Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains unless expressly excluded by their own terms and conditions), and the sushmitajain.com website owned and operated by Sushmita Jain. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either part of the sushmitajain.com Team or engaged as a consultant or otherwise providing services to sushmitajain.com and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

• All Content included on the Website, unless added by Users, is the property of sushmitajain.com, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
• You may, for your own personal, non-commercial use only, do the following:
  1. retrieve, display and view the Content on a computer screen;
  2. share content on social media only where it is provided with sharing buttons;
  3. recommend products/services to your friends.
• You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of sushmitajain.com.
• You are responsible for each and every access or use of the Website that occurs in conjunction with the use of your username and password.
• Use of your username and password is conclusive evidence that you have accessed the Website.
• You must keep your username and password confidential.
• You must not allow any third party to access the site using your username and password and take advantage of the site on your behalf by viewing/using any of the content.

Prohibited use

• You may not use the Website for any of the following purposes:
  1. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
  2. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, or governmental order;
  3. making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

• You must ensure that the details provided by you on registration or at any time are correct and complete.
• You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
• We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
• You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Links to other websites

• This Website may contain links and affiliate links to other sites. Unless expressly stated, these sites are not under the control of sushmitajain.com or that of our affiliates.
• We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
• The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

Availability of the Website and disclaimers

• Any online facilities, tools, services or information that sushmitajain.com makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of the information, compatibility and satisfactory quality. sushmitajain.com is under no obligation to update information on the Website.
• Whilst sushmitajain.com uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
• sushmitajain.com accepts no liability for any disruption or non-availability of the Website.
• sushmitajain.com reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

• Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
• We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
• To the maximum extent permitted by law, sushmitajain.com accepts no liability for any of the following:
  1. any business or personal losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  2. loss or corruption of any data, database or software;
  3. any special, indirect or consequential loss or damage.

General

• You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
• These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the current version.
• These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
• The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
• If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
• Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
• This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Cancellation / Refund

• The Customer may cancel all or part of the order no later than 24 hours after placing an order. In this event, unless the circumstances fall under the terms of the Alteration clause, the Customer will be liable to pay a reasonable cancellation charge to be determined by sushmitajain.com to cover the sushmitajain.com expenses incurred as a result of such cancellation or changes.

Create Order

• You will be responsible for selecting the Products/Services you wish to buy, for supplying and maintaining a functioning e-mail address, for telling us how you wish to pay and for giving us any other information we request to enable us to fulfil your Order and comply with the Contract.
• All information you submit to us must be adequate, relevant, accurate and up-to-date.
• You may pay online by PayPal account or Debit/Credit card or by any other means as set out on our Website.
• When you have completed your Order, you will be shown a copy on screen. It is your responsibility to check your Order carefully to identify any errors and to correct them prior to placing your Order. The Website allows you to cancel your draft Order and to edit any details.

Place Order

• You may place your Order by clicking on the “Proceed to Pay” button.
• We will acknowledge receipt of your Order on the Web site and by e-mail, in each case promptly. This is not our acceptance of your Order, but a confirmation of its receipt.

Confirmation of your Order

• You may not assume we have accepted your Order until we send you a Confirmation email.
• We will be entitled to refuse to accept your Order if in our sole discretion, we consider it necessary. If that happens we will let you know as soon as we can. If we accept your Order, we will send you a Confirmation email.

Prices

• Currency – All prices are calculated in USD ($).

Payment

• We will send you an invoice by e-mail in respect of the fee for the Products/Services ordered.

Supply

• Subject to our obligation to supply the Products/Services at the price stated in a Contract and we reserve the right at any time to increase the list prices of the Products/Services and to change the range of Products/Services available. We will endeavour to give you as much notice as we can of changes to the range and any increase in prices.

Alteration of Order

• You will not be entitled to alter an Order after it has been accepted by us. If you request any alterations to an Order accepted by us, we reserve our right to either reject such alterations or if acceptable to us, to charge you for any additional work undertaken by us and any costs and expenses incurred as a result of such alterations. Any such agreement shall only be binding on us if expressly confirmed by us in writing.

Payment Plan

• Once you enroll in a payment plan, you are legally obligated to complete the full payment plan. Failure to do so will be considered a breach of this agreement.
• Payments will be automatically billed to the payment method you provided at the time of subscription, according to the schedule specified at the time of enrollment.
• Payments made under a payment plan are non-refundable. Partial payments or incomplete payment plans will not entitle you to any refunds or credits.
• If you default on any payment, we reserve the right to take necessary actions, including but not limited to:
  • Suspending or terminating your access to the services provided under the payment plan.
  • Reporting the default to credit reporting agencies.
  • Initiating legal proceedings to recover the outstanding amounts.
• Cancellation of a payment plan by the user will not release you from the obligation to pay the remaining balance of the plan. Cancellation requests must be submitted in writing and will only be effective upon our acknowledgment and confirmation.

Subscription and Membership

• Subscriptions (recurring payments) for services like membership are created the same way as a regular order. Subscription and membership can be managed by the user from a user account at any time.
• Upon signing up for a membership, you agree to a minimal commitment period as specified in the membership plan. You are legally obligated to fulfill this period in its entirety.
• Membership fees paid are non-refundable. No refunds or credits will be issued for any partial membership periods or unused services during the commitment period.
• You may cancel your membership after the minimal commitment period has been completed. Cancellation requests must be submitted in writing and will only take effect at the end of the current billing cycle after the minimal commitment period has ended.
• If you choose to terminate your membership before the completion of the minimal commitment period, you will be required to pay the remaining balance for the entire commitment period. Early termination does not release you from the obligation to pay for the minimal commitment period.
• As a member, you agree to comply with all applicable rules and policies regarding the use of our services. Failure to comply may result in suspension or termination of your membership without a refund.

Done For You (DFY) Services

• The scope of the DFY services will be detailed in the service agreement provided at the time of purchase. Any additional services or modifications requested outside the agreed scope may incur additional charges.
• Full payment for DFY services is required upfront unless otherwise specified. Payment plans, if offered, must be adhered to as per the agreed schedule. Non-payment or late payment may result in suspension or termination of services.
• We will make reasonable efforts to deliver the DFY services within the agreed timeline. However, we are not responsible for delays caused by factors outside our control, including but not limited to client responsiveness, third-party dependencies, or unforeseen technical issues.
• The client is responsible for providing all necessary information, access, and approvals required for the completion of DFY services. Failure to provide such information in a timely manner may result in delays.
• Revisions are limited to the number specified in the service agreement. Additional revisions or changes requested beyond the included revisions will be subject to additional fees.
• Upon full payment, you will have the rights to the final deliverables as outlined in the service agreement. We retain the right to use any work created for portfolio purposes and marketing materials unless otherwise agreed in writing.
• Both parties agree to keep confidential any proprietary information shared during the course of the project. This includes but is not limited to business strategies, technical information, and personal data.
• DFY services are non-refundable. If you choose to cancel the service before completion, you will be responsible for paying for any work already completed up to the point of cancellation.
• Our liability for any claims arising out of the provision of DFY services is limited to the amount paid by you for the service. We are not liable for any indirect, incidental, or consequential damages.
• We reserve the right to terminate the service agreement if you breach any of the terms and conditions, fail to make timely payments, or fail to provide necessary information or approvals.
• These terms and conditions are governed by and construed in accordance with the laws of the jurisdiction in which our business is registered. Any disputes arising out of or in connection with these terms will be subject to the exclusive jurisdiction of the courts of that jurisdiction.

Details

• sushmitajain.com is a website owned and operated by Sushmita Jain, located in Mumbai, India and accessible by this address https://sushmitajain.com

You can contact us by email on info@sushmitajain.com.

• These Terms and Conditions were last updated on 15/09/2023.