Last updated: 24^th May 2020
TERMS AND CONDITIONS OF WEBSITE USE (terms of use)

1. Welcome to pmagic.shop. P-Magic USA, P-Magic Hygiene Solutions Private Limited (hereinafter referred to as P-Magic) and its affiliates provide access to the pmagic.shop website (the “site”) to you subject to the conditions set out on this page.

   Please read these “Terms” and Conditions of Website Use (“Terms”, “Terms” of Use”) carefully before using the pmagic.shop website (the “Site”) operated by P-Magic Inc., P-Magic Hygiene Solutions Private Limited (hereinafter referred to as P-Magic) and its affiliates (“us”, “we”, or “our”). P-Magic, its subsidiaries, affiliates, it’s/their respective officers, directors, agents and employees, consultants are hereinafter collectively referred to as P-Magic  & others.

   Your access to and use of the Site is expressly conditioned on your acceptance of and strict compliance with these “Terms”. These “Terms” apply to all visitors, users and others (hereinafter collective referred to as “users or you”) who access or use the Site.

   By accessing or using the Site you agree to be bound by these “Terms”, if you disagree with any part of the terms then you may not access the Site.

    

    

2. Use of Information: Users may browse this site, download or use information from this Site, including any text, sound, images, audio and video (collectively: “Information”) for strictly non-commercial use and in strict compliance with the LEGAL NOTICE mentioned above. The users cannot distribute, modify, transmit, reuse, repost or use the Information for commercial purposes, without the express written permission of P-Magic.  The user must assume that everything read or seen on this Site is copyrighted according to applicable prevailing laws, unless otherwise noted; and must not be used except as laid down in these “Terms” and Conditions. All access and use of the content of the Site hereof is at the own and sole risk of the user as to the cost and consequence. Use of this site does not confer any license or right to the Information or any copyright of P-Magic. All content related to P-Magic’s corporate and business activities, as well as those of P-Magic & others included on this portal such as text, graphics, logos, icons, images, videos and software, (collectively the “Copyrights”); the trade names, logos and Site marks (collectively the “Trademarks”) displayed on the site are registered and unregistered Trademarks of P-Magic and are the exclusive property of P-Magic and is protected by applicable legislations concerning protection and preservation of intellectual property rights and international treaties relating thereto. Products, trademarks, product labelling and products as displayed herein may undergo modifications in different territories. Nothing in this Site should be construed as granting any license or right to use any Trademarks, copyrights or Information without the prior written permission of P-Magic. Except as expressly authorised herein, the user should not display, download, distribute, reproduce, republish, or transmit any information, text, images, documents contained in the Site, without the express prior written consent of P-Magic.

3. User Information: Any or all user communication or material that the user transmits or posts on the Site by email, any other oral or written mode which may either be directly or indirectly via any other person including but not limited to any review, data, testimonials, videos, photographs, questions, comments, suggestions (herein after collectively referred to as “User Information”), is and will be treated as non-confidential and non-proprietary information and shall become the property of P-Magic. P-Magic and its affiliates may store or use the User Information for any purpose whatsoever, including but not limited to, reproduction, disclosure, transmission, publication, broadcast or further posting, without any compensation to the user. The user also expressly acknowledge that P-Magic, or any of its affiliates, are free to store, use any ideas, concepts, know-how or techniques contained in any User Information, for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without any compensation to the user. In case of a change in control of P-Magic, P-Magic reserves the right to transfer the User Information to the new party.

4. Notwithstanding the above, the users are prohibited from altering the Site or posting or transmitting any unlawful, defamatory, derogatory, demeaning, threatening, vulgar, obscene, scandalous, inflammatory material that could constitute or encourage conduct that would be considered a criminal offence or give rise to a civil liability or otherwise violate any law. P-Magic reserves the right to prosecute the user to the fullest extent of law of the terms set forth in the ““Terms” of Use” herein. The user agrees to indemnify and hold P-Magic & others from any claim, demand or damage, including all attorney fees due to or arising out of the users conduct on P-Magic.

5. Accounts: When you create an account on the Site, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the “Terms”, which may result in immediate termination of your account on our Site.

   You are responsible for safeguarding the password that you use to access the Site and for any activities or actions under your password, whether your password is with our Site or a third-party Site.

   You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

6. Non-transferrable: P-Magic expressly prohibits the user from transferring the Users right to access the Site and related websites. The aforementioned right is strictly non-transferrable by the User to any other person or entity/organisation of any kind. Any and all password/s, right or access given to a user to obtain information or documents (of any kind or mode such as electronic or any other document) is not transferrable and remains the exclusive property of P-Magic.

7. Privacy Policy: Please review our Privacy Policy because it governs your visit to pmagic.shop, to understand our practices. The personal information / data provided to us by you during the course of usage of pmagic.shop will be treated in accordance with the Privacy Policy. Please do not use the website if you object to your information being transferred or used.

8. Medical Information/Medical Claim & Product Disclaimer: Iinformation relating to all products on this Site (collectively the “Products”) is provided by P-Magic for general information purposes only and not to cure or prevent any disease or ailment or for any medical purposes. The Products are NOT A MEDICAL DEVICE AND NEITHER ARE A MEDICAL SOLUTION OF ANY KIND.

   The Products are meant for animal  & human waste (excreta) removal & are the first line of defense against the transmission of pathogens, which spread via human & animal waste (pee, poop, urine, saliva, blood, vomit). This product is NOT INTENDED TO REPLACE A SURFACE DISINFECTANT. P-Magic strictly urges all users to follow their government’s surface disinfection guidelines after using P-Magic to remove excreta of any kind.  Biocides used in P-Magic are known to kill upto 99.99% germs & viruses affecting animals and humans as per the respective international biocide efficacy data. There maybe variations in the percentages of ingredients in different batches of the product.

   Information on the Products may vary from country-to-country. A reference to a Product or Site on this Site does not imply that such Product or Site is available in your country. Product Information on this Site is not intended to be used as an alternative to consulting with qualified doctors or medical professionals. The Product information outlined herein must not be construed or implied to be a promotion or solicitation for the use of any Product on this Site that is not authorized by the laws and regulations of the country you reside in or the country you are a citizen of.

9. Intellectual Property and Copyright Notice: The Site and its original content, features and functionality are and will remain the exclusive property of P-Magic and its licensors. Unless otherwise stated, copyright or similar rights in all material presented on the site, including graphical images, videos are owned by P-Magic & affiliates. This Site and its entire contents are subject to copyright protection.  User is expressly forbidden from copying the contents of the Site (which include but is not limited to text, pictures, videos, graphics, information, reviews etc.) must not be copied in any circumstances without the prior express consent of P-Magic. Unless expressly authorised herein, the user must not download, republish, display, reproduce, distribute or transmit any information, movies, videos, text, images, graphics, documents contained in the Site, without the express prior written consent of P-Magic.

10. Trademarks: The logos, Trademarks, and service marks (collectively the “Trademarks” granted or applied for) are the trademarks of P-Magic and / or its affiliates. Any other trademarks used in the Site are trademarks of their respective owners. It is expressly stated that the user must not construe anything contained on the Site as granting the user by implication, or otherwise, any license or right of use any Trademark displayed on the Site without written permission of P-Magic.

11. Reviews: The Reviews/testimonials published on our site include reviews given by pet lovers around the globe either verbally or in writing, directly or indirectly. P-Magic has no control over their accuracy. Reviews are also governed by our privacy policy.

12. Links To Other Web Sites: The Site may contain links to third party web sites or Sites that are not owned or controlled by P-Magic. P-Magic has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or Sites. You further acknowledge and agree that P-Magic shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or Sites available on or through any such web sites or Sites. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or Sites that you visit.

13. ERRORS, INACCURACIES, AND OMISSIONS: Information on our site may contain typographical errors, inadvertent errors, inadvertent inaccurate information, or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. P-Magic reserve the right to correct all/any of the aforesaid inadvertent errors/omission and update any/all information without prior notice to you (including after you have submitted your order)

14. CONTRACT FOR SALE OF GOODS
    1. The parties to the contract of sale of goods are P-Magic (“the supplier”) and you (“the purchaser”). By placing an order on this site you explicitly confirm that you have read the “terms of use” of this site and accept them. The contract of sale of goods via this site are bound by the “terms of use” of this site (including but not limited to the terms, policies, information contained in this site regarding the products)
    2. All goods must be pre-paid in full before shipment. Orders once placed cannot be cancelled. No returns or refunds are offered. All payments are processed by the secure payment gateways: Razorpay or PayPal. P-Magic does not keep a record of your debit/credit card details or any other payment mode submitted by you on the aforementioned payment gateways/payment processors and P-Magic is not
       responsible for the same.
    3. By processing your payments (including but not limited to submitting your credit/debit card details or any other payment mode) on Razorpay or PayPal, you expressly agree to indemnify P-Magic and its affiliates against any/all loss or theft from credit/debit card (or any other payment mode) which have been submitted by you on Razorpay or PayPal. The security of your payment information is the exclusive domain of Razorpay or PayPal. P-Magic does not keep any record of your payment information (including but not limited to submitting your credit/debit card details or any other payment mode) submitted on Razorpay or PayPal. 
    4. P-Magic retains the right to accept or deny any purchase or offer to sell made on this site without assigning any reason. No contract is formed until we communicate the acceptance of your order.
    5. The above mentioned electronic contract shall have the same legal force and effect as a written contract signed by you.
15. CANCELLATION POLICY
    1. 1. Cancellations by P-Magic: P-Magic reserves the right to cancel or refuse any order placed by you on our site without assigning any reason for the same. Your order may be cancelled due to the following (but not limited to) reasons such as non-availability of product, limited quantity of product available, inaccuracies or errors in product or pricing information, or any problem identified by our credit and fraud avoidance department. P-Magic may also require you to provide additional verification or information before accepting your order. P-Magic will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the said amount will be reversed back in your credit/debit card account.
       2. Cancellations by You: Order/s placed by you on the site cannot be cancelled. You expressly agree to the aforesaid term and also agree that the aforesaid terms are acceptable to you in letter and spirit and that you forego your right to challenge the aforesaid terms in the court of law (as per the jurisdiction outlined in these “terms”)

16. Termination
    1. We may terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the “Terms”.
    2. All provisions of the “Terms” which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    3. We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the “Terms”.
    4. Upon termination, your right to use the Site will immediately cease. If you wish to terminate your account, you may simply discontinue using the Site.
    5. All provisions of the “Terms” which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

17. Disclaimer & Indemnity: Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Nothing contained in this site herein grants or extends a license, expressed or implied, in connection with patents, issued or pending, of the manufacturer or others. Information contained herein is based on P-Magic’s own study and the work of others. P-Magic makes no warranties, expressed or implied, as to the accuracy, completeness, or adequacy of the information contained herein including the; reviews, all implied warranties and conditions of merchantability, use, consumption, fitness, title, completeness and non-infringement with regard to any product or any information in the site. P-Magic and its affiliates shall not be liable (regardless of fault) to the users, or anyone for any direct, indirect, special or consequential damages arising out of or in connection with the accuracy, completeness adequacy or furnishing of such information as published on this site. For the purposes of this clause, a reference to P-Magic shall also deem to include a reference to the affiliates, directors, officers, employees, and consultants of P-Magic.
    You the User agrees to indemnify and hold P-Magic & others from any claim or demand, or actions including attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

18. LEGAL NOTICE REGARDING PATENT INFRINGEMENT: P-MAGIC’S PROPRIETARY FORMULA IS PATENT PENDING. ANY INDIVIDUAL OR ENTITY WHO ATTEMPTS TO COPY/MODIFY/MANUFACTURE/PACKAGE/SELL/RESELL THIS FORMULATION IN ANY FORM FOR PERSONAL OR COMMERCIAL USE WILL BE PROSECUTED TO THE FULLEST EXTENT OF CIVIL/CRIMINAL NATIONAL & INTERNATIONAL LAWS AS APPLICABLE

19. Any illegal act (activity) by you while using our site or products: You the user, expressly agrees that P-Magic reserves the right to prosecute you to the fullest extent of law for any unlawful acts committed by you (or your affiliates/friends/relatives/others) while; using this site or our products, any breach of these terms and conditions.

20. Governing Law: These “Terms” shall be governed and construed in accordance with the laws of India and the district courts of Saket, New Delhi and/or High Court of Delhi, India will have exclusive jurisdiction without regard to its conflict of law provisions.

21. Our failure to enforce any right or provision of these “Terms” will not be considered a waiver of those rights. In event if any provision of these “Terms” is held to be invalid or unenforceable by a court of law, the remaining provisions of these “Terms” will remain in full effect. These “Terms” constitute the entire agreement between P-Magic and you the User regarding our Site, it supersedes and replaces any prior agreements between P-Magic and you the User regarding our Site.

22. Cyber Security & related indemnity: The security of the site and your data is extremely important for P-Magic. P-Magic to the best of its knowledge uses its best efforts to deploy the latest cyber security measures used to protect and secure the site and your data from all kinds and types of cyber attacks and cyber hacking by any and all modes. However, we acknowledge that no cyber system can be perfectly secure, reliance is placed on the continued cyber attacks on leading financial and governmental institutions which have on many occasions have fallen and continue to fall prey to cyber attacks. In event of any cyber attack on our site or servers (of any form, via any mode), you the user agrees to indemnify P-Magic & others from any claim or demand, or actions including attorney’s fees.

23. FORCE MAJEURE – For purposes of these terms and conditions of use, Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of P-Magic & others, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage terrorism, cyber attacks, vandalism, accident, restraint of government, governmental acts, injunctions, labour strikes, and other like events that are beyond the anticipation and control of P-Magic & others affected thereby, despite their reasonable efforts to prevent, avoid, delay, or mitigate the effect of such acts, events or occurrences, and which events or the effects thereof are not attributable to the failure to perform its obligations under this terms and conditions of use.
    Due to Force Majeure, you the User agree to indemnify P-Magic & others from any claim or demand, or actions including attorney’s fees arising out of all causes of action due to which P-Magic & others are unable to discharge or perform any or all actions/duties as per the “terms of use” of this site.

24. Changes: We reserve the right, at our sole discretion, to modify or replace these “Terms” at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
    By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised “terms”. If you do not agree to the new terms, please stop using the Site immediately.

25. Contact Us: If you have any questions about these “Terms”, please contact us at support@pmagic.shop