This document is an electronic record in terms of the Information Technology Act, 2000, and rules framed thereunder as applicable, including the amended provisions relating to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy, and Terms of Use for access or usage of the www.thesamaq.com website.

USER AGREEMENT

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This Terms of Service Agreement (the “Agreement”) governs your use of this website, www.thesamaq.com (“SAMAQ”). This Agreement includes and incorporates by reference the policies and guidelines referenced below.

SAMAQ reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised agreement on this Website. The changed or revised Agreement shall be effective immediately after it is posted on this Website. Your use of the Website or the services available on the Website following any such changes or a revised Agreement will constitute your acceptance of any such changes or revisions.

SAMAQ encourages you to review these terms whenever you visit the Website to ensure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with SAMAQ for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. By implicitly or expressly accepting these Terms of Use, you also accept and agree to be bound by SAMAQ’s Policies (including but not limited to the Privacy Policy) as amended from time to time. If you would like to print this Agreement, please click the print button on your browser toolbar.

IMPORTANT DISCLAIMERS

The following disclaimers are essential for determining any relationship between You and SAMAQ for your use of any services on the Website:

  • SAMAQ, its associates, affiliates, service providers, and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website or that the operation of the Website will be error-free and/or uninterrupted.
  • You understand, agree, and acknowledge that SAMAQ uses third-party service providers to store and process your personal information and other information that you provide to SAMAQ (as more specifically identified in the Privacy Policy). Such third parties may store and process your personal information in a country or state that may not have jurisdiction over You and/or such country or state may not have any data protection or data privacy laws, or such country’s or state’s data protection or data privacy laws may not be as strong as the country or state having jurisdiction over You or over SAMAQ. You agree and understand that SAMAQ provides no guarantee, warranty, or assurance that such third-party service providers will protect your personal information, and SAMAQ shall not be liable for any actions, commission, omission, misconduct, fraud, or negligence (whether in contract or tort or under public policy) of these third parties.
  • You understand, agree, and acknowledge that SAMAQ will not be liable for any claim of recovery of damages, payments, repayments, or any monetary claims for banking fraud or negligence, or damages arising out of financial losses, mental agony, harassment, or any other kind of action in tort or public policy or otherwise on account of leakage of any of your information, including bank details, card details, or any other delicate personal information, in case the website www.thesamaq.com is hacked by any third party’s intervention through local or international threats, including through widespread viruses, spams, Trojans, etc., which are circumstances beyond the control of SAMAQ and for which no fault can be attributable. SAMAQ guarantees no security of personal information in such situations, and none of our privacy policies will be applicable until the website is restored to normal.
  • You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.

MEMBERSHIP ELIGIBILITY

To use the service of SAMAQ through the website, you may use a guest login or create your own SAMAQ account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. To create your SAMAQ account, you must be eligible to enter into a contract under the Indian Contract Act, 1872. “Incompetent persons” under the Indian Contract Act, 1872 are not eligible for a SAMAQ account. Any minor, i.e., a person below the age of 18 years, can use the website and transact only through their legal guardians or parents. SAMAQ reserves the right to terminate your account/refuse to provide its services if it is discovered that the person using the website and making a transaction is an “incompetent person” under the Indian Contract Act, 1872 who cannot enter into a contract. Any person who creates an account with SAMAQ will be referred to as a Registered User.

YOUR ACCOUNT & REGISTRATION OBLIGATIONS

If you use the Website as a Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current, and complete information about yourself as prompted by the Website registration form or provided by You as a Visitor. If you provide any information that is untrue, inaccurate, not current, or incomplete, or SAMAQ has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, or not in accordance with the present terms of use agreement, SAMAQ has the right to indefinitely suspend or terminate or block access to your membership with the Website and refuse to provide you with access to the Website and its services.

ELECTRONIC COMMUNICATIONS

When you use the Website or send emails or other data, information, or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by any other mode of communication, electronic or otherwise. You can unsubscribe from any such emails or newsletters when there is an option available to you as per the terms mentioned in the privacy policy.

USE OF PRODUCTS AND SERVICES

The products and services provided by SAMAQ on this website are for personal use only. Selling or reselling of products and services obtained through the SAMAQ website is completely prohibited, and SAMAQ reserves its right to take appropriate legal action in adverse situations. Please note that we can call our customers and use their email ID for calling purposes regarding order and tracking queries and for marketing campaigns.

Our products are non-returnable due to the hygiene and personal care nature of the product. However, in the unlikely event of damaged, defective, or different items delivered to you, or regarding the delivery, kindly contact us within 24 hours.

FEES AND SERVICES

Membership on this website is free. SAMAQ does not charge for browsing and purchasing products from this website except for the sale price of the product, applicable taxes as per the laws of India, and the delivery charges wherever they are applicable. If you purchase any product from SAMAQ, then you are obligated to make its payment of charges as per SAMAQ’s payment policies. If you do not make payment or refuse to make payment of charges after purchasing products or services from SAMAQ, then SAMAQ reserves the right to annul the order, not deliver the said product, or take measures like issuance of a warning, temporarily/indefinitely suspending or terminating your membership of the Website, and refusing to provide you with access to all current and future use of the Website in case of non-payment of fees. SAMAQ also reserves the right to take legal action permissible under law for recovery of the payments in case of non-payment of charges.

USE OF THE WEBSITE

By using this website, you agree, undertake, and confirm that your use of the Website shall be strictly governed by the following binding principles:

  • You are solely responsible for your information.
  • You shall not host, display, upload, modify, publish, transmit, update, or share any information or share/list any information or item that:
    • Belongs to another person and to which you do not have any right.
    • Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner; or unlawfully threatening or unlawfully harassing, including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986.
    • Harms minors in any way.
    • Violates any law for the time being in force.
    • Threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
  • You agree not to interfere with or disrupt the website or servers or networks connected to the website.
  • You agree not to access the website by any means other than through the interface that is provided by SAMAQ for use in accessing the website.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless SAMAQ, its directors, officers, employees, consultants, and agents from any and all third-party claims, liability, damages, and/or costs (including but not limited to legal fees) arising from your use of this Website or your breach of the Terms of Service.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, SAMAQ excludes all warranties, whether express or implied, in relation to the Website, the Products, and the Services, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SAMAQ does not warrant that the Website, the Products, and the Services will meet your requirements or be uninterrupted, timely, secure, or error-free or that any defects will be corrected. SAMAQ shall not be liable for any indirect, incidental, special, or consequential damages or loss of profits or loss of revenue, whether based on contract, tort, or any other legal theory, arising out of your use of or inability to use the Website, the Products, or the Services, even if SAMAQ has been advised of the possibility of such damages.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of India without regard to its conflict of law provisions. Any disputes arising out of or in connection with these terms shall be subject to the exclusive jurisdiction of the courts of India.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and SAMAQ regarding the use of the Website, the Products, and the Services, superseding any prior agreements between you and SAMAQ.

TERMINATION

SAMAQ reserves the right to terminate or suspend your access to the Website and the Services, with or without notice, for any reason, including but not limited to breach of these Terms of Service.

CONTACT INFORMATION

If you have any questions about these Terms of Service or the practices of this Website, please contact us at info@thesamaq.com.