Term of Use

Things you may want to know

Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this website agree that access to and use of this website are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this website.

Malaika Padma Ltd owner of I OM(sign) Yoga trade mark and Malaika Padma trade mark and logo, ("MALAIKA PADMA LTD.COM") reserves the right to modify these Terms of Use at any time. You agree to review these Terms of Use periodically to be aware of such modifications and that your continued use of the website shall be deemed to be your conclusive acceptance of any modified Terms of Use. We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified" at the end of these Terms of Use. If you do not agree to abide by any modified version of these Terms of Use, you are not authorized to use this website.

Security

We use SSL secure server technology to encrypt your payment information

Email List

By joining our email list we will update you on new products, designs, promotions and other exciting news we think you'll be happy to hear about. Needless to say, this email list will be used exclusively by us (we DO NOT give or sell our email list to anyone). As we appreciate your time, we don't want to bombard you with emails, so we will be sending you emails only every so often.

Privacy Policy

We understand and appreciate the sensitivity of your personal information and we DO NOT share or sell your personal information with other parties.

Email- We ask for your email address as we want to communicate with you and update you on new products, promotions and news, as well as we need your email address for billing purposes so we may send you an order confirmation. You may opt-out should you not wish to receive these communications from us.

Other Personal Info- We require other personal information for order processing purposes and these, like the rest of the information, are kept secured.

Risk of Loss

All items purchased from MALAIKA-PADMA.COM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Feedback

Here at MALAIKA-PADMA we care a lot about and would really want to hear your comments and ideas. All remarks, suggestions, ideas, graphics, or other information communicated to MALAIKA-PADMA through this website or by email (collectively the "Submissions") shall be deemed a grant of permission by you to MALAIKA-PADMA to adopt and to use such ideas or suggestions without additional consideration. Any information provided by you to MALAIKA-PADMA by email or otherwise will forever be the property MALAIKA-PADMA or whomever it transfers it to. MALAIKA-PADMA will not be required to treat any such submissions as confidential, and will not be liable for any ideas for its business and will not incur any liability as a result of similarities that may appear in future marketing efforts or operations. Without limitations, MALAIKA-PADMA will have exclusive ownership of all present and future existing rights to the Submissions to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and/or display such Content, subject to the provisions of our Privacy Policy.

Product Orders

All orders placed through the website are subject to MALAIKA-PADMA's acceptance, which is in its sole discretion. Without limitation, this means that IOMYOGA.COM may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, in its sole discretion, and without liability to you or any third party. If your credit card or PayPal account has already been charged for an order that is subsequently cancelled, MALAIKA-PADMA shall issue a credit to your credit card or PayPal account.

Copyright and Trademarks

This website is owned by MALAIKA-PADMA Ltd (the "Website") and all material contained on this website are protected by Israeli and U.S. and copyright law. No information, communications, software, photos, text, video, animation, graphics, music sounds, images, and other materials and services (collectively the "Content") may be copied, reproduced, republished, downloaded, uploaded, posted, transmitted, or distributed without the prior written permission of MALAIKA-PADMA. Modifications or use of the Content for any commercial purpose is a violation of copyright, trademark, and other proprietary (including intellectual property) rights (collectively the "Rights"). These Rights are valid and protected in all media now existed or later developed, and that except as specifically provided in these terms, your use of the Content shall be governed and constrained by applicable copyright law, trademark and other intellectual property laws.

MALAIKA-PADMA.COM and all page headers, custom graphics, product designs, logos and button icons are service marks, trademarks (collectively the "Marks") of MALAIKA-PADMA and IOMYOGA.COM. You agree not to display, use or reproduce any of the Marks in any manner without prior written consent from MALAIKA-PADMA. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Third-Party Links

In an attempt to provide you with an increased value, MALAIKA-PADMA .COM may link to websites operated by third parties or provide links to such websites. However, even if the third party is affiliated with MALAIKA-PADMA.COM, MALAIKA PADMA has no control over these linked websites, all of which have separate terms and conditions and privacy and data collection practices, independent of MALAIKA PADMA. These linked websites are only for your convenience and therefore you access them at your own risk. MALAIKA-PADMA seeks to protect the integrity of the website and the links placed upon it and therefore requests any feedback about the website and for websites it links to as well. Please review the privacy policy of any third-party website that you have linked to from the website before you use such third-party website.

Warranty Disclaimer

THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MALAIKA-PADMA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MALAIKA-PADMA DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MALAIKA-PADMA DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

MALAIKA-PADMA DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY USERS OR OTHER THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST MALAIKA-PADMA FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MALAIKA-PADMA, ITS PARTNERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS, DEMANDS OR CAUSES OF ACTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, WHETHER DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE, AS A RESULT OF YOUR USE OF THE SITE OR THE CONTENT, PRODUCTS OR SERVICES PROVIDED THEREON. IF THE FOREGOING LIMITATION IS UNENFORCEABLE, YOU AGREE THAT MALAIKA-PADMA ‘s  LIABILITY TO YOU, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL NOT EXCEED $1,000.

Prohibited Use

Any use of this Website for an illegal or objectionable purpose is strictly prohibited. User agree that it will not use this Website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (1) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (2) activities involving the transmission of junk mail or spamming; (3) activities involving the promotion or use of viruses; (4) activities that violate any law, regulation or statute; and or (5)activities that infringe upon many legally protected property right, etc. By using this Website, user agrees that any and all information transmitted to or with the use of this Website can not and shall not be deemed confidential or proprietary. MALAIKA-PADMA reserves the right to monitor transmissions and investigate any alleged prohibited use of this Website and to disclose any and all information relating to such prohibited use. MALAIKA-PADMA, its officers, directors, affiliates, employees, agents, partners, subsidiaries and or contractors shall not assume, and expressly disclaims, any and all liability relating to an individuals illegal or prohibited use of this Website. Any violation of this or any other section contained herein may result in termination of service and or any other action MALAIKA-PADMA determines appropriate under the circumstances.

Force Majeure

Notwithstanding any other provision set forth in these Terms of Use, MALAIKA-PADMA shall not be liable for any failure or delay in its performance due to any cause beyond MALAIKA-PADMA reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosions, Vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that MALAIKA-PADMA shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in-light of then existing circumstances.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS MALAIKA-PADMA AND ITS DIRECTORS, PARTNERS,OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, AND PROCEEDINGS AND ANY AND ALL COSTS, FEES (INCLUDING ATTORNEY'S FEES), EXPENSES, SETTLEMENTS, AND JUDEMENTS THAT RESULT FROM YOUR BREACH OF THESE TERMS OR YOUR ACCESS AND USE OF THE SITE.

Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between MALAIKA-PADMA.COM and you and any proceedings in connection with these Terms of Use and/or your use of the website, exclusively shall be made in, the English language. MALAIKA-PADMA and you waive any rights they may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MALAIKA-PADMA as a result of these Terms of Use, our Privacy Policy or any use of the Website. MALAIKA-PADMA’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of MALAIKA-PADMA’s right to comply with law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by MALAIKA-PADMA with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and MALAIKA-PADMA with respect to the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MALAIKA-PADMA with respect to the Website.

Term and Termination

These terms and conditions are applicable to you upon your accessing the website. MALAIKA-PADMA reserves the right in its sole discretion to terminate or restrict your use of the website, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by MALAIKA-PADMA without notice at any time, for any reason. The provisions relating to Copyright, Trademarks, Disclaimer, Limitation of Liability and Indemnification, shall survive any termination.

Last Modified

Changes to these Terms of Use have been last made on March 14th, 2011.