This website
www.spentamultimedia.com , and associated sites are owned and operated by Spenta Multimedia,
Your use of this website confirms your agreement to follow these rules and to be bound by them. Spenta Multimedia reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as they are and as and when they the are changed.
By electronically accepting this agreement, you confirm your acceptance and it would be accepted as would a written agreement with your signature. You accept all the terms and conditions as follows:
"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, supplemented, varied or replaced from time to time.
THIS AGREEMENT is between Spenta Multimedia having its registered office at Peninsula
Spenta, Mathuradas Mill Compound, N.M.Joshi Marg, Lower Parel, Mumbai - 400 013,
India. (hereinafter called “Spenta Multimedia” which expression shall, unless repugnant to or
inconsistent with the context, mean and include the successors and permitted assigns, heirs,
executors, legal representatives and administrators, as the case may be) of the One Part and
you, the user of the website and websites operated by Spenta Multimedia as a website visitor
or as a person intending to make a purchase or actually making a purchase on one or more of
our websites which are owned , fully or partially by Spenta Multimedia or operated by Spenta
Multimedia as a licensee.
Spenta Multimedia reserves the right to deny you access to, or use of, all or part of the Website, without prior notice, if you engage in any conduct that Spenta Multimedia believes, in its sole discretion:
- violates any term or provision of these Terms of Use; or
- violates the rights of Spenta Multimedia or third parties; or
- is otherwise inappropriate for continued access and use of the Website.
Online Sales
- Spenta Multimedia is in the business of creating internet retail platform that powers online sales of products across various categories, directly to consumers, as an online retailer for various brands and companies operating in India.
- The liability of Spenta Multimedia under this agreement is limited to a maximum of the value of the product purchased from Spenta Multimedia plus shipping charges that may have been charged. Under no circumstances shall Spenta Multimedia be liable for any direct or indirect costs or loss incurred by you for any reason related to the purchase or intended purchase of products and services on sites operated by Spenta Multimedia.
- Spenta Multimedia will not be responsible for any liability arising out of the conduct of its employees, associates, contractors and suppliers that may cause any financial or other loss to you.
- Spenta Multimedia owns the Website and shall retain all intellectual property rights, and ownership and proprietary rights and shall have the sole right, title and interest in and over the Website. No part of the website, the designs or the terms and references within shall be copied or transmitted for commercial purposes. Nothing contained in this Agreement shall give or be deemed to grant, whether directly or by implication, you any right, title or interest in or to the ownership or use of the Trade Marks and Intellectual property. Purchases of products on this site does not transfer any of the intellectual property related to the products, their design or concepts to you
- If any website links are provided to external websites, Spenta Multimedia is not responsible for the actions or consequences of the links provided By using this website you declare and agree that you have the full power and authority to make enter into a transaction with Spenta Multimedia and that you are over 18 years of age and are legally competent to enter into an agreement
- Any fraud, neglect, deliberate omission, wrongful act or default conducted by you will be subject to legal action and Spenta Multimedia will not be responsible for your actions
- Spenta Multimedia shall not be liable for any loss or damage arising from its failure to perform any of its obligations under this Agreement if such failure is the result of circumstances outside its control including but not limited to the outbreak of war, any governmental act, act of war, explosion, accident, civil commotion, riot, industrial dispute, strike, lockout, stoppages or restraint of labour from whatever cause, whether partial or general, weather conditions, traffic congestion, mechanical breakdown, obstruction of any public or private road or highway or outbreak of any communicable disease or any other force majeure, fire, flood or any other act of God.
- Unless expressly mentioned in this agreement Spenta Multimedia shall not be held liable for any other express or implied warranty, guarantees or any other Liabilities under this agreement.
- Spenta Multimedia may at any time make changes or modify the website, its contents, the policies and terms and conditions including the privacy policy, shipping policy, return policy without any prior notice and it may do so with no prior permissions from users of the site or service.
- Spenta Multimedia is a channel for sales and as such aims to make information about products and service accurate. However should there be unintentional errors relating to the product, pricing, availability, shipping and product supply, Spenta Multimedia will make good by correcting the amount (if incorrectly charged) and will have the right to make changes to the website to correct the errors without any obligation to supply the product or service at the previously published incorrect price or description.
- Spenta Multimedia is solely a channel for sale of products that are manufactured by other companies and Spenta Multimedia is not responsible for any consequences that arise from the use of the product. The buyer or user of the product needs to make their own judgment of the safety and risks associated with various products that may be sold, and are solely responsible for the consequences of use of these products . Delivery of magazines subscribed through www.spentamultimedia.com and affiliated sites is the responsibility of the magazine publisher or its authorized distributor on whom the order is finally placed.
- Information about the products and services sold by Spenta Multimedia is provided to it by the manufacturer and supplier of the products and services. As such Spenta Multimedia takes this information at face value and publishes this without any further verification. As such Spenta Multimedia is not responsible for the accuracy or validity of this information.
- The content of this website and other websites operated by Spenta Multimedia may contain materials that are created by suppliers, vendors and others who sell their products and services. If any of the material is found to be objectionable or is found to have violated any law or copyright, the responsibility of this would be with the producer of the materials and Spenta Multimedia will not be liable or responsible for any of the content. Any issues relating to this would need to be dealt with the original producer of the content and materials.
- Shipping of products will be done by the method indicated in the order. If for any reason Spenta Multimedia decides to send the product using an alternate method, other than the one indicated in the order, you will not need to pay any additional charges for this. Your subscription will start between 5 to 7 weeks.
- The product colour and actual size and content may vary from the visual representation on the website. If for any reason you do not wish to use the product you may return it back to Spenta Multimedia in its original packaging and condition without any use or wear and tear to the address given on the invoice. This must be received by Spenta Multimedia within 15 days from the time it is received by you.
- Once you place an order with Spenta Multimedia, you cannot cancel this order once it is processed. You will need to return the product to Spenta Multimedia once you received it. Returns must comply with the return conditions as given in this agreement.
Links & Advertising
- The Website may contain links to third party websites. Those websites are not under the control of Spenta Multimedia, and Spenta Multimedia is not responsible for the content or the links contained in those websites. Neither Spenta Multimedia, its affiliates, its associated companies, its related bodies corporate, its officers, its directors, its shareholders, its employees, its consultants nor its agents recommend or endorse the content of any third party websites which may be linked to or from the Website, or products or services of any third party organisations mentioned or described on the Website or linked to or from the Website. You acknowledge that you enter any third party websites at your own risk.
- The Website may contain advertisements for third parties' goods and/or services. The third party advertisers are responsible for the accuracy of all representations made in those advertisements. Neither Spenta Multimedia, its affiliates, its associated companies, its related bodies corporate, its officers, its directors, its shareholders, its employees, its consultants nor its agents recommend or endorse the goods or services that may be advertised on the Website, nor do they offer the goods or services for sale or make any other representation whatsoever about them. If you choose to order a product or service advertised by a third party on the Website, you do so at your own risk.
- Spenta Multimedia is concerned about the integrity of the Website when it is assessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, Spenta Multimedia is concerned with activities such as linking to an internal or subsidiary page of the Website that is located one or several levels down from the home page of the Website ("Deep Linking") and the incorporation of any part of the Website as part of your own website ("Framing"). Deep Linking to or Framing any part of the Website or any similar activity may not be carried out by you unless you have obtained the written permission of Spenta Multimedia.
Competitions
- Spenta Multimedia may from time to time run competitions or other promotions on the Website. These activities will be subject to specific terms and conditions that will be made known at the relevant time.
Disclaimer of Warranties & Limitation of Liability
- Subject only to paragraph 9.2 below:
- This Website is provided by Spenta Multimedia on an "as is" basis without any express or implied warranty of any kind;
- The Internet exists across open public networks that are neither secure nor private. Accordingly, you acknowledge and accept the risk that any communication to or from the Website may be intercepted, used or modified by third parties.
- Spenta Multimedia does not warrant that access to or use of this Website will be timely, uninterrupted or error free or that the Website or any material on or accessible through the Website is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components;
- Spenta Multimedia does not warrant anything about the reliability, accuracy, completeness, timeliness, suitability, quality, physical state or for a particular purpose of any material on or accessible through the Website;
- Spenta Multimedia may change any of the material on the Website at any time without notice;
- Spenta Multimedia makes no commitment to update any material on the Website;
- You are responsible for assessing the accuracy, reliability, suitability and currency of the material on or accessible through the Website;
- You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using the Website or the material on or accessible through the Website; and
- You warrant that you are 18 years of age or over, or you have obtained a parent or guardian's consent prior to using or accessing this Website.
- Neither Spenta Multimedia, its affiliates, its associated companies, its related bodies corporate, its officers, its directors, its shareholders, its employees, its consultants nor its agents shall be liable for any loss or damage including without limitation, losses or damages for loss of profits, business interruption, loss of information, indirect, special, economic, punitive or consequential losses or damages arising out of the reliance on or use of or inability to use the material or information available on or accessible through the Website, even if Spenta Multimedia has been advised of the likelihood of such damages.
- To the fullest extent permitted by the law, the liability of Spenta Multimedia, its affiliates, its associated companies, its related bodies corporate, its officers, its directors, its shareholders, its employees, its consultants and its agents for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain shall be limited, at the option of Spenta Multimedia, to:
- in the case of services, the supply of the services again, or the payment of having the services re-supplied; and
- in the case of goods, the replacement or repair of the goods, the supply of equivalent goods, or the payment of the costs of replacing or repairing the goods or acquiring equivalent goods.
Indemnification
You agree to indemnify, defend, and hold Spenta Multimedia, its affiliates, its associated companies, its related bodies corporate, its officers, its directors, its shareholders, its employees, its consultants and its agents, harmless from all claims, demand, liability, damages, and costs (including, but not limited to, legal fees on a full indemnity basis) arising from or in connection with (a) your use of the Website; (b) your failure to comply with these Terms of Use; (c) your violation of any applicable law; (d) any action taken by Spenta Multimedia pursuant to any instructions, notice or requests given by you; and (e) the enforcement of Spenta Multimedia's rights against you under the Terms of Use.
General
- Spenta Multimedia may from time to time amend, update, or change the Website, including these Terms of Use, without prior notice. You are therefore responsible for regularly updating or familiarising yourself with changes made to the Terms of Use. Your continued use of the Website after such amended Terms of Use has been posted on the Website shall be deemed agreement by you to such amendments.
- If any provision of these Terms of Use is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and will be deemed deleted to the extent that it is nor enforceable, and the remaining provisions of the Terms of Use shall remain in full force and effect.
- The failure by Spenta Multimedia to insist upon or enforce strict performance of any of these Terms of Use will not be construed as a waiver of any right or remedy of Spenta Multimedia in respect of any existing or subsequent breach of these Terms of Use.
- Spenta Multimedia has the right to assign or transfer all or part of its rights or obligations under this Agreement without prior notification
- This Agreement shall be subject to and construed in accordance with the laws of India- and the Parties hereby submit to the exclusive jurisdiction of the courts of Mumbai
- In the event of any disputes, differences or controversies between the Parties hereto, out of or in connection with the provisions of this Agreement, or any action taken hereunder, the Parties hereto shall thoroughly explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes, differences or controversies shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the venue of such arbitration shall be Mumbai. The award of such arbitration shall be final and binding upon the Parties hereto.
- All notices, demands or other communications required or permitted to be given or made under or in connection with this Agreement shall be in writing and shall be sufficiently given or made
(i) if delivered by hand or
(ii) sent by pre-paid registered post addressed to
Spenta Multimedia
Peninsula Spenta, Mathuradas Mill Compound,
N.M.Joshi Marg, Lower Parel
Mumbai - 400 013
India.