Terms of Use - Sunny Hairport

This Agreement is an electronic record as required under the Information Technology Act, 2000 and the amended provisions relating to-electronic records in various statutes as amended by the Information Technology Act, 2000. As this Agreement is generated by a computer system, the same does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules,2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.sunnyhairport.com website.

This Agreement is between you (User) and Sunny Hairport, a company incorporated under the Companies Act 1956 with its registered office at sunnyhairport@gmail.com and shall govern the User’s use of all services offered by Sunny Hairport through its website www.sunnyhairport.com (Website). Sunny Hairport provides its services to you subject to the notices, terms, and conditions set forth in these Terms and Conditions (Terms). When you access the Website you agree to be bound by these Terms.

In addition, when the User use’s any service on the Website,the User will be subject to the rules, guidelines, policies, terms, and-conditions applicable to such service, and they shall be deemed to be incorporated into these Terms by reference. Sunny Hairport reserves the right to change these Terms at any time without any prior notice. Sunny Hairport also reserves the right to deny access to the Website to any person at any time whether on account of violation of these Terms or otherwise.

By accessing the Website the User agrees that the User has read and understood these Terms and the User is conversant with the implications of the same. The Company shall not be liable for any damages to the User’s equipment resulting from the use of the Website.

Information posted on the Website

The User alone shall be responsible for any notes, messages,e-mails, billboard postings, photos, drawings, profiles, opinions, ideas,images, videos, audio files or other materials or information posted or transmitted on the Website by the User (Information). The User acknowledges and agrees that the User is the sole and absolute owner of all such Information. The User agrees to indemnify and keep indemnified Sunny Hairport from any and all claims, actions, liabilities, losses, damages and expenses, including reasonable attorneys’ fees, which maybe incurred by Sunny Hairport on account of the Information violating any law. The User acknowledges and agrees that Sunny Hairport will be the owner of all Information and Sunny Hairport shall, without any recourse to the User, be entitled (in accordance with the Privacy Policy) to use the Information for such purposes as Sunny Hairport may deem fit including but not limited to promotional and advertising purposes in any media and the User shall not entitled to any consideration or other compensation for such use
The User acknowledges and agrees that the Information inconsistent with Sunny Hairport’s Privacy policy and Rules and Regulations governing the User’s conduct whilst accessing the Website.

Rules and Regulations
The User acknowledges and agrees that the User shall not,intentionally or otherwise, use, host, display, upload, download, modify,publish, transmit, update or share any Information which

Belongs to another person and to which the User does not have any right to including but not limited to videos, photographs, drawings, sketches or images of another person, event or thing which videos, photographs, drawings, sketches or images are obtained without the rightful owners express written consent.
Infringes any patent, trademark, copyright or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights.
Infringes upon or violates any third party’s rights (including, but not limited to, intellectual property rights, rights of privacy (including disclosure of a person’s name, email address, postal address, cell phone number, landline number, fax number etc.) or other rights guaranteed under law.
Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or physical harm of any kind against any group or individual or otherwise unlawful in any manner whatever
Directly or indirectly – harasses another user, involves the transmission of “junk mail,” “chain letters” or unsolicited mass mailing or “spamming”, promotes or encourages illegal conduct and activities, promotes an illegal or unauthorized copy of copyrighted work, provides information about illegal activities of any nature whatsoever, interferes with another user’s use and enjoyment of the Website
Is false, inaccurate or misleading in any manner whatsoever, harm minors in any way, provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone
Impersonates another person, deceives or misleads the addressee / users / Sunny Hairport about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
Engages in commercial activities and/or sales without Sunny Hairport’s prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” items. Throughout these terms, Sunny Hairport’s “prior written consent” means a communication coming from Sunny Hairport’s legal department, specifically in response to the User’s request, and specifically addressing the activity or conduct for which the User has sought authorization
Solicits gambling or engages in any gambling activity which Sunny Hairport, in its sole discretion, believes is or could be construed as being illegal
Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page) or viruses, time bombs, trojan horses, cancel bots, worms or other harmful or deleterious components or devices
Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
Contains any computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information
Refers to any website or URL that, in the sole discretion of Sunny Hairport, contains material that is inappropriate for the Website, contains content that would be prohibited on the Website, or violates the letter or spirit of these Terms.
Tries to gain unauthorized access or exceeds the scope of authorized access to Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation
That the illegal and / or unauthorized uses of the Website, including without limitation, collecting usernames and/or email addresses and/or other information of registered members by electronic or other means for any purpose including sending unsolicited email and unauthorized framing of or linking to the Website, is strictly prohibited.
Not to engage in any unauthorized interception of the data stream to or from the Website.
Not engage in advertising to, or solicitation of, other users through the Website to buy or sell any products or services, including, but not limited to, products or services related to the Website.
Not to transmit any chain letters or unsolicited commercial or junk email to other users via the Website.
That it would be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Website without their prior explicit consent.
That to protect it’s users from advertising or solicitation, Sunny Hairport reserves the right to restrict the number of messages or emails which a user may send to other users in any defined period to a number which Sunny Hairport deems appropriate in its sole and absolute discretion.
That Sunny Hairport has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any legislation, binding regulatory decisions or orders, binding decision, order, writ, injunction, judgment, decree or award of the Government of India and the Government of any State or Union Territory of the Indian Union or any judicial, quasi-judicial or administrative authority of competent jurisdiction.

Sunny Hairport is authorized to disclose any information about the User to law enforcement or other government officials, as Sunny Hairport, in it’s sole discretion, believes necessary or appropriate in connection with the investigation and/or resolution of possible crimes or any nature whatsoever,

Payments
Sunny Hairport makes the following payment options available for purchase of products displayed on the Website

Visa/Master Card / Debit Card / American Express etc.
Net banking
Cash on Delivery

While availing any of the payment method/s offered by us, we are not responsible and take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to the User out of the decline due to

Lack of authorization for any transaction/s,
Exceeding the preset limit mutually agreed by you and between your “Bank/s”,
Any payment issues arising out of the transaction
Decline of transaction for any reason/s.

All payments made against the purchases/services on the Website by the User shall be compulsorily in Indian Rupees acceptable by the Union of India. Sunny Hairport does not accept any other form of currency with respect to the purchases.

Sunny Hairport does not violates any law including treaty obligations undertaken by India and enforceable under Indian Law, delegated legislation, binding regulatory decisions or orders, binding decision, order, writ, injunction,judgment, decree or award of the Government of India and the Government of any State or Union Territory of the Indian Union or any judicial, quasi-judicial or administrative authority of competent jurisdiction

Sunny Hairport reserves the right to review, edit, reject, refuse to post and/or delete any Information as Sunny Hairport may in it’s sole and absolute discretion deem necessary whether on account of violation of these Terms or otherwise.

The User undertakes to use the Website in a manner consistent with all applicable laws and regulations.

The User further acknowledges and agrees

That the Information posted in public areas of the Website does not necessarily reflect the views of Sunny Hairport and in no event shall Sunny Hairport assume or have any responsibility or liability for any Information posted or for any claims, damages or losses resulting from use of Information and /or appearance of Information on the Website.
The User represents and warrants that the User has all necessary rights in and to all Information and that such Information shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
The User acknowledges and agrees that correspondence or business dealings with, or participation in promotions of, advertisers found nor through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. Sunny Hairport shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
The User acknowledges and agrees that the possibility of other users (including unauthorized users or “hackers”) posting or transmitting offensive or obscene materials on the Website cannot be ruled out and therefore the User may be exposed to such offensive or obscene materials. The User also acknowledges and agrees that it also is possible for others to obtain personal information about the User due to the User’s use of the Website, and that the recipient may use such information to harass or injure the User. Sunny Hairport does not approve of such unauthorized uses but by using the Website you acknowledge and agree that Sunny Hairport is not responsible for the use of any personal

Other Businesses
Sunny Hairport does not take responsibility or liability or warrant including but not limited to, the actions, products, content and services on the Website, which are linked through including but not limited to affiliates and sites using Website. Although, Sunny Hairport may provide links to the sites of companies and certain other businesses, Sunny Hairport is not responsible for examining or evaluating the products and services offered by them, and Sunny Hairport does not warrant the offerings of, any of these businesses or individuals or the content of their website.

Links
The Website may contain links to other web sites or the User may be linked through other web sites These links are merely for the User’s convenience and the User acknowledges and agrees that the User is accessing them at the User’s own risk. Neither is Sunny Hairport responsible forth content of any such links nor does Sunny Hairport endorse the same.

The User may establish a hypertext link to the Website, provided that the link does not state or imply any sponsorship or endorsement of the User’s site by Sunny Hairport. The User undertakes not to use on it’s site or in any other manner any trademarks, service marks or any other materials appearing on the Sunny Hairport Website, including any logos or characters,without the express written consent of the owner of the mark or materials. The User undertakes not to incorporate into another web site or present in conjunction with any web site any of the content or other materials on the Sunny Hairport Website without Sunny Hairport’s prior written consent.

The User acknowledges, agrees, understands and confirms that the credit card details provided by the User for availing of services on the Website are correct and accurate and the User shall not use the credit card which is not lawfully owned by the User. The User further agrees and undertakes to provide the correct and valid credit card details to Sunny Hairport Sunny Hairport will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on the User and the onus to ‘prove otherwise’ shall always be exclusively on the User.

Offers & Promotions

Offers and promotions are only applicable to products purchased on our website www.sunnyhairport.com
Offers may be valid only on limited items and/or for a limited period
Sunny Hairport reserves the right to extend or recall any offers or promotions at its discretion
No two offers can be combined for a single purchase
Promotional offers may not be be applicable for purchases made using store credit
Promotional offers may not be applicable on large items unless otherwise explicitly specified by Sunny Hairport
Free shipping is not applicable large items unless otherwise explicitly specified by Sunny Hairport
Certain promotional offers are valid only for purchases above a specified value
All offers may not be available to all customers at the same time
Offers are not applicable on items already on sale or discounted
Products bought during offers and sales are not eligible for refund/returns or exchanges
Certain offers may have a maximum cap on the value of discount offered
Gift Promotions – Free gifts are only offered while stocks last. The offered gift is out of stock if it does not get added to your basket at checkout & NOT valid if used with a discount promo code. Contents in gift may vary. Gift promotions can be very popular & while we do our best to ensure everyone receives one, there can be instances where the gift contents may be substituted and/or we run out & therefore are unable to fulfill the gift offer.

Products and Pricing
Sunny Hairport tries to be as accurate as possible. However, Sunny Hairport does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free.

Pricing/Typographical error

Pricing on the product is as it shows, however due to any technical issue, typographical error or product information received from our suppliers’ prices of the product may vary.
Sunny Hairport will try to be accurate, however if the User comes across any difference in pricing on the Website pre and post orders, Sunny Hairport requests it’s users to contact us at SunnyHairport@gmail.com within 72 hours of placing your order.
Sunny Hairport shall offer the User store credit for the difference in the amounts within 10-15 business days of intimation.
Sunny Hairport reserves the right to change the prices of the products without any prior notice.
The User acknowledges and agrees that if the User has paid a lower amount, Sunny Hairport may request the User to pay the applicable difference, which difference the User unconditionally agrees to pay failing which Sunny Hairport shall cancel the Order without any further act by the User.
Sunny Hairport reserves the right to change the prices on the website depending on the sale event that the product features in. This may change from time to time.

Warranties and Liability
The Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available to the User through the Website are provided “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Sunny Hairport does not warrant that:

The Website or any of them will be constantly available, or available at all
The information on the Website is complete, true, accurate or non-misleading.
Sunny Hairport will not be liable to the User in any way or in relation to the contents of, or use of, or otherwise in connection with, the Website.
Sunny Hairport does not warrant that the Website; information, content, materials, product (including software) or services included on or otherwise made available to the User through the Website; their servers; or electronic communication sent from Sunny Hairport are free of viruses or other harmful components.
All the products sold on Sunny Hairport are governed by different State laws and if Sunny Hairport is unable to deliver such products due to implications of different State laws, Sunny Hairport will provide a credit for the amount received by Sunny Hairport from the sale of such product that could not be delivered to you.
The User acknowledges and agrees that the User has verified the dimensions of the entrance/door to the User’s home/office/shop/premise before purchasing the products, so as to ensure that there is no difficulty in moving the product into the home/office/shop/premise as the case maybe.
The User acknowledges and agrees that the User may be required to pay certain additional duties, import duties (if products are to be delivered outside India) and such other charges as maybe levied in accordance with the applicable law in the country / state where the User resides. Additionally, the User may also be required to provide Sunny Hairport with a Declaration, in such format as maybe prescribed by Sunny Hairport from time to time, to enable Sunny Hairport to deliver the products to the User without any hindrance
The User acknowledges and agrees that in no event will Sunny Hairport be liable for any special, incidental, indirect or consequential damages or losses of any kind, arising from the use of the Website even if Sunny Hairport was informed about the possibility of such damages or losses.

Sunny Hairport cannot be held responsible for any allergic reaction from the Beauty & Personal care products, as Sunny Hairport is only a selling portal. Please read the ingredients carefully for things you might be allergic to.

Applicable Law
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. And all disputes shall be subject to the exclusive jurisdiction of the court at Delhi to the exclusion of all other courts.

Product Warranties
Sunny Hairport does not manufacture any products. Warranties do not extend to products imported into India. Warranties (if any) for Indian products are only those as maybe extended by the manufacturer of the product from time to time.

Trademark, Copyright and Restriction
Except as otherwise explicitly stated, the Website is controlled and operated by Sunny Hairport. All material on the Website, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by Sunny Hairport or by other parties that have licensed their material to Sunny Hairport. Material on the Website owned, operated, licensed or controlled by Sunny Hairport is solely for the User’s personal, non-commercial use. The User acknowledges and agrees that the user shall not use, copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means and whether directly or indirectly and the User shall not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which the User receives, directly or indirectly, any remuneration, whether in money or otherwise, is a commercial use for the purposes of this Clause.

User’s Account

The User acknowledges and agrees that any use on the Website is at the User’s own risk and Sunny Hairport is not responsible for the same. The User further agrees that the User alone shall be responsible for maintaining the confidentiality of the User’s account and password and for restricting access to the User’s computer.
The User hereby specifically acknowledges and agrees to accept the responsibility for all activities that occur under the User’s account or password.
Sunny Hairport also reserves the right to block any User from accessing the Website and / or delete a User’s account without any notice to the User.
Products sold on Sunny Hairport are not for persons below 18 years of age.

Copyright complaint
We at Sunny Hairport respect the intellectual property of others. In case the User’s feel that the User’s work has been copied in a way that constitutes copyright infringement you can write to us at sunnyhairport@gmail.com