Terms & Conditions

OVERVIEW

The websites www.shop@mapayah.shopify.in and www.mapayah.com are owned and operated by Mapayah, a partnership firm having a registered office at A346, Antop Hill Warehousing Co. Ltd., VIT College Road, Wadala (E), Mumbai 400037, INDIA. Throughout the site, the terms “we”, “us” and “our” refer to Mapayah. Mapayah provides website features and other products and services to you when you visit or shop on this website (the “Service”).

The Service is provided subject to the following terms and conditions (the “Terms”). By visiting this website and/or purchasing something from us through this website, you agree to be bound by the Terms, including any additional terms and conditions and policies referenced herein and/or available by hyperlink.

Please read the Terms carefully before using our website.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms. They shall not be taken into account in the interpretation of the provisions of these Terms.

GENERAL CONDITIONS

You represent that you are at least the age of majority in your state or province of residence. While we sell children's products, we only offer them for purchase to adults. Minors may use our Service only under the supervision of a parent or guardian.

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 may not extract, reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, and in particular but without limitation, this website and the products and services offered, without our express prior written consent.

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 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.

MODIFICATIONS

We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice. All descriptions of products or product pricing are subject to change at anytime without notice.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service, or any part or content thereof.

PRODUCTS OR SERVICES

We reserve the right to limit the quantities of any products or services that we offer. We have made every effort to display the colors and images of our products as accurately as possible. We cannot guarantee that your computer monitor's display of any color is accurate.

We reserve the right to limit the Service or the sales of our products to any person, geographic region or jurisdiction.

An order placed through this website constitutes an offer to us to buy the product(s). An order confirmation sent via e-mail does not constitute acceptance of your offer to buy the product(s). Your offer is accepted and the contract concluded when and if the product(s) is/are sent to you and you receive a confirmation e-mail that the item(s) has/have been dispatched.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities ordered 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, you will be informed by e-mail and, in the event of a cancellation, you will not be charged for those products.

Should any products ordered be unavailable, you will be informed by e-mail and you will not be charged for those products.

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.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

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.

You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer and devices. You are solely responsible for all activities carried out under your account or password.

PRICES AND CUSTOMS

All prices include legally applicable Taxes. They are subject to change without notice.

Currently, we only accept online orders for shipments within India. For international shipping addresses, please contact us at mail@mapayah.com and we will address each order individually.

When ordering products for delivery outside of India, you may be subject to import duties and taxes. Any additional charges for customs clearance must be borne by you. We have no control over these charges.

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).

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 nor are we liable or responsible, 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 carefully review the third-party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the relevant third-party.

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 to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates intellectual property or these Terms.

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.

PERSONAL INFORMATION

Your submission of personal information through the website, and in particular the store, is governed by our Privacy Policy.

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 refuse orders if any information in the Service or on any related website or 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 should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, 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 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 our website or any related website, other websites, or the Internet.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of the 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.

Under no circumstances shall Mapayah, its partners,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. To the extent that this exclusion or limitation of liability were determined to be unlawful, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Mapayah and our parent, subsidiaries, affiliates, partners, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

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

TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Service, or by ceasing to use 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, we may also 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 Service (or any part thereof).

ENTIRE AGREEMENT

Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitute 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).

GOVERNING LAW

These Terms and any separate agreements whereby we provide you the Service shall be governed by and construed in accordance with the laws of India or deemed regulatory authority. 

CHANGES TO TERMS

We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.