Terms of service
[Effective Date: 8th Oct'24]
OVERVIEW
This website is operated by PragmaticHome®. Throughout the site, the terms “we”, “us”, and “our” refer to PragmaticHome. We offer this website — including all related information, tools, products, and services — to you, the user, on the express condition that you accept and agree to comply with all the terms, conditions, policies, and notices outlined herein.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional policies and guidelines linked within this document or available by hyperlink. These Terms apply to all site visitors — including browsers, vendors, customers, merchants, and content contributors — without exception.
You should read these Terms carefully before accessing or using the website. Accessing any part of the site constitutes your agreement to these Terms. If you do not agree to all terms and conditions, you must refrain from using the site and our Services.
Any new features, tools, or capabilities added to the current store will also be subject to these Terms. You can review the most recent version of the Terms at any time on this page. We reserve the right to update, amend, or replace any part of these Terms by posting such changes to the website. It is your responsibility to check periodically for updates; continued use of our site following posted changes constitutes acceptance of those changes.
Our online store is hosted on Shopify Inc., which provides the e‑commerce platform enabling us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms, you confirm that you are at least the age of majority under the laws of your state or union territory of residence. If you are a minor, you may only use our website with the consent and active supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
You further agree that:
- You will not use our products or services for any unlawful or unauthorized purpose.
- You will comply with all applicable laws, including copyright and trademark regulations, during your use of the Service.
- You will not introduce any malicious code — including viruses, worms, or other harmful programs — into the website or Service.
Any breach of these Terms may lead to immediate termination of your access to our Services without prior notice, in addition to any legal remedies available to us.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time, without obligation to provide an explanation.
You acknowledge that while payment details are always encrypted during transmission, other non‑financial content you submit may be transferred unencrypted over various networks, and may be altered to conform to technical requirements of connected devices or systems.
You agree not to duplicate, reproduce, copy, sell, resell, or exploit any portion of the Service — including its use and access — without express written consent from us.
Headings within this agreement are provided for convenience only and do not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We strive to ensure the accuracy, completeness, and timeliness of all content provided on this site, but we do not guarantee that all information will be free of errors or omissions. The materials here are provided for general informational purposes only and should not be the sole basis for decision‑making. You should consult primary, more accurate, or more complete sources before acting.
This site may contain certain historical information. Such content is provided for reference only and may not reflect the most current data or status. We reserve the right to modify the contents of the site at any time but have no obligation to update information. You agree it is your responsibility to monitor changes to our website.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without prior notice. We may revise pricing due to fluctuations in raw material costs, changes in supplier terms, or changes in applicable taxes, including GST.
We reserve the right, at any time, to modify or discontinue the Service — or any part, feature, or content thereof — without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online via our website. These items may have limited quantities and are returnable or exchangeable only according to our Refund Policy.
We make every effort to display accurate product images, colors, and descriptions, but cannot guarantee that your device’s display will perfectly reflect actual product attributes.
We reserve the right, but are not obligated, to limit the sale of products or services to any person, geographic region, or jurisdiction. This right may be exercised on a case‑by‑case basis. We may also limit quantities available for sale, discontinue products, or change product descriptions and pricing without notice.
We do not warrant that any products, services, or information obtained will meet your expectations, nor do we guarantee that any errors will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
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. Restrictions may include orders placed under the same account, credit card, and/or billing or shipping address.
In the event we make a change to or cancel an order, we may attempt to notify you via the email, phone number, or billing address provided at the time the order was placed.
You agree to provide current, complete, and accurate purchase and account information, and to promptly update such details — including email address and payment information — to ensure we can complete your transactions and communicate with you as necessary.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third‑party tools over which we have no monitoring, control, or input. You acknowledge that we provide such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without endorsement.
Use of these optional tools is entirely at your own risk and discretion, and you should ensure that you understand and approve the terms provided by the relevant third‑party provider(s).
We may, in the future, offer new services and/or features (including the release of new tools and resources) through the website. Such additions will also be subject to these Terms.
SECTION 8 – THIRD‑PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Links to third‑party websites, embedded content, or services are provided solely for your convenience. We do not monitor or have control over the content of these websites and are not responsible for examining or evaluating their accuracy or reliability.
We are not liable for any harm or damages related to your purchase or use of goods, services, resources, content, or any other transactions made in connection with any third‑party websites. You must review their policies and practices carefully before engaging in any transaction. Complaints, claims, or concerns regarding third‑party products or services should be directed to the relevant provider.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit specific content (such as contest entries) or, without our request, you send creative ideas, proposals, plans, or other materials — whether online, by email, or by postal mail — you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use such content in any medium.
We are and shall be under no obligation to:
- Maintain any comments in confidence;
- Pay compensation for any comments; or
- Respond to any comments.
We may, but are not obliged to, monitor, edit, or remove content we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or in violation of intellectual property or these Terms.
You agree that your submissions will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights, and will not contain unlawful, abusive, or obscene material, nor any malware or harmful code.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which you can access at any time through the link provided on our website.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
While we make every effort to provide accurate and up‑to‑date information, there may occasionally be content on our website or within the Service that contains typographical errors, inaccuracies, or omissions. These may relate to product descriptions, pricing, promotional offers, shipping charges, transit times, or product availability.
We expressly reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is found to be inaccurate — at any time, without prior notice — including after you have placed your order.
We are under no obligation to update, amend, or clarify information in the Service or on any related site, except where required by applicable law. Any date provided to indicate an “update” or “refresh” of the Service should not be interpreted as meaning that all information has been modified as of that date.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions described in these Terms, you agree not to use the website or its content for any of the following purposes:
- For any unlawful purpose or to solicit others to participate in unlawful acts.
- To violate any applicable laws, rules, or regulations, whether local, national, or international.
- To infringe upon or violate our intellectual property rights or the rights of others.
- To harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any person based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- To submit false, misleading, or fraudulent information.
- To upload or transmit malicious code, viruses, or any other harmful program that could impact the functionality of the Service, related websites, or the wider Internet.
- To collect or track the personal data of others without lawful consent.
- To engage in unsolicited advertising, phishing, spamming, data scraping, or similar harmful activity.
- For obscene, immoral, or otherwise offensive purposes.
- To attempt to bypass or interfere with security measures of the Service, any related website, other websites, or the Internet at large.
Violation of these prohibitions may result in the immediate termination of your access to the Service, and may expose you to civil or criminal liability under applicable laws.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or free from errors. Similarly, we make no assurance that the results obtained from the Service will be accurate or reliable.
From time to time, we may suspend the Service for indefinite periods or cancel the Service altogether, without prior notice to you. You expressly agree that your use of — or inability to use — the Service is at your sole risk.
Unless expressly stated otherwise by us, the Service and all products and services delivered to you via the Service are provided on an “as is” and “as available” basis, without any representation, warranties, or conditions of any kind — whether express or implied. This includes (but is not limited to) implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non‑infringement.
In no case shall PragmaticHome®, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages — including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages — arising from your use of any part of the Service or any products procured through it. This applies regardless of the basis for the claim, whether in contract, tort (including negligence), strict liability, or otherwise.
Where some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by applicable law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PragmaticHome®, along with our parent company (if any), subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from and against any claims, demands, liabilities, damages, costs, and expenses — including reasonable legal fees — arising from your breach of these Terms or of any applicable laws, or from your violation of the rights of any third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is found by a court or other competent authority to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be considered severed from these Terms. Such a determination will not affect the validity or enforceability of the remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service shall remain effective unless terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail — or we suspect you have failed — to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice. In such an event, you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part of them).
SECTION 17 – ENTIRE AGREEMENT
The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website (or in respect to the Service) constitute the entire agreement and understanding between you and us, and govern your use of the Service — superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions.
Any disputes shall be subject to the exclusive jurisdiction of the courts located in Pune, Maharashtra, India.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
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 site or the Service following the posting of any changes constitutes acceptance of those changes.
