TERMS AND CONDITIONS
- This website available at [PeepulTree.World] (“Platform”) is provided by LHI TV Private Limited (“Company”, “we” or “us” and its wholly owned subsidiary Peepal Tree Ventures Private Limited, successors and assigns), having its registered office at 2F02 Palmsprings Apartments,16th Main 7th C Cross, 4th B Block Koramangala, Bangalore 560034 (“T&C”), all references to “you”, “your” or “user”, as applicable mean the person who accesses, uses, purchases the Products and/or avails the Services through the Platform in any manner or capacity.
- This Platform allows you to do the following: (i) access and purchase Products (as defined in hereunder) and avail Services (as defined hereunder) offered by us to you; and (ii) create and register an account on the Platform.
PRODUCTS AND SERVICES
- We are, inter alia, an internet-based portal which facilitates the online sale of of home décor, apparel, paintings, accessories, and silver merchandise (“Products”) and allied services including logistics, customer service desk, after sales service, and also publish documentaries and articles on the Platform that delve into the traditions, cultures, cuisines, arts, monuments, and heritage sites across India (“Services”), owned and operated by the Company.
- Services provided to you, in relation to the Products will be as per the Company's policy, which may be changed, amended, altered or modified by the Company from time to time.
REGISTRATION AND ELIGIBILITY
- Only persons who can form legally binding contracts under the Indian Contract Act, 1872 may access or register on the Platform and avail the Products and/or Services. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872. If you are a minor i.e., under the age of 18 years, you cannot register and access and purchase Products and/or avail Services unless accompanies by a guardian of legal age. We reserve the right to terminate your Account and/or refuse to provide you with access to the Products and/or Services if it is brought to our notice or if it is discovered that you are incompetent to contract. You represent and warrant to us that you are of legal age to form a binding contract and are competent to enter into contracts under applicable laws.
- We may make the Platform available to you only if you have provided us certain required personal user information such as your name, e-mail address and have created an account ("Account") with a log-in ID and password (collectively, the "Account Information"). Alternately, you may also register through a social media service (such as Facebook or Google etc.). Please note, when you register/access the Platform through a social media service, we will receive such information from the third party authentication provider as authorized and consented by you, such as, your user name associated with the particular social media service, any information or content the social media service has the right to share with us, such as your profile picture, email address or friends list, and any other information that you have made public or authorized the social media service to share, in connection with that social media service. You agree and acknowledge that you will provide us with accurate and complete Account Information. You will also be required to keep the Account Information accurate and up to date at all times. Any failure to do so will constitute a breach of these T&C, which may result in immediate termination and/or suspension of your Account, solely at the Company’s discretion.
- Registration is only a one-time process and if you have been previously registered, you will login / sign into your Account using only the password.
- Each registration is for a single individual user only. To access the Platform, you will be asked to enter your individual username and password, as chosen by you during your registration. Therefore, we do not permit any of the following: –
- Any other person sharing your account and password;
- Any part of the Platform being cached in proxy servers and accessed by individuals who have not registered with the Company as users of the Platform; or
- Access through a single account and password being made available to multiple users on a network.
- Notwithstanding anything contained herein, you will not:-
- provide any false personal information to us (including false/fraudulent Account Information) or create any Account for anyone other than yourself without such person's explicit permission;
- use the Account Information that is the name of another person with the intent to impersonate that person;
- use the Account Information or the Account of any person other than you without appropriate authorization; or
- upload Account Information that may be or is offensive, vulgar, obscene or otherwise unlawful.
- We reserve the right to refuse registration of or cancel any such Accounts in our sole discretion, or terminate the provision of the Products and Services, if found guilty of abusing the above provisions.
- You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur in your Account. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password. You agree to (a) immediately notify us of any unauthorized use of your Account Information or any other breach of security, and (b) ensure that no unauthorized use has been sanctioned by you and (c) ensure that you exit from your Account at the end of each session. In the absence of such notification from you, any purchase transaction made on the Platform through your Account and/or in your name will be binding on you. We cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by us or any other user or visitor to the Platform due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.
CONDITIONS TO USE
- The Platform, Products and Services will be made available to you on a best efforts basis. We will endeavor to ensure that you are able to use the Platform without undue disruption, interruption or delay.
- By creating an Account, you may receive updates, promotional materials and other information we may send with regards to the Products and/or Service, or new products or services that we may offer. You hereby consent to receiving all such commercial communications from us. You may opt out of receiving any, or all, of these commercial communications from us by following the unsubscribe link or instructions provided on the Platform. You will, however, still continue to receive important updates with regards to your Account.
- You agree not to access (or attempt to access) the Platform, Products and/or Services by any means other than through the interface that is provided by us. You will not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
- By accessing or using the Platform, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Platform. Further, you may report such offensive content to the grievance officer, whose contact details are set out below.
- If the Platform allows you to post and upload any material on it, you hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, you undertake not to:-
- Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Publish any information that you know is false, misleading, untruthful or inaccurate;
- Publish, post, upload, distribute or disseminate any unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate material or information as solely determined by us in our sole discretion through any bookmark, tag or keyword;
- 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;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
- Engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
- Attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Company server, or to any of the Product and Services offered on or through the Platform, by any illegitimate means (including hacking and password mining);
- Probe, scan, test, breach the security or authentication measures on the vulnerability of the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Platform, or any other customer of the Company, including any Account not owned by you, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
- Collect or store data about other users.
- Use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform
OFFER AND ACCEPTANCE
- All Products and Services displayed on the Platform constitute an offer to sell and you accept such offer upon agreeing to purchase the Products or Services so listed on the Platform. Accordingly, this contract for sale of the Product or Service is a bipartite contract between you and the Company.
- The Company may also offer third party Products which may be manufactured by or originated from third parties. We request you to read any terms and conditions of use specifically provided by the third party who has manufactured the Product or from whom such Products have originated carefully before proceeding with such purchase. You hereby agree and acknowledge that any access of such Products and Services manufactured or originated from third parties will be at your sole risk, and the Company will not be liable for any losses sustained by you in this regard.
- You understand and agree that the offer for sale of the Product or Service on the Platform is not an absolute or unconditional offer. Such an offer is subject to repudiation by the Company at any time before the delivery of the Product or provision of Services. The Company does not have any obligation to assign or provide any reason for such repudiation and may repudiate its offer without your consent and without any liability or obligation towards you.
- You agree that the Products and Services offered by the Platform will be chargeable. We may use payment partners to collect the payment and in addition to these T&C you would also be governed by the terms and conditions of such third-party payment service providers.
- You further agree that the Company will not be liable for payment related issues and frauds including but not limited to any unauthorized payments made using your credit, debit and/or any payment instrument, decline of your transaction due to any reason.
- The Pricing Information relating to the Product will be as displayed on the Platform and as disclosed to you when you access information regarding such Product or Service on the Platform and also at the time of your purchase/order. The prices listed on the Platform are inclusive of taxes.
- Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to. The tax rate applied and charged upon the order will include combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. The Company reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge delivery charges which may include postal charges/ shipment charges etc. that may be applicable to your address.
- The prices on the Platform are subject to price fluctuations, due to various factors. Once an order is placed by you, you will be liable to pay such amount as was displayed on the date of the order and the invoice.
- The Company does not guarantee that the price will be the lowest for similar products within any given locality, city, region or geography. Prices and availability are subject to change without notice or any consequential liability to you.
- While the Company strives to provide accurate information relating to Products and Services including pricing information, typographical and other errors may occur. In the event that a Product or Service is listed at an incorrect price or with incorrect information due to an error, the Company will have the right to modify the price of the Product or Services and contact you for further instructions via the e-mail address provided by you at the time of placing an order on the Platform or cancel the order and notify you of such cancellation. If the Company cancels the order after the payment has been processed, the said amount will be remitted to your account from which the payment was made.
- All payments made against the purchases of Product(s) or availment of Service(s) on the Platform by you will be in Indian Rupees only.
CREDIT CARD DETAILS
- You may be required to provide your credit or debit card details to authorised payment gateways while making the payment for your purchase of the Products or Services offered on the Platform. In this regard you agree to provide valid, correct and accurate credit / debit card details to the authorised payment gateways for purchasing Products or availing Services on the Platform. You will not use the credit / debit card that is not lawfully owned by you. The Company will never request you to share any personal, confidential, account related or any payment related information over the phone. You will be solely responsible for the security and confidentiality of your credit / debit card details and the Company will not be held liable for any loss that you might face in this regard.
- While availing any of the payment methods made available on the Platform, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
- a lack of authorization for any transaction;
- exceeding of the pre-set limit mutually agreed between you and the financial services providers you deal with;
- any payment issues arising out of the transaction; or
- declining of transaction for any other reasons.
- You have specifically authorized us to collect, process, facilitate and remit the payments electronically, through UPI, credit/debit cards, prepaid payment cards or direct bank transfer or any other methods of payments available on the Platform from time to time.
DELIVERY OF PRODUCT
- Your shipping address and pin code will be verified for serviceability by the Company’s logistics partner before you proceed to pay for your purchase on the Platform. If your order is not serviceable by representatives of the Company or the area/pin code is not covered, we will request you to provide us with an alternate shipping address which may be within the Company’s serviceable area.
- You may also be able to place a request to change the shipping address pursuant to placing the order for Products or Services on the Platform. If the revised shipping address is non serviceable by the Company, the Company may deny this request. The Company may accept or reject the request to change the shipping address in its own discretion. If there is any dispute regarding the shipment of the Product or delivery of Services for the area not covered or serviceable by the Company, the Company will not be responsible for the non-delivery of the Product or Services.
- In case you book multiple orders for the Products and Services in one transaction, reasonable efforts will be made to ship all Products together. However, this may not always be possible. Once the Products ordered by you reach the nearby delivery center and the Company makes delivery attempt once, and you are unavailable for receiving the delivery of Products or cancel the delivery of the Products, the Company will try to hold the Products for a week, beyond which if you are still not available to take delivery of Products or do not take the delivery of the Products, the Company will be free to cancel the order.
- We deliver to certain pin codes only conditionally. In such cases, you may need to make an advance payment or minimum purchase value for your order to be eligible for delivery. For such locations, warranty, and after-sales service will also not be available. To know the exact conditions for your delivery location, please enter your pin code in the box provided for this on the Platform.
- In the event you place an order from outside India, you understand that most countries charge custom duties on imported items which are levied at the time of port entry, and they vary based on the destination country and the products imported. You agree to pay these custom duties in accordance with applicable laws. If you refuse to pay these charges and therefore delivery is not possible as a consequence of this, no refunds requests will be entertained by the Company.
CANCELLATION, RETURNS AND REFUNDS
- Cancellation prior to delivery: You can cancel your order for any Product within 24 (Twenty-Four) hours of placing order only, provided the order has not been shipped. For cancellation requests please write to us at email@example.com.
- Products bought on discount during sale are not eligible for cancellation.
- In case of a conflict between the Product specific cancellation policy on the product listing page and the cancellation terms stated herein, the specific cancellation terms stated in the product listing page will supersede those set out in these T&C.
- Notwithstanding anything to the contrary, international orders are not eligible for cancellation/exchange/returns.
- Customised orders, bespoke pieces, and bulk orders cannot be cancelled and are not eligible for exchange or returns.
RETURNS OR REPLACEMENTS:
- You agree and understand that not all products are eligible for returns. In order to maintain fairness to our artisans and craftsmen, as well as keep our prices fair, many items are deemed as "final sale". Please make it a point to understand which products are eligible for returns before placing an order on the Platform.
- If you happen to receive a Product that does not match the specifications of your original order, you can return it within 48 hours of receiving the product. Please ensure that the product is unused, unworn, and that all the original tags are in place.
- In the unlikely event that your Product arrives damaged, you must email us a photo of the damaged product with the bar code within 48 (Forty Eight) hours of receiving your order at firstname.lastname@example.org. . We will get in touch with you and request more evidence of the damage. Should this initial assessment indicate that the Product has arrived damaged, Peepul Tree will initiate a pickup of the Product and we request that you pack it in its original packaging material. We will examine the product and if in the opinion of the Company, the Product is defective, the Product will either be replaced or a refund offered as deemed appropriate solely by the representative of the Company . However, if in the opinion of the Company, there is no defect in the Product, no further action will be taken. The Company will have the sole right to determine whether a Product is defective or no
- Return will be processed only if:(a) it is determined that the Product was not damaged while in your possession;(b) the Product is not different from what was shipped to you;(c) the Product is returned in original condition (with price tag intact, user manual, warranty card and all other accessories therein).
- Given that we deal in natural, handmade goods, there can be minute differences in fabric color, wood finish, etc. between the images of the Product listed on the Platform and the actual Product. These may be caused due to the difference in screen calibrations and resolutions across different displays or naturally occurring differences in natural materials. Products may not be eligible for return in such cases and some other cases, including cases of buyer's remorse such as a customer changing their mind about the model or color of a Product ordered .
- The Company tries its best to deliver Products and Services exactly the way they are described on the Platform. However, the nature and tendency of natural material-based products is that each piece of home décor, apparel, paintings, jewellery and furniture is unique in its own way. The Company hereby disclaims any guarantees of exactness of the finish or appearance of the final Products or Services ordered by you over and above generally acceptable standards on the same. The quality of the Products, Services, information, or other material purchased or obtained by you through the Platform may not meet your expectations. The colour and/or feel of the fabric of the Products depicted on the Platform may appear to be different from the actual colour or feel of the fabric of the final Products. In case you have any issues with respect to any inconsistency between the Product or Service offered on the Platform and the Product or Service delivered to you, you may reach out to us on email@example.com .
- Customised orders, bespoke pieces, and bulk orders cannot be cancelled and are not eligible for exchange or returns.
- Notwithstanding anything to the contrary, international orders are not eligible for cancellation/exchange/returns.
- Refunds for Products returned will be initiated post adherence to Clause 7.2. only. Once your return has been authorized and the order has been picked and examined for defect, your refund will be initiated and will either reflect on your Peepul Tree account as store credit or be reversed to the method of payment used to make the purchase.
- If you are eligible for a refund or a promotional code (as the case may be), the same will be subject to pick up of all cancelled items from your/customer's premises.
- The refund amount for the orders paid online or paid via credit/debit card at the time of delivery will be refunded within 5-7 business days from the date of initiating the refund to the source account.
- The refund vide a store credit will be provided to you within 24 (Twenty Four) business hours provided the Product passes quality checks and will reflect on the dashboard of your Account. A promotional code once used will not be reactivated in case of cancellation of order, either by the customer or by the Company.
- There are no refunds possible for customised orders, special bulk orders, or bespoke orders.
- Modifications of T&C: The Company reserves the right to change the T&C under which the Platform, Products and Services are offered, including but not limited to the charges, if any, associated with the use of the Products and/or Services. These T&C may be further modified based on changes in the business, legal and regulatory requirements and will be updated online. We will make all efforts to communicate any significant changes to this T&C to you. You are encouraged to periodically visit this page to review the T&C and any changes to it. We will not be required to notify you of any changes made to the T&C. We may require you to provide your consent to the updated T&C in a specified manner before any further use of the Platform and the Services and any further purchase of the Products. If no such separate consent is sought, your continued use of the Platform will constitute your acceptance of such changes.
- Modification of Products and Services: The Company reserves the right to add, modify or delete any content, features, Products or Services available on the Platform, at any time, at its sole discretion.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
- The Company grants you a personal, limited, revocable, non-exclusive and non-transferable license to access and use the Platform only as expressly permitted in these T&C. You will not use the Platform, Products or Services for any illegal purpose or in any manner inconsistent with these T&C. Unless otherwise specified, the Platform is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, Products or Services obtained from the Platform without express consent from the Platform.
- You may print or download extracts from these pages for your personal / individual, non-commercial use only. You must not retain any copies of these pages saved to disk or to any other storage medium except for the purposes of using the same for subsequent viewing purposes or to print extracts for personal /individual use.
- You will not resell or put to commercial use any part of the Platform; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; any downloading or copying of account information for the benefit of any other merchant; any renting, leasing, or otherwise transferring rights to the Platform; displaying the name, logo, trademark or other identifier of another person (except for timesnow.tv or you) in such a manner as to give the viewer the impression that such other person is a publisher or distributor of the Service on the Platform, or any data gathering or extraction tools; or any use of meta tags. You may not (whether directly or through the use of any software program) create a database in electronic or structured manual form by regularly or systematically downloading and storing all or any part of the pages from this site. No part of the Platform may be reproduced or transmitted to or stored in any other web site, nor may any of its pages or part thereof be disseminated in any electronic or nonelectronic form, nor included in any public or private electronic retrieval system or service without prior written permission.
UNLAWFUL OR PROHIBITED USE
- As a condition of your use of the Platform, you warrant to the Company that you will not use the Platform for any purpose that is unlawful or prohibited by these T&C. You may not use the Platform in any manner which could damage, disable, overburden or impair the Company, the Products or Services.
- The Users are not entitled to use any kind of measures, mechanisms or tools (software or hardware) that could interfere with the functioning of the Platform.
- Save to the extent required by law, we have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Platform; what content you access via the Platform; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
- You release us from all liability you may have acquired through the Platform. We make no representations concerning any material contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform.
- We, and our directors, employees, agents, representatives, suppliers, and partners do not warrant that: (a) the Platform including, without limitation any third party sites or services linked on the Platform will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available on the Platform is free of viruses or other harmful components; or (d) the results of using the Platform will meet your requirements. Your use of the Platform is solely at your own risk.
- All Products and Services are offered on an “as is” basis and we hereby disclaim liability for all Products/Services offered on the Platform. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability or fitness for a particular purpose of the Products/Services listed or displayed or transacted on the Platform.
- In the event that a specific set of warranties for any Product or Service is provided by a third party i.e. by a manufacturer of the Product that is offered on the Platform or a third party from whom the Product has originated or a third party service provider, such warranties are between the third party and you. The Company will not be liable or responsible for any such warranties. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the third party.
- THE COMPANY AND/OR ITS RESPECTIVE AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE COMPATIBILITY, SUITABILITY, RELIABILITY, SECURITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE AND SERVICES CONTAINED ON THE PLATFORM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCT AND SERVICES,
- INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
- YOU SPECIFICALLY AGREE THAT THE COMPANY WILL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PLATFORM.
- YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY SERVICES SENT USING AND/OR INCLUDED IN THE PLATFORM BY ANY THIRD PARTY.
- THE COMPANY DOES NOT GUARANTEE COMPATIBILITY WITH ALL OPERATING SYSTEMS, SMART PHONES, NETWORKS, INCLUDING ALL VERSIONS OF THEM. THE USE OF THE SMART PHONE, SITE, AND SOFTWARE, AND AUTOMATIC UPGRADES OF THE SOFTWARE, MAY REQUIRE UPGRADES TO COMPUTER OR SMART PHONE OPERATING SYSTEMS, NETWORKS, AND APPLICATION SOFTWARE.
- ANY REQUIREMENTS FOR THE FUNCTIONING OF THE PLATFORM ON YOUR PHONE OR DEVICE, SUCH AS SUFFICIENT BATTERY BACK UP, INTERNET NETWORK STRENGTH ETC. IS YOUR SOLE RESPONSIBILITY.
- IN NO EVENT WILL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR OR IN RELATION TO THE PROVISION OF OR FAILURE TO PROVIDE THE PLATFORM, OR ANY SUB-DOMAINS OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
- IN NO EVENT WILL THE COMPANY AND/OR ITS AFFILIATES BE LIABLE FOR ANY THIRD-PARTY PRODUCTS, SOFTWARE OR SERVICE PROVIDED TO YOU. YOU WILL ASSUME ALL RISKS ARISING OUT OF OR RESULTING FROM ANY TRANSACTION UNDERTAKEN BY YOU WITH ANY THIRD PARTY ON THE PLATFORM AND YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS TO YOU DUE TO YOUR USAGE OF SUCH THIRD-PARTY PRODUCTS OR SERVICES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, OUR ENTIRE LIABILITY TO YOU WILL BE LIMITED TO THE PRICE OF THE PRODUCT PURCHASED OR SERVICE AVAILED BY YOU, IN CONNECTION WITH WHICH THE CLAIM HAS ARISEN, WHICH AMOUNT WILL BE REFUNDED TO YOU.
- The Company reserves the right to blacklist, disable, suspend and terminate the user from further using the Platform.
- If the Company disables access to your Account in accordance with the T&C (for example if you violate any applicable terms), you may be prevented from accessing the Platform, your Account details and/or any files that is stored with your Account.
- The Company reserves the right, at its sole discretion, to terminate your access to the Platform and the Products and/or Services or any portion thereof at any time, without notice.
- Third-Party Fees: You may incur access or data fees from third parties (such as your internet provider or mobile carrier) in connection with your use of Platform. You are solely responsible for all such fees.
- Notice: All notices from the Company will be served by email to the account designated by you or by general notification on the Platform. Any notice to be provided to the Company pursuant to the T&C should be sent to firstname.lastname@example.org.
- Assignment: You cannot assign or otherwise transfer the T&C, or any rights hereunder to any third party. The Company's rights under the T&C are freely transferable by the Company to any third parties without the requirement of seeking your consent.
- Feedback: Any feedback you provide regarding the Platform will be deemed to be non-confidential. The Company will be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) your feedback does not contain confidential or proprietary information belonging to you or to third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) you are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.
INTELLECTUAL PROPERTY RIGHTS
- The Company or all the right holders in/of the Platform and/or your smart phone/tablet, as the case may be, own title, interest and rights, including all related intellectual property rights, in/of the Platform and/or your smart phone/tablet and the user acknowledges that such ownership will include all intellectual property rights arising from any suggestions, enhancement requests, recommendations or other information provided by you, whether in the course of use of the Platform, your smart phone/tablet or otherwise.
- The Company is the sole and exclusive copyright owners of the Platform and our content. You acknowledge that the Platform contains original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Platform may contain information which is designated as confidential by the Company and that you will not disclose such information without the Company’s prior written consent.
- The trademarks, logos, designs and service marks displayed on the Platform ("Marks") may be the Company’s sole and exclusive property and you are not permitted to use the Marks without the Company’s prior consent. The unauthorized copying, modification, use or publication of these Marks is strictly prohibited and will be subject to appropriate legal proceedings against the unauthorized user.
- Where any particular term or provision of this T&C is determined under applicable law to be un-enforceable, such un-enforceable term(s) will be severed from and will not affect any other terms and conditions. The Company reserves the right to substitute any such un-enforceable term or provision with a suitable and enforceable provision at its sole discretion.
GOVERNING LAW AND JUSRIDICTION
- If a dispute arises regarding the T&C, the laws of the Republic of India will apply.
- All disputes will be governed under the laws of India and are subject to the jurisdiction of the courts of Mumbai only.
- You will defend, indemnify and hold harmless the Company, its owners, employees, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your use of (i) the Platform and/or (ii) the breach of this Agreements and any other policies, or (iii) your violation of any law, rules or regulations or the rights of a third party.
NEWSLETTERS AND COMMUNICATIONS
- By creating an Account, you may receive updates, promotional materials and other information we may send with regards to the Products and Services, or new services that the Company may offer. You hereby consent to receiving all such commercial communications from the Company. You may opt out of receiving any, or all, of these commercial communications from the Company by following the unsubscribe link or instructions provided in any email and/or text we send. You will however, still continue to receive important updates with regards to your Account.
- If you have any grievance with respect to the Platform, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:Name: Akshay ChavanEmail ID: email@example.com
- In the event you come across any abuse or violation of the T&C or if you become aware of any objectionable content on the Platform, please report to the Grievance Officer, whose details are set out above.
YOU HAVE READ THESE T&C AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.