OVERVIEW
This website is operated by Soul & Peace. Throughout the site, the terms “we”, “us”
and “our” refer to Hyper Viper. Hyper Viper offers this website, including all
information, tools and services available from this site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to all
users of the site, including, without limitation, users who are browsers, vendors,
customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, you
may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the
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 to update, change or replace any part of
these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use of or
access to the website after posting any changes constitutes acceptance of those
changes.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence or that you are the age of majority in
your state or province of residence, and you have given us your consent to allow any
of your minor dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you,
in the use of the Service, violate any laws in your jurisdiction (including but not
limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of
your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason.
You understand that your content (not including credit card information) may be
transferred unencrypted and involve (a) transmissions over various networks and (b)
changes to conform and adapt to the technical requirements of connecting networks
or devices. Credit card information is always encrypted during transfer over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided without express written permission by us.
The headings 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
We are not responsible if the information on this site is not accurate, complete or
current. The material on this site is provided for general information only. It should
not be relied upon or used as the sole basis for making decisions without consulting
primary, more accurate, complete, or timely sources of information. Any reliance on
the material on this site is at your own risk.
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
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
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)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return or
exchange only according to our Return Policy.
We have made every effort to display the colours and images of our products that
appear at the store as accurately as possible. We cannot guarantee that your
computer monitor's display of any colour will be accurate.
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
or services we offer. All descriptions of products or product pricing are subject to
change at any time without notice, at the sole discretion of us. We reserve the right
to discontinue any product at any time. Any offer for any product or service made on
this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations or that any errors
in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we
may limit or cancel quantities purchased per person, household, or order. These
restrictions may include orders placed by or under the same customer account,
credit card, and/or orders using the same billing and/or shipping address. If we
change or cancel an order, we may attempt to notify you by contacting the e‑mail
and/or billing address/phone number provided when 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.
You agree to provide current, complete and accurate purchase and account
information for all purchases at our store. You agree to promptly update your account
and other information, including your email address credit card numbers and
expiration dates, so that we can complete your transactions and contact you as
needed.
For more details, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you access to third-party tools we neither monitor nor have any
control or input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions and any
endorsement. We shall have no liability arising from or relating to your use of
optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and
discretion, and you should ensure that you are familiar with and approve of the terms
on which tools are provided by the relevant third-party provider(s).
We may also offer new services and/or features through the website (including
releasing new tools and resources). Such new features and/or services shall also be
subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
third-party materials.
Third-party links on this site may direct you to third-party websites not affiliated with
us. We are not responsible for examining or evaluating the content or accuracy and
we do not warrant. We will not have any liability or responsibility for any third-party
materials or websites or any other materials, products, or services of third parties.
We are not liable for any harm or damages related to purchasing or using goods,
services, resources, content, or other transactions connected with any third-party
websites. Please review the third-party's policies and practices carefully and ensure
you understand them before engaging 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
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.
We may, but have no obligation to, monitor, edit or remove content that we determine
in our sole discretion are unlawful, offensive, threatening, libellous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms of Service.
You agree that your comments will not violate any third party's rights, including
copyright, trademark, privacy, personality or other personal or proprietary right. You
further agree that your comments will not contain libellous or otherwise unlawful,
abusive or obscene material or any computer virus or other malware that could affect
the operation of the Service or any related website. 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. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume no
liability for any comments you or any third party posted.
SECTION 10 - PERSONAL INFORMATION
Our Privacy Policy governs your submission of personal information through the
store. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our site or in the Service may contain typographical
errors, inaccuracies or omissions related to product descriptions, pricing, promotions,
offers, product shipping charges, transit times and availability. 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 Service or on any related website is inaccurate
at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or
on any related website, including pricing information, except as required by law. No
specified update or refresh date applied in the Service or on any related website
should be taken to indicate that all information in the Service or related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit
others to perform or participate in any unlawful acts; (c) to violate any international,
federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe
upon or violate our intellectual property rights or the intellectual property rights of
others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race, age,
national origin, or disability; (f) to submit false or misleading information; (g) 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; (h) to collect or track the personal
information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j)
for any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. 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
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service
will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through the service
are (except as expressly stated by us) provided 'as is' and 'as available' for your use,
without any representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
In no case shall Soul & Peace, our 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 of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from your use
of any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Soul & Peace and 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 of Service 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 of Service 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 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us.
You may terminate these Terms of Service 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 that you have failed, to comply with
any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts due
up to and including the date of termination; and/or accordingly may deny you access
to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service 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 site
or in respect to The Service constitutes 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 of Service).
Any ambiguities in the interpretation of these Terms of Service 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.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of
these Terms of Service 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 or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
support@hyperviper.in.
SECTION 21 - CASH ON DELIVERY ORDERS
We reserve the right to cancel "Cash on Delivery" order if we do not receive the
confirmation from the customer or if the pincode is not serviceable for "Cash on
Delivery" by us.
SECTION 22 - POLICY CHANGES
We reserves the right to change these terms and conditions at any time without prior
notice. In the event that any changes are made, the revised terms and conditions
shall be posted.
