Terms of service

OVERVIEW

Welcome to Poshaak. The terms “we”, “us”, and “our” refer to Poshaak. Poshaak operates this website and online store, including all related information, content, features, tools, products, and services, to provide you—the customer—with a curated shopping experience (the “Services”).Poshaak is powered by Shopify, which enables us to deliver these Services to you.

These Terms of Service, together with any policies referenced herein (the “Terms”), describe your rights and responsibilities when using our Services.

Please read these Terms carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms and by us Privacy Policy. If you do not agree with these Terms or our Privacy Policy, you should not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that:

• You are at least the age of majority in your state or province of residence; or

• You have obtained the necessary consent to allow your minor dependents to use the

Services on devices you own, purchase, or manage.

To use the Services—including browsing our store or purchasing products—you may be required to provide information such as your email address, billing details, payment information, and shipping address.

You represent and warrant that:

• All information you provide is true, accurate, current, and complete, and

• You have the legal right to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You may not transfer, sell, assign, or license your account to any third party.

SECTION 2 – OUR PRODUCTS

We make every effort to accurately display and describe our products and services on the website.

However, please note:

• Colours and appearance may vary depending on your device, screen settings, or configuration.

• We do not guarantee that product colours, textures, or details will precisely match what you

see on your device.

All product descriptions, pricing, and availability are subject to change at any time without notice.

We reserve the right to:

• Discontinue any product at any time,

• Limit the quantities of products sold,

• Restrict sales to certain individuals, regions, or jurisdictions on a case-by-case basis.

We do not warrant that any product or service will meet your specific expectations.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase.

Poshaak reserves the right to accept or decline your order at our sole discretion. Your order is not

accepted until we confirm it and successfully process your payment.

Please review your order thoroughly before submitting it. Once an order has been accepted, we may

not be able to accommodate cancellation requests.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing

address, or phone number provided at checkout.

Your purchases are subject to our Refund Policy.

You represent and warrant that all purchases are for your personal or household use and not for commercial resale, distribution, or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions are subject to change at any time without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will belisted in your order confirmation email.

Unless expressly stated otherwise, posted prices do not include taxes, shipping fees, handling charges, customs duties, or import costs.

Prices shown in our online store may differ from prices offered in physical stores or by third-party sellers. From time to time, we may offer promotions that affect pricing. These promotions may be governed by separate terms. In the event of a conflict between promotional terms and these Terms, the promotional terms will apply.

You agree to provide complete, current, and accurate purchase, payment, and account information for all transactions made through our store. You agree to promptly update your information— including email address, billing details, and payment methods—so we can process your transactions and contact you when necessary.

You represent and warrant that:

1. The credit card or payment information you provide is true, correct, and complete;

2. You are authorized to use the payment method provided;

3. All charges incurred by you will be honoured by your payment provider; and

4. You will pay all charges incurred at the posted prices, including applicable taxes, shipping, and handling fees.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping delays or delivery issues. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processes, or circumstances outside of our control.Once we hand over your package to the shipping carrier, title and risk of loss transfer to you.

SECTION 6 – INTELLECTUAL PROPERTY

All content and materials provided through the Services—including trademarks, brand names, text, images, graphics, designs, videos, audio, product reviews, and the overall layout and arrangement— are owned by Poshaak, its affiliates, or its licensors. These materials are protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial use only. You may not copy, reproduce, distribute, modify, create derivative works, publicly display, perform, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly stated in these Terms, nothing herein grants you any license or rights under any patent, trademark, copyright, or other intellectual property belonging to Poshaak, Shopify, or any third party.

Unauthorized use of the Services may violate copyright and intellectual property laws. All rights not expressly granted are reserved by Poshaak.

Poshaak’s logos, product names, service names, designs, and slogans are trademarks of Poshaak or its affiliates. You may not use these marks without prior written permission.

Shopify’s trademarks belong to Shopify. Other names, logos, and product or service names appearing on the Services are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools or features operated by third-party providers. We do not monitor, control, or influence these tools in any way.

You acknowledge and agree that such tools are provided “as is” and “as available,” without warranties of any kind and without endorsement. We are not liable for any issues arising from youruse of optional third-party tools.

Your use of such tools is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms and conditions set by the relevant third-party providers.

We may also introduce new features, tools, or resources in the future. These new features will also be considered part of the Services and will be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials or hyperlinks to websites, products, or services provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content, accuracy, availability, or practices of any third-party materials or websites you choose to access. If you choose to leave the Services to access any third-party materials, you do so at your own risk.

We are not liable for any harm, loss, or damages related to your access or use of any third-party websites, or arising from any purchase, use, or reliance on products, services, resources, or content provided by third parties. You are responsible for reviewing the applicable third-party policies, terms, and practices and ensuring you understand them before engaging in any transaction.

Any complaints, claims, concerns, or questions regarding third-party products or services must be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]

Poshaak is powered by Shopify, which enables us to provide the Services to you. However, any sales or purchases you make in our Store are made directly with Poshaak. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction betweenyou and Poshaak, including any injury, damage, or loss arising from purchased products or services.

You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Poshaak.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here. Certain personal information may also be subject to Shopify’s Privacy Policy available here. By using the Services, you acknowledge that you have read and understand these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services in order to operate, support, and improve the Services. Information you submit through the Services may be transmitted to and shared with Shopify and third-party service providers, including those located outside the country where you reside, as necessary to provide the Services.

Please review our Privacy Policy for more details regarding how we, Shopify, and our partners collect, use, store, and share your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, irrevocable, transferable, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise exploit such Feedback in any medium for any purpose, including commercial purposes. We may use these rights to operate, provide, evaluate, enhance, improve, and promote the Services and to perform our obligations under these Terms.

You represent and warrant that:

(i) you own or have all necessary rights to provide the Feedback;

(ii) you have disclosed any compensation or incentives received in connection with providing the Feedback; and

(iii) your Feedback complies with these Terms.

We have no obligation to:

(1) maintain your Feedback in confidence;

(2) pay compensation for any Feedback; or

(3) respond to any Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, harmful, or otherwise objectionable, or that violates any intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, obscene, or defamatory material, nor any virus, malware, or harmful code that could affect the operation of the Services or any related website. You may not use a false email address, impersonate any person, or otherwise mislead us or third parties as to the origin of any feedback.

You are solely responsible for the content and accuracy of any Feedback you provide. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions; to change or update information; or to cancel orders if any information on the Services is inaccurate at anytime, without prior notice (including after you have submitted your order).

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes and in accordance with these Terms.

You agree that you will not use the Services, directly or indirectly:

(a) for any unlawful, fraudulent, or malicious purpose;

(b) to violate any international, federal, provincial, state, or local laws, regulations, rules, or ordinances;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any of our employees, representatives, or any other person;

(e) to submit or transmit false, fraudulent, or misleading information;

(f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;

(g) to transmit or facilitate the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar solicitation;

(h) to impersonate or attempt to impersonate any person or entity, including My Store or any Shopify representative; or

(i) to engage in any conduct that, in our judgment, restricts or inhibits anyone’s use or enjoyment of the Services, or which may harm My Store, Shopify, or users of the Services, or expose them to liability.

In addition, you agree that you will not:

(a) upload, transmit, or distribute viruses, malware, or any other harmful or malicious code that could impact the functionality or operation of the Services or any related website;

(b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services without our express written permission;

(c) collect, track, mine, or harvest the personal information of others without lawful authority andconsent;

(d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, scraping, or similar data-extraction activities; or

(e) interfere with, disable, circumvent, or attempt to circumvent any security features of the Services or any related website, system, or network.

We reserve the right to suspend, disable, or terminate your account or access to the Services at any time, without notice, if we determine that you have violated any portion of these Terms.

SECTION 14 – TERMINATION

We may terminate this Agreement, or suspend or revoke your access to the Services (in whole or in part), at any time and in our sole discretion, without prior notice. You will remain responsible for all amounts due up to and including the date of termination.

The following sections survive termination of this Agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver,

Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature is intended to survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not warrant the accuracy, completeness, reliability, or usefulness of any information on the Services. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other visitor, or by anyone who may be informed of its contents.

EXCEPT AS EXPRESSLY STATED BY MY STORE, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANYREPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THIS INCLUDES, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE OR WARRANT THAT:

(a) the Services will be uninterrupted, timely, secure, or error-free;

(b) the results obtained from the Services will be accurate or reliable; or

(c) any defects in the Services will be corrected.

Some jurisdictions do not allow the exclusion of certain warranties, so the above disclaimers may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MY STORE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, BUSINESS INTERRUPTION, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO:

(a) your use of the Services or any products purchased through the Services;

(b) any inability to use the Services;

(c) any errors, omissions, interruptions, delays, or failures in performance;

(d) any content posted, transmitted, or otherwise made available via the Services; or(e) any other claim arising from or related in any way to your use of the Services or any product, even

if we have been advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless My Store, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, penalties, fines, costs, or claims (including reasonable attorneys’ fees) brought by a third party arising out of or relating to:

(1) your breach of these Terms of Service or any documents incorporated by reference;

(2) your violation of any law or any third party’s rights; or

(3) your access to or use of the Services.

We will provide you with written notice of any claim subject to indemnification; however, our failure to promptly notify you will not relieve your obligations unless such delay materially prejudices your ability to defend the claim.

We may, at our discretion, control the defence and settlement of any indemnifiable claim at your expense, including the choice of legal counsel. We will not agree to any settlement that imposes nonmonetary obligations on you without your consent (which shall not be unreasonably withheld).

You agree to cooperate fully in the defence of all indemnified claims, including providing all relevant documents and information upon request.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the maximum extent permitted by applicable law, andthe unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions will not be affected.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision under these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on the Services, constitute the entire agreement and understanding between you and My Store and govern your use of the Services, superseding all prior or contemporaneous agreements, communications, and proposals, whether oral or written (including prior versions of these Terms of Service).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 – ASSIGNMENT

You may not assign, transfer, or delegate these Terms or any rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this provision is null and void.

We may assign, transfer, or delegate these Terms, in whole or in part, without notice or consent, including in connection with a merger, acquisition, sale of assets, or by operation of law.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide the Services shall be governed by and construed in accordance with the laws of the jurisdiction in which Poshaak is headquartered, without regard to its conflict of law principles.

You and Poshaak agree to submit to the exclusive jurisdiction and venue of the state, territorial, or federal courts located in that jurisdiction for any legal action arising from or relating to these Terms or the Services.

SECTION 22 – HEADINGS

The headings used in these Terms are included for convenience only and do not limit, modify, or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO TERMS OF SERVICE

You may review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates or revisions on the website. It is your responsibility to check the website periodically for changes. We will provide notice of any material changes in accordance with applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes constitutes your acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Business Contact Information:

Trading Name: Poshaak by Radhi Mangukiya

Email: poshaakbyradhi01@gmail.com

Business Address: Plot No. 6314/1, GIDC, Sachin, Surat-394230, Gujarat, India

Business Phone Number: +91 9592496924

Business Registration Number: [INSERT BUSINESS REGISTRATION NUMBER]

VAT Number (if applicable): [INSERT VAT NUMBER]