Terms and Conditions
Warranty
We believe in the quality of our products and believe that they will stand by you through all times. But there are circumstances during shipment transit, handling, etc when things might go wrong. We urge that you should register your product when purchased for ease of identification at a later date & also keep the proof of purchase document safe with you.
To protect you against defects, we include a 1 year limited warranty with all of our products. The limited warranty covers any flaw with the foam causing material to split or crack or an indentation in the foam that does not regain its original shape.
This limited warranty does not cover products that damaged, have soiling, tears, or stains. Further the warranty does not cover a with time increase in the stiffness or extreme weather-related deterioration of the foam. Sakuntala Inc does not warranty commercial use of the products or products sold by resellers who are not authorized retailers. Warranty is for replacement, or substitution only and refunds are not allowed.
To file a warranty claim please email us at customercare@sakuntalas.com the following information:
• Purchase Receipt
• Product law tag
• Photos of the product including close up view of the defective area
Registering your new Urvi product can help keep record of your purchase for future reference. This is helpful should you find yourself in need of filing a warranty claim in the future:
• Contact information
• Purchase Details
• Type of Pillow
Use of the Platform or Services
Please read the following terms and conditions carefully before registering on, accessing, browsing, downloading or using the Sakuntala Inc website located at www.sakuntalas.com, and all associated sites linked to www.sakuntalas.com, or any similar platform (hereinafter collectively, the Sakuntala Inc Platform, having its registered office at 6129 Hollow Corners Road, Dryden, MI – 48428 on any device and/or before availing any services offered by Sakuntala Inc on the Sakuntala Inc Platform which may include services such as donation or contribution or any other service that may be offered by Sakuntala Inc on the Sakuntala Inc Platform (hereinafter individually, and collectively, the Sakuntala Inc Services). For the avoidance of doubt, it is clarified that these terms and conditions shall apply to all Our Services, whether offered by Sakuntala Inc.
Acceptance
By registering on, accessing, browsing, downloading or using the Sakuntala Inc Platform for any general-purpose or for the specific purpose of availing any Sakuntala Inc Service, You agree to be bound by the single-sign-on ID (hereinafter SSOID) terms and conditions set forth below as well as by the service-specific terms and conditions applicable to each Sakuntala Inc Service (hereinafter collectively, the T&Cs). These T&Cs shall also include any additional or modified terms and conditions in relation to the SSOID or any additional or modified service-specific T&Cs in relation to any Sakuntala Inc service or any future service that may be offered by Sakuntala Inc on the Sakuntala Inc Platform. By registering on, accessing, browsing, downloading, or using (as applicable) the Sakuntala Inc Platform or availing any Sakuntala Inc service or the SSOID, You automatically and immediately agree to all the T&Cs. If at any time You do not accept or agree with any of the T&Cs or do not wish to be bound by the T&Cs, you may not access, browse or use the Sakuntala Inc Platform and immediately terminate your availing the Sakuntala Inc Services. Accepting or agreeing to the T&Cs will constitute a legal contract (hereinafter Agreement) between you, being at least 18 years of age and an individual user of the Sakuntala Inc Platform or a customer, donor or beneficiary of the Sakuntala Inc Services. All services are rendered by Sakuntala Inc through the Sakuntala Inc Platform under the brand name “ Urvi Towards Joyful Living” (or any derivatives or variations thereof). Consequently, all the rights, benefits, liabilities and obligations under the T&Cs shall, as the case may be, accrue to the benefit of, or incurred by, Sakuntala Inc, regarding Your use of Sakuntala Inc’s digital services (which includes donation and contribution), or any such other services which may be added on the Sakuntala Inc Platform and which will henceforth be a Sakuntala Inc Service, from time to time. The Sakuntala Inc Services shall be used by You subject to Your adherence with the T&Cs. As long as You accept and comply with these T&Cs, Sakuntala Inc grants You a personal, nonexclusive, non-transferable, limited, revocable privilege to enter and use the Sakuntala Inc Platform and/or avail the Sakuntala Inc Services.
Indemnification
You agree to indemnify, save, and hold Sakuntala Inc, its affiliates, employees, officers, directors and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to:
(i) Your use or misuse of the Sakuntala Inc Services or of the Sakuntala Inc Platform;
(ii) any violation by You of this Agreement or the SSOID Agreement; or
(iii) any breach of the representations, warranties, and covenants made by You herein.
Sakuntala Inc reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Sakuntala Inc, including rights to settle, and You agree to cooperate with we defense and settlement of these claims. We will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.
Disclaimer; No Warranties
To the fullest extent permissible pursuant to applicable law, Sakuntala Inc, an incorporation and its third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by You from Sakuntala Inc or through the Sakuntala Inc Platform will create any warranty or guarantee other than those expressly stated herein.
For the purposes of this Disclaimer, You expressly acknowledge that as used in this section, the term “ Sakuntala Inc ” includes Sakuntala Inc’s officers, directors, employees. You acknowledge that Sakuntala Inc (www.sakuntalas.com) is an Incorporation formed under the laws of Michigan, and is not liable for any third party obligations due to rates, quality and all other instances, whether to any such buyers, users, subscribers or otherwise. You expressly agree that the use of the Sakuntala Inc (Products/Services purchased from our Platform or otherwise is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all products, accessories and other product/information provided through the site or on the Internet generally.
The Sakuntala Inc and our Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. Sakuntala Inc, and its partners do not warrant that the data, our software, functions, or any other information offered on or through our Services/ our Platform or any reference sites/ platforms/ services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. Sakuntala Inc and its licensors, and partners do not warrant or make any representations regarding the use or the results of the use of Our Products/Our Services/ Our Platform or any reference sites/ platforms/ services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that You use, access, download, or otherwise obtain products, information, materials, or data through Our Services/ Our Platform or any reference sites/ platforms/ services at Your own discretion and risk and that You will be solely responsible for any damage to Your property (including Your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement. This paragraph shall survive the termination of this Agreement. In no event will Sakuntala Inc be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information and the like) arising out of the use of or inability to use Our Platform.
Ownership; Proprietary Rights
The Sakuntala Inc Services and Our Platform are owned and operated by Sakuntala Inc. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), services, and all other elements of Our Services and Our Platform provided by Sakuntala Inc for Social Welfare are protected by international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between You and Sakuntala Inc, all services and programs contained on Our are the property of Sakuntala Inc for Social Welfare. You agree not to remove, obscure, or alter Sakuntala Inc or any third party’s copyright, patent, trademark, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through Our Services/ Platform. Except as expressly authorized by Sakuntala Inc, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the services. Sakuntala Inc reserves all rights not expressly granted in this Agreement. If You have comments regarding Our Services and/or Our Platform or ideas on how to improve it, please contact customer service. Please note that by doing so, You hereby irrevocably assign to Sakuntala Inc, and shall assign to Sakuntala Inc, all rights, title and interests in and to all ideas and suggestions and any and all worldwide intellectual property rights associated therewith. You agree to perform such acts and execute such documents as may be reasonably necessary to perfect the foregoing rights.
Governing Law
The Limited Warranty will be governed by the laws of the State of Michigan.
Arbitration
In the event a dispute arises between you and Sakuntala Inc arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required. Arbitration will take place in Dryden, Michigan.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
