Terms of Use Website

 

Note: We reserve the right the change these terms of use from time to time and you should look through them as often as possible.

Your use of this Site indicates your acceptance of the Terms of Use, please read the Terms of Use carefully.

We provide the Site as a venue for people to access information and place orders for items that are offered for sale by us through the ShaGha website.  The use of this site is governed by these terms and conditions and the privacy policy.

You (User, you, your) indicate your acceptance of these Terms of Use by accessing, using, and/or placing an order for Items using the Site.

Accuracy of Color - We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, as the actual colors you see will depend on your monitor's resolution, we cannot guarantee that your monitor's display of any color will accurately reflect the color of the product on delivery.

Variation of these Terms of Use - We may make changes to this Site and these Terms of Use at any time. If we change these Terms of Use, we will publish an updated version under the 'Terms of Use' link on the Site.

Your access or use of the Site after an updated version of these Terms of Use has been made available on the Site indicates your acceptance of the updated Terms of Use.

These Terms of Use shall replace any subsequent terms or conditions included by you with any purchase order for Items using the Site, whether your terms or conditions are signed by us.

Accounts and Passwords - If you create an account for using any of the services or features available on the Site, you are responsible for all use of your username and/or password and must keep these details secure.

We may close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) which disrupts any of our services or is an attempt to hide the use of multiple accounts. If you use multiple logins to disrupt the Site or other users, you may have action taken against all of your accounts.

Responsibility for Your Content - You create an account and provide us with Your Content at your own risk and you are personally responsible and liable for Your Content.

Your Content, you acknowledge that it does not contain any confidential information and may be seen by others.  We have discretion in the use of Your Content on the Site.

We are not obliged to use, maintain or display Your Content on the Site. If we do use Your Content we may use it to publicize and promote us and the Site. You are not entitled to any payment from us for Your Content or our use of it.

Prohibitions on Your Content - Your Content must not include anything which:

• You do not have the right to disclose under law or an obligation you have to a third party (such as confidentiality agreements);
• Reveals your or another person's identity or sensitive information, such as names, email addresses, phone numbers, or addresses;
• In, fringes or can infringe rights, including intellectual property rights (such as copyrights and trademarks of others); or
• Is or can be taken by any others as being harmful, threatening, abusive, harassing, vulgar, obscene, invasive of privacy, immoral, or, otherwise offensive or illegal.

If you fail to abide by these prohibitions on your content, you may receive an email from us informing you why your content has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against your account or accounts. This action may include any content posted by you being checked before allowed to go on the site or a temporary or permanent suspension of your ability to participate in any or all areas.

Our use of Your Content - By submitting Your Content through the Site, you grant us (our successors and our related bodies corporate, partners and their successors) a royalty-free, irrevocable, non-exclusive license to use in any way, license all of your content in any medium (including but not limited to the Site), by any means and for any purpose (including commercial purposes), and to authorize others to do so.

Our successors, assignees, and licensees may do or omit to do anything to your content that may infringe your moral rights in Your Content, including editing, altering, and reproducing Your Content in any manner or context, in perpetuity throughout the world.

Monitoring, modification, and removal of Content - We do not monitor, verify, approve, endorse, sanction, encourage, support, or agree with Your Content or User Content including without limitation any comments, opinions, or statements submitted, uploaded, or otherwise posted on the Site.

We may, but have no obligation to, amend, supplement, delete, or update Our Content, Your Content, or User Content, without notifying you and at our sole discretion. However, we may remove any defamatory, misleading, false, offensive, or otherwise illegal material (including in Your Content) that we become aware of, without notifying you.

No Illegal Use - You must not use the Site in any manner or for any illegal purpose.

Our Content - All materials displayed on the Site, including without limitation, all text, graphics, advertisements, names, logos, trademarks, applications, and software (whether registered or not) (Our Content) are our property or the property of their respective owners (including our licensors and other Users) and are protected by copyright, trade mark, and other intellectual property laws.

You may use Our Content for your personal, non-commercial purposes, such as to obtain information about Items and/or place an order for items using this Site.  Except where the law expressly allows, you may not use, reproduce, modify, distribute, post, transmit, distribute, publish, or create derivative works from, or use for any commercial purpose, any part of Our Content.

To the extent allowed by law, we do not guarantee the accuracy, completeness, security, or currency of Our Content or User Content and we have no liability to you for your use or reliance on Our Content or User Content.

Any unauthorized use of the materials appearing on this Site may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

We reserve all other rights not expressly granted.

Outbound Links - The Site may contain hyperlinks to sites operated by third parties (including social media sites or linked sites). Access to Linked Sites is provided for convenience only and you are responsible for deciding whether you want to use a

Linked Site - You access these sites and use or buy their products and services solely at your own risk.

When you access and use Linked Sites, you are subject to their terms and conditions of use. We do not control or endorse and are not responsible for any features, content, Products, or other materials on or available from a Linked Site. Any rights, claims, or actions you may have in respect of a Linked Site can only be brought directly against the owners or operators of the Linked Site.

We may receive payments and/or commissions from owners or operators of Linked Sites and you will not have any claims, benefits, or rights on these payments.

Liability and Indemnity - To the extent permitted by law, our staff excludes all liability to you in connection with the Site. You indemnify and hold us harmless for any claims, loss, or damage however arising, (whether in negligence or otherwise) in connection with:

• your failure to comply with these Terms of Use;
• your use, misuse of reliance on the Site, Our Content, User Content, or Linked Sites;
• your Content, including its use, misuse, or misappropriation; or
• any other acts or omissions by you.

Site Disclaimers - We do not accept responsibility for any interference, loss, or damage to your data, computer system, or mobile device which arises in connection with your use of the Site. Although reasonable precautions have been taken, we do not guarantee that access to the Site will be uninterrupted, that there will be no failures, errors or omissions, or loss of transmitted information, or that no viruses will be transmitted on the Site.

Termination - We may terminate your access to the Site (or any part of it) at any time without reason and notice. These Terms of Use survive any such termination.

Force Majeure - We will not be liable for any delay in performing any of its obligations if the delay is caused by circumstances beyond its reasonable control, such as failure of or interruption in the provision of essential services such as electricity supply, bank payment systems, or postal deliveries.

Transfer and Assignment - If we merge with, sell to, or otherwise change control of its business or the Site, we may, without giving you notice or seeking your consent, transfer or assign to a third party, personal information, content, and rights that we have collected from you and any agreements it had made with you in connection with your use of the Site.

Severability - If any part of these terms is found to be void, invalid, unlawful, or unenforceable, then that part will be severed from these terms and the remaining terms will remain in force and comprise the agreement between you and us.

Waiver - The failure by us to exercise or enforce any right or provision under these terms will not constitute a waiver of the right or provision. Any waiver of any provision under these terms will only be effective if it is in writing and signed by us.

Jurisdiction - These Terms of Use are governed by the laws in force in Ontario, Canada and you submit to the non-exclusive jurisdiction of the courts in that place.

If you access this Site in a jurisdiction other than Canada you are responsible for compliance with the laws of that jurisdiction, to the extent that they apply.  We make no representations that the content of the Site complies with the laws of any country outside Canada.

Contacting Us - If you have any questions about these Terms of Use, please contact us via email.