Terms and Conditions
Welcome to Miho Creations also hereby known as “we", "us" or "Miho Creations". We are an online marketplace and these are the terms and conditions governing your access and use of Miho Creations along with its related sub-domains, sites, mobile app, services and tools (the "Site"). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the "User Agreement"). This User Agreement is deemed effective upon your use of the Site which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.
2. CONDITIONS OF USE
A. 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 unauthorized 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.
B. GENERAL CONDITIONS:
We reserve the right to refuse Service to anyone for any reason at any time. 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 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 used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
C. INFORMATION ACCURACY, COMPLETENESS, AND TIMELINESS:
We cannot guarantee the accuracy, completeness, or timeliness of the information provided on this site. The material presented here is intended for general informational purposes only and should not be solely relied upon for decision-making without consulting more authoritative, accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk. This site may include historical information, which by its nature, may not be current and is provided solely for reference purposes. While we reserve the right to update the contents of this site at our discretion, we are not obligated to do so. It is your responsibility to monitor any changes made to our site.
D. SERVICE AND PRICE MODIFICATIONS:
Prices for our products are subject to change without prior notice. We retain the right to modify or discontinue the Service (or any part or content thereof) at any time without prior notification. We are not liable to you or any third-party for any modifications, price adjustments, suspensions, or discontinuations of the Service.
E. PRODUCTS OR SERVICES (if applicable):
Certain products or services may only be available online through our website. These items may have limited quantities and are subject to return or exchange as outlined in our Refund Policy: [LINK TO REFUND POLICY]. Every effort has been made to accurately depict the colors and images of our products displayed on the website. However, we cannot guarantee that your computer monitor's display will accurately reflect the colors. While we reserve the right to restrict the sale of our products or services to specific individuals, geographic regions, or jurisdictions, such limitations will be exercised on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or services offered, and descriptions of products or pricing are subject to change without notice at our sole discretion. We also reserve the right to discontinue any product or service at any time. Any offers for products or services made on this site are void where prohibited. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.
F. BILLING AND ACCOUNT INFORMATION ACCURACY:
We retain the authority to decline any order placed with us. At our discretion, we may limit or cancel quantities purchased per individual, household, or order. These limitations may apply to orders placed under the same customer account, credit card, or those using identical billing and/or shipping addresses. If an order is altered or canceled, we will make an effort to notify you via the email or billing address/phone number provided during the order placement. We reserve the right to restrict or disallow orders that, in our sole judgment, seem to originate from dealers, resellers, or distributors. By agreeing to these terms, you commit to supplying up-to-date, comprehensive, and accurate purchase and account details for all transactions conducted at our store. You also undertake to promptly update your account and other information, such as your email address and credit card details, to facilitate the completion of transactions and necessary communication. For further information, please refer to our Refund Policy: [INSERT LINK TO REFUND POLICY]
G. OPTIONAL TOOLS:
We may grant you access to third-party tools, the monitoring and control of which lie beyond our purview. You acknowledge and accept that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind, and without endorsement. We disclaim any liability arising from or related to your use of optional third-party tools. Your use of the optional tools offered through the site is entirely at your own risk and discretion. It is imperative that you acquaint yourself with and consent to the terms provided by the relevant third-party provider(s). Furthermore, we may introduce new Services and/or features through the website in the future, including the launch of new tools and resources. Such additions shall be subject to these Terms of Service.
H. THIRD-PARTY LINKS:
Certain content, products, and Services available via our Service may incorporate materials from third parties. Links to third-party websites on this site may redirect you to platforms unaffiliated with us. We do not undertake the examination or evaluation of third-party content or accuracy, nor do we warrant or accept liability for any third-party materials or websites, or any other products, services, or materials offered by third parties. We bear no responsibility for any harm or damages stemming from the purchase or use of goods, services, resources, content, or any other transactions associated with third-party websites. Prior to engaging in any transaction, it is essential to carefully review the policies and practices of the third party. Any complaints, claims, concerns, or inquiries regarding third-party products should be directed to the respective third party.
I. USER SUBMISSIONS, COMMENTS, AND FEEDBACK:
If we request specific submissions from you (such as contest entries), or if you send creative ideas, suggestions, proposals, plans, or other materials to us without our request, whether online, via email, by postal mail, or otherwise (referred to collectively as "comments"), you agree that we may use, edit, copy, publish, distribute, translate, and utilize in any medium any comments you forward to us, without restriction and at any time. We are not obligated (1) to keep any comments confidential; (2) to provide compensation for any comments; or (3) to respond to any comments. While we may choose to monitor, edit, or remove content, we are not obligated to do so. We reserve the right to remove content that, in our sole discretion, is deemed unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or our Terms of Service. You agree that your comments will not infringe upon any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, nor will they contain any computer viruses or malware that could affect the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy of any comments you make. We assume no responsibility and liability for any comments posted by you or any third party.
J. PERSONAL INFORMATION:
Your submission of personal information through the store is subject to our Privacy Policy, which can be accessed here: [LINK TO PRIVACY POLICY]
K. ERRORS, INACCURACIES, AND OMISSIONS:
Occasionally, there may be typographical errors, inaccuracies, or omissions in the information presented on our site or within the Service, such as product descriptions, pricing, promotions, offers, 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 necessary. We undertake no obligation to update or clarify information in the Service or on any related website, except as required by law. Any specified update or refresh date should not be interpreted as indicating that all information has been modified or updated.
L. PROHIBITED USES:
In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content: for unlawful purposes; to solicit others to engage in unlawful acts; to violate any regulations, rules, laws, or ordinances; to infringe upon our intellectual property rights or those of others; to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on various factors; to submit false or misleading information; to upload viruses or malicious code; to collect personal information; to spam, phish, or engage in other malicious activities; for obscene or immoral purposes; or to interfere with the security features of the Service or any related website. We reserve the right to terminate your use of the Service or any related website if you violate any of these prohibited uses.
M. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
We cannot 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 obtained from the Service will be accurate or reliable. You acknowledge that we may, from time to time, remove the Service for indefinite periods or cancel it without prior notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service, along with all products and services delivered through it, are provided "as is" and "as available" for your use, without any representation, warranties, or conditions, whether express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, except as expressly stated by us. In no event shall Miho Creations, 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. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Service or any products procured using the Service. This limitation also applies to any other claim related to your use of the Service or any product, including errors or omissions in content, or loss or damage incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if advised of the possibility of such damages. In jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.
N. INDEMNIFICATION:
You agree to indemnify, defend, and hold harmless Miho Creations and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees 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.
O. SEVERABILITY:
If any provision of these Terms of Service is deemed unlawful, void, or unenforceable, that 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 a determination shall not affect the validity and enforceability of any remaining provisions.
P. TERMINATION:
The obligations and liabilities of both parties incurred prior to the termination date shall endure despite the termination of this agreement for all intents and purposes. These Terms of Service remain in effect unless and until terminated by either party. You can terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site. If, in our sole judgment, you fail to comply with any term or provision of these Terms of Service, or if we suspect such failure, we reserve the right to terminate this agreement at any time without prior notice. In such cases, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part thereof.
Q. ENTIRE AGREEMENT:
The failure of us to enforce any right or provision of these Terms of Service does not waive such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including 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.
R. GOVERNING LAW:
These Terms of Service and any separate agreements through which we provide you Services are governed by and construed in accordance with the laws of India.
S. CHANGES TO TERMS OF SERVICE:
You can always review the most current version of the Terms of Service on 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.
T. CONTACT INFORMATION:
Questions about the Terms of Service should be directed to us at help@mihocreations.com. Our contact information is provided below: [INSERT TRADING NAME] help@mihocreations.com [INSERT BUSINESS ADDRESS] [INSERT BUSINESS PHONE NUMBER] [INSERT BUSINESS REGISTRATION NUMBER] [INSERT VAT NUMBER]