failure to enforce any right or provision of these Terms by Ishti cannot be considered as a waiver of such rights and such provisions of these Terms that may be held to be invalid or unenforceable by any competent Court shall not invalidate the remaining provisions of these Terms that shall remain in full effect and enforceable. These Terms constitute the entire agreement between Ishti and the User and supersede and replace all prior agreements regarding Service between the User and Ishti.
- Changes To Service
Ishti reserves the right to withdraw, amend Service or material provided via Service at its sole discretion without notice. There shall be no liability of any kind and reason if the Service and any part thereof is unavailable at any time or for any extended period of time. Some Services may be restricted by Ishti from time to time at its sole discretion. .
- Amendments To Terms
The Terms may, at any time be amended terms on the site and the user may review the same periodically from time to time as the same are binding on the user.
Your access to our Service after any revisions of the Terms are binding on you. Should you not agree to the revised terms, you will be considered to be an unauthorized user.
- Waiver and Severability
No waiver of any particular term or condition in the Terms shall be deemed as a continuing waiver of such term or condition and no failure by Ishti to assert a right or provision under the Terms shall constitute a waiver of such right or provision by Ishti. Any particular provision held by a competent Court to be invalid, illegal or unenforceable for any reason, shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
- Acknowledgement
BY USING SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ ALL THESE TERMS OF SERVICE AND IRREVOCABLY AGREE TO BE BOUND BY THEM.
- Contact Us
Please contact ishtilife@gmail.com for your feedback, comments, requests for technical support or for any other purpose.