Terms Of Use
Welcome to the website of Sprinkles & Splash™ Private Limited. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
Sprinkles & Splash™ Private Limited, an India-based private limited company (“Reema Gupta”, “us” or “we”) owns and operates this website and any other web services offered by Sprinkles & Splash™ now or in the future, including, but not limited to its related social media platforms. By accessing, using, downloading, viewing this website, https://www.sprinklesandsplash.com, or any of its services, resources, podcasts, Content (defined below), and/or purchase of our Sprinkles & Splash™ courses or programs (collectively, the “Site”), you hereby consent and agree to these terms and conditions (“Terms of Use”). The Terms of Use and Privacy Policy (please see https://www.sprinklesandsplash.com/privacy-policy) (collectively, the “Terms”) govern your use of the Site, use and access to the sprinkles & Splash™ courses (defined below), and other free materials and resources provided by the Site, and any other services we make available on this Site (collectively, the “Services”). These TERMS constitute a legally binding agreement made by and between Sprinkles & Splash™/Reema Gupta and the user of this Site (personally and, if applicable, on behalf of the entity for whom you are using the Site; collectively, “you”).
BY ACCESSING OR USING ANY PART OF THE SITE OR SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS, WHICH CONTAIN A TERMS OF SALE AGREEMENT, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.
If you do not agree to these terms and follow all applicable laws, then please cease access or use of the Site and Services immediately.
If you have any questions about these Terms, please contact us by email at [email protected] or call us at +91 85190 81525.
If you access any Sprinkles & Splash™ Site on a social media network (such as without limitation, Facebook, Instagram, LinkedIn, YouTube, or Pinterest), you also consent to and agree to abide by the terms and conditions of that social media network.
- CONTENT ON OUR SITE-
Intellectual Property Rights: You agree that the Site itself, as well as all content, photographs, sound or videos, media, images, formulas, graphics, webinars, training materials, products, podcasts, services and/or other information and materials, and selection and arrangements thereof, is copyrighted work under India and other copyright laws, and is the property of or licensed by Reema Gupta, made available on the Site or any information, materials, and content transferred via a downloadable file or link by us or other third parties (collectively the “Content”). All trademarks, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of and are proprietary to Reema Gupta or other respective owners that have granted Reema Gupta the right to use such Marks. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access, view, and use the Site solely for your purposes and non-commercial use, and as we otherwise intend. Reema Gupta reserves the right to monitor the Services and Content to determine that your usage complies with these Terms.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part, other than as necessary for your personal non-commercial use, without our written consent. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Reema Gupta, as well as other authors who created the materials and may be subject to monetary damages and penalties.
Third-Party Content: Our Site contains Content that we create as well as Content provided by third parties. We do not monitor, we do not endorse, and we are not liable for any third-party content. There may be some inadvertent accuracies or errors in the content and we do not guarantee the accuracy, integrity, completeness, or quality of the content on our Site or located at third-party URLs that may be posted on our Site. Sprinkles & Splash™ is not responsible for the content on any linked site or any link contained in a linked site. We do not endorse or accept responsibility for the content of such third-party sites.
Third-Party Services: Third parties may offer their services directly to you through the Site. In such case, you may be required to agree to the third party’s terms of service and/or privacy policy to use the service. Sprinkles & Splash™ will not be liable in any way for the acts or omissions of such third party, the terms of service or privacy policy or its failure to adhere to its terms of services or privacy policy, or any loss, damages, liability, or expenses (including attorneys’ fees) that you may incur arising from or related to such third party’s services or products.
- YOUR CONDUCT ON OUR SITE-
Eligibility: To use the Site, you must be, and represent and warrant that you are, of legal age (18 years of age or older) and competent. By using the Site on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Site constitutes that third party’s acceptance of these Terms. In addition, if you have been previously prohibited from accessing the Site or the website of any of our affiliates, you are not permitted to access the Site.
Account Information: If you create an account, any information that you choose to provide us must be true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of your password and account. You are entirely responsible for any activities that occur under your account. Your account is non-transferable. You cannot sell, combine, or otherwise share it with any other person. Any violation of these Terms, including, without limitation, failure to maintain updated and correct information about your account or cause your account to fall out of good standing and we may cancel your account in our sole discretion. When you register with the Sprinkles & Splash™ Private Limited and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Sprinkles & Splash™.
Feedback: If you send comments or suggestions about the Site to Sprinkles & Splash™ Private Limited, including, but not limited to, notes, text, drawings, images, or, designs such submissions shall become, and shall remain, the sole property of the Sprinkles & Splash™ Private Limited. No submission shall be subject to any obligation of confidence on the part of Sprinkles & Splash™ Private Limited. Sprinkles & Splash™ Private Limited shall exclusively own all rights to (including intellectual property rights thereto) and shall be entitled to unrestricted use, publication, and dissemination of all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Prohibited Conduct: You agree not to copy or imitate the appearance, design or style of our Site or any Content. The technology and software underlying our Site and the Services are the property of Reema Gupta, our affiliates, and/or our business partners. You agree that you will not use our Site or its Content to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Reema Gupta or any other person or entity;
- Use the Service or Site commercially;
- Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Services or Site (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
- Interfere with or damage the Services, Site, or underlying any technology;
- Impersonate or misrepresent your identity or affiliation;
- Attempt to obtain unauthorized access to the Services or Site;
- Violate, misappropriate, or infringe a third party’s intellectual property or other right, or any social media platform terms;
- Violate any law, rule, or regulation;
- Transmit executable programming or corrupted files of any kind, including viruses, spyware, Trojan horses, Easter eggs, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, software or hardware, third party websites or telecommunications equipment;
- Falsify or delete any author attributions, legal or other proper notices proprietary designations, or labels of the origin or the source of software posted or contributed content or other material; or
- Engage in any illegal activities.
Use of our Site is subject to existing laws and legal processes. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of our Site.
- Privacy Policy-
All of the information that we collect from you, such as your e-mail address and related personal information and credit card information, is subject to our privacy policy. Sprinkles & Splash™ Private Limited privacy policy (which describes how we collect, use, and disclose your data and your consent to such collection, use, and disclosure) is incorporated into and is a part of these Terms. Please see our full privacy policy here.
The Copyright Act, 1957, Infringement Takedown Policy:
Reema Gupta respects the rights of others and we expect users of our Site and Services to do the same. These Terms prohibit the infringement of the copyrights of others, and it is also our policy that we may remove, suspend, terminate access, or take other appropriate action against repeat offenders. We may also remove content that in our sole discretion appears to infringe the intellectual property rights of others.
How to File an Infringement Notification. If you have evidence, know, or have a good faith belief that content residing on or accessible through our Site infringes a copyright that you own or for which you are a designated agent, please send a notice of infringement by email to Sprinkles & Splash™ Private Limited:
Reema Gupta
Email Address: [email protected].
Send such notice with the information that sets forth the items specified below:
- Identify the copyrighted work claimed to have been infringed. If multiple copyrighted works are covered by a single notification, provide a representative list of such works.
- Identify the material that is claimed to be infringing or to be the subject of infringing activity. Include information reasonably sufficient to permit Reema Gupta to locate the material. Please provide a URL and screenshots for each item.
- Include the specific asset(s) or page(s) that you claim to be infringing. Say “entire work” ONLY if all assets/pages in a collection/document are infringing.
- Include details of your claim to the material, or your relationship to the material’s copyright holder.
- Provide your full name, address, and telephone number should we need to clarify your claim.
- Provide a working email address where we can contact you to confirm your claim.
- If true, include the following statement: “I have a good faith belief that use of the copyrighted materials described above as the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law.”
- If true, include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the copyright owner to make this complaint.”
- Sign the document, physically or electronically.
- Terms of Sale
- TERMS OF SALE FOR E-COURSES
Through Sprinkles & Splash™, we are pleased to offer you our e-courses (the “Sprinkles & Splash™”). Please review the Terms of Sale carefully and make sure you understand them before enrolling because they contain important and relevant information regarding the purchase of the Sprinkles & Splash™ courses, pricing, payment processing, delivery, money-back guarantee, and cancellation terms.
The following terms apply to your purchase of our e-course and materials, including, but not limited to, videos, templates, and other tools. We are equipping you with guidance/tips in connection with the relevant topics for each course based on our experience and knowledge. THIS INFORMATION IS SOLELY BASED ON OUR EXPERIENCE, USER DESCRETION ADVISABLE.
Availability and Pricing. Sprinkles & Splash™ Private Limited reserves the right to change the price of any Sprinkles & Splash™ Private Limited course/artwork/products at any time. We reserve the right to refuse Services for any reason.
Payment: We use services provided by Razorpay to process payments for this Site. By accessing and using the Site for payments, you consent to Razorpay’s then-current terms of service. You authorize us (and any payment processor) to charge your payment card for all purchases you make with your selected payment option. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you provide completely personal, account, transaction, and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment before your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested. Sprinkles & Splash™ SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE PERFORMANCE OR SERVICE PROBLEMS CAUSED BY Razorpay.
Taxes: Stated prices do not include any GST, customs duties, Service tax VAT, or other taxes. You are solely responsible for the payment of any applicable taxes related to your purchases. We have the right to charge you for any taxes that we believe we must pay or collect related to your purchase.
Return: Offline events, once booked for, cannot be cancelled. In case of emergencies, the slot can be transferred or the participant can book for a future date or attend via online session.
Online events, once booked for, cannot be cancelled. In case of emergencies, the slot can be transferred or the participant can book for a future date.
Pre-recorded courses, once purchased are available to the recipient and hence cannot be returned or refunded once booked for.
- TERMS OF SALE FOR PRODUCTS
The following terms apply to your purchase of the products offered on the Site (“Products”). This includes, but is not limited to: artworks, products, and courses sold in the shop.
Product Descriptions. We try to make the Site thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Site may be incorrect, incomplete, inaccurate, or appear inaccurate because of the browser, hardware, or other technology that you use. We apologize in advance for any such errors that may result in an incorrect price, inaccurate description, item unavailability, or otherwise affect your order. We reserve the right to correct errors (whether by changing the information on the Site or by informing you of the error and allowing you to cancel your order) or to update Product information at any time without notice.
Availability and Pricing: Sprinkles & Splash™ Private Limited reserves the right to change the prices and available Products at any time. Quantities of some Products may be limited and stock cannot always be guaranteed. Products offered for sale on this Site are for sale only in India and all prices are quoted in U.S. dollars. We may occasionally make errors in the stated prices on this Site. If a product’s correct price is higher than the listed price, we will, at our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.
Purchasing Products: The display of Products on the Site invites you to make us an offer to buy the Products. Your order is an offer to buy the Products, which we accept only by shipping the Products ordered. Any confirmation that you receive after placing an order does not constitute an acceptance of your offer and is subject to correction before shipment in the event of inaccuracies, errors, Product unavailability, or for any other reason.
Orders: We have the right to refuse or limit any orders and limit quantities. We will not be liable if a Product is unavailable or if the shipment is delayed. All orders are non-cancelable; we may grant or deny cancellation requests at our sole and absolute discretion. We reserve the right to provide substantially similar products to fulfill your order.
Returns. We do not allow returns, however you can claim for substitutions of products in case of damage when reported within 3 days of receipt of the product. In case of Fragile items, an Unboxing video is a must to prove damage claims. Replacements are acceptable in case of major damages in the products and replacements for a product of similar value can be booked for within 30 days once duly informed of the damage upon receipt.
For Artworks: Original paintings or prints once sold, cannot be returned. Replacements are acceptable in case of major damages in the products and replacements for a product of similar value can be booked for within 30 days once duly informed of the damage upon receipt. All artworks come with minor human errors, however we take utmost care to display the best possible images, Upon purchasing handmade artworks, minor errors cannot be eliminated and do not account for return or replacement.
Damaged or Incomplete Shipment. If you receive a damaged or incomplete shipment of Products, or if you are otherwise unhappy with any Product, please e-mail [email protected]. We must receive notice of a damaged or incomplete shipment within three days of receipt (as shown on by our common carrier’s shipping information). Any refunds or replacements are made solely in our discretion.
Payment. You authorize us (and any payment processor) to charge your payment card for all purchases you make. We accept the forms of payment stated on the Site and, for credit card payments, charge your credit card when your order is processed. The bank issuing your credit card may control when to release funds in the case of an order cancellation or refund. We reserve the right to use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our service again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon: (a) you providing complete personal, account, transaction, and any other information needed, (b) authorization of the payment by your credit or debit card company, and (c) acceptance of your payment. You may cancel your payment before your final submission of it to us. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Services in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Services in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested.
Transfer of Title and Risk of Loss/Damage. Title to and the risk of loss/damage of all Products passes from us to you at the time we deliver the products to the common carrier for shipment. By purchasing products on the Site for shipment, you are asking us to engage a common carrier to deliver your order. In doing so, we are providing a service to and acting on behalf of you. We reserve the right to choose any procedures, packaging, and the common carrier of sold products. We may not be able to have your order shipped to a post office box, to certain addresses, or on certain days. We reserve the right to ship your order in multiple boxes or shipments.
Taxes. Stated prices do not include any GST, customs duties, Service tax VAT, or other taxes. You are solely responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we believe we must pay or collect related to your purchase.
Personal Use Only. Products are for your personal use only. You agree not to sell or resell any products you purchase. Except where prohibited by law, we may limit the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms, as we determine in our sole discretion.
- TERMS OF SALE FOR CUSTOMISED ARTWORKS All sales are final. Customised artworks/paintings or prints are one of a kind pieces made as per the requirements of the client and hence, cannot be returned. All artworks come with minor human errors, however we take utmost care to display the best possible images. Upon purchasing handmade artworks, minor errors cannot be eliminated and do not account for return or replacement.
Should you have any questions, contact us at:
Sprinkles & Splash™ Private Limited
+91 85190 81525
- Disputes
Subject to applicable law, you and Sprinkles & Splash™ Private Limited agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services or Site, any breach, enforcement, or termination of these Terms, or otherwise relating to Reema Gupta in any way will be resolved by the provisions outlined in this Section.
Informal Resolution: If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected], provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account) and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution of any issue.
Judicial Forum for Legal Disputes: Unless you and we agree otherwise if the Informal resolution above is found not to apply to you or a particular claim or dispute, file an eligible lawsuit in an Indian court of law.
- Indemnification-
You hereby agree to indemnify, defend and hold Sprinkles & Splash™ Private Limited and all of our officers, directors, managers, members, employees, agents, information providers, affiliates, partners, and licensors (“Reema Gupta Party,” or collectively, the “Sprinkles & Splash™ Private Limited Parties”) harmless from and against any liability, claims, damages, losses, costs, and expenses, including attorneys’ fees, incurred by any Sprinkles & Splash™ Private Limited arising from, related to, or in connection with (a) a violation of any provision of these Terms by you; or (b) arising from, related to, or connected with your violation of the rights of Reema Gupta or any other person or entity. We may, in our sole and absolute discretion, control the disposition of any such claim at your sole cost and expense. You may not settle any such claim without our express written consent. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive these Terms and your use of the Site.
- Limitation of Liability-
NO CONSEQUENTIAL DAMAGES. IN NO EVENT, AS PERMITTED BY THE FULLEST EXTENT OF APPLICABLE LAW, WILLSPRINKLES & SPLASH™ PRIVATE LIMITED , AND Reema Gupta PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR THE INABILITY TO USE THE SITE, SERVICES, COURSES, PODCASTS, CONTENT OR PRODUCTS, EVEN IF SPRINKLES & SPLASH™ PRIVATE LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT Sprinkles & Splash™ Private Limited MAY NOT EXCLUDE UNDER APPLICABLE LAW.
OUR LIABILITY IS LIMITED. IN ANY EVENT, OUR AGGREGATE LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE COURSES OR PRODUCTS TO WHICH THE CLAIM RELATES. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT Sprinkles & Splash™ Private Limited MAY NOT EXCLUDE UNDER APPLICABLE LAW.
- General Terms
No Waiver; Severability: Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision, and our failure to exercise or enforce any right or remedy in these Terms does not waive that right or remedy. The provisions of these terms are intended to extend to the fullest extent permitted by law. No waiver of any term of these Terms will be binding unless in writing.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of our Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Applicable Law: These Terms will be construed under the laws of India
Suppose any part of these Terms is determined to be invalid or unenforceable under applicable law. In that case, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in effect.
Headings. The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.
Notice. You hereby consent to receiving and transacting with us by electronic means. We may deliver notice to you by e-mail, posting a notice on the Site, or any other method we choose and such notice will be effective on dispatch. If you give notice to us, it will be effective when received and you must use the following email address:
Entire Agreement. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Sprinkles & Splash™ Private Limited govern your use of the Site and Services and supersede any prior agreements between you and Sprinkles & Splash™ Private Limited on the subject matter. You may also be subject to additional terms when you use certain Sprinkles & Splash™ Private Limited third-party software, content, links, or websites. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Sprinkles & Splash™ Private Limited without restriction. These Terms bind and inure to the benefit of each party and the party’s successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Sprinkles & Splash™ Private Limited. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Site and Services. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form.
Notice to Users Outside the India. The Site is controlled and offered by Sprinkles & Splash™ Private Limited from India. Sprinkles & Splash™ Private Limited makes no representations that the Site is appropriate for use in other locations. Those who access or use the Site from other locations do so at their own risk and are responsible for compliance with local law. You consent to the processing in India for the information you provide to us.
Last Updated: October 20, 2024