Welcome to Spice Mobile. These Terms of Use (“Terms”) govern your access to and use of the Spice Mobile website, including all associated pages, features, and services provided through the website (collectively, the “Site”).
The Site is owned and operated by Spice Mobile, a brand operated under SURESH ENTERPRISE INC, a registered business entity in the United States.
By accessing or using the Site, you agree to be bound by these Terms, our Privacy Policy, and our Return and Refund Policy. If you do not agree to these Terms, please do not use the Site.
1. Eligibility
You must be at least 18 years old to use the Site or make purchases.
If you are under 18, you may only use the Site with the permission and supervision of a parent or legal guardian.
We do not knowingly collect personal information from children under the applicable age of consent, as outlined in our Privacy Policy.
2. Site Use and Restrictions
We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Site for personal, non-commercial purposes, subject to these Terms.
You agree not to:
- Use the Site for any unlawful purpose or in violation of these Terms.
- Use automated tools, including spiders, robots, scrapers, crawlers, or similar technologies, to access, copy, monitor, or collect information from the Site or its Content without our prior written permission.
- Attempt to gain unauthorized access to the Site, its servers, databases, accounts, or systems connected to the Site.
- Interfere with the Site’s functionality, including by imposing an unreasonable load on its infrastructure.
- Introduce viruses, malware, malicious code, or other harmful technologies.
- Impersonate any person or entity or manipulate identifiers to disguise the origin of any content you transmit.
- Engage in any activity that disrupts, damages, or interferes with the Site or another user’s experience.
- Use information obtained from the Site to compete with Spice Mobile or for unauthorized commercial purposes.
We reserve the right to suspend or terminate your access to the Site at our discretion, without notice, for violations of these Terms or for other reasons, including legal compliance, security concerns, or technical issues.
3. Accounts and Security
Some features of the Site, such as placing orders, viewing order history, or tracking returns, may require you to create an account.
You are responsible for:
- Maintaining the confidentiality of your account credentials, including your username and password.
- Ensuring that the information associated with your account is accurate and current.
- All activities that occur under your account.
- Notifying us promptly of any unauthorized use of your account or suspected security breach.
You may not use another person’s account without their permission.
We are not liable for any loss or damage resulting from your failure to maintain the security of your account credentials.
4. Purchases and Transactions
All purchases made through the Site are subject to our Return and Refund Policy, Shipping Policy, and the following terms.
Product Availability
Product availability and prices are subject to change without notice.
We may limit quantities, discontinue products, or cancel orders due to stock limitations, inventory errors, pricing errors, or other circumstances.
Pricing
We strive to provide accurate product descriptions and pricing. However, errors may occasionally occur.
If a product is listed at an incorrect price due to an error, we reserve the right to cancel the affected order and notify you of the cancellation.
If payment has already been processed, the applicable amount will be refunded according to our refund procedures.
Shipping
Shipping terms, costs, estimated delivery times, and applicable conditions are outlined in our Shipping Policy and may also be displayed during checkout.
Delivery times are estimates and may be affected by circumstances outside our reasonable control.
Payment
You agree to provide accurate and complete payment and billing information.
By placing an order, you authorize us and/or our payment processing providers to charge your selected payment method for the applicable purchase price, taxes, shipping charges, and other applicable fees.
Warranties
Products may be covered by manufacturer warranties where applicable.
We may assist customers with warranty claims, but we are not responsible for manufacturer defects, recalls, warranty limitations, or changes made by manufacturers.
Please contact us if you require assistance with a manufacturer warranty.
Additional terms may apply to specific promotions, discounts, contests, or services. Such terms will be disclosed when applicable.
5. Intellectual Property
All content on the Site, including text, graphics, logos, images, photographs, product descriptions, designs, videos, software, layout, and other materials (collectively, “Content”), is owned by or licensed to Spice Mobile and is protected by applicable copyright, trademark, and other intellectual property laws.
You may not copy, reproduce, distribute, modify, publish, transmit, display, create derivative works from, or commercially exploit our Content without our prior written consent, except as expressly permitted by these Terms or applicable law.
You may download product information or other materials made available for download for personal, non-commercial use, provided that you retain all copyright and proprietary notices.
You may not:
- Republish our Content on another website.
- Sell or commercially exploit our Content.
- Modify or create derivative works from our Content.
- Reproduce or distribute our Content without authorization.
- Use our trademarks or branding without prior written permission.
The Spice Mobile name, logo, branding, and related marks are trademarks or trade names associated with Spice Mobile and/or its applicable owners. Unauthorized use is prohibited.
6. User Content
If you submit reviews, comments, feedback, photographs, or other content to the Site (“User Content”), you grant Spice Mobile a non-exclusive, royalty-free, worldwide, perpetual, transferable, and sublicensable license to use, reproduce, modify, display, publish, distribute, and otherwise use that User Content in connection with our Site and business.
You represent and warrant that:
- You own or otherwise have the legal right to submit the User Content.
- Your User Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party.
- Your User Content does not violate applicable laws.
- Your User Content does not contain malicious code or harmful material.
- Your User Content is not fraudulent, misleading, defamatory, threatening, or otherwise unlawful.
We reserve the right, but are not obligated, to review, moderate, restrict, or remove User Content at our discretion.
7. Third-Party Links and Services
The Site may contain links to third-party websites, applications, services, payment processors, shipping providers, social media platforms, or other third-party resources.
These third parties are not controlled by Spice Mobile.
We are not responsible for the content, privacy policies, security practices, availability, accuracy, or practices of third-party websites or services.
Your interactions with third-party websites and services are subject to their own terms and policies and are undertaken at your own risk.
8. Disclaimers
The Site and its Content are provided “as is” and “as available”, to the fullest extent permitted by law.
Except where expressly provided or required by applicable law, we make no warranties, express or implied, including warranties of:
- Accuracy.
- Merchantability.
- Fitness for a particular purpose.
- Non-infringement.
- Availability.
- Reliability.
- Security.
We do not guarantee that:
- The Site will always be available, uninterrupted, or error-free.
- Any defects or errors will be corrected.
- The Site will be completely secure.
- Files or data downloaded from the Site will be free from viruses or other harmful components.
- Product information will always be complete, current, or error-free.
Your use of the Site is at your own risk.
To the extent permitted by law, we are not responsible for third-party actions, omissions, products, services, websites, or content accessed through or in connection with the Site.
9. Limitation of Liability
To the fullest extent permitted by applicable law, Spice Mobile, SURESH ENTERPRISE INC, and their respective affiliates, officers, directors, employees, agents, contractors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, loss of data, loss of business opportunities, or business interruption, arising from or related to:
- Your use of or inability to use the Site.
- Your use of any Content.
- Products purchased through the Site.
- Delays or interruptions in Site availability.
- Third-party services or websites.
- Any unauthorized access to information.
If we are found liable for any claim, our total liability will not exceed the greater of (a) the amount you paid for applicable subscription or service fees during the six months preceding the claim, or (b) $100.00, excluding the purchase price of products, unless otherwise required by applicable law.
Some jurisdictions do not permit certain limitations of liability, so some of these limitations may not apply to you.
10. Indemnification
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Spice Mobile, SURESH ENTERPRISE INC, and their respective affiliates, officers, directors, employees, agents, contractors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or related to:
- Your use of the Site.
- Your violation of these Terms.
- Your violation of applicable law.
- Your violation of the rights of any third party.
- Your User Content.
- Any fraudulent or unauthorized activity conducted through your account.
11. Governing Law and Dispute Resolution
These Terms and your use of the Site are governed by the laws of the State of Florida, USA, without regard to its conflict-of-laws principles.
If a dispute arises between you and us, the parties will first attempt to resolve the dispute in good faith.
The parties will attempt to resolve disputes within 30 days where reasonably possible.
If the dispute cannot be resolved through good-faith discussions, the parties may pursue non-binding mediation in Miami-Dade County, Florida.
If mediation does not resolve the dispute, claims may be brought in the state or federal courts located in Miami-Dade County, Florida, and you consent to the jurisdiction and venue of those courts, subject to applicable law.
To the extent permitted by law, any claim must be brought within one year after the cause of action arises.
Nothing in this section limits any rights that cannot legally be waived under applicable law.
12. Force Majeure
We are not liable for delays, interruptions, or failures to perform our obligations resulting from circumstances beyond our reasonable control.
Such circumstances may include, without limitation:
- Natural disasters.
- Severe weather.
- Pandemics or public health emergencies.
- Government actions.
- Labor disputes.
- Strikes.
- Transportation disruptions.
- Supply chain disruptions.
- Internet or telecommunications failures.
- Cybersecurity incidents.
- Carrier delays.
- Other events beyond our reasonable control.
13. International Users
The Site is operated from the United States and is primarily intended for users in the United States.
If you access or use the Site from outside the United States, you are responsible for complying with all applicable local laws and regulations.
Certain products, services, shipping options, or promotions may not be available in all countries or regions.
Any offer for a product or service that is prohibited or unavailable in a particular jurisdiction is void where prohibited.
14. Accessibility
We strive to make the Site accessible to all users, including individuals with disabilities, and seek to improve the accessibility and usability of our website.
If you encounter an accessibility issue or have difficulty accessing any portion of the Site, please contact us using the contact information provided below.
We will make reasonable efforts to address accessibility concerns.
15. Changes to These Terms
We may update or modify these Terms from time to time.
Any revised Terms will be posted on the Site with an updated effective date where appropriate.
Changes become effective when posted unless otherwise stated.
Your continued use of the Site after revised Terms are posted constitutes your acceptance of the updated Terms, to the extent permitted by applicable law.
For significant changes, we may provide additional notice through the Site or other appropriate communication methods.
16. Entire Agreement
These Terms, together with our Privacy Policy, Return and Refund Policy, Shipping Policy, and any additional terms presented or agreed to during checkout or in connection with specific products, promotions, or services, constitute the entire agreement between you and Spice Mobile regarding your use of the Site.
If any provision of these Terms is found to be invalid or unenforceable, that provision will be modified or limited to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
17. Contact Us
For questions, concerns, or requests regarding these Terms, please contact us:
Business Name: SURESH ENTERPRISE INC
Brand: Spice Mobile
Email: info@spicemobileusa.com
Address: 2351 NW 74TH Avenue, Miami, Florida – 33122, United States
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