TERMS AND CONDITIONS
SteamUp is a brand owned and marketed by proprietors.
www.steamup.in (“Website”) is an online service owned and operated by SteamUp Foods Pvt. Ltd and henceforth is referred to as “SteamUp”.
In using the Website, you are deemed to have accepted the Terms and Conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website. If you have any queries about these terms & conditions or have any comments or complaints on or about the website, please email us at [email protected]
We reserve the right to change these terms & conditions from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
PRODUCT & SERVICES INFORMATION
SteamUP attempts to be as accurate as possible in the description of the product on the Site. However, SteamUp does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product.
SteamUp reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability.
Use of the Website
Welcome to www.steamup.in (“Site” or “SteamUp ”). This Site is owned and operated by SteamUp (“SteamUp Foods”), a company incorporated under the provisions of The Limited Liability Partnership Act, 2008, with its registered office at 201, Neel Tarang CHS, Plot No 306/1, Sector 21 Nerul, Navi Mumbai, Thane, Maharashtra – 400 706.
The Website is provided for your personal use. SteamUp has taken every reasonable care in preparing the content of this website. However, SteamUp disclaims all warranties of any kind with regard to the content services and products contained on this website.
SteamUp and its employees shall not be liable for any losses or claims arising directly or indirectly from the use of this website. Any links to other websites or providers of information in any medium are provided for interest only. SteamUp accepts no responsibility or liability whatsoever for their content. Such links do not imply SteamUp’s endorsement of any content or product. The Website is provided without any warranties or guarantees – you must bear all the risks associated with the use of the Internet.
Ownership of Rights
Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of SteamUp. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. All rights, including copyright, in this website are owned by or licensed to SteamUp. All content is owned by SteamUp. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available in the website.
You may not use steamup.in for any of the following purposes:
- circulating any unlawful, harassing, abusive, obscene or otherwise objectionable material
- gaining unauthorized access to other computer systems
- interfering with any other person’s use or enjoyment of the steamup.in website
- breaching any laws concerning the use of public telecommunications networks or
- interfering or disrupting networks or other websites connected to the steamup.inwebsite
- making, transmitting or storing electronic copies of materials protected by copyright
without the permission of the owner
Accuracy of Content and Invitation to Offer
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of taxes. Services however are listed exclusively of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of SteamUp products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions as listed herein. We reserve the right to accept or reject your offer in part or in full. SteamUp’s acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by SteamUp and the balance would continue to be on offer to SteamUp and we reserve the right to accept or reject such balance order.
No act or omission of steamup.in prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm dispatch and therefore acceptance of the order.
SteamUp reserves the right, at its sole discretion, to limit the quantity of items purchased per person, per household or per order on the website. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. SteamUp also reserves the right, at its sole discretion, to prohibit sales to any one as it may deem fit.
SteamUp strives to provide accurate product and pricing information, however errors may occur.
SteamUp cannot confirm the price of the product until you make the order. Without limiting the generality of the Cancellations, Refunds and Returns clause, if a product or service is listed at an incorrect price or with incorrect information due to any technical error, SteamUp shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product or service, unless the product has already been delivered or the service has already been availed by you. In the event that an item is wrongly priced, SteamUp may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been delivered and the services are availed, your offer will not be deemed accepted and SteamUp will have the right to modify the price of the product/ service and contact you for further instructions using the e-mail address provided by you during the time of registration or placing of order, or cancel the order and notify you of such cancellation. In the event that SteamUp accepts your order the same shall be debited to your credit card account and duly notified to you by email that the payment has been processed. The payment may be processed prior to SteamUp’s dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed to your credit / debit card account. PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES PROVIDED OR OFFERED ON THE SITE ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE AND AT THE SOLE DISCRETION OF SteamUp. SteamUp may revise and cease to make available any product/ services at anytime. In the event, SteamUp is unable to deliver the product to you on time or at all, you will be notified by an e-mail and your order will be automatically cancelled due to unavailability of the product or at your instructions due to failure to deliver the product on the expected time of delivery by our delivery partners. SteamUp shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.
SteamUp disclaims all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this website. In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that SteamUp is in no manner responsible for any manufactural side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same. We consider ourselves and intend to be subject to the jurisdiction only of the courts of Mumbai, India.
You agree to defend, indemnify and hold harmless SteamUp, its employees, directors, officers, agents and their successors and assigns its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to SteamUp or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
GOVERNING LAW AND JURISDICTION
SteamUp reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.
Without any prejudice to particulars listed in the paragraph above, SteamUp shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.
RECOMMENDATION OF THE PRODUCT & SERVICES
Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by SteamUp or any of its associates in any manner.
Eligibility of Use
This Site is directed to be used by adults only and to persons who can form legally binding contracts under applicable law. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. SteamUp or its associates do not knowingly collect information from minors. You will be responsible for maintaining the confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, is not confidential or proprietary and does not infringe any rights of a third party.
If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the ‘Contact Information’ provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to SteamUp.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this web are appropriate for use, or available outside India. Those who choose to access this website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India.
You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at [email protected]
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
The site is presented “as is.” Neither we nor our holding, subsidiaries, affiliates, partners, or licensors make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
You agree that, to the fullest extent permitted by applicable law, neither we nor our holding, subsidiaries, affiliates, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of SteamUp. We make no representations or warranties that defects or errors will be corrected.
Further, to the fullest extent permitted by law, neither we nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including lost profits) related to the site or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages and in no event shall our maximum aggregate liability exceed.
You agree that no claims or action arising out of, or related to, the use of the site or these terms and conditions may be brought by you more than one (1) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the site, termination of your use of the site is your sole remedy. We have no other obligation, liability, or responsibility to you.