Terms & Conditions
1.) The Agreement will continue to apply until terminated by either You or The Sunny Day as set forth below. If You want to terminate Your agreement with The Sunny Day , You may do so by (i) Not accessing the Website; or (ii) Closing Your Account for all of the Services that You use, where The Sunny Day has made this option available to You.
1.1) You agree that The Sunny Day may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if The Sunny Day determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to The Sunny Day , for which monetary damages may be inadequate, and You consent to The Sunny Day obtaining any injunctive or equitable relief that The Sunny Day deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Sunny Day may have at law or in equity.
1.2) In addition to Clause 1.2 above, The Sunny Day may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:
The Sunny Day is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
The provision of the Services to You by The Sunny Day is, in The Sunny Day opinion, no longer commercially viable;
The Sunny Day has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof); or
In the event The Sunny Day faces any unexpected technical issues or problems that prevent the Website and / or Services from working.
1.3) The Sunny Day may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.
1.4) You agree that all terminations shall be made in The Sunny Day sole discretion and that The Sunny Day shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and Services.
1.5) Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until The Sunny Day chooses to terminate them. The Sunny Day may inform the sellers who have accepted Your purchase orders on the Website, that this Agreement is terminated, and upon such information sellers may cancel the purchase order. The Sunny Day may also cancel all Your non-fulfilled orders on the Website without any obligation or liability towards You.
2. Governing Law and Jurisdiction
2.1) These Terms of Use and all transactions entered into on or through the Website and the relationship between You and The Sunny Day shall be governed in accordance with the laws of India without reference to conflict of laws principles.
2.2) You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and The Sunny Day shall be subject to the exclusive jurisdiction of the courts at India and You hereby accede to and accept the jurisdiction of such courts.