Terms of service
www.skyroots.in (hereinafter referred to as ‘Website’) is owned by SkyRoots Ventures LLP (hereinafter referred to as ‘Owner’). By using any website and/or the mobile application owned and operated by SkyRoots Ventures LLP i.e. www.skyroots.in, you agree to be bound by these terms. The purpose of the Website is to provide knowledge and services to sailing Jowar, Bajara & other Millets products to its users it also includes Gluten-free food products to promote and support healthy, active and holistic lifestyle by successfully managing medical conditions. The products are meant and supportive of conditions like obesity, diabetes, autism, celiac disease, and cancer. The website aims to sell products and to reach out to target consumers/users through a website on established laws. (hereinafter referred collectively as ‘Services’).
By accessing this Website/mobile application, a user and/or Subscribed user agrees to abide by and bound by the Terms and Conditions of the Website and the mobile application. The Terms and Conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of the Website by a User or a Subscribed User. Please read this Agreement carefully. A User or a Subscribed User is advised to regularly check for any amendments or updates to the terms and conditions from time to time.
The Website reserves the right to modify the terms and conditions of the Service Agreement (“Terms of SERVICE”) and Disclaimer without any prior notification. A User or a Subscribed User is advised to regularly review the Terms of Service. If a User or a Subscribed User does not agree with any of the Terms and Conditions and any amendments thereto, the User or the Subscribed User must not use this Website and/or Services.
These Terms and Conditions constitute a binding legal agreement between the Owner and User or Subscribed User(s) and govern legal rights, remedies, obligations and various other terms like limitations, jurisdiction, applicable law etc.
The Agreement between a User/Subscribed User and the Website shall be subject to the following Terms and Conditions:
1.Definitions
The terms wherever used shall unless contrary, carry the meaning as given under:
- “Agreement” means the Terms and Conditions contained herein along with any Privacy Policy of any other Websites/portals whose links are provided on the Website. It shall also include reference to this Agreement as and when amended, novated, supplemented varied or replaced.
- “User” means and includes any person who visits the Website to see the various Services/products available which are displayed on the Website.
- “Subscribed User” means and includes any person who registers with the Website by providing his/her/their name, phone number, e-mail ID, the location of sales, address, GST, PAN and other information based on the services the users need from the Website along with the payments.
2.Eligibility, Registration, and Termination
The User may use the Website for enlightening themselves with a variety of information, resources, articles, ideas and other Services provided by the Website. A User may become a Subscribed User only once he/she/they register themselves on the Website.
The account formation is a process while creating an account, the user is required to provide his/her/their personal information such as full name, mobile number, e-mail ID, location/address, and other information based on the services he/she/they need from the Website.
The Subscribed User agrees that the information provided by him/her/them at the time of registration is true, complete and correct and that any change in the information will be updated to the Owner with immediate effect of the change. If the information details are found not to be true (wholly or partly), the Owner of the website has the right in its sole discretion to reject the registration and debar the Subscribed User from using the Services of the Website and/or other affiliated websites without prior intimation whatsoever.
The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any User’s or Subscribed User’s account at any time, for any reason, without notice, including when the User or the Subscribed User fails to abide by these Terms and Conditions or any other policy or terms posted anywhere on the Website.
The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any User or Subscribed User’s account at any time if any User or Subscribed User-
- Uploads pornographic contents/photos/videos/links on the Website.
- Uploads any detrimental or offensive contents/photos/videos/links or offensive comments/photos/videos/links pertaining to religion on the Website.
- Any content that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable.
A User or a Subscribed User may be prohibited from creating a new account if he/she/they has/have been previously terminated as per the above-mentioned circumstances or for any other reason whatsoever objectionable by the Owner.
3.Payment
The Subscription Fees shall be paid by the User on demand. All payment/s for the paid services offered by the owner shall be on a 100% advance basis. All services and products are non-refundable in nature. The payment for service once subscribed to by the subscriber, shall not be refunded and any amount paid shall stand appropriated. In case of paid services where the subscription fees accrue, it shall be payable at the time of availing the paid services in advance for which an invoice and payment receipt shall be sent to the subscriber in his account by email.
In case the user disputes the same for any reason whatsoever, the user shall make the payment towards the Subscription Fees accrued subject to the decision of the Company on the dispute. In the event of Company’s deciding the dispute in the User’s favor, the Company shall refund to the User any excess amount paid by the User free of interest.
4.Use of Contents and restrictions of a User or a Subscribed User
A User or a Subscribed User agrees not to display, upload, modify, publish, transmit, update, share or otherwise make available on the Website, any content and/or material that is unlawful, unsolicited including unsolicited messages, e-mails, and/or material which contains viruses, trojans, worms, files or software intended to interrupt, corrupt, destroy, limit the use, access or functionality of the Website.
A User or a Subscribed User also agree not to display, upload, modify, publish, transmit, update, share or otherwise make available on the Website, any content and/or material that is harmful, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic, abusive, invasive of another person’s privacy, hateful or racially, ethnically objectionable, disparaging or relating to or encouraging money laundering or gambling etc.
A User or a Subscribed User agree not to display, upload, modify, publish, transmit, update, share or otherwise make available any content and/or material which is in violation of patents, trademark, copyright or any other proprietary rights of other person/people.
5.Conduct of a User or a Subscribed User
A User or a Subscribed User accept and agree that he/she/they are entirely responsible for compliance of all the laws, rules or regulations etc. that applies to a User or a Subscribed User’s use and/or access of the Website or Services.
The correctness of the data provided by the user to the website shall be the sole responsibility of the user. The owners rely on the data provided by the user and however the owner’s reserve the right to check the concreteness of the data provided by users. Any compliance, license, permits, legal prerequisite, hereinafter collectively referred as “permissions”, for using the services of this website is the liability of the user and the user shall obtain such permissions at its own cost.
6. Applicable laws and Jurisdiction
These terms shall be governed, interpreted and construed in accordance with the laws of the Republic of India applicable from time to time. The Website and the User or the Subscribed User agree to submit to the exclusive jurisdiction of courts located in Pune (M.S.) India for any claims, actions, demands, suits, disputes arising out of and/or in connection with Services and products provided by the Website/Owner. The User or Subscribed User shall comply with all applicable local, state, national and foreign laws including laws on taxation relating to the use of the Services.
7. Limitation of Liability
To the fullest extent permissible by law, in no event shall the Owner or its employees, group companies or agents be liable for any direct, indirect, special, consequential damages or damages of any other kind incurred by the User or a Subscribed User or any third party arising out of the User’s or Subscribed User’s access or use or inability to access or use the Website and/or its Services.
The information and Services displayed on the Website or the Services may include inaccuracies or typographical errors. Additionally, a possibility exists that unauthorized additions, deletions, and alterations could be made by third parties to the Website. Although the Owner attempts to ensure the integrity and the accuracy of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the services, photos/videos/links/brochures/magazines/information/articles or any other documents displayed on the Website including their quality.
The Website tries to ensure that the information and Services mentioned on the Website is correct, reputable and of high quality, however, it does not accept responsibility if this is not the case. The Owner or the Website shall not be held liable and/or responsible for any fake identity, fake calls, frauds caused through people through the help of this Website. The Website may provide User or Subscribed User’s information or any other details to third parties for commercial and/or advertisement purpose. However, the Website or the Owner will not be held liable or responsible as to who is receiving the User or Subscribed Users information or any other details.
The Website and/or Owner shall not be held liable and/or responsible for any errors or omissions or for the results obtained from the use of such information or any technical problems a User or a Subscribed User may experience from the information and/or Services displayed on the Website. In any event, the Owner will not be held liable for any loss or damage including without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this Website.
A User or a Subscribed User expressly agrees that the Website and/or Owner are not responsible and/or liable for any threatening, defamatory, obscene, unlawful, harmful, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. A User or a Subscribed User specifically agrees that the Website and/or Owner will not be held responsible and/or liable for any content/data sent using and/or included in the Website or Service by any third party/parties. NOTWITHSTANDING anything contained herein, in any event, the liability of the financial or otherwise, suffered to the Owner of the Website shall be limited to the amount paid by the Subscribed User and shall not exceed the sale value.
8.Disclaimer
Every effort is made to keep the Website up and running smoothly. However, the Owner takes no responsibility for, and will not be held liable for the Website being temporarily unavailable due to technical issues beyond our control.
9.Warranty and Indemnification
This Website is provided by the Owner, on “AS IS” and “AS AVAILABLE” basis without express or implied warranty or condition of any kind. A User or a Subscribed User will use the Website at his/her/their own risk. The Website disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability. The details and/or information provided by the Owner make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Website and/or the information contained on the Website for any purpose. Any relation the User or the Subscribed User places on such information are therefore strictly at his/her/their own risk.
A User or a Subscribed User agree that the Owner is not held responsible or held liable for any transaction between the User or the Subscribed User and third-party providers of third-party websites or services provided through the Website. No advice or information whether oral or in writing received from the User or Subscribed User of the Website shall create any warranty on behalf of the Website in this regard.
A User or a Subscribed User agrees to indemnify, defend and hold harmless the Owner from any suits, claims, losses, fines, penalties, damages, liabilities, demands, expenses including, but not limited to, reasonable legal expenses and accounting fees arising out of and/or in connection with any violation and/or act and/or omission committed and/or alleged to be committed by the User or Subscribed User.
10.Advertisements and Promotional contents
The Owner may promote, advertise goods and/or services of the third party on different pages by displaying the relevant material. The Owner of the Website shall not be held liable or responsible for the advertisements or the contents displayed by the third parties. The Owner may use a User’s or Subscribed User’s e-mail id and name to send advertisements and other promotional contents to them/him/her.
11.Intellectual Property
The User or Subscribed User acknowledge and accept that unless otherwise expressly stated, all the content on the Website including, but not limited to, images, graphics, photos, sounds, music, videos, software, script, information, articles, job postings, magazines, trade names, trademarks, logos, labels, service marks and/or any other proprietary marks are either owned by the Owner or licensed thereto. No information, content or portion uploaded on the Website shall be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purposes not expressly permitted by the Owner. It is the policy of the Website and/or Owner to terminate in its sole discretion, accounts of Subscribed User in appropriate circumstances found repeatedly infringing the rights of Owner of copyright, trademark or other intellectual property rights. The Website, its Services, and all the content are protected by copyright, trademark and other relevant laws of India.
12.Booking Financial Terms
A Subscribed User shall place orders through this system provided by the Website. A Subscribed User is required to log in and purchase the Website’s Services like Bajra Flakes, Jowar Flakes etc. Once the payment is made successfully by the Subscribed User, he/she/they will receive a receipt of payment within 24 hours by email.
13.Disclaimers
The information, contents, and opinions provided on this website are broad guidelines for general information only. They are solely intended to provide information of general nature of the subject matter. The material on this website is not and should not be regarded as legal, financial or advisory.
No advice or/any information, whether oral or/and written, obtained by the User from this website or/and through or/and from the service/s shall create any warranty not expressly stated herein.
This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise therefrom.OVERVIEW
Welcome to My Store! The terms “we”, “us” and “our” refer to My Store. My Store operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). My Store is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
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, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. My Store reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until My Store confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as My Store may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by My Store, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of My Store, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by My Store.
My Store’s names, logos, product and service names, designs, and slogans are trademarks of My Store or its affiliates or licensors. You must not use such trademarks without the prior written permission of My Store. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
My Store is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with My Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and My Store, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with My Store.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be 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 Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm My Store, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY My Store, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL My Store, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - 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 19 - WAIVER; 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 governs 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 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - 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 federal and state or territorial courts in the jurisdiction where My Store is headquartered. You and My Store consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO 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, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at skyrootspune1@gmail.com.
Our contact information is posted below:
[INSERT TRADING NAME]
skyrootspune1@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]
