Terms of Service - Ganesha Online

1. Definitions

In these Terms of Service (the Terms):

Ganesha Online, we, us or our means the operator of the website available at ganeshaonline.co.uk and ganeshaonline.co.uk subdomains (together, the Site).
User, you or your means any person who accesses, browses or uses the Site, whether or not they create an account or make a purchase.
Content means any text, images, audio, video, graphics, software, code, design, trademarks, logos, databases, data and other materials appearing on or made available through the Site.
User Content means any content that a User uploads, posts, submits, transmits or otherwise makes available via the Site.
Services means the functionalities, features and services offered on or through the Site.

2. Acceptance of These Terms

By accessing or using the Site or Services, you confirm that you have read, understood and agree to be legally bound by these Terms. If you do not agree, you must not use the Site. If you use the Site on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms, and “you” will refer to that entity.

We may update these Terms from time to time. Changes take effect when posted on the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.

3. Eligibility and Account

Eligibility: The Site is intended for persons aged 18 or over. If you are under 18, you may use the Site only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. The Site is not directed to children under 13, and you must not provide personal data if you are under 13.
Account Security: If you create an account, you must provide accurate information, keep your credentials confidential, and promptly update any changes. You are responsible for all activities under your account. Notify us promptly of any suspected unauthorised use or security breach.

4. Permitted Use and Acceptable Use Rules

You may use the Site and Services for lawful purposes only and in accordance with these Terms. You agree not to:

Use the Site in any way that breaches applicable local, national or international law or regulation, or in a manner that is unlawful, fraudulent, misleading or harmful.
Upload, post or transmit any User Content that is defamatory, obscene, offensive, hateful, discriminatory, infringing, violates privacy, or otherwise objectionable.
Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
Interfere with, damage or disrupt any part of the Site or any equipment, software or network used by the Site, including by introducing viruses, trojans, worms, logic bombs or other malicious or technologically harmful material.
Attempt to gain unauthorised access to the Site, user accounts, data, systems or networks, including by scraping, crawling, data-mining, harvesting or other automated means without our prior written consent.
Reverse engineer, decompile, disassemble or otherwise attempt to derive source code from the Site except to the extent permitted by law.
Use the Site for any commercial purpose not expressly permitted by us, including to advertise or solicit any goods or services.

5. User Content

Responsibility: You are solely responsible for your User Content and for ensuring it complies with these Terms and applicable law.
Licence to Us: By submitting User Content, you grant Ganesha Online a worldwide, non-exclusive, royalty-free, transferable, sub-licensable licence to host, store, use, reproduce, adapt, modify, translate, publish, publicly display, publicly perform and distribute such User Content in connection with operating, improving and promoting the Site and Services.
Rights and Removal: You represent and warrant that you own or have the necessary rights to submit the User Content and to grant the above licence. We may, in our sole discretion, remove or disable access to any User Content that we believe violates these Terms or is otherwise objectionable.

6. Intellectual Property

Ownership: The Site and all Content are owned by Ganesha Online or its licensors and are protected by copyright, database rights, design rights, trade mark and other intellectual property laws.
Limited Licence: We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the Site and Content for your personal, non-commercial use only, subject to these Terms.
Restrictions: Except as expressly permitted by law, you must not copy, reproduce, modify, adapt, create derivative works from, distribute, sell, rent, lease, lend, communicate to the public, display, perform, transmit or otherwise exploit any part of the Site or Content without our prior written consent or the consent of the relevant rights holder.
Trade Marks: All trade marks, logos and service marks displayed on the Site are the property of Ganesha Online or third parties. You are not granted any right or licence to use any trade mark without the prior written permission of its owner.

7. Availability and Changes to the Site

We aim to keep the Site available and accurate, but we do not guarantee that the Site or any Content will always be available, uninterrupted, error-free, complete, current or secure. We may suspend, withdraw, discontinue, change or update all or any part of the Site or Services without notice where reasonably necessary for business or legal reasons, including maintenance, improvement or security.

8. Third-Party Links and Services

The Site may include links to third-party websites, content or services. We do not control and are not responsible for such third-party resources. Your use of third-party sites and services is at your own risk and may be subject to separate terms and privacy policies.

9. Purchases and Additional Terms

If the Site enables you to purchase goods or services, additional terms (such as terms of sale, delivery, returns and warranties) may apply to those transactions. In the event of a conflict between these Terms and any additional terms applicable to a specific transaction, the additional terms will prevail to the extent of the conflict for that transaction.

10. Personal Data and Privacy

Controller: For the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018, Ganesha Online acts as the controller of personal data processed via the Site.
What We Collect: We may process personal data you provide to us (for example, account registration information, contact details, order information, communications) and technical data collected automatically (for example, IP address, device and browser data, usage information and cookies or similar technologies).
Purposes and Legal Bases: We process personal data to operate and provide the Site and Services, fulfil orders and customer requests, communicate with you, personalise content, ensure security and prevent fraud, comply with legal obligations, and improve our offerings. Our legal bases typically include performance of a contract, compliance with legal obligations, our legitimate interests in running and securing the Site and improving Services, and your consent where required (for example, for certain marketing or non-essential cookies).
Sharing: We may share personal data with service providers who act on our instructions (for example, hosting, payment processing, delivery, analytics, support), professional advisers, authorities where required by law, and other parties in connection with a business transfer, merger or reorganisation. We require recipients to protect personal data appropriately and only process it as permitted by law.
International Transfers: If we transfer personal data outside the UK, we will ensure appropriate safeguards are in place, such as adequacy regulations or standard contractual clauses, as required by law.
Retention: We keep personal data only for as long as necessary for the purposes collected and to comply with legal, accounting or reporting obligations.
Your Rights: You have rights, in accordance with law, to request access to your personal data, rectification, erasure, restriction of processing, data portability and to object to certain processing, including direct marketing. Where processing is based on consent, you may withdraw your consent at any time without affecting the lawfulness of processing before withdrawal.
Cookies: The Site may use cookies and similar technologies for functionality, performance, analytics and, where applicable, marketing. Where required, we will obtain your consent before placing non-essential cookies.
Contact and Complaints: To exercise your rights or ask questions about privacy, please contact us using the contact options provided on the Site. You also have the right to lodge a complaint with the UK Information Commissioner’s Office.

11. Disclaimers

The Site and Content are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, representations and conditions, whether express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement and availability.
We do not warrant that the Site will be secure or free from bugs, viruses or other harmful components, or that the Content is accurate, complete or current. You are responsible for implementing appropriate anti-virus protection and backup procedures.

12. Limitation of Liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
Subject to the above, we will not be liable for: (a) loss of profits, sales, business or revenue; (b) business interruption; (c) loss of anticipated savings; (d) loss of business opportunity, goodwill or reputation; (e) loss or corruption of data; or (f) any indirect or consequential loss or damage.
Subject to the above, and to the extent permitted by law, our total aggregate liability to you arising out of or in connection with the Site, Services or these Terms (whether in contract, tort, including negligence, breach of statutory duty or otherwise) will be limited to the greater of £100 or the total amount you paid to us (if any) for the relevant Services during the twelve months immediately preceding the event giving rise to the liability. This limitation does not affect your statutory rights as a consumer.

13. Indemnity

You agree to indemnify and hold Ganesha Online and its officers, employees and agents harmless from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms, your misuse of the Site or Services, or your infringement of any law or third-party rights.

14. Suspension and Termination

We may suspend or terminate your access to the Site or Services immediately, without prior notice, if you materially breach these Terms, if we are required to do so by law, or if we reasonably believe your conduct may harm users, us or third parties. On termination, your right to use the Site will cease immediately. Sections that by their nature should survive termination will survive (including intellectual property, disclaimers, limitations of liability, governing law and jurisdiction).

15. Modifications to These Terms

We may revise these Terms at any time to reflect changes in law, best practice, our business operations or the Services. Where appropriate, we may notify you by a notice on the Site. Your continued use of the Site after revised Terms are posted constitutes your acceptance of them.

16. Communications and Notices

We may provide notices to you by posting them on the Site or by contacting you through the contact details associated with your account, if applicable. You may contact us using the contact options provided on the Site. Notices will be deemed received when posted on the Site, or when sent to you, as applicable.

17. Severability

If any provision of these Terms is found to be invalid, illegal or unenforceable, the remaining provisions will remain in full force and effect. Where possible, the invalid, illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable.

18. Waiver

Failure or delay by us to exercise any right or remedy under these Terms shall not constitute a waiver of that or any other right or remedy, and no single or partial exercise shall prevent any further exercise of that or any other right or remedy.

19. Assignment

You may not assign, transfer or sub-license any of your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to another organisation as part of a business reorganisation, merger, acquisition or asset transfer.

20. Entire Agreement

These Terms constitute the entire agreement between you and Ganesha Online regarding your use of the Site and Services and supersede all prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the same. If you access or use specific features or make purchases, additional terms may apply as stated in section 9.

21. Applicable Law and Jurisdiction

These Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by the law of England and Wales. You and we agree that the courts of England and Wales shall have exclusive jurisdiction, except that if you are a consumer resident in Scotland or Northern Ireland you may bring proceedings in your local courts. Mandatory consumer protection laws of your country of residence may also apply.