Terms & Conditions General Terms

By accessing and placing an order with Shivamilan, you confirm that you are in agreement with and bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Shiva Milan. Under no circumstances shall Shivamilan be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Shivamilan or an authorized representative has been advised of the possibility of such damages. Shivamilan will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the right to change prices and revise the resource usage policy at any time.

License

Shivamilan grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the app strictly in accordance with the terms of this Agreement. These Terms & Conditions form a contract between you and Shivamilan (referred to in these Terms & Conditions as "Shivamilan," "us," "we," or "our"), the provider of the Shivamilan website and the services accessible from the Shivamilan website and Mobile App (which are collectively referred to in these Terms & Conditions as the "Shivamilan Service"). You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Shivamilan Service. In these Terms & Conditions, "you" refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without notice.

Definitions and Key Terms

To help explain things as clearly as possible in these Terms & Conditions, every time any of the following terms are referenced, they are strictly defined as:

• Cookie: A small amount of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, and remember information about you such as your language preference or login information.
• Company: When this policy mentions “Company,” “we,” “us,” or “our,” it refers to Shivamilan, a mobile application of “Mr. Rituraj Mandawliya” doing business under the trade name “Maruti Nandan Enterprises,” responsible for your information under these Terms & Conditions.
• Country: The location where Shivamilan or the owners/founders of Shivamilan are based, which in this case is India.
• Device: Any internet-connected device such as a phone, tablet, computer, or any other device that can be used to visit Shivamilan and use the services.
• Service: Refers to the service provided by Shivamilan as described in the relative terms (if available) and on this platform.
• Third-party service: Refers to advertisers, contest sponsors, promotional and marketing partners, and others who provide our content or whose products or services we think may interest you.
• Website: Shivamilan’s site, which can be accessed via this URL: https://milan.stgserver.site.

Restrictions

You agree not to, and you will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the app or make the platform available to any third party.
• Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the app.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Shivamilan or its affiliates, partners, suppliers, or licensors of the app.

Return and Refund Policy

Thanks for using the services of Shivamilan. We appreciate your trust in using our services. To ensure you have a rewarding experience while exploring, evaluating, and purchasing our services, we have specific terms and conditions that apply to all transactions. By placing an order or making a purchase at Shivamilan, you agree to the terms outlined in our Privacy Policy. If, for any reason, you are not completely satisfied with any services provided, please contact us, and we will address any issues you may have with our service.

Your Suggestions

Any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") provided by you to Shivamilan regarding the app shall remain the sole and exclusive property of Shivamilan. Shivamilan may freely use, copy, modify, publish, or redistribute the Suggestions for any purpose, in any way, without any credit or compensation to you.

Your Consent

We've updated our Terms & Conditions to provide full transparency into what data is collected when you visit our site and how it is used. By using our app, registering an account, or making a purchase, you consent to these Terms & Conditions.

Links to Other Websites

This Terms & Conditions applies only to the Services offered by Shivamilan. The Services may contain links to other websites that are not operated or controlled by Shivamilan. We are not responsible for the content, accuracy, or opinions expressed on such websites, nor are they investigated, monitored, or checked for accuracy by us. Please note that when you use a link from our Services to another website, our Terms & Conditions no longer apply. Your browsing and interactions on other websites, including those that have links on our platform, are subject to that website's own rules and policies. Third parties may use their own cookies or methods to collect information about you.

Cookies

Shivamilan uses "Cookies" to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our app, though they are not essential for its use. Without Cookies, certain functionalities, such as videos, may become unavailable, or you may need to enter your login details every time you visit the app. Most web browsers allow you to disable Cookies, but disabling them may prevent you from accessing certain features of our website. We never place Personally Identifiable Information in Cookies.

Changes to Our Terms & Conditions

You acknowledge and agree that Shivamilan may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or users in general at Shivamilan's sole discretion, without prior notice. You may stop using the Service at any time without notifying Shivamilan. If Shivamilan disables access to your account, you may be prevented from accessing the Service, your account details, or any files or other materials in your account. If we make changes to our Terms & Conditions, we will post them on this page and/or update the modification date below.

Modifications to Our App

Shivamilan reserves the right to modify, suspend, or discontinue, temporarily or permanently, the app or any service connected to it, with or without notice and without liability to you.

Updates to Our App

Shivamilan may periodically provide enhancements or improvements to the features and functionality of the app, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the app. You agree that Shivamilan has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the app. All Updates will be deemed an integral part of the app and subject to the terms and conditions of this Agreement.

Third-Party Services

We may display, include, or make available third-party content (such as data, information, applications, and other products/services) or provide links to third-party websites or services ("Third-Party Services"). You acknowledge and agree that Shiva Milan is not responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect. Shivamilan does not assume and shall not have any liability or responsibility for Third-Party Services. These services are provided solely for your convenience, and you use them entirely at your own risk and subject to their terms and conditions.

Term and Termination

This Agreement shall remain in effect until terminated by either you or Shivamilan. Shivamilan may, at its sole discretion, suspend or terminate this Agreement at any time and for any reason, with or without prior notice. The Agreement will terminate immediately, without prior notice from Shivamilan, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the app and all copies of it from your device. Upon termination, you shall cease all use of the app and delete all copies from your device. Termination of this Agreement will not limit Shivamilan's rights or remedies at law or equity in case of a breach by you during the term of this Agreement.

Copyright Infringement Notice

If you are a copyright owner or authorized agent and believe any material on our app infringes on your copyright, please contact us with the following information:

• (a) A physical or electronic signature of the copyright owner or an authorized person;
• (b) Identification of the material claimed to be infringing;
• (c) Your contact information (address, phone number, email);
• (d) A statement that you have a good faith belief the material is unauthorized;
• (e) A statement that the information in the notification is accurate, and you are authorized to act on behalf of the copyright owner.

Indemnification

You agree to indemnify and hold Shivamilan, its subsidiaries, affiliates, officers, employees, agents, partners, and licensors harmless from any claim or demand, including reasonable attorney's fees, arising out of your (a) use of the app, (b) violation of this Agreement or any applicable law, or (c) violation of any third-party rights.

No Warranties

The app is provided "AS IS" and "AS AVAILABLE," with all faults and defects, without warranty of any kind. To the maximum extent permitted by applicable law, Shivamilan, on behalf of itself and its affiliates, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Shivamilan does not warrant that the app will meet your requirements, operate without interruptions, or be error-free. The app, its servers, and emails may contain harmful components such as viruses, trojan horses, or malware, and Shivamilan makes no representations regarding the accuracy, reliability, or security of the app or its content.

Limitation of Liability

Notwithstanding any damages you may incur, the entire liability of Shivamilan and its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the app. To the maximum extent permitted by applicable law, neither Shivamilan nor any of its suppliers shall be liable for any special, incidental, indirect, or consequential damages (including, but not limited to, loss of profits, data, business interruption, personal injury, or loss of privacy) arising out of or in connection with the use of or inability to use the app, even if Shivamilan or its suppliers were advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so these limitations may not apply to you.

Severability

If any provision of this Agreement is held to be unenforceable or invalid, it will be modified to achieve the objectives of the provision to the greatest extent possible under applicable law. The remaining provisions of the Agreement will continue in full force and effect. This Agreement, together with the Privacy Policy and any other legal notices published by Shivamilan on the Services, constitutes the entire agreement between you and Shivamilan concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity will not affect the validity of the remaining provisions. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Shiva Milan’s failure to assert any right or provision shall not constitute a waiver. You and Shivamilan agree that any cause of action related to the Services must commence within one (1) year after the cause of action accrues, otherwise, it is permanently barred.

Waiver

Except as provided herein, the failure to exercise a right or require performance of an obligation under this Agreement shall not affect a party's ability to exercise that right or require that performance at any time thereafter. A waiver of a breach does not constitute a waiver of any subsequent breach or failure to exercise, nor does any delay in exercising any right or power under this Agreement operate as a waiver. Furthermore, no single or partial exercise of any right or power under this Agreement precludes further exercise of that right or any other right granted herein. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

Amendments to this Agreement

Shivamilan reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is deemed material, we will provide at least 30 days' notice prior to any new terms taking effect. The determination of what constitutes a material change will be made at our sole discretion. By continuing to access or use the app after any revisions become effective, you agree to be bound by the updated terms. If you do not agree to the new terms, you are no longer authorized to use Shiva Milan's services.

Entire Agreement

This Agreement constitutes the entire agreement between you and Shivamilan regarding your use of the app and supersedes all prior and contemporaneous written or oral agreements between you and Shivamilan. You may be subject to additional terms and conditions that apply when you use or purchase other services from Shivamilan, which will be provided to you at the time of such use or purchase.

Updates to Our Terms

We may change our Service and policies, and we may need to update these Terms to reflect those changes. Unless otherwise required by law, we will notify you (for example, through our Service) before any changes are made to these Terms and give you an opportunity to review them before they go into effect. If you continue to use the Service after the updated Terms are in effect, you will be bound by them. If you do not agree to the updated Terms, you can delete your account.

Intellectual Property

The app and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Shivamilan, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, reproduce, download, or distribute any of the material in any way, in whole or in part, without the express prior written permission of Shivamilan, unless otherwise expressly permitted in these Terms & Conditions. Unauthorized use of the material is prohibited.

Agreement to Arbitrate

This section applies to any dispute, except disputes relating to claims for injunctive or equitable relief regarding the enforcement or validity of your or Shivamilan’s intellectual property rights. The term “dispute” means any controversy between you and Shivamilan concerning the Services or this Agreement, whether arising from contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowed under law.

Notice of Dispute

In the event of a dispute, you or Shivamilan must send a Notice of Dispute, which is a written statement containing the name, address, and contact information of the party giving notice, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute to us via email at [email]. Shivamilan will send any Notice of Dispute to you via mail to your address on file or, if unavailable, to your email address. You and Shivamilan will attempt to resolve the dispute through informal negotiations within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either party may commence arbitration.

Binding Arbitration

If you and Shivamilan do not resolve a dispute through informal negotiation, the dispute will be exclusively resolved through binding arbitration, as outlined in this section. By agreeing to these terms, you waive the right to litigate any disputes in court or participate as a party or class member in a class action. The dispute will be settled through binding arbitration according to the commercial arbitration rules of the American Arbitration Association. Either party may seek interim or preliminary injunctive relief from a court of competent jurisdiction to protect their rights or property while arbitration is pending. The prevailing party will be entitled to recover any legal, accounting, and other costs, fees, and expenses incurred from the non-prevailing party.

Submissions and Privacy

If you submit or post any ideas, suggestions, designs, photographs, information, advertisements, data, proposals, or ideas for new or improved products, services, features, technologies, or promotions, you agree that such submissions will be treated as non-confidential and non-proprietary. These submissions will become the exclusive property of Shivamilan, with no compensation or credit due to you. Shivamilan and its affiliates are free to use these ideas for any purpose, including the development, manufacturing, and marketing of products and services in any medium, for an indefinite period.

Promotions

Shivamilan may, from time to time, host contests, promotions, sweepstakes, or other activities ("Promotions") that require you to submit material or information about yourself. Please note that Promotions may have separate rules that include specific eligibility requirements, such as age and geographic location restrictions. You are responsible for reading all the rules for each Promotion to ensure eligibility. By participating in any Promotion, you agree to comply with the applicable rules. Additional terms and conditions may apply to purchases of goods or services through the Services, and such terms are incorporated into this Agreement by reference.

Typographical Errors

If a product or service is listed at an incorrect price or with incorrect information due to a typographical error, Shivamilan reserves the right to refuse or cancel any orders placed for the product or service at the incorrect price. We may refuse or cancel such orders whether or not they have been confirmed and whether or not your credit card has been charged. If your credit card has been charged for the purchase and the order is canceled, Shivamilan will promptly issue a credit to your account in the amount of the charge.

Miscellaneous

If any provision or part of these Terms & Conditions is found to be unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect. Any waiver of a provision in these Terms & Conditions will only be effective if in writing and signed by an authorized representative of Shivamilan. Shivamilan is entitled to seek injunctive or other equitable relief (without the need for posting bond) if you breach or threaten to breach any provision of this Agreement. Shivamilan operates the Service from its offices in India. The Service is not intended for use in jurisdictions where such use would be illegal or regulated, and users accessing the Service from other locations do so at their own risk and are responsible for complying with local laws, as applicable. These Terms & Conditions (including the Shivamilan Privacy Policy) contain the entire understanding between you and Shivamilan and supersede all previous agreements regarding its subject matter. Section headings are provided for convenience only and have no legal effect.

Disclaimer

Shivamilan is not responsible for any content, code, or other inaccuracies. Shivamilan makes no warranties or guarantees. In no event shall Shivamilan be liable for any special, direct, indirect, consequential, or incidental damages arising out of or in connection with the use of the Service or its contents. Shivamilan reserves the right to make modifications to the contents of the Service at any time without prior notice. The Shivamilan Service and its contents are provided "as is" and "as available" without any warranties or representations of any kind, either express or implied. Shivamilan is a distributor, not a publisher, of third-party content and exercises no editorial control over such content. Shivamilan makes no warranty regarding the accuracy, reliability, or completeness of any information, content, service, or product provided through or accessible via the Service. Shivamilan disclaims all warranties and representations regarding any content transmitted through the Service or linked to on the Service, including any warranties of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No oral or written information provided by Shivamilan or its affiliates, employees, or agents creates a warranty. Price and availability information is subject to change without notice. Shivamilan does not guarantee that the Service will be uninterrupted, error-free, or free of viruses or other harmful components.