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Tearms and conditions

Somayaga Terms and Conditions
This Terms and conditions apply to you the website user (“you”, “your”,“website user”, “website visitor”) and www.Yagam.com (including all sub-domains, the "Site", “Sites”). The owner of this site (referred to as “Somayaga”, “us”, “we”, “our” in this privacy policy) can be found at “About Us” Section of this site. The Terms and conditions mentioned here also covers use of any mobile device application created by Somayaga ("App", “Apps”). The Terms and conditions mentioned here apply to all the products, services, information available to you from/through this site or App.

Definitions

As used herein and throughout this Agreement:

  • “Agreement” means the entire content of this Basic Terms and Conditions document, the Written Proposal document(s) (if any), Schedule(s) (if any), together with any other Supplements.
  • “Content” means all materials, information, photography, writings and other creative content.
  • “Copyrights” means the property rights in original works of authorship, expressed in a tangible medium of expression, as defined and enforceable under Australian and International Copyright Law.
  • “Deliverables” means the services and work product specified in the Written Proposal (if any) to be delivered by Somayaga to You, in the form and media specified in the written Proposal (if any).
  • “Services” means all services and the work product to be provided to you by Somayaga as described and otherwise further defined in the Written Proposal (if any).
  • “Trademarks” means trade names, words, symbols, designs, logos or other devices or designs used in the Final Deliverables.
  • “Services” and “Products” means all the services and products, either free or paid, which are available through Somayaga to you.
  • “Support Services” means all services provided to you through this site or App or phone or email or chat services for products, services, or information available from Somayaga.

Introduction:

These terms of use govern your use of our Sites and Apps. Please read these terms in full before you use this Website or Apps provided by Somayaga. If you do not accept these terms of use, please do not use this Website. Your continued use of this site confirms your acceptance of these terms. Somayaga.com, Somayaga.in and Somayagam.info are the official websites. We are not involved and do not endorse any spinoff names or sites that may exist other than the said official sites

This document defines the terms and conditions of our working relationship. Unless otherwise agreed to in writing by both the parties, the terms of this Agreement will commence on the date that you commence using our services, products, sites or Apps. All services that Somayaga may be contracted to produce or provide for you will be subject to the following:

General Terms

1.Authorization

YouauthorizesSomayaga to perform the services outlined in this agreement on your behalf, which may include, but is not limited to, purchasing products or services, accessing information, exchanging information through this site and receiving news letters.

2.Agreement Scope and Period

Servicessupplied, costs and rates are limited to what is specifically set forth in this agreement. Any additional services will require an additional agreement. We reserve the right to adjust our service and rates after this period.

3.Costs and Fees

Changes and additions outside of the scope of this document will be quoted and invoiced to you.Youwill be advised of all costs, changes and additions before commencement of the additional work. Expenses are subject to GST, if paid in Australia.

4.Subcontractors

Somayaga reserves the right to assign subcontractors or external suppliers. Any subcontractors or external suppliers will be bound to the terms of this agreement.

5.Force Majeure

Somayaga shall not be deemed in breach of this Agreement if Somayaga is unable to complete the Services or any portion thereof by reason of fire, earthquake, labor dispute, act of God, death, illness or incapacity of Somayaga or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Somayaga’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, Somayaga shall give notice to you of its inability to perform or of delay in completing the Services and shall propose revisions to the schedule for completion of the Services.

6.Limitation of Liability

The services and the work product of Somayaga are sold “as is.” In all circumstances, the maximum liability of its Designers, Directors, Officers, Employees, Design Agents and Affiliates (“Somayaga parties”), to you for damages for any and all causes whatsoever, and Your maximum remedy, regardless of the form of action, whether in contract, tort or otherwise, shall be limited to the net cost of this project as specified in this Agreement. In no event shall Somayaga be liable for any lost data or content, lost profits, business interruption or for any indirect, incidental, special, consequential, exemplary or punitive damages arising out of or relating to the materials or the services provided by Somayaga even if Somayaga has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy.

7.Termination

Either party may terminate this Agreement by giving 30 days written notice to the other of such termination. In the event that work is postponed or terminated at the request of You, Somayaga shall have the right to bill pro rata for work completed through to the date of that request, while reserving all rights under this Agreement. If additional payment is due, this shall be payable within fourteen days of Your written notification to stop work. In the event of termination, you shall also pay any expenses incurred by Somayaga and Somayaga shall own all rights to the work. you shall assume responsibility for collection of all legal fees necessitated by default in payment.

Website Usage

This disclaimer governs your use of our website; by using our website, you accept this disclaimer in full. If you disagree with any part of this disclaimer, you must not use our website.

1.Web site Access

  • It is not necessary to register with us in order to use most parts of this Website. However, particular areas of this Website will only be accessible only if you have registered.
  • If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users
  • If you provide any information that is untrue, inaccurate, incomplete, or not current or if somayaga.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, somayaga.com has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.
  • You may not use the Site for any of the following purposes: eg: harassing, , abusive, threatening, harmful, vulgar.
  • We do not endorse or allow cash in hand or any other forms of payment other than the online payment available via Somayaga.com
  • All donations made go to making the yagam a better experience for everyone
  • There may be delays in communication with Somayaga.com
  • You may not harass, abuse or threaten the site nor post any harmful or vulgar content
  • We do not endorse or allow cash in hand or any other forms of payment other than the online payment available via Somayaga.com
  • All donations made go to making the yagam a better experience for everyone
  • There may be delays in communication with Somayaga.com
  • You may not harass, abuse or threaten the site nor post any harmful or vulgar content

2.Use of website

  • This Website may be used for your own private purposes and in accordance with these terms of use.
  • You may print and download material from this Website provided that you do not modify or reproduce any content without our prior written consent.
  • You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.
  • The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
  • Subject to the above, no part of this Website may be reproduced without our prior written permission.
  • e may communicate with you by email, phone, fax or though online forums or forms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

3.Visitor conduct

  • With the exception of personally identifiable information, the use of which is covered under our Privacy Policyany material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes
  • When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in Australia

4.Site uptime

  • All reasonable measures are taken by us to ensure that this Website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.
  • Where possible we always try to give advance warning of maintenance issues that may result in Website down time but we shall not be obliged to provide such notice.

5.Visitor provided material

  • Any material that a visitor to this Website sends or posts to this Website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.
  • When using this website you shall not post or send to or from this Website any material:
  1. for which you have not obtained all necessary consents;
  2. that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;
  3. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.
  • [We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website]

6.Links to and from other websites

  • Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
  • Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
  1. You do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
  2. You do not misrepresent your relationship with this website; and
  3. The website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
  • By linking to this Website you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

7.Disclaimer

  • Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.
  • All material contained on this Website is provided without any or warranty of any kind. You use the material on this Website at your own discretion.

8.Intellectual property rights

  • Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

9.License to use website

You may view or download for caching purposes only, and print page, images, videos orother content from the website or Apps for your own personal use, subject to the restrictions below.
You must not:

  • Republish material from this website (including republication on another website);
  • Sell, rent or otherwise sub-license material from the website;
  • Show any material from the website in public;
  • Reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
  • Edit or otherwise modify any material on the website; or
  • Redistribute material from this website [except for content specifically and expressly made available for redistribution (such as our newsletter)

10.Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, inappropriate or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Somayagaand its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, inappropriate or objectionable to you.

11.EXCLUSION OF LIABILITY

  • We do not accept liability for any loss or damage that you suffer as a result of using this Website.
  • We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.

Anti-Spam Policy

1.What is spam?

In the context of electronic messaging, "spam" means unsolicited bulk messages / unsolicited, bulk or indiscriminate messages, typically sent for a commercial purpose. We have a zero-tolerance spam policy.

2.Spam filtering

Usually our messaging systems automatically scan all incoming email [and other] messages and filter out messages that appear to be spam. We may also report incoming email as spam. This can result in IP addresses and domain names being blacklisted.

3.Spam filtering issues

No message filtering system is 100% accurate, and from time to time legitimate messages will be filtered out by our systems.
If you believe this has happened to a message you have sent, please advise the message recipient by another means.
You can reduce the risk of a message being caught by the spam filters by:

  • sending the message in plain text (instead of, or in addition to, HTML);
  • removing any message attachments;
  • avoiding the terminology and text styling typically used by spammers; and
  • ensuring that your messages are scanned for malware before dispatch.

4.User spam

We may provide a facility that enables users to send [email messages / private messages] to others.
Users must not use this facility to send spam, whether or not for a commercial purpose.

5.Receipt of unwanted messages from us

In the unlikely event that you receive any message from us or sent using our systems that may be considered to be spam, please contact us using the details below and the matter will be investigated.

6.Changes to this anti-spam policy

We may amend this anti-spam policy at any time by publishing a new version on this website.

7.Contact us

Should you have any questions about this anti-spam policy, please contact us using the details set out in our “Contact Us” page

Copyright Policy

1.Ownership of copyright

We own the copyright in:

  • this website; and
  • the material on this website (including, without limitation, the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website).
  • Contents on somayaga.com is protected by ACT, Australia copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of somayaga and is also protected by Australian copyright laws.

2.Copyright license

We grant to you a worldwide, non-exclusive, royalty-free, revocable license to:

  • View this website and the material on this website on a computer or mobile device via a web browser;
  • Copy and store this website and the material on this website in your web browser cache memory; and
  • Print pages from this website for your own use.

We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast, or show or play in public this website or the material on this website (in any form or media) without our prior written permission.

3.Data mining

The automated and/or systematic collection of data from this website is prohibited.

4.Permissions

You may request permission to use the copyright materials on this website by writing to us through the “Contac Us” Page

5.Enforcement of copyright

We take the protection of our copyright very seriously. If we discover that you have used our copyright materials in contravention of the license above, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs. If you become aware of any use of our copyright materials that contravenes or may contravene the license above, please report this to us through the “Contac Us” Page.

6.Infringing material

If you become aware of any material on our website that you believe infringes your or any other person's copyright, please report this to us through the “Contac Us” Page.

Conditions for use of Support Services

  • Somayaga may suspend its support service at any time without notice.
  • Somayaga or its executives are not responsible for any delay caused in attending to or replying to the queries though any means, not limited to via chat or email or phone.
  • Any communication through chat or email or phone may be stored by Somayaga for Somayaga reference; customer would not have the right to access this information at a later date.
  • During Support you may not put on any objectionable information i.e. unlawful, threatening, abusive, defamatory, obscene information.
  • The Support Services should not be used by you for selling of any products or advising on business opportunity or any other form of solicitation.
  • You may proceed further, and communicate with our online customer care executive only if you agree to the above terms and conditions.

Product/Service Purchase

1.General

  • Somayaga.com reserves the right to accept or reject your orders
  • Ensure that your email address provided to us is correct before you confirm your order
  • It is your responsibility to provide us with the address to send the order. You must be careful in spelling
  • Persons under 18 are not to use this site unless accompanied by a parent or guardian in which case it is the parent or guardian that agrees to this site’s Terms and Conditions upon use of this site
  • It is your responsibility to provide up to date and correct information upon purchasing orders. If you provide any information that is untrue, inaccurate, incomplete, or not current, you may not receive your orders
  • If the address your provide for your order is incorrect then it is not our responsibility for the delivery of your order
  • Once an order has purchased, you cannot cancel the order nor can you get a refund
  • Somayaga.com has the right to cancel your order (without notification) if we find the order is associated with any fraudulent affairs
  • After an order has been completed you will be informed through a site page or through email or Phone whether the order was successful or not
  • It is not our responsibility to ensure the validity of your payment method (such as Credit Card). Any declined payments should be attended to yourself
  • You agree, understand and confirm that the credit card details provided by you for availing of services on somayaga.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card
  • Postage will be charged on each order. The postage fee is determined by the destination of the order (i.e. postage fee depends on the country and state of the destination)
  • All forms of communication with Somayaga.com will be through emails or through online forms.
  • Our prices are subject to change with any prior notification
  • All products sold are dispatched within 21 days - if you do not receive it in 30 business days please contact the courier company
  • The quality of the items are as described and may not reflect everyone's expectations
  • We do NOT offer refunds - purchase with care
  • If you find that any purchased materials are damaged or disorderly, you may return it to us, with your own postage, and we will send you a new item within 21 days of receipt
  • These terms and conditions are subject to change without prior notice

2.Pricing Information

While Somayaga strives to provide accurate product and pricing information, pricing or typographical errors may occur. Somayaga cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Somayaga shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is incorrectly priced, Somayaga 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 dispatched, your offer will not be deemed accepted and Somayaga will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event that Somayaga accepts your order the same shall be debited to your credit card account and duly notified to you either on site or by email that the payment has been processed. The payment may be processed prior to Somayaga 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 back to your credit card account.

We strive to provide you with the best prices. However, sometimes a price online does not match the price in a store. In our effort to be the lowest price provider in your particular geographic region, store pricing may sometimes differ from online prices. Prices and availability are subject to change without notice.

3.Cancellation by Somayaga

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.

4.Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on Somayaga will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details when making payment onSomayaga. Your credit card information never reaches Somayaga, we just get pass, hold or fail message from our payment gateways. The said information will not be utilised and shared by our payment gateways or Somayaga with any of the third parties unless required for fraud verifications or by law, regulation or court order. Somayaga will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you.

5.Fraudulent /Declined Transactions

Somayaga reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Somayaga reserves the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.

6.You Agree and Confirm

  • That Somayaga reserves the right to accept or reject your offer to purchase a product or Service
  • That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Somayaga for redelivery shall be claimed from you.
  • That you will use the services provided by Somayaga, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
  • You will provide authentic and true information in all instances where such information is requested of you. Somayaga reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Somayaga has the right in its sole discretion to reject the registration and debar you from using the Services of Somayaga and / or other affiliated websites without prior intimation whatsoever.
  • That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
  • That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects, and we might charge you for re delivery if wrong address was provided.
  • That we use third party delivery services for delivery of products, and that we are not responsible if the product is not delivered to you due to mishandling or loss during transit.
  • That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
  • We do NOT offer refunds - purchase with care
  • In the event that somayaga.com accepts your order the same shall be debited to your credit card account. The payment may be processed prior to somayaga.com 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 back to your credit card account.
  • Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
  • You agree, understand and confirm that the credit card details provided by you for availing of services on somayaga.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card.
  • We will charge you postage, handling and delivery charges as applicable ( price depends on the country)
  • Our prices are subject to change with any prior notification.
  • Your credit card information is never stored by Somayaga; we just pass it on to a payment processor or processing company that we engage. The said information will not be utilised and shared by our payment gateways or Somayaga with any of the third parties unless required for fraud verifications or by law, regulation or court order. Somayaga will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you

Product Return Policy

1.General Terms

All products sold by Somayaga are either manufacturer or developed or serviced by Somayaga or acquired from third party sources. We do not guarantee quality of any of these products. You have to make sure at the time of purchase that you already know the quality and purchase at own risk regarding quality of any products or services brought from Somayaga.

Products are shipped to customers address as provided to Somayaga at the time of payment. The product becomes the sole property of the purchaser upon delivery to the specified shipping agent. For shipping damage, customers should file claim to their carrier immediately. Any discrepancy, including wrong items or missing items, should be reported to Somayaga within 24 hours. All packages will be shipped in 21business day. Because of the nature of the Internet, online ordering your purchase from Somayaga acknowledges that you have read and agree to these terms and conditions. All brands and product names mentioned are trademarks and/or registered trademarks of their respective holders.

2.Somayaga Return Merchandise Authorization (RMA) Policy

  • Once orders are placed, no cancellation is allowed.
  • Products may be returned for replacement only.
  • Only Products which are faulty would be replaced.
  • Any faulty product should be returned to Somayaga at your expense.
  • All returned parts may be subject to quality, operation, and/or performance tests by Somayaga testing facility or by a third party authorized by Somayaga. Upon the explained test(s) results, non-defective generic items may be subject to a 15% restocking fee.
  • Defective return does not include returns for incompatibility.
  • Somayaga reserves the right to replace defective parts or to issue a refund if Somayaga sees more fit.
  • All refunds will be of the original value or the current market price, whichever is less.
  • There will be no refund for shipping under any circumstances.
  • All returns require prior authorization and must be returned in the original packing with all accessories

3.What This Warranty Does Not Cover

This warranty does not cover: installation or service of product; conditions resulting from consumer mishandling such as improper maintenance or misuse, abuse, accident, or alteration; all plastic surfaces and all other exposed parts that are scratched or damaged due to normal use; products which have had the serial number removed or made illegible; products rented to others.

4.Limits and Exclusions

There are no expressed or implied warranties except as listed above. Somayaga shall not be liable for special, incidental, consequential or punitive damages, including, without limitation, direct or indirect damages for personal injury, loss of goodwill, profits or revenue, loss of use from this product or any associated equipment, cost of substitute equipment, downtime cost, loss of data, programs or business information, or any other losses, or claims of any party dealing with buyers from such damages, resulting from the use of or inability to use this product or arising from breach of warranty or contract, negligence, or any other legal theory. All expressed and implied warranties, including the warranties of merchantability and fitness for a particular purpose, are limited to the applicable warranty period set forth above.

5.Back-order Policy

If you order an out-of-stock product from us, we will email you when we expect that product to be available.Youwill be among the first to receive the item. Somayaga will not charge your credit card for back-ordered items until we ship your order. No additional shipping and handling charges will be added when your order ships. Products on back-order will be shipped using the shipping method you chose.

Indemnity

You agree to defend, indemnify and hold harmless us, our employees, directors, officers, agents and our successors and assigns 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 us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the 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.

Termination

This User Agreement is effective unless and until terminated by either you or by us. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to us. Upon any termination of the User Agreement by either you or by us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

You may not use the Site for any of the following purposes:

  • Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
  • Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
  • Gaining unauthorized access to other computer systems.
  • Interfering with any other person's use or enjoyment of the Site.
  • Breaching any applicable laws;
  • Interfering or disrupting networks or web sites connected to the Site.
  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Modification of Terms & Conditions of Service

Somayaga may at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Somayaga .com. You should regularly review the Terms & Conditions on Somayaga.com. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation,

  • accessing data not intended for you or logging onto a server or an account which you are not authorized to access;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
  • attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"
  • sending unsolicited email, including promotions and/or advertising of products or services; or
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Somayaga on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and us with respect to our sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our products/services. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Law and Jurisdiction

These terms of use are governed by Australian law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of Canberra, Australia.