TERMS AND CONDITIONS
SHAKAONLINE WEBSITE TERMS OF USE
The following terms and conditions (the "Agreement") govern all use of the shakaonline.com website (the "Site") and the services available on or at the Site (taken together with the Site, the "Service"). The Service is owned and operated by SHAKAONLINE The Service is offered subject to your (the "User") acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by SHAKAONLINE - including, without limitation, SHAKAONLINE Shipping and Return Policy.
ACCESS
Subject to the terms and conditions of this Agreement, the Service is provided solely for User's own personal use, and not for the use or benefit of any third party. SHAKAONLINE may change, suspend, or discontinue the Services at any time, including the availability of any feature, or content. SHAKAONLINE may also impose limits on certain features and services or restrict User's access to parts or all of the Services without notice or liability.
User certifies to SHAKAONLINE that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
MODIFICATIONS
SHAKAONLINE reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.
PAYMENT
SHAKAONLINE currently accepts the following credit cards and debit cards on the site: VISA and MasterCard.
Credits: Unused credits will be forfeited if Customer’s shakaonline.com account is terminated for any reason - whether customer chooses to cancel or if SHAKAONLINE cancels customer's account for any reason. Customer's account must be in good standing to be eligible to redeem credits. Credits have no cash value. SHAKAONLINE reserves the right to change these credit terms and conditions at its discretion, and may terminate the credits program at any time. Refunds are at the sole discretion of SHAKAONLINE.
LOCAL TAXES
Customer is responsible for all sales taxes (as applicable).
SHIPPING AND RETURN
Purchases are subject to SHAKAONLINE’s Shipping and Return Policies. Restocking fees apply. The risk of loss and title for Products ordered by Customer shall pass to Customer upon SHAKAONLINE's delivery of the items to the carrier. Replacement of products and credits to customer's account for Products claimed as damages or not received are subject to SHAKAONLINE’s investigation and discretion.
There are no returns or exchanges on final sale merchandise.
PROMOTIONAL OFFERS
Customer agrees to receive emails promoting any special offer(s), including third party offers, as well as SHAKAONLINE’s newsletters. Customers can opt out of promotional emails from by clicking the unsubscribe link at the bottom of the emails. Transactional and Program emails are required for visitors and customers.
TYPOGRAPHICAL ERRORS
In the event a SHAKAONLINE product is listed at an incorrect price due to typographical error or error in pricing, SHAKAONLINE shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SHAKAONLINE shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SHAKAONLINE shall issue a credit to your credit card account in the amount of the incorrect price.
ORDER CANCELLATION BY SHAKAONLINE
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by shakaonline.com
ORDER CANCELLATION BY CUSTOMER
In case of requests for order cancellations, SHAKAONLINE reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 10 days of making the order on the Site. The customer agrees not to dispute the decision made by SHAKAONLINE and accept SHAKAONLINE’s decision regarding the cancellation.
FRAUDULENT /DECLINED TRANSACTIONS
Our fraud detection team constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and www.shakaonline.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. SHAKAONLINE reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, shakaonline.com reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, SHAKAONLINE shall owe no liability for any refunds.
SITE CONTENT GENERALLY
The content on the Service (excepting any and all User Submissions - as defined below), including without limitation: the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SHAKAONLINE, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. SHAKAONLINE reserves all rights not expressly granted in and to the Service and the Content. User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks without the express prior written consent of the respective owners.
SHAKAONLINE grants to User a limited nonexclusive, non-transferable, non-sub licensable right solely to display and view the Content for personal, non-commercial use. If User downloads or prints a copy of the Content for personal use, User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from SHAKAONLINE or from the applicable copyright holder.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
USER SUBMISSIONS
The Service may permit the submission of text, images or other communications by User and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. User understands that whether or not such User Submissions are published, SHAKAONLINE does not guarantee any confidentiality with respect to any such submissions.
User shall be solely responsible for User's own User Submissions and the consequences of posting or publishing them. User agrees that SHAKAONLINE has no liability with respect to any User Submissions, including, without limitation, User's own User Submissions, and User hereby irrevocably releases SHAKAONLINE and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
In connection with User's User Submissions, User affirms, represents, and warrants that (and that User can and will demonstrate to SHAKAONLINE’s full satisfaction upon its request that): (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize SHAKAONLINE to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Site, the Service and this Agreement; (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Service and this Agreement; and (iii) the posting of User's User Submission on or through the Site or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by User to or through the Site or the Service.
By submitting the User Submissions to the Service, or displaying, publishing, or otherwise posting any content on or through the Service, User hereby does and shall grant SHAKAONLINE a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and SHAKAONLINE’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. User also hereby does and shall grant each user of the Service a non-exclusive license to access User's User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service. For clarity, the foregoing license grant to SHAKAONLINE does not affect User's other ownership or license rights in User's User Submission(s), including the right to grant additional licenses to the material in such User Submission(s).
In connection with User Submissions, User further agrees that User will not: (i) publish falsehoods or misrepresentations that could damage SHAKAONLINE or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SHAKAONLINE all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. SHAKAONLINE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SHAKAONLINE expressly disclaims any and all responsibility or liability in connection with User Submissions.
SHAKAONLINE reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. SHAKAONLINE also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by User, or to restrict, suspend or terminate User's access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, SHAKAONLINE assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.
RESTRICTIONS
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. SHAKAONLINE reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any SHAKAONLINE server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of SHAKAONLINE, including any SHAKAONLINE account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User's own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or SHAKAONLINE's systems or networks, or any systems or networks connected to the Service or to SHAKAONLINE.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to SHAKAONLINE on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of SHAKAONLINE or others.
THIRD PARTY SITES
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under SHAKAONLINE 's control, and User acknowledges that SHAKAONLINE is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by SHAKAONLINE. User further acknowledge and agree that SHAKAONLINE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
INDEMNIFICATION
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless SHAKAONLINE, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with: (i) User's use or misuse of the Service; (ii) User's access to any part of the Service, or (iii) User's violation of this Agreement.
WARRANTY DISCLAIMER
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (BUT, FOR CLARITY, THE PRODUCTS ARE CAN BE RETURNED/EXCHANGES PURSUANT TO SHAKAONLINE'S RETURN POLICY). THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SHAKAONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
INDEMNITY
You agree to indemnify and hold SHAKAONLINE (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party.
TERMINATION
SHAKAONLINE may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if SHAKAONLINE determines there may be an immediate threat to SHAKAONLINE, it may terminate such access without notice). SHAKAONLINE may also terminate a Customer's account at any time, in its discretion. Upon termination notice from SHAKAONLINE,User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
INTERNATIONAL USE
SHAKAONLINE makes no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where User is located, and accessing the Service from territories where any of the content accessed via the Service may be illegal is prohibited. User is responsible for compliance with local laws when User access and use the Service.
PRIVACY
SHAKAONLINE 's current privacy policy is available at the privacy policy (the "Privacy Policy"), which is incorporated by this reference.
COPYRIGHT
All content included on the Site, such as text, graphics, logos, button icons, images, and software is the property of SHAKAONLINE or SHAKAONLINE's licensors and other content suppliers - and protected by India and international copyright laws. All software used in connection with the Site is the property of SHAKAONLINE or its software suppliers and protected by India and international copyright laws.
This website and its contents are the property of SHAKAONLINE and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited and protected under the copyright act , and any such case or person can be prosecuted by law.
TRADEMARK
SHAKAONLINE is the owner and authorized user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to SHAKAONLINE in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of SHAKA ONLINE’s intellectual property is prohibited without the prior written permission of SHAKAONLINE , C-3505, DB woods, Krishna Vatika Marg, Gokul Dham, Goregaon East, Mumbai - 400063.Nothing contained in this website should be construed as giving you any right or license to any of the intellectual property on or associated with this website.
ELECTRONIC COMMUNICATIONS
When User visits the Site or sends e-mails to SHAKAONLINE, User is communicating with SHAKAONLINE electronically. User hereby consents to receive communications from us electronically. SHAKAONLINE will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that SHAKAONLINE provides to User electronically satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with SHAKAONLINE's prior written consent. SHAKAONLINE may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws as applicable in India. Any disputes will be handled in the competent courts of Haryana, India.
For Dubai Customers:
If the article is available in our Dubai warehouse , no International duties will be charged. If this is not available , International duties & taxes will be charged. We will notify you on the article availability in Dubai further to receipt of your confirmed order.
All Applicable Taxes will be charged separately as per relevant Government policies announced from time to time.
MODIFICATIONS
SHAKAONLINE reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User's acceptance of the terms and conditions of this User Agreement as modified.
PAYMENT
SHAKAONLINE currently accepts the following credit cards and debit cards on the site: VISA and MasterCard.
Credits: Unused credits will be forfeited if Customer’s shakaonline.com account is terminated for any reason - whether customer chooses to cancel or if SHAKAONLINE cancels customer's account for any reason. Customer's account must be in good standing to be eligible to redeem credits. Credits have no cash value. SHAKAONLINE reserves the right to change these credit terms and conditions at its discretion, and may terminate the credits program at any time. Refunds are at the sole discretion of SHAKAONLINE.
LOCAL TAXES
Customer is responsible for all sales taxes (as applicable).
SHIPPING AND RETURN
Purchases are subject to SHAKAONLINE’s Shipping and Return Policies. Restocking fees apply. The risk of loss and title for Products ordered by Customer shall pass to Customer upon SHAKAONLINE's delivery of the items to the carrier. Replacement of products and credits to customer's account for Products claimed as damages or not received are subject to SHAKAONLINE’s investigation and discretion.
There are no returns or exchanges on final sale merchandise.
PROMOTIONAL OFFERS
Customer agrees to receive emails promoting any special offer(s), including third party offers, as well as SHAKAONLINE’s newsletters. Customers can opt out of promotional emails from by clicking the unsubscribe link at the bottom of the emails. Transactional and Program emails are required for visitors and customers.
TYPOGRAPHICAL ERRORS
In the event a SHAKAONLINE product is listed at an incorrect price due to typographical error or error in pricing, SHAKAONLINE shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. SHAKAONLINE shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, SHAKAONLINE shall issue a credit to your credit card account in the amount of the incorrect price.
ORDER CANCELLATION BY SHAKAONLINE
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account. Any type of voucher used in these orders shall be pushed back into the user’s account in case of cancellation by shakaonline.com
ORDER CANCELLATION BY CUSTOMER
In case of requests for order cancellations, SHAKAONLINE reserves the right to accept or reject requests for order cancellations for any reason. As part of usual business practice, if we receive a cancellation notice and the order has not been processed / approved by us, we shall cancel the order and refund the entire amount. A request for cancellation of order shall be valid and accepted only if they are made within 10 days of making the order on the Site. The customer agrees not to dispute the decision made by SHAKAONLINE and accept SHAKAONLINE’s decision regarding the cancellation.
FRAUDULENT /DECLINED TRANSACTIONS
Our fraud detection team constantly monitors the user’s account in order to avoid fraudulent accounts and transactions. Users with more than one account or availing referral vouchers fraudulently shall be liable for legal actions under law and www.shakaonline.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. SHAKAONLINE reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to initiation of legal actions, shakaonline.com reserves the right to immediately delete such account and dishonor all past and pending orders without any liability. For the purpose of this clause, SHAKAONLINE shall owe no liability for any refunds.
SITE CONTENT GENERALLY
The content on the Service (excepting any and all User Submissions - as defined below), including without limitation: the text, abstracts, metadata, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively "Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to SHAKAONLINE, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. SHAKAONLINE reserves all rights not expressly granted in and to the Service and the Content. User shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content or Marks without the express prior written consent of the respective owners.
SHAKAONLINE grants to User a limited nonexclusive, non-transferable, non-sub licensable right solely to display and view the Content for personal, non-commercial use. If User downloads or prints a copy of the Content for personal use, User must retain all copyright and other proprietary notices contained therein. Copying, using or storing any Content for other than noncommercial use is expressly prohibited without prior written permission from SHAKAONLINE or from the applicable copyright holder.
User shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Site.
USER SUBMISSIONS
The Service may permit the submission of text, images or other communications by User and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. User understands that whether or not such User Submissions are published, SHAKAONLINE does not guarantee any confidentiality with respect to any such submissions.
User shall be solely responsible for User's own User Submissions and the consequences of posting or publishing them. User agrees that SHAKAONLINE has no liability with respect to any User Submissions, including, without limitation, User's own User Submissions, and User hereby irrevocably releases SHAKAONLINE and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submissions or any part thereof.
In connection with User's User Submissions, User affirms, represents, and warrants that (and that User can and will demonstrate to SHAKAONLINE’s full satisfaction upon its request that): (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize SHAKAONLINE to use each and every image and sound contained in each such User Submission and to enable inclusion and use of such User Submissions in the manner contemplated by the Site, the Service and this Agreement; (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site, the Service and this Agreement; and (iii) the posting of User's User Submission on or through the Site or the Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. User agrees to pay all royalties, fees, and other monies owing any person or entity by reason of any content posted by User to or through the Site or the Service.
By submitting the User Submissions to the Service, or displaying, publishing, or otherwise posting any content on or through the Service, User hereby does and shall grant SHAKAONLINE a worldwide, non-exclusive, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Service and SHAKAONLINE’s (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. User also hereby does and shall grant each user of the Service a non-exclusive license to access User's User Submissions through the Service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Service. For clarity, the foregoing license grant to SHAKAONLINE does not affect User's other ownership or license rights in User's User Submission(s), including the right to grant additional licenses to the material in such User Submission(s).
In connection with User Submissions, User further agrees that User will not: (i) publish falsehoods or misrepresentations that could damage SHAKAONLINE or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant SHAKAONLINE all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country. SHAKAONLINE does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and SHAKAONLINE expressly disclaims any and all responsibility or liability in connection with User Submissions.
SHAKAONLINE reserves the right to decide whether a User Submission is inappropriate or violates this Agreement, including but not limited to copyright infringement, violations of intellectual property law, pornography, obscene or defamatory material, or excessive length. SHAKAONLINE also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by User, or to restrict, suspend or terminate User's access to all or any part of the Site or the Service at any time, for any or no reason, with or without prior notice. Notwithstanding the foregoing, SHAKAONLINE assumes no responsibility for monitoring the Service for inappropriate content, or modifying or removing such content from the Service.
RESTRICTIONS
User shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. SHAKAONLINE reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any SHAKAONLINE server, or to any of the services offered on or through the Service, by hacking, password "mining", or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other customer of SHAKAONLINE, including any SHAKAONLINE account not owned by User, to its source, or exploit the Service or any service or information made available or offered by or through the Service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User's own information, as provided for by the Service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or SHAKAONLINE's systems or networks, or any systems or networks connected to the Service or to SHAKAONLINE.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to SHAKAONLINE on or through the Service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or which infringes the rights of SHAKAONLINE or others.
THIRD PARTY SITES
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under SHAKAONLINE 's control, and User acknowledges that SHAKAONLINE is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by SHAKAONLINE. User further acknowledge and agree that SHAKAONLINE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
INDEMNIFICATION
User is responsible for all of its activity in connection with the Service. User shall defend, indemnify, and hold harmless SHAKAONLINE, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys' fees, that arise from or in connection with: (i) User's use or misuse of the Service; (ii) User's access to any part of the Service, or (iii) User's violation of this Agreement.
WARRANTY DISCLAIMER
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) AND ALL PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (BUT, FOR CLARITY, THE PRODUCTS ARE CAN BE RETURNED/EXCHANGES PURSUANT TO SHAKAONLINE'S RETURN POLICY). THIS DISCLAIMER OF WARRANTIES SHALL BE VOID TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SHAKAONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY LICENSORS, OR THIRD PARTY SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE (OR ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF FORESEEABLE OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION).
INDEMNITY
You agree to indemnify and hold SHAKAONLINE (and its officers, directors, agents, subsidiaries, affiliates, joint ventures, and employees) harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, or arising out of or related to your breach of this T&C, or your violation of any law or the rights of a third party.
TERMINATION
SHAKAONLINE may terminate User's access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if SHAKAONLINE determines there may be an immediate threat to SHAKAONLINE, it may terminate such access without notice). SHAKAONLINE may also terminate a Customer's account at any time, in its discretion. Upon termination notice from SHAKAONLINE,User will no longer access (or attempt to access) the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
INTERNATIONAL USE
SHAKAONLINE makes no representation that the Service is appropriate or available for use in the country, geographic area or jurisdiction where User is located, and accessing the Service from territories where any of the content accessed via the Service may be illegal is prohibited. User is responsible for compliance with local laws when User access and use the Service.
PRIVACY
SHAKAONLINE 's current privacy policy is available at the privacy policy (the "Privacy Policy"), which is incorporated by this reference.
COPYRIGHT
All content included on the Site, such as text, graphics, logos, button icons, images, and software is the property of SHAKAONLINE or SHAKAONLINE's licensors and other content suppliers - and protected by India and international copyright laws. All software used in connection with the Site is the property of SHAKAONLINE or its software suppliers and protected by India and international copyright laws.
This website and its contents are the property of SHAKAONLINE and are subject to copyright. The contents of our website and the website as a whole are intended solely for your personal, non-commercial use. Any use of our website and its content for purposes other than personal and non-commercial use, or for any other use, including the modification, reproduction, distribution, transmission, republication, display or performance, of the content of this website, is prohibited and protected under the copyright act , and any such case or person can be prosecuted by law.
TRADEMARK
SHAKAONLINE is the owner and authorized user of all intellectual property including but not limited to trade marks, logos, names and designs, whether registered or unregistered, and other marks that are otherwise owned or licensed to SHAKAONLINE in and associated with this website (collectively “intellectual property”), and any improvements or modifications to such intellectual property. The use or misuse of any of SHAKAONLINE’s intellectual property is prohibited without the prior written permission of SHAKAONLINE , C-3505, DB woods, Krishna Vatika Marg, Gokul Dham, Goregaon East, Mumbai - 400063.Nothing contained in this website should be construed as giving you any right or license to any of the intellectual property on or associated with this website.
ELECTRONIC COMMUNICATIONS
When User visits the Site or sends e-mails to SHAKAONLINE, User is communicating with SHAKAONLINE electronically. User hereby consents to receive communications from us electronically. SHAKAONLINE will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that SHAKAONLINE provides to User electronically satisfy any legal requirement that such communications be in writing.
MISCELLANEOUS
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with SHAKAONLINE's prior written consent. SHAKAONLINE may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws as applicable in India. Any disputes will be handled in the competent courts of Mumbai, India.
All Applicable Taxes will be charged separately as per relevant Government policies announced from time to time.