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Terms of service
OVERVIEW
The website www.vayathi.com and its associated features and mobile applications (Site) is owned and operated by Soyagam, ABN: 48 236 957 241
These Terms and Conditions (Terms), which incorporate our Privacy Policy and other documents referred to within these Terms, govern the supply of any products ordered by you on the Site and your use of the Site.
By browsing, accessing, using the Site or ordering a product (Order), you agree to be legally bound by these Terms. We may change these Terms at any time, and the revised Terms will be made available on our Site. By continuing to use the Site you agree to be bound by such revised Terms.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
a. To place Orders using an Account you must be at least 18 years old, and have the capacity to enter into a legally binding agreement with us. If you are under 18, you may only place an Order with the involvement of a parent or guardian - we do not sell products for purchase by children.
b. You must not:
i. use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws);
ii. use data mining, robots, screen scraping or similar data gathering and extraction tools on the Site;
iii. interfere with any security-related or other features of the Site;
iv. transmit any worms or viruses or any code of a destructive nature on the Site.
c. A breach or violation of any of the Terms will result in an immediate termination of the Site and any associated Order.
SECTION 2 - GENERAL CONDITIONS
a. We reserve the right to refuse Service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve:
i. transmissions over various networks; and
ii. changes to conform and adapt to technical requirements of connecting networks or devices.
b. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the website through which the Service is provided, without express written permission by us.
c. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
a. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
b. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
a. Prices for our products are subject to change without notice.
b. We reserve the right at any time to modify or discontinue the supply of goods or services (or any part or content thereof) on the Site without notice at any time.
SECTION 5 - PRODUCTS
a. Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Refund Policy.
https://vayathi.com/policies/refund-policy
b. Due to photographic and screen limitations associated with the representation of products, some actual products (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the Site. In addition, where it is suitable to do so, some depictions of products are created or chosen by us for promotional purposes, and may not be an exact representation of the products received. We cannot guarantee that your computer monitor's display of any colour will be accurate.
c. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.
SECTION 6 - DELIVERY
a. We aim to deliver products to you at the place of delivery (Delivery) requested by you within the time indicated by us at the time of your Order, but we can’t absolutely guarantee firm Delivery dates or times.
b. We will try to let you know if we expect to be unable to meet our estimated Delivery date or time, but, to the extent permitted by law, we will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late or delayed Delivery.
c. Please note that it might not be possible for us to deliver to some locations, nor are we able to offer equivalent delivery options to locations that we do service. If we are unable to deliver to your location, we will inform you on the relevant product page, or alternatively use the contact details that you provide to us when you make your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
d. Unless otherwise specified by you, all risk in the product shall pass to you upon Delivery. If Delivery is delayed, risk shall pass at the date when delivery would have occurred. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
e. You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
SECTION 7 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
a. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit Orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
b. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy. https://vayathi.com/policies/refund-policy
SECTION 8 - THIRD-PARTY LINKS
a. Certain content on the Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
b. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
a. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
b. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
c. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
d. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
e. You are solely responsible for any comments you make and their accuracy.
f. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
a. Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://vayathi.com/policies/privacy-policy
b. When you provide us with your email address or mobile phone number, you may opt in to electronic communications in respect of news, promotions, wishlist reminders, bag reminders and updates on the status of returns and refunds. We may also communicate with you electronically in as set out in the Privacy Policy. Your consent to receipt of certain communications may be implied from the use of certain functional aspects of this Site.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
a. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
b. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
c. We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
a. In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content:
i. for any unlawful purpose;
ii. to solicit others to perform or participate in any unlawful acts;
iii. to violate any law;
iv. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
v. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
vi. to submit false or misleading information;
vii. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
viii. to collect or track the personal information of others;
ix. to spam, phish, pharm, pretext, spider, crawl, or scrape;
x. for any obscene or immoral purpose; or
xi. to interfere with or circumvent the security features of the Site or any related website, other websites, or the internet;
b. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
a. This clause prevails over all other clauses, and, to the extent permitted by law (including the Australian Consumer Law), states our entire Liability, and your sole and exclusive remedies, for:
i. the performance, non-performance, purported performance or delay in performance of these Terms or the Site (or any part of it or them); or
ii. otherwise in relation to these Terms or the entering into or performance of these Terms.
b. Nothing in these Terms excludes or limits your statutory rights as a consumer or our liability for:
i. fraud;
ii. death or personal injury caused by our breach of duty;
iii. any breach of the obligations implied or guaranteed by law (including the consumer guarantees under the Australian Consumer Law); or
iv. any other liability which cannot be excluded or limited by applicable law.
c. In performing any obligation under these Terms, our only duty is to exercise reasonable care and skill.
d. Subject to clause 13(c):
i. To the extent permitted by law (including the Australian Consumer Law), we do not warrant and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.
ii. We exclude all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
iii. You should not rely on any information accessed using the Site to make a purchasing decision – you should make your own enquiries before forming your own opinion and taking any action based on any such information.
iv. It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
v. All products should be used strictly in accordance with any instructions, noting that in some instances instructions should not be considered a substitute for professional medical advice or treatment. You should always check product ingredients or materials, particularly where allergies or sensitivities are known. In the event of any adverse reaction, please discontinue use and seek medical assistance.
vi. We do not accept and hereby exclude any liability for breach of duty other than any such liability arising pursuant to the provisions of these Terms.
vii. Despite any other provision of these Terms to the contrary and to the extent permitted by law (including the Australian Consumer Law), in no event shall we, our affiliates and related entities, our employees, directors or agents, or our suppliers be liable for lost profits or anticipated profits or any punitive, exemplary, special, incidental or consequential loss or damages or the like arising out of or in connection with the Site, the supply of goods or services or these Terms (however arising, including negligence). You agree to accept sole responsibility for the legality of your actions under the laws that apply to you. You agree that we, our affiliates and related entities or our suppliers have no responsibility for the legality of your actions.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Soyagamand our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - SURVIVAL
The provisions of clauses that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such.
SECTION 17 - ENTIRE AGREEMENT
a. The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
b. These Terms contain all the terms agreed between you and us and supersedes and excludes any prior Terms published on this Site.
SECTION 18 - GOVERNING LAW
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Australia.
SECTION 19 - CHANGES TO TERMS
a. You can review the most current version of the Terms at any time at this page.
b. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms should be sent to us at vayathibyshanthiratna@gmail.com.
Our contact information is posted below:
Trade name: Soyagam
Email: vayathibyshanthiratna@gmail.com
Physical address: VAYATHI, PO Box 242, Stanhope Gardens, NSW 2768, Australia
Phone number: +61 433 455 507
ABN: 48 236 957 241
