TERMS & CONDITIONS
Welcome to SensoryTool
SensoryTool and its affiliates provide their services to you subject to the terms and conditions given here under. By visiting www.sensorytool.com, you accept these terms and conditions. In addition, when you use any current or future SensoryTool service (e.g. Your Account/Profile, etc.) or visit or purchase from any business affiliated with SensoryTool, whether or not included in the SensoryTool web site, you will be subject to these guidelines and conditions for such service or business. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order placed or service provided by SensoryTool. By using the shopping services of SensoryTool you agree to be bound by these terms and conditions. All products/services and information displayed on SensoryTool constitute an “invitation to offer”. Your order for purchase constitutes your “offer” which shall be subject to the terms and conditions as listed below. SensoryTool reserves the right to accept or reject your offer.
Your use of the Website and services and tools are governed by the following terms and conditions as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with SensoryTool and these terms and conditions including the policies constitute Your binding obligations, with SensoryTool.
Definitions
“Agreement” means the terms and conditions as detailed herein including all schedules, appendices, annexures, privacy policy, and will include the references to this agreement as amended, negated, supplemented, varied or replaced from time to time.
” SensoryTool ” / SensoryTool ” / ”website ” means the online shopping platform and the services to buy the products listed on the site.
“Vendor” / “seller shall mean the person or any legal entity who offers for sale, sells the products on the SensoryTool platform / website. ”Product/Products” means and includes any goods/merchandise/products/services/offers/display items that are uploaded /showcased/displayed on SensoryTool and the related description, information, procedure, processes, warranties, delivery schedule, etc.
Your Account and Registration Obligations
If You use the Website, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.
Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Website.
You agree that SensoryTool shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where You have failed to update Your revised mobile phone number and/or e-mail address on the Website.
Reviews and Public Communication
SensoryTool may, but is not required to, monitor, edit, delete or disclose the contents of a user’s email or reviews as required for normal maintenance of any of the SensoryTool websites or in the good-faith belief that such action is necessary to:
(1) comply with the law or comply with legal process served on SensoryTool;
(2) protect and defend the rights or property of SensoryTool;
(3) protect the personal safety of other SensoryTool website users or the public; or
(4) to ensure compliance with our Terms and Conditions.
Copyright Infringement
Without limitation, credit card and other personal information, you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party company or advertiser.
Limitation of Liability
The company, its officers, partners, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensers are not liable to you for any incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to SensoryTool websites or SensoryTool content or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in any SensoryTool websites, including without limitation as a result of breach of any term of this agreement. Applicable law many not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In no event will company’s total liability to you for any and all damages, losses, and causes of action arising out of or related to your use of anySensoryTool website, regardless of the form, cause of action or the alleged basis for any claim, exceed the amount paid by you to SensoryTool, if any, for accessing the SensoryTool websites.
Indemnity
You agree that you will indemnify and hold harmless company and its partners, directors, officers, shareholders, and agents from any and all liability arising in connection with your use of the SensoryTool websites, including but not limited to any information or content that you post on any of the SensoryTool websites.
Copyright
COPYRIGHT ©: SensoryTool 2019. All rights reserved. Everything you see or read on the SensoryTool websites is copyrighted unless otherwise noted and may not be used except as provided in these Terms & Conditions or with the written permission of SensoryTool.
Trademarks
The trademarks, logos, and service marks (“Marks”) displayed on the SensoryTool websites are registered and unregistered trademarks of SensoryTool, its affiliates and other respective third parties. Users are prohibited from using any Marks for any purpose including, but not limited to use as meta-tags on other pages or sites on the World Wide Web without the written permission of SensoryTool or such third party which may own the Marks. All information and content including any software programs.
Data Protection
SensoryTool may send information and offers of products and services to you from time to time. For further details relating to our policy relating to such offer please refer to our Privacy Policy.
Force Majeure
SensoryTool shall have no liability to you for any interruption or delay in access to the Site irrespective of the cause.
Entire Agreement
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement charges. We suggest to you, therefore, that you re-read this important notice containing our Terms and Conditions and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms and Conditions and Privacy Policy and you continue to use SensoryTool, you are impliedly agreeing to the Terms and Conditions and Privacy Policy expressed therein. Any such deletions or modifications shall be effective immediately upon the Company’s posting thereof. Any use of SensoryTool by user after such notice shall be deemed to constitute acceptance by the user of such modifications.
Electronic Communication
When you visit SensoryTool or send e-mails to us or give us your feedback, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
The website grants you a limited license to access and make personal use of the website and the service provided through the website. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the website and the framing of any content available through the website uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the Company’s sole discretion) an unreasonable or disproportionately large load on the website’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by the Company to prevent or restrict access to the website. Any unauthorized use by you shall terminate the permission or license granted to you by the website.
Disclaimer of warranties and limitation of liability
SensoryTool has made this service available to use as a matter of convenience. We expressly disclaims any claim or liability arising out of uploading of any obscene, vulgar or pornographic images, photograph or a picture or altering or distorting the images available under this service in an obscene, vulgar or pornographic manner. We also disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mail sent from the website are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
The Service(s) of the Company is provided on an “as is” basis without warranties of any kind, whether express or implied. We do not represent or warrant maintaining the confidentiality of information; although our current practice is to ensure reasonable efforts to maintain such If you believe that your work has been used or is accessible on SensoryTool websites in a way that constitutes copyright infringement, you may notify SensoryTool by providing us the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) a description of the copyrighted work that you claim has been infringed, including where the copyrighted work exists or a copy of the copyrighted work; (3) a description of where on the site the material that you claim is infringing is located, reasonably sufficient to permit SensoryTool to locate the material; (4) your address, telephone number, and email address; (5) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Company’s agent for notice of claims of copyright infringement for the SensoryTool websites can be reached by mail at: support@sensorytool.com
Warranty Disclaimers
SensoryTool recognizes the value of providing accurate and timely content. However: The SensoryTool websites are provided “as is” and without warranties of any kind either express, statutory or implied. Without limiting the foregoing, SensoryTool wants to ensure that you understand that there are no warranties:
- That access to the SensoryTool websites will be error free or uninterrupted;
- That the information on the SensoryTool websites will be accurate, complete or reliable;
- That the SensoryTool websites will be free of any virus, worm, Trojan horse or other harmful software code or Of title or non-infringement.
SensoryTool hereby disclaims any and all implied warranties in connection with the SensoryTool websites, including without limitation of merchant-ability and fitness for a particular purpose.
Disclaimer as to Third Party Web Sites
SensoryTool also disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to or from SensoryTool websites. You acknowledge that some advertisers or other companies employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive. SensoryTool is not liable for the accuracy, copyright compliance, legality, or decency of material or content contained in third-party sites and/or advertisements (including pop-up ads) and you hereby irrevocably waive any claim against us with respect to such sites or advertisements. SensoryTool does not ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from SensoryTool websites. SensoryTool does not make any representations or warranties as to the security of any information, including, available on or through SensoryTool (“Content”) is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through SensoryTool for commercial or public purposes.
Governing Law
This site is created and controlled by SensoryTool. The laws of India shall apply and courts in Delhi/New Delhi shall have jurisdiction in respect of all the terms, conditions and disclaimers. SensoryTool reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of SensoryTool.
Dispute Resolution
If there is any dispute about or involving the SensoryTool Websites and/or the Service, by using the SensoryTool websites, you agree that the dispute will be governed by the laws of India. You agree to the exclusive jurisdiction to the courts of Delhi, India.
Contact Information
If you have questions or concerns regarding these Terms & Conditions, please contact our support at support@sensorytool.com
Suspension due to Non-Compliance with Agreement
Notwithstanding other legal remedies that may be available to SensoryTool, SensoryTool may in its sole discretion limit user activity by immediately removing user listing either temporarily or indefinitely or suspend or terminate user membership, and/or refuse to provide user with access to the site if: The user is in breach any of the terms and conditions of this agreement and/or the terms and conditions of usage of SensoryTool; The user has provided wrong, inaccurate, incomplete or incorrect information; Your actions may cause any harm, damage or loss to the other Users or SensoryTool . Illegal and/or unauthorized use of the service, including unauthorized framing of or linking to the SensoryTool site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.