Terms of service
FOAMAURA
Terms of Service
Effective Date: [DD Month YYYY] | Last Updated: [DD Month YYYY]
Legal Entity: Saumya Packaging | Email: Saumyapackaging00@gmail.com
Website: www.foamaura.com | Jurisdiction: India
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Saumya Packaging, the business entity operating FoamAura ("we," "us," or "our") at www.foamaura.com. By accessing our website, creating an account, or placing an order, you confirm that you have read, understood, and agree to be bound by these Terms in full.
If you do not agree with any part of these Terms, please do not use our website or services. These Terms apply to all visitors, customers, and other users of our platform.
We reserve the right to update these Terms at any time. Continued use of our website following any changes constitutes your acceptance of the revised Terms.
1. Account Terms
1.1 Account Creation
You may browse our website without creating an account. However, to place orders, track shipments, or access your order history, you may be required to register for an account.
• You must be at least 18 years of age to create an account and make purchases on FoamAura.
• You agree to provide accurate, complete, and current information during registration and to update it as necessary.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are fully responsible for all activities that occur under your account, whether or not authorised by you.
• FoamAura accounts are non-transferable and may not be sold, shared, or assigned to another person.
1.2 Account Security
If you suspect any unauthorised access to your account, you must notify us immediately at Saumyapackaging00@gmail.com. We are not liable for any loss or damage arising from your failure to maintain account security.
1.3 Account Suspension or Termination
We reserve the right to suspend or permanently terminate any account, without prior notice, if we reasonably believe that you have: violated these Terms; provided false registration information; engaged in fraudulent or harmful behaviour; or misused our platform in any way. Upon termination, your right to use our services ceases immediately.
2. Pricing and Payment
2.1 Pricing
• All prices displayed on www.foamaura.com are listed in Indian Rupees (INR) and are inclusive of applicable Goods and Services Tax (GST) unless stated otherwise.
• Prices are subject to change without prior notice. The price applicable to your order is the price displayed at the time you place your order.
• Promotional prices, discount codes, and offers are valid only for the specified period and cannot be combined unless explicitly stated.
• We reserve the right to cancel orders placed at erroneous prices resulting from typographical errors or system glitches, and will notify you promptly if this occurs.
2.2 Payment Methods
We accept the following payment methods through our secure payment gateway partners [Razorpay / PayU / Shopify Payments]:
• Credit and Debit Cards (Visa, Mastercard, RuPay)
• UPI (Google Pay, PhonePe, Paytm, BHIM)
• Net Banking
• EMI options (subject to bank eligibility)
• Cash on Delivery (COD) — available for select pin codes and order values below [₹X,XXX]
2.3 Payment Security
All payments are processed through PCI-DSS compliant third-party payment gateways. FoamAura does not store your complete card or bank account details on our servers. By placing an order, you confirm that you are the authorised user of the payment method provided.
2.4 GST and Invoicing
A GST-compliant invoice will be issued for every purchase and sent to your registered email address. Our GSTIN is [YOUR GSTIN NUMBER]. If you require a business invoice with your company's GSTIN, please provide these details at the time of placing your order.
3. Product Descriptions and Accuracy
We make every effort to ensure that product listings on www.foamaura.com are accurate, complete, and up to date. However, we do not warrant that product descriptions, images, specifications, pricing, or other content on our website is entirely error-free.
• Product images are for illustrative purposes only. Actual colours, textures, or dimensions may vary slightly due to screen calibration differences or manufacturing tolerances.
• Product capacities (e.g., 2000ml) and material specifications are provided in good faith based on information from our suppliers.
• We reserve the right to modify, discontinue, or update any product without prior notice.
• If a product you receive differs materially from its description, please contact us within 48 hours of delivery for a resolution.
Note on Cosmetic and Pharma Packaging: Our packaging products are sold as containers only. We make no claims regarding the suitability of our packaging for any specific substance, chemical, or pharmaceutical product. It is the buyer's sole responsibility to verify compatibility before use.
4. Order Acceptance and Cancellation
4.1 Order Process
Placing an order on FoamAura constitutes an offer to purchase a product. Your order is not confirmed until you receive an official Order Confirmation email from us. We reserve the right to accept or decline any order at our discretion.
4.2 Grounds for Order Refusal
We may cancel or refuse an order under the following circumstances:
• The product is out of stock or discontinued after your order is placed
• We are unable to verify your payment or billing information
• The order appears to be fraudulent, duplicated, or placed using an unauthorised account
• The delivery address is outside our serviceable areas
• There is a pricing or product description error on the website
If your order is cancelled after payment has been collected, a full refund will be initiated within 5–7 business days to your original payment method.
4.3 Customer Cancellations
• Orders may be cancelled by the customer within 12 hours of placement, provided the order has not yet been dispatched.
• To cancel an order, please email Saumyapackaging00@gmail.com with your Order ID and reason for cancellation.
• Once an order has been shipped, it cannot be cancelled. Please refer to our Returns and Refunds policy (Section 6) in such cases.
5. Shipping and Delivery
5.1 Delivery Areas
We currently ship across India to all PIN codes serviceable by our logistics partners [Shiprocket / Delhivery / BlueDart / India Post]. Certain remote or restricted areas may not be serviceable; you will be notified at checkout.
5.2 Shipping Timelines
• Order Processing: 1–2 business days from the date of payment confirmation
• Standard Delivery: 4–7 business days depending on your location
• Express Delivery: 2–3 business days (available for select pin codes at an additional charge)
• Remote Areas: Up to 10–14 business days
Business days exclude Sundays and public holidays. Delivery timelines are estimates and may be affected by factors beyond our control, including logistics delays, weather events, or regional disruptions.
5.3 Shipping Charges
• Free shipping is available on orders above [₹X,XXX] (conditions may apply).
• For orders below the free shipping threshold, a flat shipping fee of [₹XX – ₹XXX] will apply, displayed at checkout.
• Cash on Delivery (COD) orders may attract an additional handling fee of [₹XX].
5.4 Tracking Your Order
Once your order is dispatched, you will receive a tracking number via email and/or SMS. You can track your order on our website or directly on the courier partner's website.
5.5 Failed Deliveries
If a delivery attempt fails due to an incorrect address, recipient unavailability, or refusal to accept, the package may be returned to us. In such cases, re-shipping charges will be borne by the customer. Refunds for returned packages will be processed after deducting original and return shipping costs.
6. Returns, Refunds, and Replacements
6.1 Return Eligibility
We want you to be completely satisfied with your FoamAura purchase. Returns are accepted under the following conditions:
• The item was received in a damaged or defective condition
• The item received is different from what was ordered (wrong product or size)
• The item is unused, in its original packaging, with all tags and accessories intact
• A return request is raised within 7 days of delivery
Non-Returnable Items: Products that have been used, assembled, or opened (unless defective); items purchased during clearance or final sale; customised or bulk-order products; and products returned without original packaging are not eligible for return.
6.2 How to Initiate a Return
• Email Saumyapackaging00@gmail.com with your Order ID, reason for return, and clear photographs of the product and packaging.
• Our team will respond within 48 business hours with return instructions.
• Do not ship items back without written authorisation from FoamAura — unauthorised returns will not be processed.
6.3 Refund Policy
• Approved refunds will be processed within 7–10 business days of our team receiving and inspecting the returned item.
• Refunds will be credited to the original payment method used at the time of purchase.
• For COD orders, refunds will be made via bank transfer or UPI — please provide your bank details when raising the return request.
• Original shipping charges are non-refundable unless the return is due to our error (wrong or defective item).
6.4 Replacements
If you prefer a replacement instead of a refund for a defective or incorrect item, we will dispatch the replacement product after the original item is returned and inspected. Replacement is subject to stock availability.
7. Prohibited Uses
By using our website and services, you agree not to:
• Use the platform for any unlawful, fraudulent, or malicious purpose
• Place false, duplicate, or speculative orders with no intention to purchase
• Attempt to gain unauthorised access to any part of our website, server, or database
• Scrape, copy, reproduce, or republish any content from our website without prior written permission
• Introduce viruses, malware, or any harmful code into our systems
• Use our platform to transmit unsolicited communications (spam) or conduct phishing activities
• Impersonate FoamAura, Saumya Packaging, or any of our employees, agents, or other customers
• Engage in any activity that disrupts, overloads, or impairs our website infrastructure
• Attempt to reverse-engineer, decompile, or extract source code from our website
• Violate any applicable Indian or international laws while using our platform
Violation of any of the above may result in immediate account termination, cancellation of pending orders, and, where applicable, legal action under the Information Technology Act, 2000 and other applicable Indian laws.
8. Intellectual Property
All content on www.foamaura.com — including but not limited to the FoamAura brand name, logo, product images, website design, graphics, text, and marketing materials — is the intellectual property of Saumya Packaging and is protected under applicable Indian intellectual property laws, including the Trade Marks Act, 1999 and the Copyright Act, 1957.
• You may not use, copy, reproduce, distribute, or display any of our content without our prior written consent.
• You may share links to our product pages for personal, non-commercial purposes.
• Any user-generated content you submit to us (e.g., reviews, photos) grants us a non-exclusive, royalty-free licence to use it for promotional and business purposes.
9. Disclaimer and Limitation of Liability
9.1 Disclaimer of Warranties
Our website and products are provided on an "as is" and "as available" basis. While we strive for accuracy and reliability, FoamAura and Saumya Packaging make no warranties — express or implied — regarding the uninterrupted availability of our website, the fitness of our products for a particular purpose, or the accuracy of all product descriptions.
9.2 Limitation of Liability
To the maximum extent permitted under Indian law, FoamAura and Saumya Packaging shall not be liable for:
• Any indirect, incidental, consequential, or punitive damages arising from your use of our website or products
• Loss of profit, revenue, data, or business opportunities
• Delays in delivery caused by third-party logistics partners, natural disasters, strikes, or government restrictions
• Damage caused by improper use, storage, or handling of our products by the customer
• Any unauthorised access to or alteration of your data resulting from circumstances beyond our reasonable control
In any event, our total liability to you for any claim arising out of or related to a purchase shall not exceed the amount actually paid by you for the specific product giving rise to the claim.
10. Third-Party Links and Services
Our website may contain links to third-party websites, payment gateways, logistics tracking portals, or social media platforms. These links are provided for convenience only. FoamAura does not endorse, control, or take responsibility for the content, privacy practices, or terms of any third-party websites. We encourage you to read the terms and privacy policies of any third-party platforms you visit.
11. Force Majeure
FoamAura shall not be held liable for any failure or delay in performance of our obligations under these Terms where such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, floods, fires, earthquakes, epidemics or pandemics, war, civil unrest, government orders or restrictions, nationwide strikes, or failure of third-party logistics and payment infrastructure.
In such events, we will notify you as soon as reasonably practicable and resume normal operations at the earliest opportunity.
12. Governing Law and Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of India, including but not limited to: the Indian Contract Act, 1872; the Consumer Protection Act, 2019; the Information Technology Act, 2000; the Sale of Goods Act, 1930; and the Goods and Services Tax Act, 2017.
12.2 Jurisdiction
Any disputes, claims, or legal proceedings arising from or in connection with these Terms or your use of FoamAura shall be subject to the exclusive jurisdiction of the courts located in [City, e.g. Ludhiana], Punjab, India. By using our platform, you consent to this jurisdiction.
12.3 Consumer Disputes
If you are a consumer under the Consumer Protection Act, 2019, you have the right to approach the appropriate Consumer Disputes Redressal Commission. Nothing in these Terms limits or waives your statutory rights as a consumer under Indian law.
12.4 Informal Resolution
Before initiating any formal legal proceedings, we encourage you to reach out to us at Saumyapackaging00@gmail.com. We are committed to resolving disputes fairly and promptly, and most issues can be resolved within 5–7 business days through direct communication.
13. Indemnification
You agree to indemnify, defend, and hold harmless Saumya Packaging, its directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or related to: your breach of these Terms; your violation of any applicable law; your misuse of our products or platform; or any content you submit or transmit through our website.
14. Severability and Entire Agreement
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be severed from the remaining Terms, which shall continue in full force and effect.
These Terms, together with our Privacy Policy and any other policies published on our website, constitute the entire agreement between you and Saumya Packaging with respect to your use of FoamAura, and supersede all prior agreements or understandings, whether written or oral.
15. Contact Us
For any questions, concerns, or legal correspondence related to these Terms, please contact us through any of the following channels:
Business Name: Saumya Packaging (operating as FoamAura)
Email: Saumyapackaging00@gmail.com
Phone: [+91-XXXXXXXXXX]
Address: [Full Registered Business Address], [City], [State] – [PIN Code], India
Website: www.foamaura.com
Response Time: We aim to respond to all enquiries within 2 business days (Monday to Saturday, 10:00 AM – 6:00 PM IST).
By using www.foamaura.com, you acknowledge that you have read these Terms of Service,
understood them fully, and agree to be bound by them.
These Terms were last reviewed and approved by Saumya Packaging on [DD Month YYYY].
© [YYYY] FoamAura | Saumya Packaging. All rights reserved.OVERVIEW
Welcome to Saumya Packaging! The terms "we", "us" and "our" refer to Saumya Packaging. Saumya Packaging operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Saumya Packaging is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Saumya Packaging reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Saumya Packaging confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Saumya Packaging may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Saumya Packaging, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Saumya Packaging, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Saumya Packaging.
Saumya Packaging's names, logos, product and service names, designs, and slogans are trademarks of Saumya Packaging or its affiliates or licensors. You must not use such trademarks without the prior written permission of Saumya Packaging. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 the 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 features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify's relationship with your store and should not be removed or modified.]
Saumya Packaging is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Saumya Packaging. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Saumya Packaging, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Saumya Packaging.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback 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 Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Saumya Packaging, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using persons device, without direct supervision.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer, (iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Saumya Packaging, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Saumya Packaging, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, 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 SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Saumya Packaging, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that 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.
SECTION 20 - WAIVER; 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 site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs 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.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Saumya Packaging is headquartered. You and Saumya Packaging consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at aavyapackaging.sales@gmail.com.
Our contact information is posted below:
[INSERT TRADING NAME]
aavyapackaging.sales@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]