. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Disclaimer of Warranties
This Site and all Shapermart content, information, products and third party content made available to you through the Site, including the products sold at the website, are provided on an “as is” basis. Therefore, Shapermart makes no warranty as to quality, accuracy, completeness or validity of the products or its descriptions, nor of the Content of the Site.
By using the Site, you are acknowledging that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any device you use in connection with your use of our Site, and that Shapermart will not be liable for any damages of any kind related to your use of this Site.
You agree that, at any time, we may remove products or access to the Site for unlimited periods of time or cancel the Site at any time, without prior notice.
To the extent that this Site contains links to outside services and resources, Shapermart hereby states that it has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services.
Limitation of Liabilities
To the full extent permissible by law, in no event Shapermart, or its officers, directors, employees, shareholders or agents, will be liable for damages of any kind arising from the use of the Site, or from any information, content, materials, products or other services included on, or made available to you, through the Site (including the purchasing of products), including, but not limited to direct, indirect, incidental, punitive, and consequential damages, or any damages that result from errors, omissions, disruptions, deletion of files or emails, imperfections, viruses, delays of any time or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorized access to Shapermart’s records, programs or services; and be liable to the users for any indirect, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of users’ personal information, or the inability to use the Site.
In case Shapermart breaches these Terms, we shall only be liable for losses or damages which are a reasonably foreseeable consequence of such breach, or of our failing to use reasonable care and skill; but we will not be responsible for any loss or damage that is not foreseeable. In all cases Shapermart’s liability would be limited to the total price of your order as it is stated below.
You understand that you are personally responsible for your behavior while using the Site and agree to indemnify and hold harmless Shapermart, including its officers, directors, employees, agents and licensors from and against claims of any kind that these may incur in connection with a third party claim or otherwise, arising out of or related to your unauthorized use of the Site or its content, your violation of these Terms, applicable law or the rights of any third party. To the extent permitted under applicable laws, you hereby release Shapermart, including its officers, directors, employees, agents and licensors from any and all claims or liability related to your unauthorized use of the Site or its Content, or non-compliance of these Terms.
Shapermart will not be responsible for any material or manufacturing faults in products that we have supplied, including damage incurred in transit, but only for breaches in its capacity as seller of the products. Please note that Shapermart is not the manufacturer of the products, and any liability related to manufacturing shall be the exclusive responsibility of the manufacturer.
In all cases, without prejudice of the limitations included above, Shapermart’s responsibility for any loss or damage will be limited to the total price of your order. Additionally, you agree that any claim you may have arising out of or related to your relationship with Shapermart must be filed within one year as from the date such claim arose. Otherwise, your claim shall be permanently barred.
10. GOVERNING LAW AND COMPETENT JURISDICTION
These Terms are governed by and construed in accordance with the laws of Bengaluru without giving effect to any principles of conflicts of law. You agree to resolve any dispute you have with Shapermart exclusively in a Bengaluru City Court.
Each paragraph of these Terms operates separately. This means that in the event that any provision of these Terms is held to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of the rest of Terms.
Shapermart’s failure to insist upon or enforce strict performance of any provision of these Terms will not be considered a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition.