Terms of Service
OVERVIEW
The website https://jamesferreira.co.in/ is operated by James Ferreira. Throughout the website, the terms “we”, “us” and “our” refer to James Ferreira. James Ferreira offers this website, including all information, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our website 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 our 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 our Terms of Service. If you do not agree to this agreement’s terms and conditions, you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to our Terms of Service. You can review the most current version of our Terms of Service at any time on this page. We reserve the right to update, change or replace any part of our 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.
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
(b) changes to conform and adapt to the 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 permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
MODIFICATION OF PRICES
Prices for our products are subject to change without notice. Based on specific reasons we are subjected to modify the price of the product anytime.
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.
Or 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.
PROPRIETARY RIGHTS
All the designs, products, images, and other contents on the website are owned by James Ferreira. You may not resell, reproduce, or copy our product.
Certain products or services may be available exclusively online through our 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 as accurately as possible. But we cannot guarantee that your computer monitor’s display of any color 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.
THIRD-PARTY RIGHTS
It is agreed that any third party who is not in any contract between Us shall not be allowed to rely on.
PERSONAL INFORMATION
Submission of your personal information through the store is governed by our Privacy Policy.
ONLINE STORE TERMS
You may not use our products for any unauthorized or illegal purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transfer any viruses or worms or bugs or any code of a destructive nature. A breach or violation of any of our Terms will result in an immediate termination of your Services.
LIABILITY OF 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 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.
If 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.
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 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.
PROHIBITION OF USE
In addition to other prohibitions as outlined 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 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.
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.
DISCLAIMER OF WARRANTIES
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 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.
LIMITATION OF LIABILITY
In no case shall James Ferreira, 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, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.
SEVERABILITY
If 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.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless James Ferreira 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.
TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
Our Terms of Service are effective unless and until terminated by either you or us. You may terminate ourTerms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or if we suspect that you have failed, to comply with any term or provision of our 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;/or accordingly may deny you access to our Services (or any part thereof).
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 website 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.
GOVERNING LAW
Without regard to its conflict of law principles, the laws of India will govern these terms to the contrary. You, hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of Mumbai, Maharashtra.
By using this website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or because of these terms. You hereby waive any right to trial by jury arising out of these terms.
CHANGES IN TERMS OF SERVICE
You can review the most updated version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to change/replace, or update any part of our 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.
CONTACT INFORMATION
Questions about our Terms of Service should be sent to us at info@jamesferreira.co.in