Terms of Use

1. This website, www.aurashots.com (“Website”), is owned, hosted and operated by Aurakomms Media Pictures Pvt. Ltd., having its registered address at No. 403, Wing -A, Pruthvi Enclave, W.E.Highway, Borivali East, Mumbai – 400066 (hereinafter referred to as “AuraShots”). These Terms and Conditions (“T&C”) are for visitors who visit and users who utilize this website of AuraShots and those who create an account with us at AuraShots (collectively referred to as “Visitors / Users”). All Visitors’ use of this Website and services of AuraShots are governed by these T&C including the applicable policies which are incorporated herein by way of reference.

2. By making visiting or transacting on this website, the Visitor is enters a binding legal agreement with AuraShots on the terms and conditions as included in the T&C, the Privacy Policy and other policies and guidelines of AuraShots. The Visitors accept to be bound by these the terms and conditions, Privacy Policy and or any other conditions applicable to such services and shall be deemed to be incorporated in the terms and conditions as part and parcel of these T&C. AuraShots reserves the right to terminate access to any or all of the services and usages to Users effective immediately upon non-compliance of the this document.

3. The Visitor agrees to abide by all and strictly adhere to all terms, conditions, obligations and covenants prescribed herein in these T&C, including any special warnings or instructions for access or use posted on this website. If the Visitor is using the Website on behalf of any entity, then the Visitor further represents and warrant that the said Visitor is authorized to accept these Website terms and conditions on such entity's behalf, and that such entity agrees to abide by all terms contained herein and indemnify AuraShots for violations of these T&C.

4. In particular, all Visitors warrant and represent that all information submitted on this Website, including without limitation, their contact details, payment details, correspondence address and all other information submitted to AuraShots shall be true and accurate.

5. AuraShots reserves all rights to change, modify, delete, add or remove all or part of these terms and conditions without any prior notice. Users are advised to review the terms and conditions from time to time for any updates, modifications or changes made. AuraShots may, with or without prior notice, terminate any of the rights granted by these T&C. Any continued use of the website thereafter by a Visitor constitutes the said Visitor’s agreement to all such changed T&C.

6. The Visitor warrants and represents that they are fully capable and legally permitted to enter into agreements enforceable inter alia in India. If a Visitor is a minor or of an unsound mind, then they are not eligible to enter into these T&C and thereby ineligible to visit or transact on this Website. If they have registered with AuraShots, then AuraShots shall terminate their account if and when their legal incapacity to enter into agreements comes to AuraShots’s attention.

7. The Visitor warrants and represents that all the information furnished at the time of registration is true and correct and any change in the information provided will be updated and intimated to AuraShots immediately. AuraShots shall be entitled to act on the basis of the information provided and seek such further information, clarifications or verifications as it may deem necessary for granting registration. Such registration may be suspended or cancelled where AuraShots reasonably believes that any of the provided information may be inaccurate and such registration will be restored once the Visitor furnishes/ confirms all information to the satisfaction of AuraShots.

8. The Visitor hereby agrees to pay all costs, charges, expenses, duties and all applicable taxes for all orders placed and purchases made from the Website and AuraShots.

9. The Visitor warrants and represents that they shall act always in accordance with the law, custom and in good faith.

10. Without limiting the generality of any other provision of these Terms and Conditions. If a Visitor defaults negligently or wilfully in abiding by any of the obligations set forth herein, then the Visitor shall be liable for all the consequential losses and damages that this may cause AuraShots or its affiliates.

11. No Visitor shall make any change or alteration to this website or to any content or product or services that may appear herein and shall not impair the integrity or operation of this website in any way.

12. All Visitors shall, at all times, ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services.

13. All Visitors agree and acknowledge that they shall not host, display, upload, modify, publish, transmit, update or share any information that: (i) belongs to another person and to which the user does not have any right to, or (ii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or (iii) harm minors in any way; or (iv) infringes any patent, trademark, copyright or other proprietary rights; or (v) violates any law for the time being in force; (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or (vii) impersonates another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resources; or (ix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation, etc.

14. All Visitors agree and acknowledge that they shall not engage in any of the following action in relation to the Website and AuraShots: (i) transmit “junk mailing” or “chain letters” or unsolicited mass mailing or “spamming”, or (ii) try to gain unauthorised access or exceeds scope of authorised access to the Website or profile information, pictures, profiles, or tries to solicit personal data of other users for commercial and other purposes, (iii) create any liability to AuraShots or cause AuraShots to lose (in part or whole) the services of our Internet Service Provider ISP’s or our suppliers, or (iv) provide any kind of information on illegal weapons, goods or activities and violating other user’s privacy and/or creating or facilitating computer viruses.

15. A Visitor will be deemed to be liable for fraudulent activities and / or loss of business for fraudulent reasons if they engage in any one or more of the following activities:

  • Misusing information of a third party or another user;
  • Refusal to pay for any order with AuraShots;
  • Provided misleading or false data to AuraShots;
  • Did not provide legitimate shipping address and postal address;
  • Ordered services using fake address/Email ID and personal information.

16. All Visitors are forbidden from reproducing, distributing, displaying, selling, leasing, transmitting, creating derivative works from, translating, modifying, reverse-engineering, disassembling, decompiling or otherwise exploiting this website or any part of the website including but not limited to its contents and the products herein, without the express written permission of AuraShots. All Visitors agree and understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution for inter alia accessing data unlawfully or without consent, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures, attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”, forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, taking any action in order to obtain goods to which the Visitor is not entitled, etc. AuraShots reserves all its rights to refuse any and all services, terminate accounts of the Visitor, cancel any orders at its sole discretion, if AuraShots becomes aware of any violation / breach of any terms of these Terms & Conditions by the Visitor. If a Visitor defaults negligently or willfully in abiding by any of the obligations set forth herein, then the Visitor shall be liable for all the consequential losses and damages that this may cause AuraShots or its affiliates.

17. All Visitors are prohibited from uploading or publishing any content, information or other material to this website that (a) could infringe the proprietary rights, including intellectual property rights, of any person; (b) would be libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability; or (c) includes any viruses, worms, trap doors, Trojan horses, solicitations, bugs, or other harmful code or properties, chain mails, or spam.

18. All content posted or submitted by a Visitor to this website, including but not limited to any data, text, software, ideas, know-how, techniques, questions, graphics, images, reviews, comments, messages, suggestions ("Submissions") is and shall be treated as non-proprietary and non-confidential. AuraShots shall have a the royalty free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivatives from such Submissions, by any means and in any mode or manner. AuraShots shall also have full rights to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Visitors agree and acknowledge that their Submissions will not be returned and AuraShots may use these Submissions without payment of any monetary or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

19. No Visitor shall engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

20. No Visitor shall engage in solicitation and/ or marketing of any other products or services on the Website.

21. AuraShots may cancel the order at any time if the User does not meet the above criteria of AuraShots and cancel or block the User from using the services and website permanently or until further notice.

22. AuraShots is the owner / authorised agent of all the rights, interest and title, including but not limited to the intellectual property rights, trade secrets, know how, confidential information, etc in relation to the content hosted on the Website, including but not limited to, photographic images, text, graphics, audio content, visual content, audio-visual content, cinematographic work, layout of the Website, sound, illustrations, software, trade dress, trademarks, patents, and the selection and arrangement thereof (“Website Content”). The trademarks associated with AuraShots, including but not limited to the name, logo and other identification marks of AuraShots / its affiliates , are the exclusive property of AuraShots / its affiliates and no third party is authorised to make any use of the same without the written permission from AuraShots / its affiliates. Any infringement of the said rights of AuraShots in the form of copy, reproduction, distribution, transmission via email or any other electronic means directly or indirectly will be prosecuted according to the appropriate laws in India for the time being in force.

23. Subject to these T&C, AuraShots hereby provides the Visitor with a limited, non-exclusive, non-transferable license to access and use the Website. The Visitor may display the website on their internet browser exclusively for the purposes of browsing and / or purchasing the products listed on the Website.

24. The Users are strictly advised not to infringe any of the rights of AuraShots including but not limited to the rights in relation to the Website Content. Users shall not indulge in downloading, copying, or re-transmitting any or all of the Website Content without, or in violation of, a written license or agreement with AuraShots.

25. The Users are not allowed to alter, change, remodel, or copy or use the Website Content for personal or commercial purposes or use it for other products and services without the consent of AuraShots. Any remuneration gained by use of the material monetary or otherwise is construed as commercial use for the purposes of this clause.

26. If a Visitor uses this website for any purpose other than the purpose provided for in here then AuraShots shall immediately revoke the license granted to the Visitor in this paragraph without any notice to the Visitor.

27. No ownership in any Website Content shall transfer to anyone accessing this Website and using the Website Content. Visitors shall not remove any copyright or other proprietary rights notice contained in the Website Content.

28. AuraShots is not an expert in Visitors’ intellectual property rights, and thus, we cannot verify that the users and contributors to the Website have rights to the Content posted by them. If you believe that any material on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with at: [email protected]

29. AuraShots may give notice of a claim of copyright infringement by means of a general notice on the Website, electronic mail to a user's e-mail address and may also remove the infringing content uploaded by the user.

30. This website is presented on an “as is” basis. AuraShots has taken all reasonable steps to ensure that the product descriptions and details are accurate and updated timely. To the extent permittable, AuraShots does not warrant that the product descriptions, details, information or other any other content available on this website would be completely error free and absolutely accurate, comprehensive, reliable or current. All products and services provided through the Website are on “as is” and “as available” basis.

31. AuraShots does not guarantee that the Website will be available constantly or at all or that the information provided is true, accurate and not misleading. AuraShots and its affiliates disclaims any guarantee on the colour, size, shape, quality, finish, appearance and exactness of the products displayed and ordered by the Visitors.

32. AuraShots makes no express or implied representations or warranties of any kind whatsoever in connection with these T&C and / or the website, 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.

33. AuraShots disclaims any and all responsibility and liability for accuracy, sustainability, timelines, performance, completeness and safety or legality of any products and services displayed on the Website. Though precautions are taken to eliminate any inaccuracies, however, we cannot guarantee that at no time there shall arise any claim, title or interest for the products and services displayed on this website.

34. AuraShots and its affiliates are not responsible for any damages, punitive, incidental, special or consequential or any other damages arising out of loss for inability to use the products and services on the Website or for unauthorised access and/or altercation to user’s data or breach of condition and/or warranties by the manufacturer’s products. AuraShots will not be held liable for Visitors’ inability to use the Website due to periodic maintenance or unplanned suspension. The Visitors agree that they are solely responsible for any loss of data or damage to their mobile or other devices on which the user accessed the website due to downloading data from the website. AuraShots’s liability to the maximum extent under law is equal to the amount of the value of product or services purchased by you. AuraShots will not be liable for any dispute or disagreement arising between users and/or between Visitors and third party.

35. All Visitors agree that AuraShots will not be held liable or otherwise responsible, whether in contract, tort (including negligence) or otherwise, under any circumstances, for any (i) delays or interruptions to accessing this website (ii) interruption of business; (iii) data non-delivery, mis-delivery, corruption, destruction or other modification; (iv) damages or losses incurred as a result of any interaction or dealing with any third party or off-website links on the website; (v) bugs, trojans, viruses, system failures or malfunctions that occur in connection with use of the site, including by way of any hyperlink to or from third party websites; (vi) any inaccuracies or omissions in content or (vii) events beyond our reasonable control.

36. To the extent permitted by law, AuraShots shall not be held liable or responsible for any sort of indirect damage – whether special, punitive, incidental, or consequential damages of any kind, including lost profit - related to the Visitors’ use of this website regardless of the form of action whether in contract, tort (including negligence) or otherwise

37. In no event shall AuraShots, its affiliates, subsidiaries and their respective directors, employees, officers, members or agents be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including, but not limited to negligence) or otherwise, arising out of or in any way connected with the use of the website, the services, AuraShots image content or the materials contained in or accesses through the website, including without limitation any damages caused by or resulting from reliance by user on any information obtained from AuraShots, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to AuraShots' records, programs or services.

38. In no event shall the aggregate liability of AuraShots, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the site exceed any compensation you pay, if any, to AuraShots for access to or use of the website.

39. You agree and acknowledge to access this Website at you own risk and using your own reasonable prudent judgment before entering into any transactions on this website.

40. The Visitors agree to defend, indemnify and hold AuraShots harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from any breach by the Visitor of these T&C, the Privacy Policy or any other policies and terms of AuraShots that shall be deemed to be incorporated in these T&C.

41. The Visitors further agree to indemnify AuraShots for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any use by the Visitor of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action of the Visitor which imposes an unreasonable burden or load on AuraShots’s infrastructure. Additionally, all Visitors agree to indemnify AuraShots and its affiliates against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of the Visitor’s use of this website, or by any other person using the Visitor’s computer, of any intellectual property or other right of any person, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of the communications issued by the Visitor to AuraShots in any mode of communication.

42. These T&C shall remain in effect and valid unless and until terminated by either AuraShots or the Visitor. Any Visitor can terminate these T&C at any time by discontinuing any further use of this website, provided that the Visitor deletes all materials downloaded or otherwise obtained from this website. Kindly note that any such termination shall not affect the Visitor’s obligation of completing the payment for any product purchased from AuraShots.

43. Termination would not affect the clauses of these T&C that by their very nature would survive the termination of these T&C such as the provisions dealing with intellectual property, user content, warranties and representations, clauses pertaining to indemnity, limitation of liability, etc.

44. In case AuraShots terminates these T&C with any Visitor, then the Visitor shall immediately comply with the termination notice, including, as applicable, by ceasing all use of this Website.

45. The law of India will govern theses T&C and all disputes arising in respect hereof shall be exclusively referred to the jurisdiction of Courts at Mumbai.

46. Any dispute regarding these T&C, including but not limited to any difference in interpretation or otherwise, between the Visitor and AuraShots shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in Mumbai. For disputes relating to orders outside India, International arbitration rules of Indian Arbitration and Conciliation Act 1996 shall apply. The seat and venue of international arbitration shall be Mumbai.

47. Without any prejudice to the foregoing, AuraShots 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.

48. All Visitors agree and acknowledge that these T&C constitute the complete and exclusive agreement between AuraShots and the Visitor concerning the Visitor’s use of this website, and that these T&C supersede and govern all prior proposals, agreements, or other communications.

49. AuraShots’s failure to require the Visitor’s performance of any provision hereof shall not affect AuraShots’s right to require such performance at any time thereafter, nor shall any waiver by AuraShots of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

50. If any provision of these T&C is held to be unenforceable or invalid under any applicable law or by any applicable arbitral award or court decision, then such unenforceability or invalidity of that provision(s) shall not render the remaining provisions of these T&C unenforceable or invalid as a whole and instead, the T&C shall be modified, to the extent possible, by treating the provision as of it was not a part of these T&C.

51. If there are any queries or concerns regarding these T&C, please get in touch with us at [email protected]