Overview
Welcome to our Original Beach Colors !!!
Our user-friendly platform designed to provide you with a seamless and secure online shopping experience. These Terms of Service are a fundamental part of our commitment to transparency, ensuring that both you and we understand the rights and responsibilities associated with using our platform. By accessing and using our website, you agree to be bound by these terms, so please take a moment to carefully review and familiarize yourself with their contents. Our aim is to make your online shopping experience as convenient and enjoyable as possible, and these terms are designed to outline the rules and guidelines that govern your use of our online store. We strive to deliver a vast array of products and services tailored to your needs, with a strong emphasis on accuracy, completeness, and timeliness of information to keep you well-informed.
Our commitment extends to maintaining fairness and transparency in our pricing and services, ensuring that you have access to accurate billing and account information. We're here to provide optional tools and resources to enhance your experience, and we appreciate your understanding of third-party links, user comments, feedback, and other submissions that may enrich our platform. Your privacy and personal information are vital to us, and we have a dedicated Privacy Policy in place to safeguard your data.
While we make every effort to provide accurate and up-to-date information, we acknowledge that errors, inaccuracies, and omissions may occur. If you encounter any issues, we're committed to resolving them promptly and professionally. However, we do ask that you use our services responsibly and refrain from prohibited uses, as outlined in these terms.
In case of any disputes or concerns, these terms also contain provisions for dispute resolution and indemnification, providing a fair and structured way to address issues. We appreciate your understanding of the disclaimers and limitations of liability to ensure clear and open communication.
By using our platform, you agree to be bound by these Terms of Service, and your access and use of our website are subject to the laws of your jurisdiction. We reserve the right to update and modify these terms as needed, and any changes will be posted on our website. If you have any questions or require further clarification regarding these terms or any other aspect of our service, please don't hesitate to contact us through the provided contact information. Thank you for choosing to shop with us, and we look forward to serving you with the utmost care and respect.
MHertz Private Limited operates and owns this website. When you navigate through the site, the terms "we," "us," and "our" are used to denote Mhertz Private Limited . We provide this website, inclusive of all information, tools, and services accessible on the site, to you, the user. Your use of this site is subject to your acceptance of all the terms, conditions, policies, and notices presented here.
GENERAL CONDITIONS
Our General Conditions encompass the fundamental principles and obligations governing your use of our online store. These conditions are in place to ensure a fair, secure, and enjoyable shopping experience for all users. By accessing and utilizing our platform, you are acknowledging and agreeing to abide by these General Conditions. We prioritize transparency, your satisfaction, and the security of your transactions, and these conditions play a vital role in upholding these standards.
- Compliance with Applicable Laws: As a user of our online store, you are expected to comply with all applicable laws and regulations. You must refrain from engaging in any unlawful or unauthorized activity in connection with our services. This includes adhering to copyright, trademark, and export control laws, as well as refraining from activities such as hacking, phishing, or other cybercrimes.
- Use of Personal Information: We are committed to the protection of your personal information. By agreeing to these General Conditions, you acknowledge that you have read and understood our Privacy Policy, which outlines how we collect, use, and safeguard your personal data. We strive to maintain the highest standards of data security and privacy.
- Intellectual Property Rights: All content on our website, including but not limited to text, images, logos, trademarks, and software, is protected by intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our service, including our website, without explicit written permission from us.
- Security of Account Information: The security of your account is paramount. You are responsible for maintaining the confidentiality of your account information, including your username and password. If you believe there has been unauthorized access or a breach of your account's security, please inform us promptly.
- Third-Party Services: Our online store may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. It is your responsibility to review the terms and policies of any third-party websites you visit or use.
- Termination of Service: We reserve the right to refuse service to anyone for any reason at any time. This includes the right to terminate or suspend your account and access to our services if you violate these General Conditions or if your actions are deemed harmful to our platform or other users.
- Governing Law: These General Conditions are governed by and construed in accordance with the laws of your jurisdiction. Any disputes arising from or related to these conditions will be subject to the jurisdiction of the appropriate court in your area.
- Changes and Updates: We may update, modify, or replace any part of these General Conditions as necessary. It is your responsibility to check our website for any changes. Your continued use of our services after the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
At our online store, we are committed to providing you with a comprehensive and satisfying shopping experience. These Online Store Terms outline the core principles and guidelines governing your interactions with our platform. By using our online store, you acknowledge and accept the terms and conditions laid out here. We prioritize your satisfaction and the security of your transactions. To ensure a smooth shopping experience, we request that you carefully read and understand the following terms.
- Age of Majority and Consent: By agreeing to these Online Store Terms, you affirm that you are either of the age of majority in your state or province of residence or that you have the legal authority to consent to the use of our website, either for yourself or on behalf of any minor dependents. Your commitment to being of the appropriate age and granting consent for minors ensures responsible and secure use of our services.
- User Responsibilities: As a user of our online store, you are responsible for maintaining the confidentiality of your account information, including your username and password. You are also responsible for restricting access to your account and ensuring that all activities conducted under your account are lawful and in compliance with these terms. We urge you to notify us promptly if you suspect any unauthorized use of your account or a breach of security.
- Content and Data Security: We are dedicated to safeguarding your personal information and ensuring its secure transmission. Please review our Privacy Policy to understand how your data is collected, used, and protected.
- Accuracy of Information: While we strive to provide accurate and up-to-date product information, we cannot guarantee the completeness or timeliness of all details. It's advisable to cross-reference and consult other sources if necessary when making decisions based on information provided on our website.
- Modifications and Updates: We reserve the right to modify, update, or discontinue any aspect of our online store at any time. This may include product offerings, prices, and services. It is your responsibility to review such changes.
- Limited Quantities: Certain products may have limited quantities and could be available exclusively online. Returns and exchanges for such products will be in accordance with our Return Policy, as stipulated on our platform.
- International Use: While we are based in India, we welcome international customers. However, it is your responsibility to ensure that your use of our services complies with local laws and regulations.
- Compliance with Export Control Laws: Our products and services are for personal use only. You cannot resell our products, it is prohibited and You agree not to export our products to countries or individuals that are prohibited under export control laws. We encourage you to be aware of and adhere to relevant export regulations.
DISCLAIMER: INFORMATION ACCURACY AND RESPONSIBILITY
We are not responsible of information available on this site and information may not always be entirely accurate, comprehensive, or up-to-date. The materials presented here are intended for general informational purposes and should not be solely relied upon when making critical decisions. We strongly recommend consulting primary, more accurate, comprehensive, and timely sources of information to supplement and validate any data you find on this site. Any reliance on the materials provided here is done so at your own risk.
This site may feature historical information, which by its nature, is not current. Such historical information is offered exclusively for reference purposes. It is important to note that we reserve the right to alter the contents of this site at our discretion, with no obligation to update previously published information. We place the responsibility on you, the user, to diligently monitor and stay informed about any changes or updates made to our site. Your proactive engagement in this regard is integral to ensuring you have the most current and relevant information at your disposal.
To reinforce our dedication to providing you with the most reliable and up-to-date data, we have established a comprehensive set of principles and procedures.
- Information Accuracy: We do not take responsibility if the information available on our site is not accurate, complete, or up to date. The material presented here is intended for general informational purposes only and should not be used as the sole basis for decision-making. We strongly advise consulting primary, more accurate, more complete, or more timely sources of information when making critical decisions. Reliance on the material on our site is solely at your own risk.
- Historical Information: This site may contain historical information, which is inherently not current. Such historical data is provided for your reference and contextual understanding. It should not be utilized as the basis for contemporary decisions or assessments.
- Content Modification: We reserve the right to modify the contents of our site at any time. However, it's important to note that we are under no obligation to update any information on our site. Therefore, it becomes your responsibility to proactively monitor any changes or updates on our platform.
- Accurate Product Information: We make every effort to present product information, descriptions, and specifications with the utmost accuracy. However, we acknowledge that errors may occasionally occur. We are not responsible if any infomation available on our website is inaccurate and incomplete.
- Transparency in Product Availability: While we strive to maintain accurate records of product availability, certain products may have limited quantities or be exclusively available online. In such cases, our Return Policy provides guidelines for returns and exchanges, ensuring transparency and fairness.
- Continuous Updates: Information on our online store is subject to regular updates and improvements. We reserve the right to modify, discontinue, or replace any content or services without prior notice.
- User Responsibility: Your role in maintaining the integrity of the information on our platform is crucial. We request that you use the information provided on our website responsibly, acknowledging that you are also responsible for verifying the accuracy and timeliness of details when making decisions.
- Legal and Compliance: While we are committed to providing accurate and up-to-date information, it is your responsibility to ensure that your use of our services complies with all applicable laws and regulations. You should verify the legality of any product or service you intend to purchase, particularly in regard to your local jurisdiction.
- Privacy and Data Security: We place great importance on safeguarding your personal information. Please review our Privacy Policy to understand how your data is collected, used, and protected while using our online store.
PRICING AND SERVICE MODIFICATIONS
In our continuous pursuit of providing you with the best possible online shopping experience, we acknowledge the need for flexibility and adaptability. The "Modifications to the Service and Prices" section is of paramount importance, as it outlines the dynamics that allow us to cater to your evolving needs while ensuring fairness and transparency. We are committed to offering an ever-improving platform and the most competitive pricing, and we want you to be well-informed about the following key aspects:
- Pricing Adjustments: Prices for our products and services may be subject to change, and we reserve the right to make adjustments without prior notice. This flexibility is essential for us to remain competitive and to respond to market dynamics. While we aim to keep pricing stable, external factors may necessitate alterations, such as changes in suppliers' costs or currency exchange rates.
- Price Accuracy: Our goal is to maintain pricing accuracy to the best of our ability. However, in the event of a discrepancy between a listed price and the actual price, we will reach out to you to discuss how to proceed with your order. We understand the importance of price accuracy and strive to minimize such occurrences.
- Product and Service Updates: The content, features, and services offered on our platform are subject to updates and improvements. We may modify, discontinue, or replace any aspect of our service without prior notice. Such updates are designed to enhance your shopping experience and provide you with the latest and most relevant offerings.
- Notification of Changes: While we reserve the right to make changes, it is not our responsibility to infom you about such changes. You are responsible to go through our terms of services policy to keep yourself updated about such changes. However our intention is to keep you informed and any significant changes will be notified through announcements on our website.
- User Responsibility: We encourage you to stay updated with any changes to our services and pricing, as it is your responsibility to review our offerings regularly. Remaining informed will enable you to make well-informed decisions and take advantage of the latest features and offerings on our platform. We want to emphasize that we shall not be liable to you or any third-party for any modifications, price changes, suspensions, or discontinuances of our services. This provision underscores the importance of user understanding and the acceptance of potential changes in the interest of service quality and evolution.
- Fairness and Competitive Pricing: Rest assured that our pricing strategies are grounded in principles of fairness and competitiveness. We aim to offer the best value for your money, and our pricing adjustments are made with the intention of ensuring that you receive the most competitive deals in the market.
- Discontinuation of Products: We keep all the rights to discontinue certain products or services. However, we will do our best to assist you in finding suitable alternatives, and any orders placed before discontinuation will be honored.
PRODUCT AVAILABILITY, ACCURACY, AND SALES POLICIES
Our commitment to delivering a diverse and high-quality range of products and services forms the backbone of our online store. This section aims to provide a comprehensive understanding of how we manage and present the products and services available to you. We believe in offering an extensive selection to cater to your unique needs, and we prioritize your satisfaction and convenience in every aspect of this shopping experience.
Our platform offers certain products or services that may be exclusively available online through our website. These items are typically provided in limited quantities and are subject to return or exchange in accordance with our Return Policy. Every effort has been exerted to present the colors and images of our products as accurately as possible; however, please note that we cannot guarantee the precise color representation on your computer monitor.
We retain the right, though not the obligation, to limit the sale of our products or services to specific individuals, geographic regions, or jurisdictions, a discretion exercised on a case-by-case basis. Furthermore, we reserve the prerogative to restrict the quantities of any products or services we offer. It's important to be aware that all product descriptions and pricing are subject to change at any time without notice, entirely at our discretion. We also retain the right to discontinue any product at any time. Please note that any offers for products or services on this site are void where prohibited.
Our commitment to providing a transparent and dependable online shopping experience is reflected in the following key principles:
- Exclusive Online Availability: Certain products or services may be exclusively available through our website, with limited quantities. Return or exchange options are subject to our established Return Policy, ensuring clarity in your shopping experience.
- Accurate Display: We've invested substantial efforts to display the colors and images of our products as accurately as possible on our platform. However, it's important to note that we cannot guarantee that your computer monitor's display of any color will be entirely accurate.
- Sales Limitations: While we reserve the right, we are not obligated, to limit the sales of our products or services by person, geographic region, or jurisdiction. This right is exercised on a case-by-case basis, and we may also limit product quantities. Descriptions and pricing of products are subject to change at our sole discretion, without notice. We also reserve the right to discontinue any product at any time, and any offers made on this site are void where prohibited.
- Quality Assurance: We maintain rigorous quality standards for all the products we offer. Our commitment to quality assurance extends to the procurement of items from reputable sources and ensuring that they meet or exceed industry standards. While we diligently strive for the highest product and service quality, we do not warrant that the items purchased will meet your expectations or that any errors in the service will be corrected. Your understanding and realistic expectations play a significant role in our service delivery.
- Product and Service Diversity: Our online store is carefully curated to offer a wide variety of products and services to meet the needs and preferences of our diverse customer base. From household essentials, to fashion to specialty items, we are dedicated to providing a comprehensive selection.
- Service Improvements: Our services are constantly evolving and improving to meet your expectations. This includes enhanced customer support, secure payment methods, and efficient delivery options. Your feedback is invaluable in helping us refine and optimize these services.
- Information Accuracy: We make every effort to present accurate and up-to-date information for each product and service. However, please be mindful that errors, inaccuracies, or omissions may occur. Cross-referencing and verifying product details with other sources are advisable for important purchasing decisions.
- Competitive Pricing: We are committed to offering competitive prices across our product and service range. Our pricing strategies are designed to provide you with the best value for your money.
- Product Discontinuation: In rare cases, we may discontinue certain products or services. However, our goal is to assist you in finding suitable alternatives, and any orders placed before discontinuation will be fulfilled.
- Innovation and Updates: To stay at the forefront of your needs, we actively seek innovation and make regular updates to our product and service offerings. New features, improvements, and additional selections are continually introduced.
BILLING AND ACCOUNT INFORMATION ACCURACY
At our discretion, we reserve the right to decline any order you place, including the potential to restrict or cancel quantities per person, household, or order. These constraints may extend to orders linked to the same customer account, credit card, or sharing identical billing and shipping particulars. In the event of order alterations or cancellations, we will make reasonable attempts to inform you through the email address, billing details, or phone number provided during the order placement. Furthermore, we maintain the prerogative to limit orders that, in our sole assessment, seem to originate from dealers, resellers, or distributors.
We appreciate your commitment to supplying current, comprehensive, and accurate purchase and account information, as it is pivotal to your interactions with us. We kindly request your prompt updates to account data, encompassing email addresses and credit card information, to ensure seamless transactions and effective communication.
For a more detailed understanding, we invite you to review our Returns Policy. Your cooperation and understanding of these guidelines are highly valued as they contribute to a secure and satisfying shopping experience. We encourage you to peruse our Returns Policy for supplementary information. Thank you for being an integral part of our online community, and we eagerly anticipate providing you with the utmost care and diligence.
The integrity and precision of your billing and account information is of paramount importance to us. Our commitment to ensuring that your financial transactions and personal data are handled with the utmost accuracy, security, and transparency. We consider this aspect not just a necessity but a cornerstone of trust and reliability in your online shopping experience.
- Secure Transactions: Your financial security is our top priority. We employ robust security measures to protect your billing information and financial transactions. Our payment systems adhere to industry standards for encryption and data protection.
- Billing Accuracy: We strive to maintain the highest level of accuracy in billing. It is our goal to ensure that all charges are precise and transparent, without any hidden fees or unexpected charges.
- Account Information Confidentiality: We are dedicated to safeguarding the confidentiality of your account information. This includes your account credentials, personal data, and any other sensitive information you provide. Our privacy policies and data protection practices are designed to meet the most stringent standards.
- User Responsibility: While we take significant measures to protect your billing and account information, we rely on your cooperation in maintaining the security of your account. This involves safeguarding your account login credentials and promptly reporting any unauthorized access or suspicious activity.
- Billing Discrepancies: In the rare event of a billing discrepancy or unauthorized charge, we are committed to resolving the issue promptly. We encourage you to reach out to our customer support team should you encounter any such problems.
- Transparent Communication: Your financial transactions and account details should be transparent at all times. Any changes or updates that may impact your billing, such as price adjustments, will be communicated through suitable channels, including email notifications or announcements on our website.
- Compliance and Data Protection: We adhere to all applicable laws and regulations concerning data protection, billing accuracy, and customer information security. Our commitment to compliance ensures that your rights and interests are protected.
ACCESS TO THIRD-PARTY & OPTIONAL TOOLS AND FUTURE FEATURES
Our platform offers access to third-party tools over which we have no oversight or influence. It is crucial to acknowledge that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions, and without our endorsement. We assume no liability for any issues arising from your use of optional third-party tools, which is entirely at your discretion and risk. We advise that you familiarize yourself with and accept the terms set forth by the respective third-party provider(s).
Furthermore, as part of our commitment to continuous improvement, we may introduce new services and features on our website, including the release of innovative tools and resources. Please be aware that these new offerings will also be governed by these Terms of Service. Your understanding and agreement with these conditions are essential for your secure and informed use of our platform. We value your dedication to responsible usage and are ready to assist with any questions or concerns you may have regarding these guidelines. We extend our gratitude for choosing to be a part of our online community and eagerly anticipate providing you with the highest level of care and diligence.
We recognize that technology and innovation play a pivotal role in enhancing your online shopping experience. Our commitment to providing you with additional tools and resources that can augment your interaction with our platform. These tools are designed to offer convenience, personalization, and flexibility in how you shop, while also emphasizing the importance of responsible and informed usage.
- Value-Added Features: Our optional tools are carefully selected to offer value-added features and functionalities. These include but are not limited to product comparison tools, wish lists, and personalized recommendations.
- Customization and Personalization: We encourage you to leverage these tools to customize your shopping experience. They allow you to tailor product selections, track items of interest, and receive personalized suggestions, ultimately saving you time and effort.
- Transparency and Control: Our commitment to transparency means that you have control over how you use these optional tools. You can opt in or out of specific features, ensuring that your shopping experience aligns with your preferences.
- Responsible Usage: While these optional tools can greatly enhance your experience, we encourage responsible usage. It's essential to be mindful of the information you provide and how it's utilized to protect your privacy and data.
- Enhanced Product Information: Some of these tools provide in-depth product information, user reviews, and expert recommendations to aid your decision-making process. We believe in empowering you with the knowledge needed to make informed choices.
- Feedback and Improvement: Your feedback on these tools is highly valuable. Your insights help us continuously improve and refine these features to better serve your needs.
- User Support: If you have any questions or require guidance on using these optional tools, our customer support team is readily available to assist you in making the most of your online shopping experience.
THIRD-PARTY CONTENT, LINKS, AND RESPONSIBILITY
In an interconnected digital landscape, third-party links represent a significant dimension of your online shopping experience. This section emphasizes our commitment to providing a comprehensive and secure online environment by offering access to valuable external resources. We believe that these links can enhance your experience, but we also want to ensure that you navigate this interconnected world with awareness and confidence.
Our Service may include content, products, and services that originate from third-party sources. There are links to third-party websites on our site, but it's important to note that these websites are not affiliated with us. We want to clarify that we are not accountable for scrutinizing or assessing the content or accuracy of these third-party materials. Additionally, we do not provide any warranty or accept any liability for third-party materials, websites, or for any other products, services, or content offered by third parties.
We wish to emphasize that we are not responsible for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions associated with third-party websites. We strongly recommend a thorough review of the policies and practices of the third-party involved, ensuring that you understand them before engaging in any transactions. If you have any complaints, claims, concerns, or questions about third-party products, please direct them to the respective third party.
Third-party links provide you with access to external websites and services that may complement or expand the information and offerings available on our platform. These links connect you to a vast array of information, including product reviews, industry insights, and expert opinions. We aim to enrich your decision-making process with diverse perspectives. While we endeavor to provide links to reputable sources, we encourage you to exercise caution when navigating external websites. Be mindful of their privacy policies and terms of service, as they may differ from ours. Your interaction with third-party links is under your control and your responsibility. You have the choice to access these external resources, and it's important to understand that your usage of these links is subject to the policies of the linked sites.
SUBMISSIONS, COMMENTS, FEEDBACK AND CONTENT RESPONSIBILITY
Your engagement and feedback are at the heart of our online community. This section underlines the pivotal role you play in shaping our platform and services. We value your comments, feedback, and contributions as essential components of our commitment to continuous improvement, transparency, and a user-centric approach. Here's a closer look at how your participation enriches your experience and the experiences of fellow users:
- Open Dialogue: Your comments, feedback, and contributions provide a platform for open and constructive dialogue. We encourage you to share your thoughts, experiences, and insights to create a vibrant and engaged online community.
- Product Insights: User comments and feedback offer valuable insights into our products and services. Your experiences and recommendations help us understand what's working well and where we can make improvements.
- Community Support: By sharing your feedback, you contribute to the support and assistance of your fellow community members. Your comments can provide answers, guidance, and reassurance to others who may have similar questions or concerns.
- User Empowerment: We believe in empowering our users with a voice. Your comments and contributions serve as a catalyst for positive change, driving us to enhance our services and meet your expectations more effectively.
- Responsiveness: We are committed to being responsive to your comments and feedback. Whether it's a suggestion for improvement, a report of an issue, or an expression of satisfaction, your input informs our actions.
- Responsible Usage: We value respectful and responsible interactions within our community. We encourage you to engage in a constructive and courteous manner, fostering a positive and supportive environment for all users.
- User-Centric Evolution: Your contributions are integral to our user-centric evolution. They enable us to adapt, innovate, and continuously refine our platform to better serve your needs.
- Privacy and Data Protection: Your privacy and data protection are fundamental. Your comments and contributions should adhere to our policies and not disclose sensitive personal information.
However, in the event that, at our request, you submit specific materials (such as feedback) or, without any solicitation from us, you voluntarily provide creative ideas, suggestions, proposals, plans, or any other content, whether through online means, email, postal mail, or otherwise (collectively referred to as 'comments'), you thereby grant us unrestricted permission to edit, copy, publish, distribute, translate, and employ these comments in any medium at any time. Importantly, this grant comes with several understandings:
(1) We are not obligated to maintain the confidentiality of any comments.
(2) Compensation will not be provided for any comments.
(3) We are not obliged to respond to any comments.
While we reserve the right to monitor, edit, or remove content, it's crucial to understand that this is at our sole discretion. We may exercise this right if we determine, in our sole judgment, that the content is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or if it violates intellectual property rights or our Terms of Service.
By providing comments, you assert that they will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous, unlawful, abusive, or obscene material or any computer viruses or malware that could disrupt the operation of the Service or any related website.
You commit to using a valid email address, not impersonating someone else, or misleading us or third parties about the origin of your comments. You assume full responsibility for the comments you make, including their accuracy. We, on the other hand, accept no responsibility and hold no liability for any comments posted by you or any third party.
PERSONAL INFORMATION
The manner in which your personal information is submitted within the store is regulated by our Privacy Policy. If you wish to access and review our Privacy Policy, please see our Privacy Policy.
ERRORS, INACCURACIES, AND UPDATES
In our relentless pursuit of accuracy and transparency, we understand that human errors, inaccuracies, and omissions may occasionally arise. From time to time, you may come across information on our site or within the Service that includes typographical errors, inaccuracies, or omissions, particularly pertaining to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability. We retain the right to rectify such errors, inaccuracies, or omissions, and to modify or update information, or cancel orders, if any information within the Service or on any affiliated website is found to be inaccurate, without the necessity of prior notice, even if your order has already been placed.
We are not bound by any obligation to routinely update, modify, or clarify information within the Service or on related websites, including, but not limited to, pricing details, unless required by applicable law. The absence of a specified update or refresh date within the Service or on related websites should not be misconstrued as an indicator that all information within the Service or on related websites has been altered or updated.This section underscores our commitment to acknowledging and addressing these issues promptly, ensuring that you receive the most reliable and trustworthy information on our platform.
- Continuous Improvement: We believe that recognizing and rectifying errors and inaccuracies is pivotal to maintaining your trust. Our commitment to continuous improvement drives us to enhance the quality and accuracy of the information we provide.
- Accurate Information: While we make every effort to ensure the accuracy of our content, we acknowledge that no information is infallible. We encourage you to cross-reference and validate critical information to make well-informed decisions.
- Prompt Corrections: If you identify errors, inaccuracies, or omissions on our platform, please bring them to our attention. We are dedicated to addressing and rectifying these issues promptly and professionally.
- Product Descriptions: Product descriptions, specifications, and availability are subject to updates and changes. We encourage you to contact our customer support team if you have any questions about specific product details.
- Transparent Communication: If errors or inaccuracies affect your orders, billing, or other aspects of your shopping experience, we will transparently communicate any necessary corrections and adjustments.
- User Responsibility: While we strive to maintain the highest level of accuracy, your involvement in validating the information you rely on is essential. Responsible usage includes confirming the accuracy and completeness of details, particularly for critical decisions.
- Customer Support: If you encounter errors, inaccuracies, or omissions and require clarification or assistance, our customer support team is readily available to address your concerns and provide guidance.
PROHIBITED USAGE
Ensuring a safe and respectful online environment is a fundamental aspect of our platform. This section highlights our strong commitment to maintaining ethical and responsible use of our services. We take this matter seriously and have established guidelines and prohibitions to guarantee a secure and enjoyable experience for all users.
- Legal Compliance: All users are expected to comply with local, state, national, and international laws and regulations. Any activities that violate applicable laws are strictly prohibited.
- Ethical Conduct: We uphold the highest standards of ethical conduct. Engaging in any form of unethical or malicious behavior, such as fraud, hacking, or harassment, is strictly forbidden.
- Privacy and Data Security: Respecting the privacy and data security of all users is paramount. Unauthorized access, data breaches, or any activities that compromise user privacy are not tolerated.
- Intellectual Property: We respect intellectual property rights. Unauthorized reproduction, distribution, or utilization of copyrighted materials, trademarks, or other protected content is prohibited.
- Disruption of Services: Any actions that disrupt or compromise the functionality and availability of our services, such as malware or denial-of-service attacks, are strictly prohibited.
- Harassment and Hate Speech: We maintain a zero-tolerance policy for harassment, hate speech, or any content that promotes discrimination or harm towards individuals or groups based on race, religion, gender, sexual orientation, or other protected attributes.
- Violation of Terms: Any breach of our Terms of Service, including this section on prohibited uses, may result in the suspension or termination of user accounts or access to our platform.
- Responsible Engagement: We encourage users to engage responsibly and respectfully. Contributions to our community, such as comments, feedback, or reviews, should adhere to our ethical guidelines and policies.
- Reporting Violations: We rely on our user community to report any violations or prohibited activities. If you encounter any content or behavior that breaches these guidelines, please bring it to our attention.
- Legal Consequences: Violations of these prohibitions may lead to legal consequences, as well as the termination of access to our platform.
Beyond the restrictions outlined and stipulated in the Terms of Service, you are expressly prohibited from using the site or its content in the following ways: for any illegal purposes; to solicit or encourage others to engage in unlawful activities; to violate any applicable international, federal, provincial, or state regulations, rules, laws, or local ordinances; to infringe upon our intellectual property rights or the intellectual property rights of others; to engage in harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to provide false or deceptive information; to upload or transmit viruses or any other malicious code that could affect the functionality or operation of the Service or any related website, as well as other websites or the Internet; to collect or track the personal information of others; to engage in spamming, phishing, data mining, pretexting, spidering, crawling, or scraping; for any obscene or morally improper purposes; or to disrupt or bypass the security features of the Service, any affiliated website, other websites, or the Internet. We retain the right to terminate your usage of the Service or any related website if any of these prohibited uses are violated.
SERVICE AVAILABILITY, USE, DISCLAIMERS, WARRANTIES and LIMITATION OF LIABILITY
These are essential for the responsible and transparent operation of our platform and services. While we are dedicated to providing you with the best experience possible, these terms are in place to manage expectations and protect our platform and its users.
Usage Risks: Your use of our platform and services is at your own risk. While we take all necessary precautions to maintain security, we cannot guarantee that the services will be error-free, uninterrupted, or free from harmful components.
No Endorsement: Any products or services obtained through our platform are acquired at your discretion. We do not endorse, warrant, or assume responsibility for the quality, safety, or legality of any third-party products or services.
Information Accuracy: While we strive for accuracy in product information, we do not warrant that product descriptions, pricing, or other content on our platform is free from errors, inaccuracies, or omissions. It is your responsibility to validate this information.
Exclusion of Damages: To the extent permitted by applicable laws, we shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages or any loss of profits, revenue, data, or other intangible losses, arising from your use of our platform or services.
Maximum Liability: Our maximum liability for any claim arising from your use of our platform or services is limited to the amount you paid for the products or services in question. This limitation of liability is a fundamental part of our agreement.
Legal Compliance: This disclaimer of warranties and limitation of liability applies to the fullest extent permitted by law. If your jurisdiction does not allow the exclusion of certain warranties or the limitation or exclusion of liability, these provisions may not apply to you. .
Acceptance: By using our platform and services, you acknowledge and accept these disclaimers and limitations. You acknowledge and accept that there may be instances when we temporarily remove the service or cancel it altogether, without prior notice to you. Furthermore, you expressly acknowledge that your use of the service, or any issues related to your inability to use it, are solely at your own risk.
The service, along with all products and services provided through it, is presented to you "as is" and "as available," unless explicitly stated otherwise by us. This means that we do not make any representations or offer any warranties or conditions of any kind, whether express or implied. These include implied warranties or conditions of merchantability, quality, fitness for a specific purpose, durability, title, and non-infringement.
In no event shall mHertz Pvt Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injuries, losses, claims, or any direct, indirect, incidental, punitive, special, or consequential damages, including, but not limited to, lost profits, revenue, savings, data, replacement costs, or similar damages. This applies whether such damages arise from contract, tort (including negligence), strict liability, or any other legal theory, and whether they are related to your use of the service, any products obtained through the service, or any other claim linked in any way to your use of the service or its products. This also covers any errors or omissions in any content, as well as any loss or damage incurred as a result of using the service or any content (or product) posted, transmitted, or made available through the service, even if we have been advised of the potential for such damages.
INDEMNIFICATION
Indemnification is a vital aspect of our terms of service, serving as a mechanism to protect our platform, its users, and our integrity. This section is designed to provide a comprehensive understanding of your responsibilities and obligations, as well as our commitment to supporting a secure and trustworthy online community.
- User Responsibilities: You agree to indemnify, defend, and hold harmless our platform, its operators, employees, and partners from and against any claims, liabilities, damages, losses, and expenses. This includes legal fees, arising from your use of our platform, violations of our terms of service, or any third-party rights.
- Responsible Conduct: Your agreement to indemnify us encompasses your commitment to using our platform responsibly and ethically. Engaging in prohibited activities or violating our terms can result in claims and damages for which you are responsible.
- Protection of Community: By agreeing to indemnify, you support the protection of our user community and our platform's integrity. Your commitment to responsible usage enhances the trust and security of our online environment.
- Legal Consequences: Violations of our terms of service may result in legal consequences, and your indemnification covers any claims, liabilities, or expenses that may arise from such violations.
- Compliance with Laws: It is essential to adhere to all applicable laws and regulations while using our platform. Non-compliance can lead to claims and liabilities for which you are responsible.
- Scope of Indemnification: This indemnification clause applies to the fullest extent permitted by law, and its scope encompasses all aspects of your use of our platform and services.
- Transparency: We are committed to transparency in matters related to indemnification. We will communicate and cooperate with you in the event of claims or legal actions, ensuring that you are well-informed and supported throughout the process.
- Legal Obligations: This indemnification provision aligns with our legal obligations and the protection of our platform and user community.
SEVERABILITY OF TERMS
The severability clause is a fundamental element of our terms of service, ensuring that if any part of the agreement is found to be unenforceable, the remaining terms remain in full force. This section is designed to provide a comprehensive understanding of how we approach the enforceability of our terms, maintaining transparency and user protection.
- Legal Compliance: This clause serves to underscore our commitment to legal compliance. If any part of our terms of service is deemed unenforceable by a court of law, it does not affect the validity or enforceability of the remaining terms and provisions. Moreover, If a court or any other authority determines that any provision within our Terms of Service is unlawful, void, or unenforceable, that specific provision shall still be enforceable to the maximum extent allowed by applicable law. The part of the provision deemed unenforceable shall be separated from these Terms of Service.
- Protection of Rights: The severability clause is in place to protect the rights and interests of both our platform and its users. It ensures that even if certain terms are found unenforceable, the overall agreement remains in effect.
- Continuing Agreement: In the event that any term is declared unenforceable, both parties agree to work towards a replacement term that serves the original intent of the unenforceable provision. This commitment to resolving issues is integral to our terms of service.
- Upholding Transparency: We are dedicated to transparency in all aspects of our terms of service. The severability clause is intended to be clear and easily understood, ensuring that all users are aware of the enforceability principles.
- Legal Compliance: This clause is designed to comply with the laws and regulations governing the enforceability of agreements. It is a fundamental part of our legal commitment to responsible and transparent usage.
- Effective Agreement: The inclusion of the severability clause is instrumental in ensuring that our terms of service are effective and legally sound.
OBLIGATIONS & TERMINATION
The termination section is a crucial element of our terms of service, outlining the circumstances under which the agreement may be terminated. This section serves to ensure clarity and transparency regarding the termination of user accounts or access to our platform. It's essential to understand the principles and procedures in place for a smooth and secure online experience. The responsibilities and legal obligations of the parties that have been accrued before the termination date will persist beyond the conclusion of this agreement, serving all intended purposes.
- These Terms of Service remain in effect unless and until terminated by either party, meaning you or us. You have the option to terminate these Terms of Service whenever you wish by notifying us of your decision to discontinue using our Services or by simply ceasing to use our website.
- Furthermore, if, in our sole discretion, you fail to comply with any term or provision within these Terms of Service, or if we have reason to suspect such a failure, we retain the right to terminate this agreement at any time, without the need for prior notice. In such a scenario, you will continue to be liable for any outstanding amounts up to and including the date of termination. We may also choose to deny you access to our Services, or any part thereof, in accordance with the situation.
- Legal Consequences: Violations of our terms of service may result in legal consequences, and the termination section ensures that our legal obligations are met while protecting the interests of our platform and user community.
- Effect of Termination: Upon termination, all rights, privileges, and access to the platform will cease. This includes access to user accounts, stored data, and any associated services.
- User Cooperation: We appreciate your cooperation in promptly addressing any concerns or violations that may lead to termination. By working together, we can maintain a secure and trustworthy online environment.
- Dispute Resolution: In the event of disputes related to termination, we are committed to engaging in a fair and reasonable dispute resolution process to address concerns and find amicable solutions.
ENTIRE AGREEMENT
The entire agreement section is a cornerstone of our terms of service, consolidating the understanding between our platform and its users. This section serves to provide a comprehensive overview of the agreement's scope, ensuring clarity and transparency regarding the terms and conditions governing your use of our platform and services.
- Comprehensive Understanding: This section underscores the importance of a comprehensive understanding of our terms of service. By using our platform, you agree that this agreement constitutes the entire understanding between you and our platform, superseding any prior or contemporaneous agreements, representations, and understandings.
- Clarity and Transparency: We prioritize clarity and transparency in our terms of service. This section is designed to be easily understood, ensuring that all users are aware of the scope and applicability of the agreement.
- Legal Effect: This agreement is legally binding, and your usage of our platform implies your acceptance of all its terms and conditions. It serves as the foundation for your interaction with our platform and services.
- Amendments and Updates: While this agreement forms the basis of our understanding, please be aware that it may be subject to updates and amendments. Any changes will be communicated through appropriate channels, and your continued use of our platform implies your acceptance of these changes.
- User Responsibility: Your commitment to understanding and adhering to the terms and conditions of this agreement is essential for maintaining a respectful, secure, and trustworthy online community.
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 laws and juridiction of Sector 67, Gurgaon, Haryana, India 122101.
ACKNOWLEDGEMENT
We extend our sincere gratitude to the Japan Aerospace Exploration Agency (JAXA) and the United States Geological Survey (USGS) for generously providing the images used in the creation of our designs & paintings. The high-quality imagery sourced from JAXA and USGS repositories has played a pivotal role in inspiring and enriching our artistic process. Through their dedication to advancing scientific exploration and understanding of our planet, JAXA and USGS have enabled us to capture the beauty and intricacies of Earth's landscapes in our artwork. We deeply appreciate their commitment to open data access and their invaluable contributions to the arts. It is with profound appreciation that we acknowledge JAXA and USGS for their indispensable role in our creative endeavors.
CHANGES TO TERMS OF SERVICE
The section regarding changes to our terms of service is of utmost importance in maintaining transparency and keeping users informed of updates. It outlines the procedures and considerations involved in amending the agreement, ensuring that you are well-aware of any modifications and their implications.
- Commitment to Transparency: We are committed to maintaining transparency in all interactions with our users. This section underscores our dedication to keeping you informed about any changes to our terms of service.
- Notification of Changes: The most up-to-date version of the Terms of Service is available for your review on this page at any time. Please be aware that we maintain the right to update, modify, or substitute any portion of these Terms of Service, as we deem fit and at our sole discretion. We will do so by posting updates and revisions on our website. Consequently, it is your responsibility to periodically check our website for any alterations. Should you continue to use or access our website or the Service following the posting of any changes to these Terms of Service, this action signifies your acceptance of those changes.
- User Acknowledgment: Your continued use of our platform following any changes to our terms of service implies your acknowledgment and acceptance of these modifications. It is important to review the updated terms and ensure that you are in compliance.
- Addressing Concerns: We understand that changes to the agreement may raise questions or concerns. We are here to assist you with any inquiries related to these modifications and their impact on your use of our platform.
- User Cooperation: Your cooperation in staying informed and compliant with updated terms is crucial for maintaining a secure and respectful online community.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at originalbeachcolors@gmail.com