TERMS AND CONDITIONS

 

SHIVA'S DELIGHT PRODUCTS

• Acceptance Of The Shiva’s Delight Terms and Conditions 

CREDIT CARD DETAILS

For your safety, and ours, Shiva’s Delight has chosen to use shopify for processing all of our online financial transactions. As a result, Shiva’s Delight does not store any of your financial information on our site. Once you have finished shopping, and confirmed client/shipping details, you will reach our confirmation page. You will forwarded to a secure payment page, where your financial details will be processed. After the transaction is completed, you will be returned to the Shiva’s Delight website.We value the financial safety and security of our customers.

ADVICE

Information relating to health conditions, products, and treatments, is for informational purposes only. Products make no medical claims and are not meant to be a substitute for the advice provided by your own physician or other medical professionals. This includes any information contained on product packaging or labels. We recommend a patch test to make sure that you are not allergic to any ingredients. All of our products are created for topical applications and, although made with natural ingredients, should not be eaten. Avoid direct contact with eyes. If contact does occur, flush eyes with water.Information in our articles or newsletters are for informational purposes only. Our information makes no medical claims and are not meant to be a substitute for the advice provided by your own physician or other medical professionals. This includes all information on the entire website.

CHANGE OF USE

Shiva’s Delight reserves the right to: • Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Purple Essentials shall not be liable to you for any such change or removal. • Change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

LINKS TO THIRD PARTY WEBSITES

The Shiva's Delight website may include links to third party websites that are controlled and maintained by others. Any links to other websites are not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. 

COPYRIGHT

 • All copyright, trade marks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Shiva’s Delight or otherwise used by Shiva’s Delight as permitted by law. 
• In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only. 

DISCLAIMERS AND LIMITATION OF LIABILITY  

• The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.  
• To the extent permitted by law, Shiva’s Delight will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.  
• Shiva’s Delight makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.  
• Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Shiva’s Delight for death or personal injury as a result of the negligence of Shiva’s Delight or that of its employees or agents. 

INDEMNITY

You agree to indemnify and hold Shiva’s Delight and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Shiva’s Delight arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with Canadian law and you hereby submit to the exclusive jurisdiction of Canadian courts.For any further information please contact us.

 

THE SHIVA'S DELIGHT WEBSITE


These terms and conditions outline the rules and regulations for the use of the Shiva's Delight Website.

Shiva’s Delight is located at:

Kingston, Ontario K7M 2B4, Canada

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use the Shiva’s Delight website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company", “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Canada. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

COOKIES

We employ the use of cookies. By using the Shiva’s Delight [2]'s website you consent to the use of cookies in accordance with the Shiva’s Delight privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

LICENSE

Unless otherwise stated, Shiva’s Delight and/or it’s licensors own the intellectual property rights for all material on Shiva’s Delight. All intellectual property rights are reserved. You may view and/or print pages from http://www.shivasdelight.com [3] for your own personal use subject to restrictions set in these terms and conditions.

You must not:

   • Republish material from http://www.shivasdelight.com [3]

   • Sell, rent or sub-license material from http://www.shivasdelight.com [3]

   • Reproduce, duplicate or copy material from http://www.shivasdelight.com [3]

   • Redistribute content from Shiva’s Delight (unless content is specifically made for redistribution).

USER COMMENTS

This Agreement shall begin on the date hereof.

   Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Shiva’s Delight does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Shiva’s Delight, its agents or affiliates.

   Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Shiva’s Delight shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

   Shiva’s Delight reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

   You warrant and represent that:

      • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

      • The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

      • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy

      • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

      • You hereby grant to Shiva’s Delight a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

HYPERLINKING TO OUR CONTENT

The following organizations may link to our Web site without prior written approval:

   • Government agencies;

   • Search engines;

   • News organizations; 

   • Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and

   • Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

We may consider and approve in our sole discretion other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources such as         Chambers of Commerce, American Automobile Association, AARP and Consumers Union;

  • dot.com [4] community sites;

  • associations or other groups representing charities, including charity giving sites,

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms whose primary clients are businesses; and

  • educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b) the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Shiva’s Delight; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail on our contact page http://www.shivasdelight.com/pages/contact. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

   • By use of our corporate name; or

   • By use of the uniform resource locator (Web address) being linked to; or

   • By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

No use of the Shiva’s Delight logo or other artwork will be allowed for linking absent a trademark license agreement.

IFRAMES

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

CONTENT LIABILITY

We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

RESERVATION OF RIGHTS

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

REMOVAL OF LINKS FROM OUR WEBSITE

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

DISCLAIMER

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury resulting from negligence;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.