Terms and Conditions
Effective Date: October 1st, 2016
1. Overview: The Company offers an online platform for buying high quality furniture and other products for children. The Company or third party vendors may sell products to the User through the Site. Upon placing an order, the Company shall ship the products to You and will be entitled for payment for the Services. The Site can be accessed or used only by a person, competent to enter into a contractual relationship, under the Indian Contract Act, 1872. The Site and the Services are only meant for adults that is persons who are 18 years or older. If You are registering as or on behalf of a business entity, You represent that You are duly authorized by the business entity to accept the Terms and You have the authority to bind that business entity to this Agreement. The Company reserves the right to refuse access to use the Site and the Services to new Users or to terminate access granted to existing Users at any time for any reason or without providing any reasons.
2. User Account, Password and Security
2.1. You will be able to access or use the Site and Services only by registering on the Site or by logging through your third party websites user ID and password (“Account”) as permitted by the Company. The term “You” shall, unless the context otherwise requires, include your legal heir, receivers, successors, liquidators and permitted assigns. You are solely responsible for maintaining the confidentiality of your Account, and the Company will not be responsible for misuse of your Account by any third party, whether authorized by You or not. You are responsible for all activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of Your Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from the unauthorized use of Your Account or any other breach of security.
2.2. You agree to provide true, accurate, and complete information to the Company and to update Your information to maintain its truthfulness, accuracy, and completeness. Your information may be subject to reference checks and background checks, including, validation against third-party databases or the verification of one or more official government or legal documents that confirm Your identity or phone verification. You authorize the Company, directly or through third parties, to make any inquiries necessary to validate Your identity and confirm Your ownership of Your email address or financial profiles, subject to the applicable law.
3. Payment Terms
3.1. You agree to provide Your valid, correct and accurate credit / debit card details to the approved payment gateway for availing the Services of the Company. The financial information provided by You will be kept confidential and will be shared with any third party only when it is mandated by law. You will be solely responsible for the security and confidentiality of Your financial information. The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit / debit card.
3.2. Prices for products are displayed on the Site and are incorporated into these Terms by reference. All prices are in Indian rupees. The Company may whenever it deems fit, change the prices and Services at its sole discretion.
3.3. You are responsible for paying all applicable fees, taxes, charges, cesses etc. associated with the use of the Site.
4. User Conduct and Rules
4.1. Subject to and conditioned on compliance with this Agreement, the Company grants you a non-exclusive and limited license to access and use the Site and the Services of the Company.
4.2. You must not access (or attempt to access) the Site by any means other than the interface provided, and You will not use information from the Site for any purposes other than the purposes for which it was made available.
4.3. You must not sell, reproduce, distribute, modify, display, publicly or otherwise use any content of the Site in any way for any public or commercial purpose without the Company’s prior written consent.
4.4. You must not attempt to reverse engineer, modify, adapt, translate, prepare derivative works from, decompile, attempt to interfere with the operation of, or otherwise attempt to derive source code from any part of the Site or the Services unless expressly permitted by applicable law.
4.5. You will not access the Site in order to build a similar website or application, or publish any performance, or any benchmark test or analysis relating to the Site and Services.
4.6. By accessing or using the Site or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. The Company disclaims all liabilities arising in relation to such offensive content on the Site.
4.7. You are responsible to comply with all additional Terms for Promotions/Contests/Offers/Campaigns as required by the Company.
4.8. If the Site allows You to post and upload any material on the Site, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. In the process of using a Service, You will not:
4.8.1. Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
4.8.2. Misrepresent any information about You or Your association with an Entity;
4.8.3. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
4.8.4. Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
4.8.5. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Site or another's computer;
4.8.6. Disrupt or interfere with the security of, or otherwise cause harm to, the Site, systems resources, accounts, passwords, servers or networks connected to or accessible through the Sites or any affiliated or linked sites;
4.8.7. Collect or store data about other users.
4.8.8. Use the Site or any material or content for any purpose that is unlawful or prohibited by the Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
4.8.9. Conduct or forward surveys, contests, pyramid schemes or chain letters;
4.8.10. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
4.8.11. Violate any applicable laws or regulations for the time being in force within or outside India.
4.9 You certify that you are the sole owner of the content which You post on the Site and that the content does not infringe upon the intellectual property rights of the Company or any third party.
4.10 You agree that You are solely responsible to the Company and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which the Company or its affiliates or its vendors may suffer) for any such breach.
5. Intellectual Property Rights
5.1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all the Intellectual Property Rights to the Site, including, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
5.2. Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from the Company or thirty party owner of such content.
5.3. The trademarks, logos and service marks displayed on the Site ("Marks") are the property of the Company or other third parties. You are not permitted to use the Marks without the prior consent of the Company or the third party that owns the Marks.
5.4. The Company may share with You, third party information including, product catalogues, lists of authorized dealers, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content") for informational purposes. The Company does not provide any guarantee with respect to any Third Party Content and the Company shall not be held liable for any loss suffered by You due to Your reliance on or use of such data.
5.5. Notwithstanding the foregoing, it is expressly clarified that You will retain ownership and shall solely be responsible for any content that You provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which You may upload, transmit or store when making use of our various Service.
6. Disclaimer of Warranties and Limitation of Liability
6.1. Your use of the Site and Services is at your own sole risk. All content and functionality on the Site is provided “as is,” and on an “as available” basis without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
6.2. Under no circumstances shall the Company or any of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, attorneys and their respective heirs, successors and assigns be liable for any damages, including direct, incidental, punitive, special, consequential or exemplary damages that directly or indirectly result from the use of, or the inability to use, the Site or the Services, the information contained on the Site, the unauthorized access to or alteration of the User’s data and any other matter relating to the Site and the Services.
6.3. Neither shall the Company be responsible for the delay to use the Site or for the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Site during periodic maintenance operations or any unplanned suspension of access to the Site that may occur due to technical reasons or for any reason beyond the Company's control.
6.4. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the Site is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or the Company hereby disclaims any guarantees of exactness as to the finish and appearance of the final product as ordered by the User.
6.5. You understand, agree and acknowledge that the Company will engage independent third party service providers to perform services including warehousing services, logistics services and courier services. You further understand, agree and acknowledge that the Company will not be held liable or responsible for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties.
6.6. Notwithstanding anything to the contrary, the Company's entire liability to You shall be the refund of the money charged to You for any product or service, in relation to which unlikely liability arises.
7. Indemnification: You agree to indemnify, defend and hold harmless the Company from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms.
8. Term and Termination
8.1. This Agreement as amended from time to time, will continue to apply until terminated by either You or the Company for the reasons mentioned below. If You want to terminate this Agreement, You may do so by (i) not accessing the Site; or (ii) closing Your Accounts (if any). In the event you properly terminate this Agreement, Your right to use the Site will be automatically revoked. However, termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension including paying for any Service that You have already ordered till the time of Termination by either party whatsoever. Those portions of the Agreement necessary to implement the foregoing, survive termination of this Agreement for any reason.
8.2. The Company may at its sole discretion and at any time with or without notice, temporarily suspend or permanently revoke Your access to the Site and refuse to provide any or all the Services if:
8.2.2. The Company suspects or becomes aware that You have provided false or misleading information to the Company;
8.2.3. Your actions may cause legal liability for our Users, or they may be contrary to the interests of the Company or the User community
8.2.4. The Company is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);
8.2.5. The provision of the Services to You by the Company is, in the Company's opinion, no longer commercially viable;
8.2.6. For technical or any other reason.
8.3. The Company shall not be liable to You or any third party for any such termination.
8.4. If you or the Company terminates your use of the Site or any Service, the Company may delete any content or other materials relating to your use of the Service and the Company will have no liability to you or any third party for doing so.
9. Governing Law: These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at New Delhi.
10. Reporting Abuse: In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable content on the Site, please report to email@example.com.
11. Ship and Delivery Policy: We usually ship the product within 2 working days after receiving the order and try and deliver them within a week.
12. Links to Third Party Sites: The Site may contain links to third party websites. Such third-party websites are owned and operated by the third parties and/or their licensors. Your access and use of the third-party websites will be governed by the terms and policies of the applicable third-party websites. You acknowledge and agree that the Company is not responsible or liable for: (a) the availability or accuracy of third-party websites; or (b) the content, advertising, or products on or available from third-party websites. You are responsible for deciding if You want to access third-party websites by clicking on a link. You use the links and third-party websites at Your own risk and agree that Your use of an application or third-party websites via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
13. General Provisions
13.1. Entire Agreement - This Agreement sets forth the entire agreement and understanding between You and the Company relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in this Agreement are included for ease of reference only and have no binding effect. Even though the Company drafted this Agreement, You represent that You had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favouring or disfavouring you or the Company because of the authorship of any provision of this Agreement.
13.2. Compliance - User will not violate any laws or third-party rights on or related to the Site. User agrees to comply with all applicable laws and regulations, including, but not limited to, property rights and third parties’ Intellectual Property Rights.
13.3. Notice - All notices from the Company will be served by email to the account designated by You or by general notification on the Site. Any notice to be provided to the Company pursuant to the Terms should be sent to firstname.lastname@example.org.
13.4. Severability - If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
13.5 Waiver - Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.
14. Cancel, Return & Refund Policy: After placing the order customer can cancel the order within 1 hour if he/she wish to. And in case of customer request for Refund, it will be processed through same mode within 10 working days. Products can be returned within 24 hours from the day of delivery.