Last Updated: 21 November 2024
Welcome to Shree Padmaxi. These Terms of Use ("Terms" or "Agreement") constitute a **legally binding, non-negotiable contract** between you, the User, and the Platform Owner ("Platform").
Your access to this Platform is **STRICTLY CONDITIONAL** upon your full, unqualified, and **IRREVOCABLE ACCEPTANCE** of every single clause contained herein, the Privacy Policy, and the Disclaimer. By continuing to use or interact with this Platform, you knowingly and voluntarily provide your **final, binding, and absolute consent** to all terms and fully assume **absolute and full liability** for any ensuing fault, error, or legal risk. This unreserved acceptance constitutes a permanent, binding contract between the User and the Platform Owner.
This Agreement and all matters arising from the use of the Platform, including any and all disputes, torts, or claims, shall be governed **exclusively and perpetually by the substantive and procedural laws of the Republic of India**, without reference to its conflict of laws principles. The Platform is explicitly established to serve users **solely within the Indian territory and legal framework**. You hereby explicitly and irrevocably consent to this exclusive jurisdiction and unilaterally waive all rights, privileges, and remedies to claim the application of the laws of any foreign jurisdiction, including your country or state of residence, thereby closing any potential jurisdictional loophole globally and forever.
If you choose to access, interact with, or transact via this Platform while being a non-Indian resident, you formally, unilaterally, and irrevocably waive, relinquish, and abandon any and all rights, claims, remedies, or potential causes of action you may possess under the laws of your jurisdiction against the Platform or its Owner. By proceeding, you commit to a **Covenant Not To Sue**, ensuring the Platform's ultimate legal defence.
The Platform functions **PURELY and EXCLUSIVELY as an informational and promotional affiliate referrer**. We are fundamentally and legally neither a vendor, a seller, a distributor, a merchant, nor a principal party to any financial or commercial transaction. Our singular and limited role is strictly to display content and redirect users to independently operating third-party e-commerce websites (referred to as "Affiliate Partners").
Immediately upon clicking any external hyperlink and being redirected to a third-party domain, the Platform and its Owner assume **ZERO LIABILITY, ZERO ACCOUNTABILITY, and ZERO RESPONSIBILITY** for all subsequent activities, events, or consequences. This comprehensive exclusion of liability includes, but is not limited to, commercial terms, quality or fitness of products, accuracy of product information, data breaches, payment processing failures, delivery logistics, or any criminal acts perpetrated by or against the third-party entity. The User remains **unilaterally and solely responsible** for all due diligence, background checks, and adherence to the legal documents (T&C, Privacy Policy, etc.) of those external platforms.
In alignment with our limited and stated affiliate capacity, the Platform and its entire content, structure, and functionality are provided strictly on an **"AS IS," "AS AVAILABLE," and "WITH ALL FAULTS"** basis, without any representation or warranty of any kind. This fundamental principle protects the Platform from all claims related to operational failure or content error.
The Platform explicitly disclaims and rejects all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security, completeness, and accuracy. You expressly acknowledge and agree that your use of the Platform is **at your sole risk** and that you bear the entire risk as to the quality, performance, and accuracy of the content.
To the **maximum extent permissible** under the mandatory and enforceable laws of the Republic of India, the Platform and its Owner shall be **comprehensively and finally absolved of liability** for any damages whatsoever, including, without limitation, direct, indirect, incidental, punitive, special, or consequential damages. The User explicitly agrees that, notwithstanding any loss or damage incurred, the Platform's maximum aggregate liability for any and all claims, in any given circumstance, shall be strictly and absolutely capped at the **lesser of** (i) the total amount paid by the User to the Platform over the preceding six (6) months (which is formally acknowledged to be ZERO INDIAN RUPEES [₹0/-]), or (ii) a nominal, non-negotiable maximum sum of One Hundred Indian Rupees (₹100/-) only. This stringent and definitive cap provides the ultimate and non-mitigable legal shield against all monetary claims.
You agree, as an essential and permanent condition of use, to fully defend, indemnify, and **irrevocably hold harmless** the Platform, its owner, directors, and affiliates from and against any and all claims, demands, damages, losses, liabilities, and associated costs (including **ALL** actual, reasonable, and punitive legal fees) arising directly or indirectly from: (a) your use, misuse, or inability to use the Platform or any external link; (b) your violation of these Terms; or (c) your infringement of any third-party rights.
All disputes, claims, or controversies of any nature arising out of or relating to this Agreement, including its formation, validity, breach, or termination, shall be first and finally settled by **mandatory, conclusive, and binding arbitration** in accordance with the Arbitration and Conciliation Act, 1996. This is the **sole and exclusive legal remedy**. The User explicitly, formally, and **irrevocably waives their right to initiate or participate in any class action lawsuit, representative action, or pursue any other remedy in a court of law**, accepting binding arbitration as the final resolution mechanism. The venue, seat, and legal place of the arbitration shall be **Morbi, Gujarat, India**, and the language shall be English/Gujarati.
Any unauthorized, malicious, or non-compliant use of this Platform's assets (content, code, design, proprietary data, etc.) without the Owner's express prior written permission is strictly prohibited and shall be legally interpreted as a deliberate and malicious act causing irreparable, unquantifiable financial and reputational damage. In the event of such a catastrophic and unauthorized breach of this Agreement, the User shall be legally and financially liable for severe liquidated damages. Specifically, the User shall pay the Platform Owner an amount equivalent to the sum of (i) any and all profit, revenue, or benefit, whether expected or received, gained by the User due to the unauthorized use, **PLUS** (ii) a mandatory financial penalty calculated at a fixed rate of Fifty Percent (50%) of that total profit, revenue, or benefit (i.e., Profit/Revenue/Benefit + 50% Penalty). This pre-determined financial penalty is not a ceiling but a minimum recovery amount instituted to ensure absolute legal deterrence and maximum protection for the Platform Owner.
This Terms of Use Agreement constitutes the complete, final, and entire agreement between you and the Platform regarding its subject matter and supersedes all prior communications, agreements, and understandings, whether electronic, oral, or written. This is the **Supremacy Clause**. Furthermore, notwithstanding any termination, cancellation, or expiration of this Agreement, the following Sections shall survive and shall remain **fully enforceable in perpetuity** to ensure the Platform's enduring legal defence: **Section 1 (Jurisdiction and Waiver), Section 4 (Limitation of Liability and Damages), Section 5 (Dispute Resolution and Penalty), and this Section 6 (Supremacy and Survival)**. The continued enforceability of these protective clauses is a non-negotiable term of access.
For formal communication strictly regarding legal inquiries, official policy administration matters, or the service of legal notice correspondence, please direct your correspondence to the following designated email address:
**Mandatory Note:** Response to emails is not guaranteed, and this communication channel is explicitly not intended for general customer service, product support, payment issues, or delivery-related inquiries. For all commercial, product, payment, or delivery-related customer service issues, you must contact the specific third-party platform directly.