MB Store/Ambassador Terms & Conditions
Terms & Conditions
Masala Dance and Fitness, Inc.
Terms and Conditions for Use and Sales
Masala Dance and Fitness, Inc is dedicated to providing excellent customer service and customer satisfaction is paramount. We endeavor to make our policies clear and we appreciate your review of our Terms and Conditions for Use and Sales.
Please note that by using and/or purchasing from our website you agree to these Terms and Conditions of Use and Sales together with any documents referred to within it. Should you have any questions and/or concerns please contact us at orders@masaladance.com.
'We', 'Us' or 'Our' denotes Masala Dance and Fitness, Inc.
'You' or 'Your' denotes the customers (actual or potential) of Masala Dance and Fitness, Inc.
These terms and conditions were last updated on January 14, 2013.
Introduction
These terms & conditions set out the terms between 'you' the customer or potential customer, whether as a guest or registered user, and 'us' or 'we' Masala Dance and Fitness Inc., the website owner.
Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.
You should not use this website if you do not accept with these terms & conditions in full.
Customer Information
You should always check that the contact information you provide is correct before creating a customer account or proceeding to payment.
You are responsible for maintaining your own username and password, where required to access your customer account. You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.
As a customer you are responsible for your customer account and actions taken within it. If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately at orders@masaladance.com.
By placing an order on our website you warrant that you are (a) legally capable of entering into binding contracts and you have full authority and capacity to agree to these terms of sale (b) you are at least 18 years of age (c) the information you provide within your order is accurate and complete (d) you will be able to accept delivery of the products
We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.
Privacy
We take your privacy seriously. We are registered under and comply with the Data Protection Act 1998. For further details please see our Privacy Policy.
Product Pricing, Description, Warranty and Title
We make every effort to ensure that the pricing displayed on our website is correct. However, if an error in the pricing of a product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). The processing of an order can be cancelled or corrected by us at anytime up to the shipment of that order and any related items.
We reserve the right to alter all product pricing without notice.
We aim to provide you with adequate and accurate information to enable you to make an informed decision about your purchase. This includes quality images and product detail both written by us and/or provided to us directly from the supplier. You should be aware that colors and appearance of products may vary from computer to computer.
We outline our returns policy within this document should your purchase fail to meet your expectations. Manufacturer warranties and/or product recalls should be inquired with the direct manufacturer. Masala Dance and Fitness, Inc does not take responsibility for manufacturer warranty nor product recalls.
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and that payment has been made into our own bank account and your order has been shipped.
Ambassador Terms
The ambassador account for all our associated instructors is a subscription based service - which gives the ambassador access to proprietary digital content (not accessible otherwise). There is a yearly fees which the ambassador has to pay in advance every year. When you sign up for the ambassador network - please note that you agree to our terms - which clearly state that this is a subscription service - which auto-renews every year. If an ambassador wishes to opt out of the subscription - the onus of cancelling their subscription is on them. MasalaDance will not cancel the subscription unless requested. Also an intimation email will be sent to all ambassadors by our system - telling them about the charges to be applied around 2 weeks in advance. If there is no action from the ambassadors end - it is implied that they want to continue with the subscription. THERE WILL BE NO REFUND ONCE THE FEES IS CHARGED.
Promotions
We may occasionally offer promotional offers or events to our customers. Only one promotional offer per order and customer-promotional offers cannot be combined, transferred, or utilized towards delivery charges or gift cards unless otherwise stated. Promotional offers do not have a cash value. We reserve the right to withdraw promotional offers at any time without notice or reason. Please read the specific rules of each promotion, competition, contest, voucher code, discount or related carefully.
Customer Account Credits, Returns & Exchanges
Masala Dance and Fitness, Inc typically does not accept returns or exchanges. Occasionally, a few returns and exchanges are offered on a case-by-case basis. To make such a request, please contact orders@masaladance.com. Credits are not offered. Returns and exchanges can only be used for qualifying purchases within Masala Dance and Fitness, Inc website. Exchanges cannot be transferred, or applied to shipping charges. Masala Dance and Fitness, Inc reserves the right to discontinue or change the rules, value, terms and conditions of the credit, return and exchange program for any reason and at any time.
Your Order
When you place an order, you will receive a confirmation email from us to confirm your order. Your order constitutes an offer made to us to purchase the goods specified in the order.
Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order. Product items not included within the dispatch email are not included in the order and contract between you and us.
We reserve the right to delay or refuse orders where a transaction contains incomplete details, details that are not able to be verified or where fraud is suspected.
No other form of refund or credit will be offered nor will a refund be made to any third party card or account.
Shipping and Customs Duty
We make every effort to ship orders within 7 to 21 working days depending on the sales event. We do not stock inventory and all orders received by us are shipped subject to availability. Estimated delivery time commences from the "close of the sales event".
We reserve the right to ship products at a later date (up to 28 days after purchase) where the product ordered is not in stock at the time of purchase. In this situation you will be contacted and offered a full refund instead of delivery of the product.
We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control. If such disruption occurs you will be offered delivery via an alternative delivery or fulfillment company or a full refund.
If you are ordering a product from outside the US the recipient of the product is responsible for all customs duties or tariffs incurred in the country to which the products are shipped. Furthermore your order may be subject to delay or be opened and searched by local customs authorities when entering the destination country. Please note we are unable to provide specific advice on customs duties or tariffs.
Delivery of Your Purchase
Delivery method depends on the contents of the order, your location. Where possible we will endeavor to send your order with a tracking system in place.
You may receive your order directly from the manufacturer per our Privacy Policy and they agree to the above terms of shipping and delivery.
We are not responsible if you are not present for your delivery or delivery that is returned to us as undeliverable with the exception of an error on our part. Please ensure that you have communicated directly with the delivery company regarding your specific delivery instructions and/or arrangements. The products will be at your risk from time of delivery.
Cancellation Rights, Returns and Refunds
We are a small business and so we do not take any returns. All sales are final. If for some reason, you have received a defective workout DVD then we will be happy to exchange it for you at no additional cost.
Customer Complaints
We endeavor to respond to all customer complaints or queries within seven working days. Should you have any queries or concerns please contact us via email at orders@masaladance.com with customer service in subject line.
Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy above.
Events Outside Our Control
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of god, war, civil disorder or industrial dispute.
License
We grant you a license to access the content, information and services contained within our website for personal use only.
This license allows you to download and cache (using your browser) individual pages from our website.
This license does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an intranet, where our website or a substantial part of it is hosted locally on the intranet in question.
Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission.
Our website cannot be placed within the frame-set of another site.
Third parties are not allowed to 'deep link' to pages within our website, without our express prior written permission. All links (unless expressly permitted by us) should be to the main index page of our website. Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.
The restriction on 'deep linking' does not apply to affiliate partners who wish to send customers directly to a particular page or product in order to increase their affiliate sales
Copyright
All content, databases, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.
The data mining, extraction or utilization of product information from our website is not permitted without our express prior written permission.
User Generated Content
Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content. Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs. As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.
Users are accountable and responsible for content electronically submitted or shared on the Masala Dance and Fitness, Inc website, blog and social media accounts and must ensure that this content is not used for fraudulent purposes, does not contain any material that is illegal, offensive, indecent, abusive, defamatory, obscene or menacing; or infringes the intellectual property rights of any other party; or is harmful to third parties; or which contains software viruses, political content, spam or related. The content shall not be capable of breaching the laws of any jurisdiction in which it may be displayed.
We reserve the right to remove any content, which breaches or risks breaching these terms and conditions and if needed take legal action against the involved parties. However, we shall not assume any responsibility for auditing or monitoring any user generated content.
Any complaints about such content by rights holders or any user or visitor to our website should be directed to us at info@masaladance.com.
Limitations and Exclusions of Liability
Where content and information is provided on the website without charge we exclude all liability for such content and information.
All business losses (including, but not limited to) loss of profits, income, revenue, damage to goodwill, loss of other commercial contracts, other commercial opportunities are all excluded.
All indirect, consequential or special losses or damage are all excluded. All other losses or damages not reasonably foreseeable at the time of the contract between you and us are also excluded.
All losses relating to the loss or corruption of data, databases, systems, software or hardware are all excluded.
These terms and conditions do not exclude or limit liability for death or personal injury caused by you or us. These terms and conditions do not exclude or limit liability for fraud or fraudulent misrepresentation caused by you or us.
These terms and conditions do not exclude or limit liability where this conflicts with the applicable law for this jurisdiction.
Indemnity
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you. Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.
Variation
We reserve the right to vary these terms & conditions at any time, without giving notice to you. Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website.
Assignment
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you. This right of assignment shall only apply to us and shall not apply to you in any way.
Severability
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Waiver
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be a waiver of those rights by us unless we acknowledge the waiver in writing.
Third Parties
These terms and conditions are between you and us. They do not apply to, or benefit any third party and are not reliant on any third party.
Entire Terms & Conditions
These terms & conditions set out the entire agreement and understanding between you and us.
Your Statutory Rights
Where acting as a consumer your statutory rights are unaffected.
Jurisdiction
These terms & conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.
Our contact and registration details are as follows:
Masala Dance and Fitness, Inc.