TERMS AND CONDITIONS
1.1. Thank you for visiting the www.fickleisfun.com. By accessing or using www.fickleisfun.com website or the mobile application or any other media (“Website”), whether automated or otherwise, you, a registered or guest user in terms of the eligibility criteria set out herein you (“User”) agree to be bound by these Terms and Conditions (“Terms”) and any additional terms and conditions of third party sellers (“Sellers”).
1.3. In these Terms, references to “you”, “User” shall mean the end user/customer accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers or Sellers, and references to the “Website”, “fickleisfun”, “fickleisfun.com”, “we”, “us” and “our” shall mean the Website and/or Workforce Networks Private Limited, its affiliates and partners (as applicable).
1.5. The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any linked sites in any manner whatsoever.
1.6. The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
1.7. The Website is operated by Workforce Networks Private Limited, a company incorporated under the laws of India having its registered office at 209 VARDHMAN MASTER PLAZA LSC MAIN ROAD GHAZIPUR DELHI DL 110096. All references to Website in these Terms shall deem to refer to the aforesaid entity in inclusion of the online portal.
1.8. fickleisfun.com operates as a marketplace and is not directly involved in the transactions between the Users and the Sellers. As a result, fickleisfun has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of Sellers to sell items or the ability of Users to pay for the Products. fickleisfun.com does not pre-screen content or information provided by users and cannot ensure that a User or Seller will actually complete a transaction. Consequently, fickleisfun cannot and does not transfer legal ownership of items from the Seller to the Users.
1.9. Further, the terms and conditions for any Product, sale, discount, discount vouchers, gift vouchers, pre-paid instruments or contest event organized on the Website from time to time, shall be subject to third party/Seller terms and conditions. In addition to the above, some areas of the Website may contain content provided by our third party partners and such content shall be subject to separate terms and conditions of use, which are posted within those areas by third party partners.
1.11. We reserve the right to change these Terms at any time. Such changes will be effective when posted on the Website and may, at the sole discretion of the Website be notified to the Users from time to time. Notwithstanding the foregoing, by continuing to use the Website after we post any such changes, you accept the Terms as modified.
1.12. These Terms will continue to apply until terminated by either You or fickleisfun.com in accordance with the terms set out below:
1.12.1. The agreement with fickleisfun.com can be terminated by (i) not accessing the Website; or (ii) closing Your Account, if such option has been made available to You.
1.12.2. The above clause shall also apply to any additional Terms applicable to the use of the Website and fickleisfun.com reserves the right to terminate access to the Website (including any services offered as part thereof);
1.13. Notwithstanding the foregoing, these provisions set out in these Terms which by their very nature survive are meant to survive termination, shall survive the termination / expiry of this agreement.
2. ELIGIBILITY TO USE
2.1. Use of the Website is available only to such persons who can legally contract under Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. shall not be eligible to use the Website.
2.2. Any minor desirous to use or transact on Website, is required to conduct such transaction through their legal guardian or parents.
2.3. The Website reserves the right to terminate any membership and / or refuse to provide access to the Website if it is brought to the Website’s notice or if it is discovered that the person accessing/using the Website is under the age of 18 years.
2.4. By accepting the Terms or using or transacting on the Website, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between the Website and such User to the extent permissible under applicable laws.
3. ACCOUNT, PASSWORD, AND SECURITY
3.1. Any person may access the Website and the Products either by registering to the Website or using the Website as a guest. However, a guest user may not have access to all sections of the Website including certain benefits/promotional offers, which shall be reserved only for the purpose of registered Users, and which may change from time to time at the sole discretion of the Website.
3.2. If you wish to register yourself with the Website, you shall be required to create an account by registering through Facebook or your email account or by filling in the details prescribed in the Website registration form. You will then receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify the Website of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. fickleisfun.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or for any losses occurring thereto. You, as the User, waive any claims against the Website for any loss and damage suffered by you on account of your failure to comply with the Terms and reasonably expected good practices in this regard.
3.3. If any User learns or is made or becomes aware of any instance of hacking or misuse of its User account, it shall without delay notify the Website of the same. Additionally, registered Users may be held liable for losses incurred by the Website for any loss or damage caused as a result of failure in maintaining security by the relevant User.
3.4. If any User provides any information that is untrue, false, not updated, and incomplete or the Website has reasonable grounds to believe that such information is untrue, false, not updated, incomplete, the Website shall have the right to suspend or terminate the relevant User account and refuse any and all current or future use of the Website (or any portion thereof).
3.5. The Website may be inaccessible for such purposes as it may, at its sole discretions deem necessary, including but not limited to regular maintenance. However, under no circumstances will fickleisfun.com be held liable for any losses or claims arising out of such inaccessibility to the Users and the Users expressly waive any claims against fickleisfun.com in this regard.
4. LISTING AND SELLING
4.1. By listing a Product on the Website, every Seller warrants that all such Products are legally permitted to be sold. Each Seller further warrants that they shall provide most accurate description of the products to be sold on the Website. Listings may only include text, pictures and other content that fickleisfun.com may permit from time to time. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and posting the items. Sellers may issue promotional codes for promotional purposes only and these are to be used against purchases from the issuing Seller’s products only. Promotional codes have no cash value and cannot be exchanged for money or credit.
4.2. All sales on the Website are binding in nature on both the User and Seller. The Seller is responsible for shipping up to the point of delivery or otherwise completing the transaction with the User within 2 days, unless there is an exceptional circumstance or occurrence of a force majeure event.
4.3. You agree and acknowledge that fickleisfun.com is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the Website. Accordingly, the sale of Products on the Website shall strictly be a bipartite agreement between you and the Sellers on the Website. fickleisfun does not hold any title, right or interest in the Products listed on the Website. We expressly disclaim all obligations and liabilities emanating from an agreement between you and the Sellers on the Website.
5.1. The Website operates as a market place and merely provides an online platform to various Sellers to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Users of the Website (“Products”). The Website merely facilitates the engagement of the Users and various Sellers and provides such other services as are incidental and ancillary thereto. Additionally, the Website reserves the right to terminate the services offered at any time to the Users without any notice.
5.2. All Products exhibited on the Website are on an “as is” and “as available” basis. Images of products are for and by reference only and actual Product may vary from the corresponding image exhibited. The Website disclaims any liabilities arising out of any discrepancies to this end.
5.3. fickleisfun.com hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the User. The quality of any products, Services, information, or other material purchased or obtained by you through the Website is not endorsed or supported by fickleisfun and is the sole liability of the respective Seller. Alterations to certain aspects of your order such as the merchandise brand, size, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
5.4. Prices for Products are subject to change without prior notice, and at any time whatsoever, irrespective of whether an item has been earmarked/wish listed by a User. The Website disclaims any and all claims and/or liabilities arising from such revision in prices.
6.1. Prices for Products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, Products and services are offered by the respective Seller and may change in accordance with the brand guidelines or other terms and conditions applicable to each Seller. Users further undertake that by initiating a transaction, the User is entering into a legally binding and enforceable contract with the Seller to purchase the products using such payment facilities as may be permitted by applicable laws and as may be accepted by the Website.
6.2. The Website does not charge any registration/membership or browsing fee. However, the Website reserves the absolute right to alter the fee policy from time to time. In the event, the Website alters its services, it may introduce new fees for such altered services. All such fees that the Website may charge will be intimated to the Users and such change shall automatically become effective immediately after they are posted on the Website. All such fees charged by the Website shall be in Indian Rupees. The Users continued use of the Website shall be deemed as an acceptance of the amended terms and conditions.
6.3. fickleisfun.com may enter into agreements with third party payment gateway aggregators and financial institutions authorized by the Reserve Bank of India for collection, refund and remittance and to facilitate payment between Users and Sellers. The Website shall initiate the remittance of the payments made by the User and the date of completion of transaction shall be after the Products are delivered to the User and such other additional time as may be agreed between Website and the Sellers.
6.4. While availing any of the payment method/s available on the Website, the Website will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by and between the User and relevant banks of the User, or
- Any payment issues arising out of the transaction, or
- Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by a User;
- Decline of transaction for any other reason(s)
Notwithstanding anything contained herein, the Website reserves the right to conduct additional verification for security or other reasons if it is not satisfied with the creditability of the User.
6.5. All payment and delivery related conditions are in accordance with the contractual relationship impliedly established between the Seller of the Products and the User purchasing the same and payment facility provided by the Website is merely used by the User and Seller of the Product to facilitate the completion of the purchase made by the User.
Use of the payment facilities provided by the Website shall not render the Website liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the Products listed on the Website. The Website shall not be responsible for any damages, interests or claims arising from not processing a transaction.
6.7. The Website may in its sole discretion impose limits on the number of transaction which an individual holding a financial instrument may use for payment for Products.
Additionally, the Website reserves the right to refuse to process transactions exceeding such limit and transactions by Users that have incurred questionable charges and amounts.
6.8. The Website is merely a facilitator for providing the User with payment channels through automated online electronic payments (either itself or through Service Providers), cash on delivery, collection and remittance facility for the payment of Products purchased by the User on the Website using the existing authorized banking infrastructure and credit card payment gateway networks (of either the Website or Service Providers).
7. SHIPPING AND DELIVERY
7.1. All Products purchased from the Website shall be delivered to the User by standard courier services by fickleisfun.com on behalf of the respective Sellers through a logistics partner or by the Sellers themselves. All deliveries where applicable shall be made on a best efforts basis, and while the Website will endeavor to deliver the Products on the dates intimated, the Website disclaims any claims or liabilities arising from any delay in this regard. On behalf of the Seller, a nominal fee may be charged on all cash on delivery (“COD”) orders. The COD charge can be viewed at the time of placing the order and in all order related emails. This charge shall not be refunded if an item is returned or if the cancellation request is raised after the order is shipped.
7.2. fickleisfun.com shall not be responsible for any delay in the delivery of the Products. fickleisfun.com shall not be liable for any damage to the Product in transit due to mishandling by the logistics partner.
7.3. The logistics partner supported by fickleisfun.com will make a maximum of three attempts to deliver your order. In case the User is not reachable or does not accept delivery of products in these attempts the respective Seller reserves the right to cancel the order(s) at its discretion.
7.4. An estimated delivery time shall be displayed on the order summary page. On placing your order, you will receive an email containing a summary of the order and also the estimated delivery time to your location.
7.5. Sometimes, delivery may take longer due to inter alia:
- bad weather
- flight delays
- political disruptions
- other unforeseen circumstances
7.6. In the event any delay in delivery of a Product is expected, the Website may, at its sole discretion, intimate the User who may have purchased the same, regarding such delay.
7.7. The Website shall not be held responsible and will bear no liability in case of failure or delay of delivering the Products including any damage or loss caused to the Products.
7.8. Where there is a likelihood of delay in delivery of the Products, the User may be notified of the same from time to time. However, no refunds may be claimed by the User for any delay in delivery of the Products, which was caused due to reasons beyond the control of the Website and/or the Seller.
7.9. However in case where a damage has been caused to the Products ordered, the Seller shall replace the products as per the Seller’s replacement policy as may be indicated on the Website along with the Product.
7.10. No deliveries of the Products shall be made outside the territorial boundaries of India.
7.11. In case a User purchases multiple Products in one transaction, the Seller(s) may deliver the same together. However, this may not always be possible and shall be subject to availability of stock with the relevant Sellers.
7.12. If a User wishes to get delivery to different addresses, then the User shall be required to purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. The User agrees that the delivery can be made to the person who is present at the shipping address provided by the User.
7.13. fickleisfun.com shall not compensate for any mental agony caused due to delay in delivery. The Users can cancel the order at any moment of time even if the delivery time exceeds the expected delivery time. If it is a prepaid order, the Users will be refunded back the price of the product in the account or payment wallet, in accordance with the options chosen by you, as soon as the order is successfully cancelled.
8. RETURN, REPLACEMENT AND REFUND
8.1. All Products ordered from the Website and successfully delivered to the User by the respective Seller may be returned to the Seller in accordance with the terms contained in the respective Seller policy.
8.2. However no Products will be accepted by the Seller if (a) the Products have been damaged by the User (b) if there is a change in the quality, quantity or other characteristics of the Product (c) if as per the Seller the product returned is not the Product that was delivered (d) any other circumstances that the Website and/or the Seller may notify or deem appropriate from time to time.
8.3. In case of returns:
- Return/size exchange should be initiated within 15 days of order delivery.
- The tags on the product should be intact.
- The product should be unwashed, unused and in an undamaged condition.
- The item needs to be returned along with the original packaging.
8.4. If the User wants to instant return or return within 15 days from delivery date, and fickleisfun.com does not offer reverse pickup of the items, the User may send the shipment himself/herself. The Users should send the scanned copy of the courier slip to firstname.lastname@example.org and fickleisfun.com will refund the amount. fickleisfun.com will refund the courier slip amount or INR 160 per kg, whichever is less.
8.5. In case of return initiated and subsequently couriered by the User himself/herself, and if it is found that the claimed shipment was not delivered to fickleisfun.com or the shipment was empty, the onus shall be on the User to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return. However, non-receipt of Product by the Seller or fickleisfun.com may lead to no refund/exchange being issued to the User. The User waives any claims against fickleisfun.com in this regard.
8.6. Refunds for courier charges shall be against a valid RVP slip/written confirmation from the courier company that the RVP has been done for a particular shipment/order.
8.7. In case of any discrepancy in the status of reverse pick up of a Product, (where the Users claims the Product has been returned, while our system suggests otherwise) refund will be initiated only if the Users successfully furnishes the RVP slip given at the time of the pick-up.
8.8. fickleisfun.com will not be liable for the products returned by mistake. In circumstances where a product not belonging to fickleisfun.com is returned by mistake, fickleisfun.com is not accountable for misplacement or replacement of the product and is not responsible for its delivery back to the User.
8.9. Size exchange can be availed at the special price of an item. Please take note that this is applicable only on Products that are exchangeable, as mentioned on the product page.
8.10. Once returned or in case the User does not receive the delivery within the time period agreed the User will be entitled to claim refund of the entire cost of the Product after adjusting relevant courier charges and such other charges that the Website may at its own discretion deduct. In case a User does not raise a refund claim as per the Terms, the User shall be ineligible for a refund. In the event, the refund facility is not available in full or in part for certain Products, the User shall not be entitled to a refund in respect of such Products.
8.11. All Products ordered by the User shall be eligible to be replaced in accordance with the Seller’s replacement policy as indicated herein above, if the Product delivered is damaged, soiled or is different from the Product specifications mentioned on the Website. fickleisfun.com will accept return or size exchange of a Product only in accordance with the returns policy of the respective Seller.
8.12. In case of exchange, the differential amount, if any, shall be forfeited. This will apply irrespective of any increase or decrease in the price of the product being exchanged.
8.13. Refund, if any, shall be made at the same issuing bank through which the Product was purchased. For cash on delivery transactions, the User has the option to receive the refund in any bank account via NEFT (for which the User shall have to share the bank details) or, the refund will be credited to the wallet linked to his/her User account on the Website.
8.14. For payments made through electronic means like debit card, credit card, net banking, wallet etc. refund shall be made using the same payment mode.
8.15. All refunds shall be made in Indian Rupees only.
8.16. The User acknowledges that the Website will not be liable for any damages, interests or claims etc. resulting from non-processing an order or any delay in processing an order which is beyond control of the Website.
8.17. All Users and Sellers shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made there under, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under and all other laws as may be applicable.
9.1. To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, fickleisfun.com reserves the absolute right to cancel all past, pending and future orders without any liability. fickleisfun.com also reserves the right to refuse or cancel orders in scenarios like inaccuracies in pricing of product on Website and stock unavailability. We may also require additional verifications or information before accepting any order. We may contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your account. Any promotional voucher used for the cancelled orders may not berefunded. Further, in case of suspicious transactions, fickleisfun.com reserves the right to inform law enforcement officials and provide them with all transaction details that may be requested for investigation of any illegal activity.
9.2. The User may be considered fraudulent if inter alia any of the following scenarios are met:
- Users doesn’t reply to the payment verification mail sent by fickleisfun.com
- Users fails to produce adequate documents during the payment details verification
- Misuse of another Users’s phone/email
- Users uses invalid email and phone no.
- Overuse of a voucher code
- Use of a special voucher not tagged to the email ID used.
- Users returns the wrong product
- Users refuses to pay for an order
- Users is involved in the snatch and run for any order
9.3. The User may be considered loss to business if any of the following scenarios are met:
- User with a very high return rate
- Invalid/Incomplete address cases
- Repeated request for monetary compensation for petty issues
Account for the Users falling in fraudulent or loss to business category may be blocked. Any credits earned through loyalty or referral program will be forfeited in such case.
9.4. fickleisfun.com may cancel any orders that classify as ‘Bulk Order’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by fickleisfun.com:
- Products ordered are not for self-consumption but for commercial resale
- Multiple orders placed for same product at the same address, depending on the product category
- Bulk quantity of the same product ordered
- Invalid address given in order details
- Any malpractice used to place the order
Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
9.5. If a User raises a complaint for partial item/partial order :
- The Users is supposed to claim for pilferage within 48 hours of delivery failing which the claim will not be entertained.
- An Email will be sent seeking/providing following information:
- Short description of the case (A few questions will be asked to help us understand the scenario).
- The snapshots of the packet and other box(If any)(Try to cover the sides which look tampered/damaged as per the Users)
- The refund for prepaid orders will be done after investigation
- The Users may not be liable for a refund if he/she falls in any of the scenarios stated below:
- Users fails to provide adequate information about the case
- Users fails to provide snapshots of the packet and box(if any)
- If an opened delivery was received, pilferage claims must be made the same day
- Users must not dispose the packaging for 3-4 days post-delivery. We might need to pick-up your packaging for investigation at our end.
10. USER CONDUCT AND RULES:
10.1. You agree and undertake to use the Website only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when the Website, you will not:
- defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- upload files that contain software or other material protected by 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 Website or another’s computer;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- 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;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force in or outside India; and
- violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
- exploit any of the services. We reserve the right to deprive individual Users of our cash on delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that Users conduct violates applicable law or is harmful to our interests.
- You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about the Website, its associates and partners on any property owned or operated by the Website.
11. INTELLECTUAL PROPERTY RIGHTS
11.1. Intellectual Property Rights (“IPR”) for the purpose of these Terms shall always mean and include copyrights whether registered or not, patents including rights of filing patents, trademarks, trade names, trade dresses, house marks, collective marks, associate marks and the right to register them, designs both industrial and layout, geographical indicators, moral rights, source code, technical data, broadcasting rights, displaying rights, distribution rights, selling rights, abridged rights, translating rights, reproducing rights, performing rights, communicating rights, adapting rights, circulating rights, protected rights, joint rights, reciprocating rights, infringement rights and further shall also include but not be limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code in relation to the Website.
11.2. All IPR on the Website exclusively belong to either the Website or the third party sellers and suppliers, as the case may be. Under no circumstance shall any User infringe in any way such IPR of the Website, a third party supplier or Seller during or pursuant to its use of the Website for any purposes whatsoever.
11.3. All those IPR arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of Workforce Networks Private Limited and/or its affiliates as the owner of such domain name.
11.4. The Parties hereto agree and confirm that no part of any Intellectual Property rights mentioned hereinabove is transferred in the name of User and any intellectual property rights arising as a result of these presents shall also be in the absolute ownership, possession and our control or control of its owners/permitted assigns, as the case may be.
11.5. Every User hereby grants fickleisfun.com a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, publish, transmit, reproduce, modify, adapt any content provided or created by the User. fickleisfun.com shall have no liability for any infringement of intellectual property rights with respect to such content created by the User.
11.6. Except as expressly provided herein, the User acknowledges and agrees that it shall not copy, republish, post, display, translate, transmit, reproduce or distribute or in any other way infringe any Intellectual Property Right through any medium without obtaining the necessary authorization from the Website or the thirty party owner of such Intellectual Property Right.
12.1. The User hereby indemnifies, defends and holds harmless the entity owning and operating the Website, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :
- The User’s breach of these Terms; or
- Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the Website; or
- Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
- Violation of any rights of any third party by the User, including any IPR.
Each an “Indemnity Event”
12.2. Upon occurrence of an Indemnity Event, the Website may notify the User of any claims which the User shall be liable to indemnify the Website against. The User shall then be obligated to consult with the Website regarding the course of action to be undertaken in defending such a claim.
12.3. The User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of the Website without the express prior written consent of the Website which can be withheld or denied or conditioned by the Website in its sole discretion.
12.4. Notwithstanding anything to contrary, the Website’s entire and aggregate liability to the User under and in relation to these Terms shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by the User/Seller to the Website under the relevant order to which the cause of action for the liability relates.
12.5. Notwithstanding anything to contrary, in no event shall the Website, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to the User for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not the Website has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with the User’s use of or access to the Website or the Product.
13. USE OF CONTENT
13.1. While using the Website, the User specifically undertakes not to host, display, upload, modify, publish, transmit, update or share any information or content that:
- belongs to another person and to which the User does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- harms minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent the User’s affiliation with a person or entity;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
- infringes any patent, trademark, copyright or other IPR;
- contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- engage in any activity that interferes with or disrupts access to the Website or the Products (or the servers and networks which are connected to the Website);
- attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Website server, or to any of the Products offered on or through the Website, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.
- disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
- use the Website or content therein 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 Website or other third parties;
- 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;
- violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
- violate any applicable laws or regulations for the time being in force within or outside India; and
- violate the terms of these Terms.
13.2. In certain cases, where the User requires certain services in relation to the Products, such as warranty, after-sales or installation services, the User shall directly contact the relevant Seller or the manufacturer. However, in the event, the User contacts the Website for the same, the Website may inform the relevant Seller to provide or facilitate the provision of such services to the User.
13.3. The Website is not and shall not be obliged to provide any such additional services. The Website’s role in relation to facilitating such services shall be limited to facilitating communication between User and the Seller for the purpose of provision of such additional services.
13.4. The User acknowledges that there may be certain orders that the Website is unable to process or pass on to the Seller and/or which the Website must cancel owing to various reasons such as non- availability of the Website service, force majeure, credit limitations or suspected fraud etc.
13.5. The User shall use the Website and purchase any Products available on it, for personal, non-commercial use only and shall not re-sell the same to any other person or commercialize the same in any manner whatsoever.
13.6. The User may need to install updates that the Website or any third party may introduce from time to time to access the Products /Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions. By using the Website, the User shall be deemed to have agreed to receive such updates.
13.7. The User agrees that it shall solely be responsible towards the Website and to any third party for any breach of its obligations under these Terms and for any consequences, losses or damages that may be suffered by the Website owing to such breach by a User.
14. REPORT ABUSE AND TAKE DOWN POLICY
14.1. In the event the Website or any User becomes aware of any objectionable content on the Website including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms then, the Website, by itself or upon receipt of a communication from any of its Users, without any prior notice take down such objectionable content from the Website.
14.2. For any reporting in respect of the aforesaid, the User should contact the Website at email@example.com.
15. FEEDBACK AND INFORMATION
15.1. User feedbacks or information pertaining to Products offered on the Website or any information pertaining to the Website shall be deemed to be non-confidential in nature.
15.2. The Website reserves the right, at its sole discretion to use such information for upgrading/enhancing the Website and such use shall be entirely unrestricted.
15.3. The Website may at its discretion, also make any modifications or changes to the Website and its content and / or Products on the basis of such feedback or information.
15.4. In the event that the Website makes any changes or modifications to the Website or Products on the basis of any such feedback, the User shall not have any rights or title (including any IPR) in such changes or modifications to the Website or Products listed therein.
15.5. By submitting any feedback or any information, the User hereby warrants that (i) the feedback does not contain confidential or proprietary information belonging to the User or any other person and shall not entitled to any compensation or reimbursement of any kind from the Website for the feedback under any circumstances.
16. APPLICABLE LAW:
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising herefrom.
17. DISPUTE RESOLUTION
17.1. In the event any dispute arises out of or in connection with the Terms herein, including the validity hereof, the parties hereto shall endeavor to settle such dispute amicably in the first instance. The attempt to bring about an amicable settlement shall be treated as having failed as soon as one of the parties hereto, after reasonable attempts, which shall continue for not less than 15 (Fifteen) calendar days, gives a notice to this effect, to the other party in writing.
17.2. In case of such failure, the dispute shall be referred to a sole arbitrator, who shall be appointed by the Website. The arbitration proceedings shall be governed by the Indian Arbitration and Conciliation Act, 1996 and shall be held in New Delhi. The language of arbitration shall be English.
18. JURISDICTIONAL ISSUES
Unless otherwise specified, the products/items listed on the Website are solely for the purpose of delivery in India. The Website shall under no circumstance be held liable for use or availability of Products for use in locations/countries other than India.
19. USER PROTECTION PROGRAM
19.1. The Website’s User protection program provides for resolution of disputes between the User and Seller to successfully resolve a dispute regarding refund or replacement or non-delivery of a Product.
19.2. In such an eventuality, the User can write to firstname.lastname@example.org if the issue with the Seller remains unresolved.
19.3. The Website’s Users support team shall provide reasonable assistance and take such relevant actions against the Seller as it, at its sole discretion may deem fit.
20. GENERAL PROVISIONS
Notice: All notices to be issued pursuant to these Terms shall be served to the User by email or by general notification on the Website. Any notice to be sent to the Website pursuant to these Terms shall be sent to the Website’s grievance officer by e-mail email@example.com.
Assignment: This Terms shall not be assigned or otherwise transferred by the User. However the Website’s obligations under these Terms are freely assignable or otherwise transferable by the Website to any third parties without the requirement of seeking the Users prior consent.
Severability: If any provision of these Terms is void, or is so declared, such provision shall be severed. The Terms shall otherwise remain in full force and effect.
Waiver: Any failure or delay by a party to enforce or exercise any provision of these Terms, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
Relationship and Exclusivity. Nothing in these Terms shall constitute or be deemed to constitute a partnership, joint venture, agency or the like between the parties hereto or confer on any party any authority to bind the other party or to contract in the name of the other party or to incur any liability or obligation on behalf of the other party.
Force Majeure: If performance of any Service under these Terms by the Website is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, inducement of any virus, Trojan or other disruptive mechanisms, any event of hacking or illegal usage of the website, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of the Website and could not have been prevented by reasonable precautions then the Website shall in toto be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by the Website of its obligations herein.
Refund and Cancellation