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2025 © The Panel Station | All Rights Reserved
2025 © The Panel Station | All Rights Reserved
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.contactsdirect.com/terms-and-conditions
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.contactsdirect.com/terms-and-conditions
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.glasses.com/gl-us/terms-and-conditions
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.glasses.com/gl-us/terms-and-conditions
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.framesdirect.com/customer-service/terms-of-use
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.framesdirect.com/customer-service/terms-of-use
Kindly refer to the Terms and Conditions of Sale at the following link:
https://gabb.com/terms-conditions/
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.lenscrafters.com/lc-us/terms-and-conditions
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.lenscrafters.com/lc-us/terms-and-conditions
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.lenscrafters.com/lc-us/terms-and-conditions
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.patpat.com/glb/terms
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.easeus.com/legal-counsel.htm
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.easeus.com/legal-counsel.htm
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.patpat.com/glb/terms
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.framesdirect.com/customer-service/terms-of-use
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.framesdirect.com/customer-service/terms-of-use
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.temu.com/ca/terms-of-use.html
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.framesdirect.com/customer-service/terms-of-use
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.framesdirect.com/customer-service/terms-of-use
Kindly refer to the Terms and Conditions of Sale at the following link:
https://toyou.io/en/terms/
Kindly refer to the Terms and Conditions of Sale at the following link:
https://toyou.io/en/terms/
Kindly refer to the Terms and Conditions of Sale at the following link:
https://sa.abdulsamadalqurashi.com/ar
Kindly refer to the Terms and Conditions of Sale at the following link:
https://stylishop.com/ae/en/account/terms
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.firstcry.ae/termsofuse
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.dyson.ae/en-AE/terms-and-conditions
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.levelshoes.com/terms-and-conditions-of-sale
Kindly refer to the Terms and Conditions at the following link:"
https://www.maxfashion.com/ae/en/termsandconditions
"Kindly refer to the Terms of Use and Terms of Sale at the following links:"
https://ae.puma.com/terms-of-use.html
https://ae.puma.com/terms-of-sale.html
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.temu.com/ca/terms-of-use.html
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.framesdirect.com/customer-service/terms-of-use
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.framesdirect.com/customer-service/terms-of-use
Kindly refer to the Terms and Conditions of Sale at the following link:
https://toyou.io/en/terms/
Kindly refer to the Terms and Conditions of Sale at the following link:
https://toyou.io/en/terms/
Kindly refer to the Terms and Conditions of Sale at the following link:
https://sa.abdulsamadalqurashi.com/ar
Kindly refer to the Terms and Conditions of Sale at the following link:
https://stylishop.com/ae/en/account/terms
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.firstcry.ae/termsofuse
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.dyson.ae/en-AE/terms-and-conditions
Kindly refer to the Terms and Conditions of Sale at the following link:
https://www.levelshoes.com/terms-and-conditions-of-sale
Kindly refer to the Terms and Conditions at the following link:"
https://www.maxfashion.com/ae/en/termsandconditions
"Kindly refer to the Terms of Use and Terms of Sale at the following links:"
https://ae.puma.com/terms-of-use.html
https://ae.puma.com/terms-of-sale.html
For FirstCry offers and terms & conditions, please refer to the following link: https://www.firstcry.com/termsofuse
Terms of Use
Welcome! These Terms of Use outline the general terms and conditions governing all products and services provided by us. Thank you for choosing to use our services.
This website, located at www.gonoise.com and its affiliated sites, including mobile applications (“Site”), is operated by Nexxbase Marketing Pvt. Ltd. ("GoNoise", "we", "our", or "us"). Our registered office is at:
15th Floor, Two Horizon Building, Golf Course Road, Sector 43, DLF QE, Gurugram, Haryana-122002, India.
By accessing or using this Site, you ("you", "your") agree to be bound by these Terms of Use. We reserve the right to modify, replace, or remove any part of these Terms, our policies, or content on the Site at any time without prior notice. It is your responsibility to review these Terms periodically. Continued use of the Site indicates your acceptance of any changes.
Use of any information or material on this website is entirely at your own risk. It is your responsibility to ensure that any products, services, or information available meet your specific requirements.
www.gonoise.com offers a wide range of smart electronic accessories at affordable prices. Upon placing an order, GoNoise will ship the product to you and is entitled to receive payment for the service.
We maintain a presence on third-party sites such as Facebook, Twitter, and LinkedIn. These platforms are used solely for communication and listing purposes. We are not responsible for any content posted on these third-party sites, including comments or materials by users. We disclaim any warranties regarding the accuracy of information or products listed on these sites.
Protecting your privacy is important to us. We treat your information as a valuable asset and take measures to safeguard it. We may use your information for internal record-keeping, improving our services, marketing new products or promotions, and contacting you for research purposes via email, phone, or fax. Robust security measures are in place to protect your personal information.
The images displayed on our website are for illustration purposes only. We strive to display product colors and details accurately; however, variations may occur. Sizes and measurements provided are approximate, although we endeavor to be as precise as possible.
We aim to ensure that all pricing information on the website is accurate. However, in the event of a pricing error, we will inform you after your order is placed. You will have the option to cancel your order and receive a refund if applicable. Prices are subject to change without notice but will not affect orders already dispatched. Prices include applicable GST.
We conduct a pre-authorization check on your payment card to ensure the availability of sufficient funds. Once authorization is received, your card will be charged to complete your order. For your security, we may confirm your order via phone or email before dispatch.
Delivery options vary based on your location. Upon placing an order, you will receive an email confirmation with order details and an estimated delivery timeframe, usually between 7–10 business days. In rare cases, delivery may be delayed due to unforeseen circumstances. Updates will be provided via email or SMS if necessary.
Products available on this website are intended for sale within India. If you access the website from outside India, GoNoise is not responsible for any delivery or refund issues.
Changed your mind? You can return items purchased from us. Please refer to our Return Policy for detailed information regarding returns and replacements.
All intellectual property rights related to our products, content, and services are and shall remain the exclusive property of Nexxbase Marketing Pvt. Ltd.
These Terms are governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of the courts in Gurugram, Haryana.
You agree to indemnify and hold harmless the Company, its directors, officers, employees, consultants, agents, and affiliates from any claims, liabilities, damages, or costs arising from your use of this Site, your breach of these Terms, or infringement of any intellectual property rights.
We reserve the right, at our sole discretion and without prior notice, to terminate your access to the Site if you violate these Terms or any other policies. Termination does not absolve you from liability for services already ordered.
Extra 5% off is applicable on prepaid payment modes only and cannot be combined with any other discount code.
Discount codes are valid for online payments only; they are not applicable for Cash on Delivery (COD) orders.
Gonoise holds absolute discretion to change the terms without prior notice.
Gift Cards can be redeemed exclusively at www.gonoise.com.
Gift Cards cannot be used to purchase other Gift Cards.
If your order exceeds the Gift Card amount, the balance must be paid using a credit/debit card or Internet banking.
Gift Cards are valid for 1 year from the date of issue. Any unused balance after expiration will be forfeited.
Gift Cards cannot be redeemed for cash or credit.
You are solely responsible for the security of your Gift Card. GoNoise is not liable for any misuse resulting from the loss of confidential details.
Gift Cards cannot be reissued or extended after expiration.
There are no fees or additional charges for purchasing a Gift Card.
Gift Cards, once purchased, cannot be cancelled or refunded.
Gift Cards are issued in Indian Rupees (INR) only.
Kindly refer here for more details:-
www.biba.in/terms-of-use
OVERVIEW
This website (www.bewakoof.com) "site" or "website", is operated by Bewakoof Brands Private Limited . Throughout the site, the terms "we", "us" and "our" refer to Bewakoof having its registered office at Prithvi Complex, BLDG NO- P-8, Gr, 1st and 2nd Floor Village Kalher, Taluka Bhiwandi, Thane, Maharashtra, 421302 India , with CIN U74999MH2011PTC220994 . We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. We will periodically inform you of any change in the rules and regulations, privacy policy or the Terms of Service. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. [A user can register on the website by providing the registration details and create an account for ordering any of the products or availing any Services. You may delete your account at any time. However, we may maintain backup of your registration information for such time as may be required under applicable laws. You are solely responsible for maintaining the confidentiality of your account and password and for any activity that occurs in or through your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You should take all necessary steps to ensure that the password is kept confidential and secure.]
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content/information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We will remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the site is governed by our Privacy Policy. To view our Privacy Policy, please click here.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
You must not host, display, modify, publish, transmit, store, update or share any information that:
i. belongs to another person and to which the user does not have any right;
ii. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
iii. is harmful to child;
iv. infringes any patent, trademark, copyright or other proprietary rights;
v. deceives or misleads the addressee about the origin of the message or knowingly and
vi. intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
vii. impersonates another person;
viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
ix. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and
i. violates any law for the time being in force.
In addition to prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) to collect or track the personal information of others; (b) to spam, phish, pharm, pretext, spider, crawl, or scrape; or (c) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We expressly disclaim any liability in relation to the images which are uploaded by users whether by themselves or by way of any third party tool available on the platform are not facilitated by Bewakoof. When the user uploads or choses an image, the user declares that the image does not violate any third party intellectual property rights. In the use of any Generative AI features, the user is aware of the possibility of inherent fallibility or unreliability of the output.
In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service.
BEWAKOOF TRIBE
Welcome to the terms and conditions ("Tribe Terms") for Bewakoof TriBe. These Tribe Terms are between you and Bewakoof Brands Private Limited and/or its affiliates ("Bewakoof" or "Us") and govern our respective rights and obligations. Please note that your use of the Bewakoof.com website and subscription to Bewakoof TriBe membership are also governed by all other applicable terms, conditions, limitations, and requirements on the Bewakoof.com website, all of which (as changed over time) are incorporated into these Tribe Terms. If you sign up for a Bewakoof Tribe membership, you accept these terms, conditions, limitations and requirements.
Promotional Trial Memberships
We may sometimes offer trials or other promotional memberships to certain customers, which are subject to these Tribe Terms except as otherwise stated in the relevant promotional offers. Such trial or promotional memberships may be subject to conditions prescribed by Bewakoof. These relevant conditions and the term / tenure for such promotional memberships may be different from the Tribe Terms.
Membership Term
Bewakoof TriBe membership may be offered by Bewakoof for different terms and tenures. The key membership are described as under:
TriBe Membership Plan Term Fee
Annual TriBe Membership Yearly (valid for 12 months from date of activation) Rs. 399 (Inclusive of all taxes)
Half-yearly TriBe Membership Half-yearly (valid for 6 months from date of activation) Rs. 299 (Inclusive of all taxes)
You may select the Bewakoof TriBe membership plan of your choice and you can change the membership plan at any time. The payment method(s) eligible to be used for different TriBe membership plans may vary, and Bewakoof reserves the sole right to determine the eligible payment methods for each TriBe membership plan.
Fees
The membership fee for Bewakoof TriBe is stated above, for different membership terms, such as a half-yearly or annual TriBe membership, which are offered. The TriBe membership fee is non-refundable except as expressly set forth in these Tribe Terms. All applicable taxes are included in either or both of the membership fee.
Your TriBe membership will automatically be cancelled after the period is completed and would not be auto-renewed. You will need to purchase the membership again to continue and enjoy the privileges of a Bewakoof TriBe member.
By signing-up for TriBe membership, you confirm that you are a resident of India. You cannot use a credit or debit card issued outside India to pay for any membership fee for Bewakoof TriBe. You cannot pay for membership fee for Bewakoof TriBe using Pay on Delivery (POD). Paid Bewakoof TriBe membership only becomes effective upon successful authorization of payment through the Bewakoof.com website (as the case may be).
Delivery Benefits and Eligible Purchases for Bewakoof TriBe
Bewakoof TriBe Delivery Benefits depends upon inventory availability, order deadlines, and the delivery address. They are limited to certain products sold on the Bewakoof.com website. Products eligible for Bewakoof TriBe will be designated as such on their product pages. If only some items in your order are eligible for Bewakoof TriBe, you will pay applicable charges for the ineligible items. For items that are not available for fast delivery, Bewakoof TriBe customers will receive free standard delivery. Changing or combining orders, or changing your delivery address, speed, or preferences might affect Bewakoof TriBe eligibility. Certain purchases may only be entitled to standard shipping because of their size, weight, and other shipping characteristics.
Other Limitations
We reserve the right to accept or refuse membership in our discretion.
We may send you email and other communications related to Bewakoof TriBe and your Bewakoof TriBe membership (regardless of any settings or preferences related to your Bewakoof account).
You may not transfer or assign your Bewakoof TriBe membership or any Bewakoof TriBe benefits, except as allowed in these Terms.
Bewakoof TriBe members are not permitted to purchase products for the purpose of resale, rental, or to ship to their customers or potential customers using Bewakoof TriBe benefits.
From time to time, Bewakoof may choose in its sole discretion to add or remove Bewakoof TriBe membership benefits.
Membership Activation
Your paid Bewakoof TriBe membership will be activated only on successful payment for Bewakoof TriBe membership made through the Bewakoof.com website.
Membership Cancellation
You may cancel your Paid Bewakoof TriBe membership any time by visiting Your Account and adjusting your membership settings. If you cancel a Bewakoof TriBe membership, the membership fee will be not be refunded in any case.
Termination by Us
We may terminate your Bewakoof TriBe membership at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the remaining term of your then membership term, whether annual or half-yearly. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the Bewakoof TriBe membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS MENTIONED AT BEWAKOOF.COM WEBSITE, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO BEWAKOOF TRIBE. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR BEWAKOOF TRIBE MEMBERSHIP.
INDEMNIFICATION
You agree to indemnify, defend and hold us harmless including our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
FORCE MAJEURE
Notwithstanding any other provision set forth in these Terms, we shall not be liable for any failure or delay in providing access to this website or the Services or any products due to any cause beyond our reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labour difficulties, industry-wide supplier failures, unavailability of materials, governmental acts, network failure, internet shutdown, computer hacking, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, etc.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW AND JURISDICTION
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.
CHANGES TO TERMS OF SERVICE
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at care@bewakoof.com.
Grievance Redressal
Any discrepancies and grievances with respect to processing of SPDI shall be informed to the designated Grievance Officer under the IT Act as mentioned below:
Name: Labeesh Lakshmanan
Email: care@bewakoof.com
NODAL OFFICER
Name: Labeesh Lakshmanan
Email: care@bewakoof.com
Welcome to HealthKart.com ('Website') online website (including its mobile version) and mobile application (collectively the “Website”), is an online service owned, operated and managed by Bright Nutricare Private Limited, having its registered office at Unit No. 713, 7th Floor, Devika Tower, Nehru Place, New Delhi 110019 and having its principal place of business at 1st Floor, Tower B, The Presidency, Opp. Govt. Girls College, Sector 14, MG Road, Gurugram, Haryana 122001 (hereinafter referred to as “HealthKart”, “we” or “us”). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time ('User Agreement'), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at care@healthkart.com or call us on 0124-4616444 . We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
Ownership of rights:
Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of HealthKart. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by HealthKart or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
Accuracy of content and invitation to offer:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. Services however are listed exclusive of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of HealthKart prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
General Terms of Use:
Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;
User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the HealthKart and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
HealthKart strives to provide best prices possible on products and services to users buying or availing from the Website. However, HealthKart does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the HealthKart;
HealthKart has a network of vendors and reserves the right to pass on the orders to any of the vendor for fulfillment.
The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
All offers on Products shall be for limited stocks and are for limited period(s). HealthKart may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
A promo code, once used shall not be refunded in case of cancellation of order either by Customer or HealthKart;
We don't run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user's explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
All products sold on HealthKart.com through our sellers are genuine. All sellers listing their products on HealthKart.com are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on HealthKart.com. However this guarantee is not applicable for manufacturing defects.
In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer;
HealthKart may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. HealthKart's decision of cancellation of order shall be final and HealthKart shall not be liable for such cancellation(s) whatsoever;
Expected delivery time as mentioned on website may vary than the usual time of delivery;
HealthKart strives to provide accurate products, services and 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 in pricing or product or service information, HealthKart may, at its discretion, either contact User for instructions or cancel the User's order and will notify the User about such cancellation;
HealthKart shall have right to modify the price of a product or service any time, except third party products, without any prior information.
Cancellation by HealthKart: There may be certain orders that HealthKart is unable to accept and must cancel. HealthKart reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User's order includes, without limitation, nonavailability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by HealthKart's credit and fraud avoidance department;
HealthKart may also require additional verifications or information before accepting any order. HealthKart will contact the User if all or any portion of User's order is cancelled or if additional information is required to accept the User's order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User's credit card account;
Cancellation by the User: In case of requests for order cancellations, HealthKart, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if HealthKart receives a cancellation notice and the order has not been processed/ approved by HealthKart, HealthKart shall cancel the order and refund the entire amount to User within a reasonable period of time; One cancellation is allowed in 24 hours.;
HealthKart will not be able to cancel orders that have already been processed, it is pertinent to note that the HealthKart has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the HealthKart is acceptable to User and User shall not create any dispute on the decision taken by HealthKart on cancellation;
HealthKart reserves the right to cancel any orders that classify as 'Bulk Order' as determined by HealthKart as per certain criteria. HealthKart Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:
Products ordered are not for self-consumption but for commercial resale;
Multiple orders placed for same product at the same address;
Bulk quantity of the same product ordered;
Invalid address given in order details;
Any malpractice used to place the order.
HealthKart Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
Limitation of Liability: Under no circumstances HealthKart's liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only.
Usage Restrictions:
You shall not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer / network systems.
Interfering with any other person's use or enjoyment of the Website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Website or its content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other users of the Website;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the content on the Website or other information available from the Website;
framing or hotlinking or deeplinking any content on the Website.
Quantity Restrictions:
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
Pricing Information:
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice.
Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.
Any listing for failed transactions will be shown in the order history section for upto 30 days only. Please contact your Bank/Issuers for disputes regarding unsettled case of pending payments that we did not receive and marked "Failed"
Indemnity:
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi. All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.
You agree to defend, indemnify and hold harmless HealthKart, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to HealthKart or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Eligibility to use:
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
Privacy:
IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.
All the information provided to us by you, including sensitive personal information, is voluntary. You have the right to withdraw your consent at any time, in accordance with the terms of this User Agreement, but please note that withdrawal of consent will not be retroactive.
You can access, modify, correct and eliminate the data about you which has been collected pursuant to your decision to become a user of the Website. If you update any information relating to you, we may keep a copy of the information which you originally provided to us in its archives.
Due to the communications standards on the Internet, when you visit the Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve our service.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us and our service providers for the technical administration of the Website, research and development, and for administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies.
We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.
We allow other companies, to serve advertisements to you. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. We may "target" some ads to you that fit a certain general profile. We do NOT use personally identifiable information to target ads.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of you access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.
This privacy policy applies to websites and services that are operated and managed by us. We do not exercise control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which we are not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of the website, the website's provider, or the information on the website. We encourage you to read the privacy policies of that website.
The Website may enable you to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a manner.
We value the privacy of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law. Notwithstanding the above, we may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. We do not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.
Refusal of service:
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
Promotional Communications
"We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the "unsubscribe" link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service".
Financial Details:
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
Communication:
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.
Website feedback, user comments and user generated content:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark:
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us . Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The HealthKart names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of HealthKart or licensed to HealthKart. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of HealthKart or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this W
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TERMS & CONDITIONS
This document is an electronic record as per the Information Technology Act, 2000 & rules thereunder and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. It is published following the provisions of rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of www.getketch.com. Please read the following terms and conditions very carefully as the use of our services is subject to your acceptance of and compliance with the following terms and conditions. By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to it or use the services. If you do not want to be bound by the terms, you must not subscribe nor use our services.
Introduction
Welcome to the website of getketch.com, a service provided, owned and operated by Brand Studio Lifestyle Private Limited (BSPL). Its Registered Office is in Bangalore. For using getketch.com you are deemed to have accepted the terms and conditions of the agreement listed below, which may be revised from time to time for an indefinite period. You agree that you are bound by such terms till the time you access our services. If you want to ask us anything about terms & conditions or have any queries about getketch.com, please write to us at care@getketch.com.
User Account, Password, and Security:
If you use our platform, you shall be responsible for maintaining the confidentiality of your display name and password and for all activities that occur in your account. You agree that if you provide any information that is untrue, inaccurate or incomplete, we shall have the right to indefinitely suspend/ terminate/ block your access on the platform.
You agree to
immediately notify us of any unauthorized use/breach of your password or account and
ensure that you exit from your account at the end of each session.
Services Offered:
We provide several Internet-based services through the platform. One such service enables users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands. They can be purchased from various modes of payment. The purchase of products shall be additionally governed by the specific policies of sale, like cancellation policy, exchange policy, return policy etc (refer to FAQ tab). It is clarified that at the time of creating a return request, users are required to confirm that the product being returned is unused and its original tags are intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined. In case the return request is declined, the user shall not be eligible for a refund, and we assume no liability in this regard. Furthermore, in case the customer fails to accept the receipt of the said re-shipped product, the customer shall continue to be ineligible for a refund, and we assume no liability concerning the return or refund of the said re-shipped product. In addition, these Terms of Use may further be supplemented by product-specific conditions.
We at getketch.com strive to maintain the accuracy, reliability of products among others to deliver a hassle-free experience. However, we do not assume liability in this regard.
User Conduct and Rules on the Platform:
You agree, undertake and confirm that the use of our platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right to.
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
is misleading in any way.
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory.
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides instructional information about activities such as making or buying illegal weapons, violating someone's privacy, or creating computer viruses.
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the platform or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the platform or solicits passwords or personal information for commercial or unlawful purposes from other users.
interferes with other user’s use and enjoyment of the platform.
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or involves the sale of counterfeit or stolen products
violates any law for the time being in force
threatens the unity, integrity, defence, 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 any other nation
is false, inaccurate or misleading
cause us any lose of (in whole or part) the services of Our Internet Service Provider ("ISPs") or other suppliers
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios is met:
Users doesn't reply to the payment verification mail sent by us
Users fails to produce adequate documents during the payment details verification
Misuse other user’s phone/email
Using an invalid address, email and phone number
Overuse a voucher code
Use a special voucher not tagged to the registered email ID.
User returns the wrong product
User refuses to pay for an order
User is involved in the snatch and run of any order
Miscellaneous activities are conducted with the sole intention to cause loss of business/revenue to us
User with a very high return rate
Repeated request for monetary compensation of fake/used order.
We may also cancel any order that classifies as unfulfillable order due to any unforeseeable circumstances or technical glitch or quality check before dispatch at our warehouse or at any stage of the product delivery without prior information to customer.
We may cancel any order that classifies as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. The order can be classified as 'Bulk Order'/'Fraud Order' if it meets the below-mentioned criteria or any additional criteria as defined by us:
Products ordered are not for self-consumption but for commercial purposes.
Multiple orders are placed for the same product at the same address, depending on the product category.
Bulk quantity of the same product is ordered
The invalid address is given in the order details
Any malpractice used to place the order
Any promotional voucher used for placing the 'Bulk Order' may not be refunded
Any order placed using a technological glitch/loophole.
You shall not use the platform for any unlawful and fraudulent purposes, which may cause annoyance, inconvenience and abuse of any policy and rules of the company and interrupt or causes to interrupt/damage the use of the platform by other users.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise mislead us by sharing multiple addresses and phone numbers or transacting with mala fide intentions.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
You shall not attempt to gain any unauthorized access to any portion or feature of the platform, or any other systems or networks connected to the platform or to any server, computer, network, or to any of the services offered on or through the platform, by hacking, password "mining" or any other illegitimate means.
You should not pretend that you are or represent someone else, or impersonate any other individual or entity.
You shall ensure the full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Services Tax, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction of an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
The content posted does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information that it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
We value feedback from our customers.
All relevant reviews received are checked before making them live on the website.
All relevant reviews are made live post our Customer Service Team's interaction with verified customers.
We hereby disclaim any guarantees of exactness as to the look, appearance, size, color etc., of the final product as ordered by the user. Our Return & Exchange Policy offers you the option to return or exchange items purchased from our portal within the return/exchange period for 1 time per order (Please read the Product Detail Page to see the number of days up to which a product can be returned/exchanged, post-delivery). In case of the return of the purchased item, please refer to the "Return Policy" on our portal.
We make sure that your orders are verified & perfectly packed when they are dispatched from our order-processing unit. However, it goes through multiple touch points at our logistics partner before reaching you. We urge you to not accept any tampered / unsealed packages. Also, we humbly request you to share a parcel opening video footage without pause & cut along with the claim for any missing product/damaged product.
Ketch Wallet Terms and Conditions
Instant credit is offered in the wallet, allowing immediate access to funds. However, it's important to note that any partial payments must be covered using prepaid payment options available on checkout page.
Please note that any exceptional refunds will be processed to Ketch wallet and cannot be transferred to account.
Ketch wallet credits cannot be transferred to account.
Terms and Conditions for Product Reviews & Face of the Week-
By participating in the "Feature On Website" (FOW) contest, you agree to abide by these terms and conditions.
To enter the FOW contest, you must:
a. Purchase an outfit from Getketch.com.
b. Take a clear picture of yourself wearing the purchased outfit.
c. Post a review along with the picture under the respective order under "my orders" section on Getketch.com.
By posting your review and picture, you grant Getketch.com the right to feature your image and review on the website.
Participants stand a chance to win Rs.2500/- in Ketch Wallet credit by participating in the FOW contest. The winner will be selected by Getketch.com based on the quality of the review and picture.
Getketch.com reserves the sole right to select the participants and winner of the FOW contest.
Winners will be notified through email or any other mode of communication deemed appropriate by Getketch.com.
By participating in the FOW contest, you consent to the use of your name, image, and review for promotional purposes by Getketch.com.
Getketch.com reserves the right to modify or cancel the FOW contest at any time without prior notice.
Employees of Getketch.com and their immediate family members are not eligible to participate in the FOW contest.
Participation in the FOW contest implies acceptance of these terms and conditions in full.
Mobikwik Cashback Offer Terms & Conditions:
Get up to 15% Cashback on paying via Mobikwik wallet @ KETCH
Offer valid on a minimum transaction of Rs.999
Offer valid once per user in a month
Offer Valid Till June 30th, 2024.
No Coupon Code is Required to avail of the offer.
Terms & Conditions for Coupons:
These promotions are time bound and details of current valid coupons the promotion will be available on the App and desktop https://getketch.com/coupon
The offer might get communicated to customers via social media notification or e-mailers or sms which will land users on the offer page.
The offer will be available for select set of styles, App and desktop banners will link to list of styles where offer is running.
As a part of offer there will be extra discounts provided on the selected catalogue applicable for this offer. These discounts will be rendered through coupons as communicated in the offer.
Coupon discount is over and above the discounts running on products and is calculated on post discounted price.
As a part of the construct, some coupons get applicable only if the total value of post discounted price of all the products in the shopping cart exceeds a minimum threshold as mentioned. "Add Coupon" within Shopping Cart. Some coupon benefits can be availed once per customer.
Multiple coupons code can’t be clubbed together in one transaction.
Coupon benefit not valid if Bill Value reduces due to returns & Refund value will be processed excluding coupon discount.
Brand studio lifestyle Pvt Ltd. reserves the right to amend the terms and conditions from time to time for usage of coupon as required.
Coupon not applicable on Deal of the day items.
Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is either in-house or third-party user-generated content and we have no control over such third-party user-generated content as we are merely an intermediary for this Terms of Use. We shall be entitled to, consistent with Our Privacy Policy as adopted following applicable law, use the content or any of its elements for any type of use forever, including, but not limited to, promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content you provide on the platform.
You may use the information of the products and services purposely made available on the platform for downloading, provided that you
do not remove any proprietary notice language in all copies of such documents,
use such information only for your personal, non-commercial purpose and do not copy or post such information on any networked computer or broadcast it in any media,
make no modifications to any such information, and
do not make any additional representations or offer a warranty related to such documents.
Disclaimer of Warranties and Liabilities:
All the materials, products (including, but not limited to, software) and services, made available to you through our platform are provided on an "as is" and "as available" basis without any representation or warranty, express or implied except otherwise specified in writing. We do not warrant that: platform will be constantly available, or available at all or the information on the platform is complete, true, accurate or non-misleading.
All the Products sold on the platform are governed by different state laws and if the seller is unable to deliver the products due to implications of different state laws, the seller will return or will credit the amount (if any) received in advance by the seller from the sale of such product that could not be delivered to you. You will be required to enter a valid phone number while placing an order on the platform. By registering your phone number with us, you give consent to us to contact you via phone calls and/or SMS notifications, for any order/shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
E-Platform for Communication:
You agree, understand and acknowledge that it is an online platform that enables you to purchase products listed on the platform at an indicated price at any time. You further agree and acknowledge that we are only a facilitator and is not and cannot be a party to any transactions on our platform.
Indemnity
You agree to defend, indemnify the employees, directors, officers, agents of getketch.com from and against any claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to getketch.com or any third party including, but not limited to, breach of any warranties, representations, undertakings or with the non-fulfilment of any of your obligations under this User Agreement.
Termination
This User Agreement is effective unless and until terminated by either you or getketch.com. You may terminate this User Agreement at any time by informing us in writing through the Indian Postal System by registered post, that you no longer wish to be associated with this website/app, provided that you discontinue any further use of this Website/app.
getketch.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/app. Such termination will be without any liability. Upon any termination of the User Agreement by either you or getketch.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website/app, as well as all copies of such materials, whether made under the User Agreement or otherwise. However, the rights of getketch.com to any comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website/app or affect any liability that may have arisen under the User Agreement.
Limitation of liability and disclaimers
The Website/app is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website/app.
The Website/app provides content from another Internet website/app or resources and while getketch.com tries to ensure that material included on the Website/app is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. getketch.com will not be responsible for any errors, omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website/app.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
Under applicable law, getketch.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website/app, its services or User Agreement.
Without prejudice to the generality of the section above, the total liability of getketch.com arising out of this User Agreement is limited to the amount charged to you, against the value of the products ordered by you.
The associates and technology partners of getketch.com make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website/app or that the operation of the Website/app will be error-free and/or uninterrupted. Consequently, getketch.com assumes no liability for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website/app; and/or any interruption or errors in the operation of the Website/app.
By providing your phone number to us, You give us consent to contact you via one call and/or SMS notifications, in case of any transactional messages (i.e.) order, shipment delivery, returns, refund-related updates. If your phone number is registered under the National Do Not Call Registry, we will not use your personal information to initiate any promotional phone calls or promotional SMS.
Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non-delivery of order or signature verification) shall be notified to us within 48 Hours from the alleged date of delivery of product reflecting on our portal. Non-notification by you of non-receipt or non-delivery within the period specified shall be construed as a deemed delivery in respect of that transaction. We disclaim any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 48 Hours from the alleged date of delivery of product reflecting on our portal.
Entire agreement
If any part of this agreement is determined to be invalid or unenforceable according to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the rest of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and getketch.com concerning the getketch.com website/app/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and getketch.com concerning the getketch.com website/app/services. getketch.com's failure to act concerning a breach by you or others does not waive its right to act concerning subsequent or similar breaches.
Privacy policy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view the protection of your privacy as a very important community principle. We understand clearly that you and your Information is one of our most important assets. We store and process Your Information on computers located in India and abroad that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way please do not use the Website/app.
Governing law and jurisdiction
This User Agreement shall be construed following the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Brand Studio Lifestyle Private Limited. and his decision shall be final and binding on the parties hereto. The above arbitration shall be following the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.
Modification of terms and conditions of service
getketch.com may at any time modify the User Agreement without any prior notification to you. After any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on getketch.com. You can access the latest version of the User Agreement at any given time on getketch.com. You should regularly review the User Agreement on getketch.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.
Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Mr. Mahesh Birla
Designation: General Manager, Finance
Brand Studio Lifestyle Pvt Ltd,
Hosur Road, Bangalore, Karnataka : 560068, India
Contact us: info@brandstudiolifestyle.com
Phone: +91-80-45333500
Time: Mon - Fri (9:00 - 18:00)
IT Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the IT Grievance Officer are provided below:
Mr. Dhinakar
Designation: IT Head
Brand Studio Lifestyle Pvt Ltd,
Hosur Road, Bangalore, Karnataka : 560068, India
Contact us: dhina@brandstudiolifestyle.com
Phone: +91-80-45333500
Time: Mon - Fri (9:00 - 18:00)
Flat ₹200 OFF – Applicable for minimum order value of ₹1,999
TERMS & CONDITIONS
1INTRODUCTION:
A
Welcome to www.muscleblaze.com an online website (including its mobile version) and mobile application (collectively the "Website" ), which is operated and managed by Bright Nutricare Private Limited, having its registered office at Unit No. 713, 7th Floor, Devika Tower, Nehru Place, New Delhi 110019 and having its principal place of business at 1st Floor, Tower B, The Presidency, Opp. Govt. Girls College, Sector 14, MG Road, Gurugram, Haryana 122001 (hereinafter referred to as "Company", "we", "our" or "us").
B
The "Services" we provide or make available include: (i) the Website, (ii) the services provided by the Website and by client software made available through the Website, and (iii) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including any mobile application services) or other materials made available through the Website or its related services ("Content"). These terms and conditions govern your use of the Services provided by us.
C
If you are using the Services (the "User", "you" or "your") by using, accessing or browsing the Website and/ or registering an account with us, you acknowledge and agree that you have read, understood and agree to be bound by these Terms and Conditions in addition to the applicable laws and regulations of India, the policies referenced herein and/ or accessible by hyperlink hereto such as the Return, Refund and Cancellation Policy and the Privacy Policy on the Website (collectively, the "User Agreement").
D
We reserve the right, at our sole discretion, to change, modify, add or remove these Terms and Conditions from time to time without any prior notification to you, and it is your responsibility to look through them as soon as possible. Your continued use of the Website and/ or the Services following the posting of changes shall mean that you accept and agree to such revisions.
E
The version of the User Agreement that will apply to your order will be those uploaded on the Website at the time you access or browse or use or place your order. The User Agreement do not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services.
F
Please read User Agreement carefully before using the Website or opening a user account ("Account") so that you are aware of your legal rights and obligations with respect to the Company and the use of the Services. The Website is available for your use only on the condition that you agree to all the terms and conditions of the User Agreement. If you do not agree to all of the terms and conditions of the User Agreement, do not access the Website or use the Services. You are also responsible for ensuring that all persons who access the Website through your Account comply with the User Agreement.
G
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession and use any item purchased from the Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner and subject to the provisions of the User Agreement.
H
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2LIMITED LICENCE
A
We hereby grant you non-exclusive, non-transferable, limited and revocable license, without the right to sub-license, in accordance with the provisions of User Agreement, to access and use the Services subject to the terms and conditions of the User Agreement. No right or licence is granted directly or indirectly in any proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed on or accessible via the Website (the "Intellectual Property") to any party accessing the Website to use or reproduce any Intellectual Property, and no party accessing the Website shall claim any right, title or interest therein. All such materials on the Website are subject to and protected by intellectual property laws and rights that are applicable in India. By using or accessing the Services, you agree to comply with the copyright, trademark, service mark and all other applicable laws that protect the Services, the Website and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Website or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the Website or Content on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Website).
3ELIGIBILITY TO USE:
A
In accordance with the applicable Indian laws, please do not enter this Website if you are under the age of 18. Exit the Website immediately if you are under the age of 18 as the Website is not supposed to and neither is designed for the purpose of attracting and marketing to users under the age of 18. By entering our Website, you agree that you are at least 18 years of age or older, and are capable, competent and able to comprehend the User Agreement. We do not authorize anyone nor collect information from any person who represents to be under the age of 18. If you are under the age of 18, you are neither permitted nor allowed to disclose and/ or send us any information that may be personal or otherwise can be traced to your personal being. Any transaction you make through this Website as a person under the age of 18 would be void and we would not be responsible for the compensation of any such transaction and/ or payment so made for the Products/ subscriptions available on the Website. This Website and all its Content are regulated and operated from India and any information, personal or otherwise, so provided during the usage of this Website, is regulated, and governed by the privacy laws of India.
B
An individual representing a company, partnership firm or sole proprietorship, shall be eligible to access the Website and place the order on its behalf only if such individual has been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/ or under the charter documents of such entity.
C
We reserve the right to, with prior notice: (i) suspend or terminate your Account, (ii) revoke your access to the Website, (iii) remove any Content associated with your Account, (iv) cancel or suspend any transactions associated with your Account, (v) withhold refunds, and/ or (vi) take any other actions that we deem necessary if you are found in contravention of the terms and conditions of the User Agreement and/ or of the applicable laws and regulations of India.
D
Notwithstanding anything contained herein, if you breach the User Agreement, the Company reserves the right to take any legal or other action against you, including but not limited to, denying or revoking access to the Website and referral to the appropriate authorities.
E
Please note that you may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules and regulations pertaining to your use of the Website.
4AVAILABILITY OF THE WEBSITE AND THE SERVICES
A
The Company does not guarantee that the Website or Services will be compatible with all hardware and software which you may use. The Company shall not be responsible for any issues in connection with equipment or intermediary platforms, browsers or applications that you use to access the Website and the Services.
B
As the Website is dependent on other third-party service providers for certain operational aspects (such as website domain hosts and payment services providers), and also due to the nature of the Internet, the Company makes no warranty that your access to the Website or use of the Services will be uninterrupted, timely or error-free, or will be free of viruses, worms and /or other harmful or invasive elements. We shall not be liable to you where access to the Website or the provision of Services is disrupted for any reason not within the control of the Company.
C
We may, from time to time, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services. In such cases, we shall ensure that it does not impact your right(s) in respect of the Services already availed by you.
D
The Website undergoes ad-hoc maintenance as the Company deems necessary, and we shall notify you. During the period of maintenance, you may not be able to avail the Service. However, we will ensure that it does not impact your right(s) in respect of the Services already availed by you.
E
Whilst the Company will use commercially reasonable efforts to make the Services available to you without any interruption, it does not guarantee that the Services will be fault-free. If a fault occurs with the Service, you should report it to us, and we will attempt to correct the fault as soon as practicable.
5PRODUCTS:
A
We sell certain products through the Website (the "Product(s)"). The Products or any sample thereof are for personal use only and you may not sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise.
B
We make no representation(s) that the Products are appropriate for particular use or available for purchase. The inclusion of any Product or services on the Website at a particular time does not imply or warrant that these Products will be available at any time. You use the Website and purchase the Products solely at your own risk. The Products are in compliance with applicable laws and regulations on safety and quality of the Products. Except where additional terms and conditions are provided which are Product-specific, the terms in the User Agreement supersede all previous representations, understandings and/ or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
6PURCHASE AND PAYMENT
A
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. We provide secure digital payment method and channels in accordance with the technical and regulatory standards approved or specified under the applicable laws.
B
For all charges or deposits for any Products ordered by you on or through the Website, we will bill your bank card or any alternative payment methods offered, and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment, you represent to us that you are the authorized user of the bank card that is used to pay for the Products and Services. In the event legal action is necessary to collect on balances due, you agree to reimburse us or our agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. We shall issue an invoice in compliance with applicable rules and regulations in India. Additional applicable tax may apply to online transactions made through the Website.
C
We take no responsibility and assume no liability for any loss or damages to you arising from shipping information and/ or payment information entered by you. We reserve the right to check whether you are duly authorised to use certain payment methods and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
7SHIPPING AND DELIVERY:
A
All Products purchased from the Website shall be delivered by the Company to you by standard courier services through its logistics partner(s) to the shipping address designated by you (as long as that shipping address is compliant with shipping restrictions).
B
You may return and claim refund or replace a Product purchased from the Website in accordance with our Return, Refund and Cancellation Policy available on the Website. Nothing herein is meant to limit your return or cancellation rights under the applicable laws.
C
Delivery of the Products shall be subject to the following delivery conditions:
We may require verification of information prior to the acceptance and/ or shipment of any order.
In case the User is not reachable or does not accept delivery of Product(s), the Company reserves the right to cancel the order(s) and refund if the payment is already made, without any liability, and we shall inform you accordingly.
All orders placed from Monday to Friday (excluding public holidays) will have an estimated time of delivery within fourteen (14) working days upon confirmation of payment. This could vary with circumstances such as online security checks, force majeure, shipping restrictions, payment authorization, packing and dispatching of order et cetera. An email confirmation will be sent to you for all orders once received.
Expected delivery times may vary from the timings estimated on the Website.
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.
Sometimes, delivery may take longer due to, inter alia,
-- bad weather;
-- flight delays;
-- political disruptions;
-- force majeure;
-- Logistical impediments; or
-- any other unforeseen circumstances.
No deliveries of the Products shall be made or accepted outside the territorial boundaries of India.
In case a User purchases multiple Products in one transaction, the Company may deliver the same together. However, this may not always be possible and shall be subject to availability of stock or logistical restrictions.
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.
D
We shall not be responsible and liable in case of delay in delivery of the Products. If it will not be possible for you to benefit from the Products due to delayed receipt, you shall have right to return the Products and claim refund in accordance with the Return, Refund and Cancellation Policy available on the Website.
E
The User may cancel the order before it is shipped. If it is a prepaid order, the price of the Product will be refunded to the original payment source or payment wallet of the User who had placed the order, in accordance with the options chosen by the User, after the order is successfully cancelled.
F
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance or confirmation of an order. We reserve the right, with notice to you, to limit the order quantity on any Product and/ or to refuse service to any customer.
G
For any queries in relation to the return and refund or cancellation of Products or any order, please refer to our Return, Refund and Cancellation Policy available on the Website.
8USER REGISTRATION:
A
Your Account: Access to and use of password protected and/ or secure areas of the Website and/ or use of the Services are restricted to Users with a registered account only. You may create and hold one (1) Account only. You will be responsible for maintaining confidentiality of your account, password and controlling access to your account, and you hereby accept responsibility for all activities that occur using your Account. Each Account is non-transferrable and may not be sold, traded, combined or otherwise shared with any other person.
B
In registering for an Account, you shall provide accurate and complete registration information. We reserve the right at any time to request for additional information or supporting documents to verify the veracity of any information provided or in connection with your use of the Services. You shall ensure that your Account information is accurate and up to date. Such personal information will be stored securely. If you refuse to divulge such information and/ or data or if you provide and we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data, we reserve the right to suspend or terminate your Account and/or refuse use of part or all of the Services post notice to you.
C
If you are accessing or browsing or using the Website on someone else's behalf, you represent that you have the authority to bind that person to the User Agreement herein. In the event that the person refuses to be bound as the principal to the User Agreement, you agree to accept liability and indemnify the Company against any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
D
You may not obtain or attempt to obtain unauthorised access to such parts of this Website and/ or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the applicable Indian laws.
E
If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password temporarily or permanently block or suspend your account, post notice to you, without any liability to the Company.
F
You are solely responsible for all information or Comments that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy and other applicable laws.
G
You are fully responsible for all activities that occur using your Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this section.
9ACCURACY OF CONTENT AND INVITATON TO OFFER:
A
While describing our Products and other information on the Website, we endeavour to be as accurate as possible, in particular to ensure that prices quoted are correct at the time of publishing, and all Products have been fairly described. However, there can be negligible difference, including the typographical errors. Such differences may also relate to pricing and availability of the Product. Hence, we do not warrant that that Products conform to the pictures as displayed on the Website, or that Content is accurate, complete, reliable, current or error-free. Please note that the Product pictures are indicative and may not match the actual Product. While we make all reasonable efforts to accurately display the attributes of the Products, including the applicable colours, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. All Contents are subject to change at any time without notice. Prices are displayed inclusive of Goods and Service Tax ("GST"). The packaging of the Products may vary from that shown on the Website.
B
All the Products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of the User Agreement.
C
We reserve the right to accept or reject your offer in part or in full. The Company's decision to reject or cancel the order shall be final, and the Company shall not be liable for such rejection(s) or cancellation(s), whatsoever. Our acceptance of your order will take place upon dispatch of the Product(s) ordered. Dispatch of all the Product(s) ordered may or may not happen at the same time. In such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us, and we reserve the right to accept or reject such balance order. No act or omission of the Company prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/ or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/ contact you again to confirm dispatch and therefore, acceptance of the order. Please note that we may change, suspend or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product may be subject to change without notice or liability.
D
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by us.
10USAGE RESTRICTIONS:
A
The Company is not responsible for any damages resulting from your using the Website. You shall not use the Website for any of the following purposes, as well as the purposes which are expressly prohibited under the applicable laws.
(i)
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
(ii)
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
(iii)
gaining unauthorized access to other computer/network systems;
(iv)
interfering with any other person's use or enjoyment of the Website;
(v)
breaching any applicable laws;
(vi)
interfering or disrupting networks or websites connected to the Services;
(vii)
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
(viii)
harming minors in any way;
(ix)
infringing any patent, trademark, copyright or other proprietary rights;
(x)
violating any law for the time being in force;
(xi)
deceiving or misleading the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(xii)
impersonating another person or using a fraudulent computer network protocol address;
(xiii)
deploying software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website and cause them to stop functioning or being impaired, or resulting in crashing, deletion, omission, destruction or alteration of the program, system, website data or information; and/or
(xiv)
threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
B
You shall not host, display, upload, modify, publish, transmit, store, update or share any Content or information that:
(i)
belongs to another person and to which the User does not have any right to access;
(ii)
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, racially or ethnically objectionable, disparaging;
(iii)
is harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous or hateful to any person or groups of people, including minors;
(iv)
infringes any patent, trademark, copyright or other proprietary rights;
(v)
violates any law for the time being in force, including any laws and regulations against money-laundering, terrorism-financing or gambling, or is otherwise inconsistent with or contrary to any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation;
(vi)
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii)
impersonates another person;
(viii)
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
(ix)
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
(x)
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and/or
(xi)
is expressly or impliedly prohibited under the applicable laws in Combatting Rumours and Cybercrimes,
C
You are also prohibited from:
(i)
violating or attempting to violate the integrity or security of the Website or its Content;
(ii)
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
(iii)
intentionally submitting on the Website any incomplete, false or inaccurate information, or otherwise use the Website and/ or Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(iv)
use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury's Office of Foreign Assets Control, the UN Security Council, the European Union or the UK His Majesty's Treasury;
(v)
making any unsolicited communications to other Users of the Website;
(vi)
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
(vii)
harvest or collect any information about or regarding other Account holders, including any personal data or information;
(viii)
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
(ix)
copying or duplicating in any manner any Content or other information available from the Website;
(x)
framing or hotlinking or deep linking any Content;
(xi)
taking any action that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services and/or
(xii)
acting in contravention of the applicable laws on Combatting Rumours and Cybercrimes.
11QUANTITY RESTRICTIONS
A
We reserve the right, at our sole discretion, to limit the quantity of Products purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit/ debit card and also to orders that use the same billing and/ or shipping address. We will provide notification to the User should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
12PRICING INFORMATION:
A
The prices and availability of the Products, offers and Services provided or offered on the Website are subject to change at the sole discretion of the Company without prior notice or liability. We endeavour to be as accurate as possible; however, there can be negligible difference, including the typographical errors. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the Product ordered by you has been dispatched, your offer will not be deemed accepted, and we will have the right to modify the price of the Product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration or cancel the order and notify you of such cancellation. The payment for an order may be processed prior to dispatch of the Product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be refunded back to your original payment source after cancellation.
B
Promotional Offers/Discounts: Our promotional offers/ discounts may be limited to selected categories or may be limited stock offers. Coupon codes may or may not be applicable on selected categories of the Products or such other products or Services at the sole discretion of the Company. The prices displayed for each item under the promotion will be valid for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion. The Company may at its sole discretion modify, extend, update or withdraw the offers on the Products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the Website accordingly. A promo code once used may not be refunded in case of cancellation of order either by the User or the Company. In case of cash back offers extended by banks, the User will, in addition to these terms, be governed by the terms and conditions of the said bank/card issuer.
13INDEMNITY:
A
You agree to release, defend, indemnify and hold harmless the Company (including its licensors) its and their respective employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third-party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
B
When the Company is threatened with suit or sued by a third-party, the Company may seek written assurances from you concerning your promise to indemnify the Company. Your failure to provide such assurances may be considered by the Company to be a material breach of the User Agreement. The Company will have the right to participate in any defence by you of a third-party claim related to your use of any Content or Product, with counsel to be appointed by the Company at its expense. The Company may reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive our prior written consent regarding any related settlement. This section shall survive the expiry or termination of the User Agreement.
14PRIVACY:
A
The Company believes strongly in protecting the User's privacy and providing you with the information regarding the Company's privacy practices. Please refer to our Privacy Policy that is accessible at the Website.
B
Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services.
C
You acknowledge
Get an Additional 10% OFF (up to ₹250) Valid on a minimum order of ₹999.
Welcome to HealthKart.com ('Website') online website (including its mobile version) and mobile application (collectively the “Website”), is an online service owned, operated and managed by Bright Nutricare Private Limited, having its registered office at Unit No. 713, 7th Floor, Devika Tower, Nehru Place, New Delhi 110019 and having its principal place of business at 1st Floor, Tower B, The Presidency, Opp. Govt. Girls College, Sector 14, MG Road, Gurugram, Haryana 122001 (hereinafter referred to as “HealthKart”, “we” or “us”). In using/accessing the website, you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time ('User Agreement'), which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this Website. If you have any queries about the terms and conditions of this User Agreement or have any comments or complaints on or about the Website, please email us at care@healthkart.com or call us on 0124-4616444 . We reserve the right to change the terms and conditions of this User Agreement from time to time without any obligation to inform you and it is your responsibility to look through them as often as possible.
Ownership of rights:
Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the explicit permission of HealthKart. All information displayed, transmitted or carried on the Website is protected by copyright and other intellectual property laws. Copyrights and other intellectual property in respect of the some of the content on the Website may be owned by the third parties. This site is designed, updated and maintained by HealthKart or its licensors. You shall not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display or in any way commercially exploit any of the content available on the Website.
Accuracy of content and invitation to offer:
We have taken all care and precaution to try and provide accurate data and information. In the preparation of the content of this Website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. All prices are displayed inclusive of VAT. Services however are listed exclusive of service tax as rules for service tax vary with different services. Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery. All products/services and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of this User Agreement. We reserve the right to accept or reject your offer in part or in full. Our acceptance of your order will take place upon dispatch of the product(s) ordered. Dispatch of all the product(s) ordered, may or may not happen at the same time, in such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us and we reserve the right to accept or reject such balance order. No act or omission of HealthKart prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/contact you again to confirm dispatch and therefore acceptance of the order.
General Terms of Use:
Being eligible to use and by using the website/ transacting on the Mobile App or through any other mode of communication/ by making any purchase during the aforesaid tenure, User hereby agree to be bound by this Terms of Use;
User is hereby authorised to use the website for lawful purpose and for the purposes as mentioned under the policies of the HealthKart and Google only, any violation to the policy will lead to strict legal action against the User in terms of the policies and applicable laws;
HealthKart strives to provide best prices possible on products and services to users buying or availing from the Website. However, HealthKart does not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without notice or any consequential liability on the HealthKart;
HealthKart has a network of vendors and reserves the right to pass on the orders to any of the vendor for fulfillment.
The prices displayed for each item under the promotion will be for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion;
All offers on Products shall be for limited stocks and are for limited period(s). HealthKart may at its sole discretion modify, extend, update or withdraw the offers on products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the website accordingly;
A promo code, once used shall not be refunded in case of cancellation of order either by Customer or HealthKart;
We don't run the promotions that prompt users to initiate a purchase, download, or other commitment without first providing all relevant information and without obtaining the user's explicit consent promotions that represent our services in a way that is not accurate, realistic, and truthful;
All products sold on HealthKart.com through our sellers are genuine. All sellers listing their products on HealthKart.com are required to enter an agreement to list and sell only genuine products. And sellers determine the prices of the products they sell. We guarantee the condition of the item you buy when you purchase from sellers on HealthKart.com. However this guarantee is not applicable for manufacturing defects.
In case of Cash back offers extended by banks during the aforesaid period, user will, in addition to this Terms of Use Policy, be governed by the Terms and Conditions of the said bank/card issuer;
HealthKart may, at any time due to various reasons, including but not limited to technical errors, unavailability of stocks or for any other reasons whatsoever, cancel the orders placed by Users. HealthKart's decision of cancellation of order shall be final and HealthKart shall not be liable for such cancellation(s) whatsoever;
Expected delivery time as mentioned on website may vary than the usual time of delivery;
HealthKart strives to provide accurate products, services and 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 in pricing or product or service information, HealthKart may, at its discretion, either contact User for instructions or cancel the User's order and will notify the User about such cancellation;
HealthKart shall have right to modify the price of a product or service any time, except third party products, without any prior information.
Cancellation by HealthKart: There may be certain orders that HealthKart is unable to accept and must cancel. HealthKart reserves the right, at its sole discretion, to refuse or cancel any order for any reason whatsoever, without assigning any reason to the User, User accept and undertake that the same is acceptable and he/ she/ it will not contest/ raise any dispute on the same. The situations that may result in cancellation of User's order includes, without limitation, nonavailability of the product or quantities ordered by User, non- availability of the service, inaccuracies or errors in pricing information, or problems identified by HealthKart's credit and fraud avoidance department;
HealthKart may also require additional verifications or information before accepting any order. HealthKart will contact the User if all or any portion of User's order is cancelled or if additional information is required to accept the User's order. If the order is cancelled after credit card has been charged, the said amount will be reversed back in User's credit card account;
Cancellation by the User: In case of requests for order cancellations, HealthKart, at its sole discretion, reserves the right to accept or reject requests for order cancellations for any reason whatsoever, without assigning any reason to the User. As part of usual business practice, if HealthKart receives a cancellation notice and the order has not been processed/ approved by HealthKart, HealthKart shall cancel the order and refund the entire amount to User within a reasonable period of time; One cancellation is allowed in 24 hours.;
HealthKart will not be able to cancel orders that have already been processed, it is pertinent to note that the HealthKart has the full right to decide whether an order has been processed or not. User hereby agree and undertakes that the decision taken by the HealthKart is acceptable to User and User shall not create any dispute on the decision taken by HealthKart on cancellation;
HealthKart reserves the right to cancel any orders that classify as 'Bulk Order' as determined by HealthKart as per certain criteria. HealthKart Reward Point or Promo Code used for placing the 'Bulk Order' will not be refunded as per this cancellation policy. An order can be classified as 'Bulk Order' if it meets with the below mentioned criteria, which may not be exhaustive, viz:
Products ordered are not for self-consumption but for commercial resale;
Multiple orders placed for same product at the same address;
Bulk quantity of the same product ordered;
Invalid address given in order details;
Any malpractice used to place the order.
HealthKart Reserve the right, at its sole discretion, to change, modify, add or remove portions of this document, at any time without any prior written notice to user;
Limitation of Liability: Under no circumstances HealthKart's liability shall exceed giving the User a replacement of the same product/ alternate product of the same value;
These terms and conditions are subject to Indian laws and any dispute shall be subject to jurisdiction of the courts in New Delhi (India) only.
Usage Restrictions:
You shall not use the Website for any of the following purposes:
Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorised access to other computer / network systems.
Interfering with any other person's use or enjoyment of the Website.
Breaching any applicable laws.
Interfering or disrupting networks or websites connected to the Website.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
You are not permitted to host, display, upload, modify, publish, transmit, update or share any information on the Website that
belongs to another person and to which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
You are also prohibited from:
violating or attempting to violate the integrity or security of the Website or its content;
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
intentionally submitting on the Website any incomplete, false or inaccurate information;
making any unsolicited communications to other users of the Website;
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
copying or duplicating in any manner any of the content on the Website or other information available from the Website;
framing or hotlinking or deeplinking any content on the Website.
Quantity Restrictions:
We reserve the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
Pricing Information:
While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. We cannot confirm the price of a product until after you order. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration, or cancel the order and notify you of such cancellation. In the event we accept your order the same shall be debited to your credit / debit card account and duly notified to you by email or the contact number, as the case may be, that the payment has been processed. The payment may be processed prior to dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your credit / debit card account. We strive to provide you with best value, however prices and availability are subject to change without notice.
Our promotional offers/discounts are not sitewide and are limited to selected categories. Coupon codes may not be applicable on categories like diapers, baby food etc. or such other product or service as may be determined by us in our sole discretion.
Any listing for failed transactions will be shown in the order history section for upto 30 days only. Please contact your Bank/Issuers for disputes regarding unsettled case of pending payments that we did not receive and marked "Failed"
Indemnity:
We disclaim all warranties or conditions, whether expressed or implied, (including without limitation implied, warranties or conditions of information and context). We shall not be liable to any person for any loss or damage which may arise from the use of any of the information contained in any of the materials on this Website. This User Agreement and any contractual obligation between us and you will be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi. All disputes will be subject to arbitration in New Delhi in English by a single arbitrator appointed by us under the Arbitration and Conciliation Act, 1996. Each party to arbitration shall bear its own cost.
You agree to defend, indemnify and hold harmless HealthKart, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to HealthKart or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Eligibility to use:
Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Website. We reserve the right to terminate your membership and refuse to provide you with access to the Website at our sole discretion. The Website is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. We make no representation that any products or services referred to in the materials on this Website are appropriate for use, or available outside India. Those who choose to access this Website from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. We will deliver the products only within India and will not be liable for any claims relating to any products ordered from outside India. Some Indian states prohibit direct sale of merchandise from other states and require special documentation to effect such a sale without dual taxation, if we receives an order from such states or to be delivered to such states under such circumstances we retain the right to accept or reject the order at our sole discretion. Those who choose to access this Website from Indian states which restrict such use are responsible for compliance with local laws if and to the extent local state laws are applicable. We will deliver the products only within states having open import policy and will not be liable for any claims relating to any products ordered from restricted states. Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
Privacy:
IF YOU DO NOT AGREE, PLEASE DO NOT USE OR ACCESS THE WEBSITE.
All the information provided to us by you, including sensitive personal information, is voluntary. You have the right to withdraw your consent at any time, in accordance with the terms of this User Agreement, but please note that withdrawal of consent will not be retroactive.
You can access, modify, correct and eliminate the data about you which has been collected pursuant to your decision to become a user of the Website. If you update any information relating to you, we may keep a copy of the information which you originally provided to us in its archives.
Due to the communications standards on the Internet, when you visit the Website, we automatically receive the URL of the site from which you came and the site to which you are going when you leave. We also receive the Internet Protocol (IP) address of your computer (or the proxy server you used to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your internet service provider (ISP). This information is used to analyze overall trends to help us improve our service.
The Website uses temporary cookies to store certain data (that is not sensitive personal data or information) that is used by us and our service providers for the technical administration of the Website, research and development, and for administration. In the course of serving advertisements or optimizing services to you, we may allow authorized third parties to place or recognize a unique cookie on your browser. We do not store personally identifiable information in the cookies.
We may keep records of telephone calls received and made for making inquiries, orders or other purposes for the purpose of administration of services, research and development, quality management services and for proper administration.
We allow other companies, to serve advertisements to you. These companies include third party ad servers, ad agencies, ad technology vendors and research firms. We may "target" some ads to you that fit a certain general profile. We do NOT use personally identifiable information to target ads.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment on account of you access to, use of, or browsing the Website or the downloading of any material, data, text, images, video content, or audio content from the Website. If you are dissatisfied with the Website, your sole remedy is to discontinue using the Website.
This privacy policy applies to websites and services that are operated and managed by us. We do not exercise control over the sites displayed as search results or links from within its services. These other sites may place their own cookies or other files on your computer, collect data or solicit personal information from you, for which we are not responsible or liable. Accordingly, we do not make any representations concerning the privacy practices or policies of such third parties or terms of use of such websites, nor do we guarantee the accuracy, integrity, or quality of the information, data, text, software, sound, photographs, graphics, videos, messages or other materials available on such websites. The inclusion or exclusion does not imply any endorsement by us of the website, the website's provider, or the information on the website. We encourage you to read the privacy policies of that website.
The Website may enable you to communicate with other users or to post information to be accessed by others, whereupon other users may collect such data. We hereby expressly disclaim any liability for any misuse of such information that is made available by visitors in such a manner.
We value the privacy of information pertaining to our associates. The linkage between your IP address and your personally identifiable information is not shared with third-parties without your permission or except when required by law. Notwithstanding the above, we may share some of the aggregate findings and details with advertisers, sponsors, investors, strategic partners, and others in order to help grow our business without obtaining any approval from you. We will enable you to communicate your privacy concerns to us and that we will respond to them appropriately. We do not disclose any personal information to advertisers and for other marketing and promotional purposes that could be used to personally identify you, such as your password, credit card number and bank account number.
Refusal of service:
We reserve the right to refuse service to anyone at any time. We reserve the right, in our sole discretion, to suspend or cancel the service at any time if a computer virus, bug, or other technical problem corrupts the security, or proper administration of the service.
Promotional Communications
"We may also send you other information about us, the Site, our other websites, our products, sales promotions, our newsletters, SMS updates, anything relating to other companies in our group or our business partners. If you would prefer not to receive any of this additional information as detailed in this paragraph (or any part of it) please click the "unsubscribe" link in any email that we send to you or register as a Do Not Disturb user. Within 7 working days (days which are neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in India) of receipt of your instruction we will cease to send you information as requested. In case of any clarity you can contact our Customer support service".
Financial Details:
You agree, understand and confirm that the credit / debit card details or other financial details provided by you for availing of services on the Website will be correct and accurate and you shall not use the credit /debit card or financial facility which is not lawfully owned / obtained by you. You also understand that any financial information submitted by you is directly received by our acquiring bank and not taken by us. We will not be liable for any credit / debit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. We and our associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. We and our associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions in accordance with applicable laws.
Communication:
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. When you submit your phone number along with your shipping address or to request our call back, you consent to receive calls on that number for communication related to your order/request and other site related communication.
Website feedback, user comments and user generated content:
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted to us on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of 'spam'. We do not regularly review posted Comments, but do reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted on the Website. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark:
We and our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. All rights, including copyright, in this Website are owned by or licensed to us . Any use of this Website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our prior permission. You may not modify, distribute or re-post anything on this Website for any purpose. The HealthKart names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of HealthKart or licensed to HealthKart. All other marks are the property of their respective companies and you shall not use or exploit the same in any manner whatsoever. No trademark or service mark license is granted to you in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark which appear on the Website in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party websites and does not make any representations regarding the content or accuracy of material on such websites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Content, the Website or any related software. All software used on this Website is the property of HealthKart or its suppliers and licensors and protected by Indian and international copyright laws. The Content and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this W
Enjoy 10% OFF! Not valid on flat packs. Cannot be combined with other offers.
Sleepyhead™ Terms & Conditions
Price
The prices displayed on the website are inclusive of GST. Duroflex Private Limited / Sleepyhead reserves the right to change the prices at its discretion without informing the customer.
Delivery
We are committed to delivering your products in a timely and secure manner. This Shipping and Delivery Policy outlines the terms and conditions related to the shipping and delivery of our products purchased both online and offline. By placing an order, you agree to the terms set forth in this policy.
This policy applies to all products sold by Duroflex, including mattresses, furniture, and other accessories, whether purchased online through our website or offline from our physical stores.
Delivery Locations and Charges
We offer free standard delivery for all Sleepyhead products across India, with no hidden charges at checkout.
Goods will be delivered to the Shipping Address provided during the order process. If you need to change the delivery address after placing your order but before it has been dispatched, please contact us at +91 8884884345 or email us at support@mysleepyhead.com. While we will make every effort to accommodate this change, it cannot be guaranteed. No changes can be made once the product has been dispatched.
Please ensure the delivery address is accurate at the time of order placement. If delivery is made to an incorrect address due to an error on your part, you will be responsible for any additional charges required to redirect the order.
For deliveries outside our standard delivery zones, additional charges may apply, and delivery timelines may vary. Customers are advised to check serviceability and any applicable charges before placing an order.
Delivery Timelines
Standard Products: Orders for in-stock products are typically processed and shipped within ten (10) business days from the date of order confirmation. Standard delivery timelines vary between 10 to 15 business days depending on the delivery location.
Custom Orders: For customized products, the estimated delivery time will be communicated to you at the time of order placement and may range between 2 to 3 weeks.
While we strive to ensure timely delivery of all orders, please note that delivery timelines are estimates and may be subject to delays due to unforeseen circumstances beyond our control (e.g., weather conditions, carrier/logistic delays, natural disasters, etc.).
Delivery Process
All mattresses are delivered either vacuum-packed and rolled in a compact box for easy handling and delivery or in a Flat pack. Based on the product specifications, furniture items will be delivered in assembled or semi-assembled form. For bulkier items, please ensure that your delivery location has the necessary clearance and accessibility.
Deliveries will be handled either by Duroflex or a third-party logistics provider contracted by us. For logistical reasons, we may need to split your order into multiple shipments, and in such cases, you will be notified accordingly.
Order Tracking
Once your order is shipped, you will receive a confirmation email containing the tracking details. You can use this information to track your order through our website or directly through the delivery partner’s website.
For offline orders, customers can contact our store representative for order status and tracking updates.
Receiving Your Order
Upon delivery, our team will assist with placing the product at your desired location. However, moving the product beyond the ground floor or into certain tight spaces (e.g., narrow staircases) may not be feasible.
Please inspect the product upon delivery. If you notice any damages or discrepancies, immediately inform our delivery personnel and report the issue to our customer service team within 24 hours. Any claims made after this period may not be accepted.
It is your responsibility to ensure that the provided shipping address is accessible for delivery and that there is sufficient space for the required delivery vehicles. Additionally, the building where the product is being delivered must have a service lift or staircase that can accommodate the size and weight of the product. If you are uncertain about the space requirements, please contact us on +91 8884884345 for further assistance. Any additional costs that arise due to limitations in accessibility or space at the delivery location will be your responsibility. You can check whether we deliver to your location by entering your PIN code on our website.
Rescheduling and Failed Delivery Attempts
If you need to reschedule the delivery, please inform us at least 72 hours in advance. Rescheduling within 72 hours of the scheduled delivery date may incur additional charges.
In case of failed delivery attempts due to customer unavailability, incorrect address, or other reasons attributable to the customer, a re-delivery fee may be applicable. If the product is not accepted within seven (7) days of the original delivery date, the order may be cancelled.
Delivery Restrictions
Delivery is subject to the availability of the product in your area and adherence to local regulations.
For buildings or complexes with restricted access, please ensure prior arrangements are made with your property management for smooth delivery. Our delivery team reserves the right to refuse delivery if it poses a safety risk or is not possible due to building restrictions.
Any additional costs that arise due to limitations in accessibility or space at the delivery location will be the customer’s responsibility.
Delays and Compensation
In the event of a delay from the estimated delivery date, no refunds, compensation, or other monetary rewards will be issued during the delay period.
If the delay exceeds 15 days beyond the originally expected delivery date, customers may request a full refund which will be processed in accordance with our refund policy.
It is important to note that if a delay extends beyond 15 days, while a full refund may be granted, no additional compensation, rewards, or monetary benefits will be provided under any circumstances.
Customer Support
For any delivery-related queries, feel free to contact our Customer Support team at +91 8884884345 or via email at support@mysleepyhead.com
Our support team is available from 9:30 AM to 6:30 PM, 7 days a week (except on National holidays), and will be happy to assist you with any concerns or questions regarding your delivery.
Modification of Delivery Policy
Duroflex reserves the right to modify or update this Shipping and Delivery Policy at any time without prior notice. Any changes will be effective upon posting on our website, and continued use of our services will constitute acceptance of the revised policy.
Payment
Payment for Sleepyhead products are made on the website. All major credit cards and debit cards are accepted. You can also pay using Internet Banking.
EMI offer is applicable only with the top banks which have tie ups with our payment gateway.
Force Majeure Event
We will not be liable or take responsible for any failure to perform, delay in performance, or any other obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Refer and Earn Program :
Applicable to all products.
Unlimited usage of the coupon code.
Limited-time offer.
Refer friends and family and get a discount up to 15%.
Product Availability
In case of unavailability of one or more Sleepyhead products, the customer will be notified by email or telephone. The amount paid will be recalculated and the customer will be refunded for the unavailable product. In case no products are available, customer will be notified by an email or telephone and will be fully refunded.
Offers and Coupons
Duroflex Private Limited / Sleepyhead will introduce offers, discounts and coupon codes on a time- to- time basis and this will be completely at the discretion of the brand. Duroflex Private Limited / Sleepyhead reserves the right to withdraw the offers and coupons without any notification.
Sleepyhead coupon codes can be redeemed only on purchases made through www.mysleepyhead.com.
Sleepyhead discount codes are only available on full purchases, paid up front. Sleepyhead discount codes are not available on orders that use EMI option. Duroflex Private Limited / Sleepyhead cannot take responsibility for discount codes published without permission on third-party websites. Discount codes may be subject to additional terms and conditions (including an expiry date/time) which will be shared at the point of publication. All discount codes are subject to availability and only one code can be used per order.
100 Nights Trial
Sleepyhead offers a 100 Nights Trial for mattresses. You may decide to return the mattress any time before the end of 100 nights if you are not completely satisfied. We will arrange to take the mattress back for a full refund. Your claim will be processed once the mattress is collected by our courier partner and assessed by our QC team for any damages. It is your duty to be available to package and pass the mattress back to our collections company.
100 Nights Trial is not applicable if the return does not fulfil the 100 Nights Policy (Refer Exceptions to Return/Refund under 100 Nights Trial Offer).
Returns and Refunds
Please write to support@mysleepyhead.com or call +91 8884884345 with your order details to register your return request Returns are applicable only to Sleepyhead mattresses. To accept a return, please follow the returns procedure mentioned under Return Policy.
Duroflex Private Limited / Sleepyhead reserves the right to refuse any return request if it doesn’t fulfil the return criteria. (Refer Return Criteria under Return Policy).
Replacements
Replacement requests due to incorrect Mattress Size Order will carry a return shipment cost of INR1500 across India which will be borne by the customer. It is always recommended to cross check the size before placing the order.
Warranty
Sleepyhead Mattress is warrantied against any manufacturing defect for a period of 10 years for SH Original and SH Sense, 5 years for SH Flip and SH Sofabed from the date of purchase. In case of any manufacturing defect within 1 year of purchase, the mattress will be repaired or replaced with an identical product. In case of any manufacturing defect after the first year, either a repair or in case if a repair is not possible a Prorated Credit Settlement will be applicable. Please refer Warranty Policy for further information.
Law and Jurisdiction
All sales and interactions with Duroflex Private Limited / Sleepyhead shall be governed by and interpreted and construed in accordance with the laws of India. Any dispute arising from, or related to, such sales and interaction shall be subject to the non-exclusive jurisdiction of the courts of Bangalore.
Sleepyhead™ Sofabed Limited Warranty
Sleepyhead Sofabed is warrantied against any manufacturing defect for a period of 5 years from the date of purchase. In case of any manufacturing defect (specified below) within 1 year of purchase, the SofaBed will be repaired or replaced with an identical product. In case of any manufacturing defect after the first year, either a repair or in case if a repair is not possible, a Prorated Credit Settlement will be applicable.
List of Manufacturing Defects
Exclusions Of Manufacturing Defect
Terms & Conditions Of Warranty
Sleepyhead™ Mattress Protector Limited Warranty
Sleepyhead natural bamboo mattress protector is warrantied against any manufacturing defects for a period of 1 year. In case of any manufacturing defect during this period, the protector will be repaired or in case a repair is not possible the protector will be replaced with an identical product.
List of Manufacturing Defects
Exclusions Of Manufacturing Defect
Warranty Claim Process
To initiate the warranty claim process, please contact us on 8884884345 or support@mysleepyhead.com with a clear description of the problem, associated pictures and a copy of the purchase invoice. Your failure to comply with these claim submission instructions may void this Warranty. Duroflex Private Limited / Sleepyhead reserves the right, in our sole discretion, to require photographs, further information or descriptions, or to physically inspect the products prior to accepting a particular claim under this Warranty.
Once the claim has been verified, Sleepyhead will, at its own discretion repair, replace or give a Prorated Credit Settlement as per the Terms and Conditions to warranty.
Join sleepyhead Family
At Sleepyhead, we love to create products and experiences that make everyday living fun and fabulous. Sleepyhead products are created for customers who love comfort and trendy designs at accessible prices without compromising quality and service.
Customer Care:+91 8884884345 | Email:support@mysleepyhead.com
TERMS & CONDITIONS
This document is an electronic record as per the Information Technology Act, 2000 & rules thereunder and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. It is published following the provisions of rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that requires publishing the rules and regulations, privacy policy and terms of use for access or usage of www.getketch.com. Please read the following terms and conditions very carefully as the use of our services is subject to your acceptance of and compliance with the following terms and conditions. By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to it or use the services. If you do not want to be bound by the terms, you must not subscribe nor use our services.
Introduction
Welcome to the website of getketch.com, a service provided, owned and operated by Brand Studio Lifestyle Private Limited (BSPL). Its Registered Office is in Bangalore. For using getketch.com you are deemed to have accepted the terms and conditions of the agreement listed below, which may be revised from time to time for an indefinite period. You agree that you are bound by such terms till the time you access our services. If you want to ask us anything about terms & conditions or have any queries about getketch.com, please write to us at care@getketch.com.
User Account, Password, and Security:
If you use our platform, you shall be responsible for maintaining the confidentiality of your display name and password and for all activities that occur in your account. You agree that if you provide any information that is untrue, inaccurate or incomplete, we shall have the right to indefinitely suspend/ terminate/ block your access on the platform.
You agree to
immediately notify us of any unauthorized use/breach of your password or account and
ensure that you exit from your account at the end of each session.
Services Offered:
We provide several Internet-based services through the platform. One such service enables users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands. They can be purchased from various modes of payment. The purchase of products shall be additionally governed by the specific policies of sale, like cancellation policy, exchange policy, return policy etc (refer to FAQ tab). It is clarified that at the time of creating a return request, users are required to confirm that the product being returned is unused and its original tags are intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined. In case the return request is declined, the user shall not be eligible for a refund, and we assume no liability in this regard. Furthermore, in case the customer fails to accept the receipt of the said re-shipped product, the customer shall continue to be ineligible for a refund, and we assume no liability concerning the return or refund of the said re-shipped product. In addition, these Terms of Use may further be supplemented by product-specific conditions.
We at getketch.com strive to maintain the accuracy, reliability of products among others to deliver a hassle-free experience. However, we do not assume liability in this regard.
User Conduct and Rules on the Platform:
You agree, undertake and confirm that the use of our platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right to.
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
is misleading in any way.
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".
promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory.
infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity.
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides instructional information about activities such as making or buying illegal weapons, violating someone's privacy, or creating computer viruses.
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the platform or profiles, blogs, communities, account information, bulletins, friend request, or other areas of the platform or solicits passwords or personal information for commercial or unlawful purposes from other users.
interferes with other user’s use and enjoyment of the platform.
infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or involves the sale of counterfeit or stolen products
violates any law for the time being in force
threatens the unity, integrity, defence, 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 any other nation
is false, inaccurate or misleading
cause us any lose of (in whole or part) the services of Our Internet Service Provider ("ISPs") or other suppliers
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios is met:
Users doesn't reply to the payment verification mail sent by us
Users fails to produce adequate documents during the payment details verification
Misuse other user’s phone/email
Using an invalid address, email and phone number
Overuse a voucher code
Use a special voucher not tagged to the registered email ID.
User returns the wrong product
User refuses to pay for an order
User is involved in the snatch and run of any order
Miscellaneous activities are conducted with the sole intention to cause loss of business/revenue to us
User with a very high return rate
Repeated request for monetary compensation of fake/used order.
We may also cancel any order that classifies as unfulfillable order due to any unforeseeable circumstances or technical glitch or quality check before dispatch at our warehouse or at any stage of the product delivery without prior information to customer.
We may cancel any order that classifies as 'Bulk Orders'/'Fraud orders' under certain criteria at any stage of the product delivery. The order can be classified as 'Bulk Order'/'Fraud Order' if it meets the below-mentioned criteria or any additional criteria as defined by us:
Products ordered are not for self-consumption but for commercial purposes.
Multiple orders are placed for the same product at the same address, depending on the product category.
Bulk quantity of the same product is ordered
The invalid address is given in the order details
Any malpractice used to place the order
Any promotional voucher used for placing the 'Bulk Order' may not be refunded
Any order placed using a technological glitch/loophole.
You shall not use the platform for any unlawful and fraudulent purposes, which may cause annoyance, inconvenience and abuse of any policy and rules of the company and interrupt or causes to interrupt/damage the use of the platform by other users.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise mislead us by sharing multiple addresses and phone numbers or transacting with mala fide intentions.
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.
You shall not attempt to gain any unauthorized access to any portion or feature of the platform, or any other systems or networks connected to the platform or to any server, computer, network, or to any of the services offered on or through the platform, by hacking, password "mining" or any other illegitimate means.
You should not pretend that you are or represent someone else, or impersonate any other individual or entity.
You shall ensure the full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Goods and Services Tax, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction of an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
The content posted does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from the use of content and/or appearance of content on the platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information that it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
We value feedback from our customers.
All relevant reviews received are checked before making them live on the website.
All relevant reviews are made live post our Customer Service Team's interaction with verified customers.
We hereby disclaim any guarantees of exactness as to the look, appearance, size, color etc., of the final product as ordered by the user. Our Return & Exchange Policy offers you the option to return or exchange items purchased from our portal within the return/exchange period for 1 time per order (Please read the Product Detail Page to see the number of days up to which a product can be returned/exchanged, post-delivery). In case of the return of the purchased item, please refer to the "Return Policy" on our portal.
We make sure that your orders are verified & perfectly packed when they are dispatched from our order-processing unit. However, it goes through multiple touch points at our logistics partner before reaching you. We urge you to not accept any tampered / unsealed packages. Also, we humbly request you to share a parcel opening video footage without pause & cut along with the claim for any missing product/damaged product.
Ketch Wallet Terms and Conditions
Instant credit is offered in the wallet, allowing immediate access to funds. However, it's important to note that any partial payments must be covered using prepaid payment options available on checkout page.
Please note that any exceptional refunds will be processed to Ketch wallet and cannot be transferred to account.
Ketch wallet credits cannot be transferred to account.
Terms and Conditions for Product Reviews & Face of the Week-
By participating in the "Feature On Website" (FOW) contest, you agree to abide by these terms and conditions.
To enter the FOW contest, you must:
a. Purchase an outfit from Getketch.com.
b. Take a clear picture of yourself wearing the purchased outfit.
c. Post a review along with the picture under the respective order under "my orders" section on Getketch.com.
By posting your review and picture, you grant Getketch.com the right to feature your image and review on the website.
Participants stand a chance to win Rs.2500/- in Ketch Wallet credit by participating in the FOW contest. The winner will be selected by Getketch.com based on the quality of the review and picture.
Getketch.com reserves the sole right to select the participants and winner of the FOW contest.
Winners will be notified through email or any other mode of communication deemed appropriate by Getketch.com.
By participating in the FOW contest, you consent to the use of your name, image, and review for promotional purposes by Getketch.com.
Getketch.com reserves the right to modify or cancel the FOW contest at any time without prior notice.
Employees of Getketch.com and their immediate family members are not eligible to participate in the FOW contest.
Participation in the FOW contest implies acceptance of these terms and conditions in full.
Mobikwik Cashback Offer Terms & Conditions:
Get up to 15% Cashback on paying via Mobikwik wallet @ KETCH
Offer valid on a minimum transaction of Rs.999
Offer valid once per user in a month
Offer Valid Till June 30th, 2024.
No Coupon Code is Required to avail of the offer.
Terms & Conditions for Coupons:
These promotions are time bound and details of current valid coupons the promotion will be available on the App and desktop https://getketch.com/coupon
The offer might get communicated to customers via social media notification or e-mailers or sms which will land users on the offer page.
The offer will be available for select set of styles, App and desktop banners will link to list of styles where offer is running.
As a part of offer there will be extra discounts provided on the selected catalogue applicable for this offer. These discounts will be rendered through coupons as communicated in the offer.
Coupon discount is over and above the discounts running on products and is calculated on post discounted price.
As a part of the construct, some coupons get applicable only if the total value of post discounted price of all the products in the shopping cart exceeds a minimum threshold as mentioned. "Add Coupon" within Shopping Cart. Some coupon benefits can be availed once per customer.
Multiple coupons code can’t be clubbed together in one transaction.
Coupon benefit not valid if Bill Value reduces due to returns & Refund value will be processed excluding coupon discount.
Brand studio lifestyle Pvt Ltd. reserves the right to amend the terms and conditions from time to time for usage of coupon as required.
Coupon not applicable on Deal of the day items.
Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is either in-house or third-party user-generated content and we have no control over such third-party user-generated content as we are merely an intermediary for this Terms of Use. We shall be entitled to, consistent with Our Privacy Policy as adopted following applicable law, use the content or any of its elements for any type of use forever, including, but not limited to, promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the content you provide on the platform.
You may use the information of the products and services purposely made available on the platform for downloading, provided that you
do not remove any proprietary notice language in all copies of such documents,
use such information only for your personal, non-commercial purpose and do not copy or post such information on any networked computer or broadcast it in any media,
make no modifications to any such information, and
do not make any additional representations or offer a warranty related to such documents.
Disclaimer of Warranties and Liabilities:
All the materials, products (including, but not limited to, software) and services, made available to you through our platform are provided on an "as is" and "as available" basis without any representation or warranty, express or implied except otherwise specified in writing. We do not warrant that: platform will be constantly available, or available at all or the information on the platform is complete, true, accurate or non-misleading.
All the Products sold on the platform are governed by different state laws and if the seller is unable to deliver the products due to implications of different state laws, the seller will return or will credit the amount (if any) received in advance by the seller from the sale of such product that could not be delivered to you. You will be required to enter a valid phone number while placing an order on the platform. By registering your phone number with us, you give consent to us to contact you via phone calls and/or SMS notifications, for any order/shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
E-Platform for Communication:
You agree, understand and acknowledge that it is an online platform that enables you to purchase products listed on the platform at an indicated price at any time. You further agree and acknowledge that we are only a facilitator and is not and cannot be a party to any transactions on our platform.
Indemnity
You agree to defend, indemnify the employees, directors, officers, agents of getketch.com from and against any claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to getketch.com or any third party including, but not limited to, breach of any warranties, representations, undertakings or with the non-fulfilment of any of your obligations under this User Agreement.
Termination
This User Agreement is effective unless and until terminated by either you or getketch.com. You may terminate this User Agreement at any time by informing us in writing through the Indian Postal System by registered post, that you no longer wish to be associated with this website/app, provided that you discontinue any further use of this Website/app.
getketch.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/app. Such termination will be without any liability. Upon any termination of the User Agreement by either you or getketch.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website/app, as well as all copies of such materials, whether made under the User Agreement or otherwise. However, the rights of getketch.com to any comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website/app or affect any liability that may have arisen under the User Agreement.
Limitation of liability and disclaimers
The Website/app is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Website/app.
The Website/app provides content from another Internet website/app or resources and while getketch.com tries to ensure that material included on the Website/app is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. getketch.com will not be responsible for any errors, omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website/app.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
Under applicable law, getketch.com or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the website/app, its services or User Agreement.
Without prejudice to the generality of the section above, the total liability of getketch.com arising out of this User Agreement is limited to the amount charged to you, against the value of the products ordered by you.
The associates and technology partners of getketch.com make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website/app or that the operation of the Website/app will be error-free and/or uninterrupted. Consequently, getketch.com assumes no liability for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website/app; and/or any interruption or errors in the operation of the Website/app.
By providing your phone number to us, You give us consent to contact you via one call and/or SMS notifications, in case of any transactional messages (i.e.) order, shipment delivery, returns, refund-related updates. If your phone number is registered under the National Do Not Call Registry, we will not use your personal information to initiate any promotional phone calls or promotional SMS.
Delivery Related - User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non-delivery of order or signature verification) shall be notified to us within 48 Hours from the alleged date of delivery of product reflecting on our portal. Non-notification by you of non-receipt or non-delivery within the period specified shall be construed as a deemed delivery in respect of that transaction. We disclaim any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 48 Hours from the alleged date of delivery of product reflecting on our portal.
Entire agreement
If any part of this agreement is determined to be invalid or unenforceable according to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the rest of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and getketch.com concerning the getketch.com website/app/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and getketch.com concerning the getketch.com website/app/services. getketch.com's failure to act concerning a breach by you or others does not waive its right to act concerning subsequent or similar breaches.
Privacy policy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view the protection of your privacy as a very important community principle. We understand clearly that you and your Information is one of our most important assets. We store and process Your Information on computers located in India and abroad that are protected by physical as well as technological security devices. We use third parties to verify and certify our privacy principles. If you object to your information being transferred or used in this way please do not use the Website/app.
Governing law and jurisdiction
This User Agreement shall be construed following the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Brand Studio Lifestyle Private Limited. and his decision shall be final and binding on the parties hereto. The above arbitration shall be following the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.
Modification of terms and conditions of service
getketch.com may at any time modify the User Agreement without any prior notification to you. After any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on getketch.com. You can access the latest version of the User Agreement at any given time on getketch.com. You should regularly review the User Agreement on getketch.com. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.
Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
Mr. Mahesh Birla
Designation: General Manager, Finance
Brand Studio Lifestyle Pvt Ltd,
Hosur Road, Bangalore, Karnataka : 560068, India
Contact us: info@brandstudiolifestyle.com
Phone: +91-80-45333500
Time: Mon - Fri (9:00 - 18:00)
IT Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the IT Grievance Officer are provided below:
Mr. Dhinakar
Designation: IT Head
Brand Studio Lifestyle Pvt Ltd,
Hosur Road, Bangalore, Karnataka : 560068, India
Contact us: dhina@brandstudiolifestyle.com
Phone: +91-80-45333500
Time: Mon - Fri (9:00 - 18:00)
Get 10% OFF! Offer valid on Bed-in-Box category, Sleep Accessories, and Sofas & Recliners.
Terms and Conditions
Price
The prices displayed on the website are inclusive of GST. Duroflex reserves the right to change the prices at its discretion without informing the customer.
Delivery
We are committed to delivering your products in a timely and secure manner. This Shipping and Delivery Policy outlines the terms and conditions related to the shipping and delivery of our products purchased both online and offline. By placing an order, you agree to the terms set forth in this policy.
This policy applies to all products sold by Duroflex, including mattresses, furniture, and other accessories, whether purchased online through our website or offline from our physical stores.
Delivery Locations and Charges
We offer free standard delivery for all Duroflex products across India, with no hidden charges at checkout.
Goods will be delivered to the Shipping Address provided during the order process. If you need to change the delivery address after placing your order but before it has been dispatched, please contact us at 1800 108 5008 or email us at support@duroflexworld.com. While we will make every effort to accommodate this change, it cannot be guaranteed. No changes can be made once the product has been dispatched.
Please ensure the delivery address is accurate at the time of order placement. If delivery is made to an incorrect address due to an error on your part, you will be responsible for any additional charges required to redirect the order.
For deliveries outside our standard delivery zones, additional charges may apply, and delivery timelines may vary. Customers are advised to check serviceability and any applicable charges before placing an order.
Delivery Timelines
Standard Products: Orders for in-stock products are typically processed and shipped within ten (10) business days from the date of order confirmation. Standard delivery timelines vary between 10 to 15 business days depending on the delivery location.
Custom Orders: For customized products, the estimated delivery time will be communicated to you at the time of order placement and may range between 2 to 3 weeks.
While we strive to ensure timely delivery of all orders, please note that delivery timelines are estimates and may be subject to delays due to unforeseen circumstances beyond our control (e.g., weather conditions, carrier/logistic delays, natural disasters, etc.).
Delivery Process
All mattresses are delivered either vacuum-packed and rolled in a compact box for easy handling and delivery or in a Flat pack. Based on the product specifications, furniture items will be delivered in assembled or semi-assembled form. For bulkier items, please ensure that your delivery location has the necessary clearance and accessibility.
Deliveries will be handled either by Duroflex or a third-party logistics provider contracted by us. For logistical reasons, we may need to split your order into multiple shipments, and in such cases, you will be notified accordingly.
Order Tracking
Once your order is shipped, you will receive a confirmation email containing the tracking details. You can use this information to track your order through our website or directly through the delivery partner’s website.
For offline orders, customers can contact our store representative for order status and tracking updates.
Receiving Your Order
Upon delivery, our team will assist with placing the product at your desired location. However, moving the product beyond the ground floor or into certain tight spaces (e.g., narrow staircases) may not be feasible.
Please inspect the product upon delivery. If you notice any damages or discrepancies, immediately inform our delivery personnel and report the issue to our customer service team within 24 hours. Any claims made after this period may not be accepted.
It is your responsibility to ensure that the provided shipping address is accessible for delivery and that there is sufficient space for the required delivery vehicles. Additionally, the building where the product is being delivered must have a service lift or staircase that can accommodate the size and weight of the product. If you are uncertain about the space requirements, please contact us on 1800 108 5008 for further assistance. Any additional costs that arise due to limitations in accessibility or space at the delivery location will be your responsibility. You can check whether we deliver to your location by entering your PIN code on our website.
Rescheduling and Failed Delivery Attempts
If you need to reschedule the delivery, please inform us at least 72 hours in advance. Rescheduling within 72 hours of the scheduled delivery date may incur additional charges.
In case of failed delivery attempts due to customer unavailability, incorrect address, or other reasons attributable to the customer, a re-delivery fee may be applicable. If the product is not accepted within seven (7) days of the original delivery date, the order may be cancelled.
Delivery Restrictions
Delivery is subject to the availability of the product in your area and adherence to local regulations.
For buildings or complexes with restricted access, please ensure prior arrangements are made with your property management for smooth delivery. Our delivery team reserves the right to refuse delivery if it poses a safety risk or is not possible due to building restrictions.
Any additional costs that arise due to limitations in accessibility or space at the delivery location will be the customer’s responsibility.
Delays and Compensation
In the event of a delay from the estimated delivery date, no refunds, compensation, or other monetary rewards will be issued during the delay period.
If the delay exceeds 15 days beyond the originally expected delivery date, customers may request a full refund which will be processed in accordance with our refund policy.
It is important to note that if a delay extends beyond 15 days, while a full refund may be granted, no additional compensation, rewards, or monetary benefits will be provided under any circumstances.
Customer Support
For any delivery-related queries, feel free to contact our Customer Support team at 1800 108 5008 or via email at support@duroflexworld.com.
Our support team is available from 9:30 AM to 6:30 PM, 7 days a week (except on National holidays), and will be happy to assist you with any concerns or questions regarding your delivery.
Modification of Delivery Policy
Duroflex reserves the right to modify or update this Shipping and Delivery Policy at any time without prior notice. Any changes will be effective upon posting on our website, and continued use of our services will constitute acceptance of the revised policy.
Payment
Payment for Duroflex products are made on the website. All major credit cards and debit cards are accepted. You can also pay using Internet Banking.
EMI offer is applicable only with the top banks which have tie ups with our payment gateway.
Force Majeure Event
We will not be liable or take responsible for any failure to perform, delay in performance, or any other obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond our reasonable control.
Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Product Availability
In case of unavailability of one or more Duroflex products, the customer will be notified by email or phone. The amount paid will be recalculated and the customer will be refunded for the unavailable product. In case no products are available, customer will be notified by an email or phone and a full refund will be initiated.
Offers and Coupons
Duroflex will introduce offers, discounts and coupon codes on a time- to- time basis and this will be completely at the discretion of the brand. Duroflex reserves the right to withdraw the offers and coupons without any notification.
Duroflex coupon codes can be redeemed only on purchases made through www.duroflexworld.com
Duroflex discount codes are only available on full purchases, paid up front. Duroflex discount codes are not available on orders that use EMI option. Duroflex cannot take responsibility for discount codes published without permission on third-party websites. Discount codes may be subject to additional terms and conditions (including an expiry date/time) which will be shared at the point of publication. All discount codes are subject to availability and only one code can be used per order.
Returns and Refunds
Please write support@duroflexworld.com or call 1800 108 5008 with your order details to register your return request. Returns are applicable only to Duroflex mattresses. To request a return, please follow the returns procedure mentioned under Return Policy.
Duroflex reserves the right to refuse any return request if it doesn’t fulfil the return criteria.
Exchange
Exchange requests due to incorrect mattress size ordered will carry a return shipment cost of INR 2500 across India which will be borne by the customer. It is always recommended to cross check the size before placing the order.
Warranty
Duroflex mattresses are warrantied against any manufacturing defect for a period mentioned on the product page. In case of any manufacturing defect within 1 year of purchase, the mattress will be repaired or replaced with an identical product. In case of any manufacturing defect after the first year, either a repair or in case if a repair is not possible a Prorated Credit Settlement will be applicable. Please refer Warranty Policy for further information.
Law and Jurisdiction
All sales and interactions with Duroflex shall be governed by and interpreted and construed in accordance with the laws of India. Any dispute arising from, or related to, such sales and interaction shall be subject to the non-exclusive jurisdiction of the courts of Bangalore.
Get an Additional 10% OFF (up to ₹250) Applicable on a minimum order of ₹999
TERMS & CONDITIONS
1INTRODUCTION:
A
Welcome to www.muscleblaze.com an online website (including its mobile version) and mobile application (collectively the "Website" ), which is operated and managed by Bright Nutricare Private Limited, having its registered office at Unit No. 713, 7th Floor, Devika Tower, Nehru Place, New Delhi 110019 and having its principal place of business at 1st Floor, Tower B, The Presidency, Opp. Govt. Girls College, Sector 14, MG Road, Gurugram, Haryana 122001 (hereinafter referred to as "Company", "we", "our" or "us").
B
The "Services" we provide or make available include: (i) the Website, (ii) the services provided by the Website and by client software made available through the Website, and (iii) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including any mobile application services) or other materials made available through the Website or its related services ("Content"). These terms and conditions govern your use of the Services provided by us.
C
If you are using the Services (the "User", "you" or "your") by using, accessing or browsing the Website and/ or registering an account with us, you acknowledge and agree that you have read, understood and agree to be bound by these Terms and Conditions in addition to the applicable laws and regulations of India, the policies referenced herein and/ or accessible by hyperlink hereto such as the Return, Refund and Cancellation Policy and the Privacy Policy on the Website (collectively, the "User Agreement").
D
We reserve the right, at our sole discretion, to change, modify, add or remove these Terms and Conditions from time to time without any prior notification to you, and it is your responsibility to look through them as soon as possible. Your continued use of the Website and/ or the Services following the posting of changes shall mean that you accept and agree to such revisions.
E
The version of the User Agreement that will apply to your order will be those uploaded on the Website at the time you access or browse or use or place your order. The User Agreement do not alter in any way the terms or conditions of any other written agreement you may have with the Company for other products or services.
F
Please read User Agreement carefully before using the Website or opening a user account ("Account") so that you are aware of your legal rights and obligations with respect to the Company and the use of the Services. The Website is available for your use only on the condition that you agree to all the terms and conditions of the User Agreement. If you do not agree to all of the terms and conditions of the User Agreement, do not access the Website or use the Services. You are also responsible for ensuring that all persons who access the Website through your Account comply with the User Agreement.
G
It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession and use any item purchased from the Website. By placing an order, you represent that the Products ordered will be used only in a lawful manner and subject to the provisions of the User Agreement.
H
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2LIMITED LICENCE
A
We hereby grant you non-exclusive, non-transferable, limited and revocable license, without the right to sub-license, in accordance with the provisions of User Agreement, to access and use the Services subject to the terms and conditions of the User Agreement. No right or licence is granted directly or indirectly in any proprietary Content, trademarks, service marks, brand names, logos and other intellectual property displayed on or accessible via the Website (the "Intellectual Property") to any party accessing the Website to use or reproduce any Intellectual Property, and no party accessing the Website shall claim any right, title or interest therein. All such materials on the Website are subject to and protected by intellectual property laws and rights that are applicable in India. By using or accessing the Services, you agree to comply with the copyright, trademark, service mark and all other applicable laws that protect the Services, the Website and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Website or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the Website or Content on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to the Website).
3ELIGIBILITY TO USE:
A
In accordance with the applicable Indian laws, please do not enter this Website if you are under the age of 18. Exit the Website immediately if you are under the age of 18 as the Website is not supposed to and neither is designed for the purpose of attracting and marketing to users under the age of 18. By entering our Website, you agree that you are at least 18 years of age or older, and are capable, competent and able to comprehend the User Agreement. We do not authorize anyone nor collect information from any person who represents to be under the age of 18. If you are under the age of 18, you are neither permitted nor allowed to disclose and/ or send us any information that may be personal or otherwise can be traced to your personal being. Any transaction you make through this Website as a person under the age of 18 would be void and we would not be responsible for the compensation of any such transaction and/ or payment so made for the Products/ subscriptions available on the Website. This Website and all its Content are regulated and operated from India and any information, personal or otherwise, so provided during the usage of this Website, is regulated, and governed by the privacy laws of India.
B
An individual representing a company, partnership firm or sole proprietorship, shall be eligible to access the Website and place the order on its behalf only if such individual has been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/ or under the charter documents of such entity.
C
We reserve the right to, with prior notice: (i) suspend or terminate your Account, (ii) revoke your access to the Website, (iii) remove any Content associated with your Account, (iv) cancel or suspend any transactions associated with your Account, (v) withhold refunds, and/ or (vi) take any other actions that we deem necessary if you are found in contravention of the terms and conditions of the User Agreement and/ or of the applicable laws and regulations of India.
D
Notwithstanding anything contained herein, if you breach the User Agreement, the Company reserves the right to take any legal or other action against you, including but not limited to, denying or revoking access to the Website and referral to the appropriate authorities.
E
Please note that you may only access the Website for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules and regulations pertaining to your use of the Website.
4AVAILABILITY OF THE WEBSITE AND THE SERVICES
A
The Company does not guarantee that the Website or Services will be compatible with all hardware and software which you may use. The Company shall not be responsible for any issues in connection with equipment or intermediary platforms, browsers or applications that you use to access the Website and the Services.
B
As the Website is dependent on other third-party service providers for certain operational aspects (such as website domain hosts and payment services providers), and also due to the nature of the Internet, the Company makes no warranty that your access to the Website or use of the Services will be uninterrupted, timely or error-free, or will be free of viruses, worms and /or other harmful or invasive elements. We shall not be liable to you where access to the Website or the provision of Services is disrupted for any reason not within the control of the Company.
C
We may, from time to time, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Website or any Services. In such cases, we shall ensure that it does not impact your right(s) in respect of the Services already availed by you.
D
The Website undergoes ad-hoc maintenance as the Company deems necessary, and we shall notify you. During the period of maintenance, you may not be able to avail the Service. However, we will ensure that it does not impact your right(s) in respect of the Services already availed by you.
E
Whilst the Company will use commercially reasonable efforts to make the Services available to you without any interruption, it does not guarantee that the Services will be fault-free. If a fault occurs with the Service, you should report it to us, and we will attempt to correct the fault as soon as practicable.
5PRODUCTS:
A
We sell certain products through the Website (the "Product(s)"). The Products or any sample thereof are for personal use only and you may not sell or resell any of the Products, or samples thereof, you receive from us unless agreed otherwise.
B
We make no representation(s) that the Products are appropriate for particular use or available for purchase. The inclusion of any Product or services on the Website at a particular time does not imply or warrant that these Products will be available at any time. You use the Website and purchase the Products solely at your own risk. The Products are in compliance with applicable laws and regulations on safety and quality of the Products. Except where additional terms and conditions are provided which are Product-specific, the terms in the User Agreement supersede all previous representations, understandings and/ or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.
6PURCHASE AND PAYMENT
A
Card payments are processed through third-party payment channels and the type of credit cards accepted by these payment channels may vary depending on the jurisdiction you are in. We provide secure digital payment method and channels in accordance with the technical and regulatory standards approved or specified under the applicable laws.
B
For all charges or deposits for any Products ordered by you on or through the Website, we will bill your bank card or any alternative payment methods offered, and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment, you represent to us that you are the authorized user of the bank card that is used to pay for the Products and Services. In the event legal action is necessary to collect on balances due, you agree to reimburse us or our agents for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. We shall issue an invoice in compliance with applicable rules and regulations in India. Additional applicable tax may apply to online transactions made through the Website.
C
We take no responsibility and assume no liability for any loss or damages to you arising from shipping information and/ or payment information entered by you. We reserve the right to check whether you are duly authorised to use certain payment methods and may suspend the transaction until such authorisation is confirmed or cancel the relevant transaction where such confirmation is not available.
7SHIPPING AND DELIVERY:
A
All Products purchased from the Website shall be delivered by the Company to you by standard courier services through its logistics partner(s) to the shipping address designated by you (as long as that shipping address is compliant with shipping restrictions).
B
You may return and claim refund or replace a Product purchased from the Website in accordance with our Return, Refund and Cancellation Policy available on the Website. Nothing herein is meant to limit your return or cancellation rights under the applicable laws.
C
Delivery of the Products shall be subject to the following delivery conditions:
We may require verification of information prior to the acceptance and/ or shipment of any order.
In case the User is not reachable or does not accept delivery of Product(s), the Company reserves the right to cancel the order(s) and refund if the payment is already made, without any liability, and we shall inform you accordingly.
All orders placed from Monday to Friday (excluding public holidays) will have an estimated time of delivery within fourteen (14) working days upon confirmation of payment. This could vary with circumstances such as online security checks, force majeure, shipping restrictions, payment authorization, packing and dispatching of order et cetera. An email confirmation will be sent to you for all orders once received.
Expected delivery times may vary from the timings estimated on the Website.
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.
Sometimes, delivery may take longer due to, inter alia,
-- bad weather;
-- flight delays;
-- political disruptions;
-- force majeure;
-- Logistical impediments; or
-- any other unforeseen circumstances.
No deliveries of the Products shall be made or accepted outside the territorial boundaries of India.
In case a User purchases multiple Products in one transaction, the Company may deliver the same together. However, this may not always be possible and shall be subject to availability of stock or logistical restrictions.
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.
D
We shall not be responsible and liable in case of delay in delivery of the Products. If it will not be possible for you to benefit from the Products due to delayed receipt, you shall have right to return the Products and claim refund in accordance with the Return, Refund and Cancellation Policy available on the Website.
E
The User may cancel the order before it is shipped. If it is a prepaid order, the price of the Product will be refunded to the original payment source or payment wallet of the User who had placed the order, in accordance with the options chosen by the User, after the order is successfully cancelled.
F
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance or confirmation of an order. We reserve the right, with notice to you, to limit the order quantity on any Product and/ or to refuse service to any customer.
G
For any queries in relation to the return and refund or cancellation of Products or any order, please refer to our Return, Refund and Cancellation Policy available on the Website.
8USER REGISTRATION:
A
Your Account: Access to and use of password protected and/ or secure areas of the Website and/ or use of the Services are restricted to Users with a registered account only. You may create and hold one (1) Account only. You will be responsible for maintaining confidentiality of your account, password and controlling access to your account, and you hereby accept responsibility for all activities that occur using your Account. Each Account is non-transferrable and may not be sold, traded, combined or otherwise shared with any other person.
B
In registering for an Account, you shall provide accurate and complete registration information. We reserve the right at any time to request for additional information or supporting documents to verify the veracity of any information provided or in connection with your use of the Services. You shall ensure that your Account information is accurate and up to date. Such personal information will be stored securely. If you refuse to divulge such information and/ or data or if you provide and we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data, we reserve the right to suspend or terminate your Account and/or refuse use of part or all of the Services post notice to you.
C
If you are accessing or browsing or using the Website on someone else's behalf, you represent that you have the authority to bind that person to the User Agreement herein. In the event that the person refuses to be bound as the principal to the User Agreement, you agree to accept liability and indemnify the Company against any harm caused by any wrongful use of the Website resulting from such access or use of the Website in whatsoever nature.
D
You may not obtain or attempt to obtain unauthorised access to such parts of this Website and/ or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the applicable Indian laws.
E
If you know or have reasons to believe that the security of your Account has been breached, you should contact us immediately. If we have found a breach or suspected breach of the security of your Account, we may require you to change your password temporarily or permanently block or suspend your account, post notice to you, without any liability to the Company.
F
You are solely responsible for all information or Comments that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy and other applicable laws.
G
You are fully responsible for all activities that occur using your Account even if such activities or uses were not committed by you. We will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this section.
9ACCURACY OF CONTENT AND INVITATON TO OFFER:
A
While describing our Products and other information on the Website, we endeavour to be as accurate as possible, in particular to ensure that prices quoted are correct at the time of publishing, and all Products have been fairly described. However, there can be negligible difference, including the typographical errors. Such differences may also relate to pricing and availability of the Product. Hence, we do not warrant that that Products conform to the pictures as displayed on the Website, or that Content is accurate, complete, reliable, current or error-free. Please note that the Product pictures are indicative and may not match the actual Product. While we make all reasonable efforts to accurately display the attributes of the Products, including the applicable colours, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. All Contents are subject to change at any time without notice. Prices are displayed inclusive of Goods and Service Tax ("GST"). The packaging of the Products may vary from that shown on the Website.
B
All the Products and information displayed on the Website constitute an invitation to offer. Your order for purchase constitutes your offer which shall be subject to the terms and conditions of the User Agreement.
C
We reserve the right to accept or reject your offer in part or in full. The Company's decision to reject or cancel the order shall be final, and the Company shall not be liable for such rejection(s) or cancellation(s), whatsoever. Our acceptance of your order will take place upon dispatch of the Product(s) ordered. Dispatch of all the Product(s) ordered may or may not happen at the same time. In such a scenario that portion of the order which has been dispatched will be deemed to have been accepted by us and the balance would continue to be on offer to us, and we reserve the right to accept or reject such balance order. No act or omission of the Company prior to the actual dispatch of the Product(s) ordered will constitute acceptance of your offer. If you have supplied us with your email address or phone number, we will notify you by email and/ or phone number, as the case may be, as soon as possible to confirm receipt of your order and email/ contact you again to confirm dispatch and therefore, acceptance of the order. Please note that we may change, suspend or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product may be subject to change without notice or liability.
D
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by us.
10USAGE RESTRICTIONS:
A
The Company is not responsible for any damages resulting from your using the Website. You shall not use the Website for any of the following purposes, as well as the purposes which are expressly prohibited under the applicable laws.
(i)
disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material;
(ii)
transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;
(iii)
gaining unauthorized access to other computer/network systems;
(iv)
interfering with any other person's use or enjoyment of the Website;
(v)
breaching any applicable laws;
(vi)
interfering or disrupting networks or websites connected to the Services;
(vii)
making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner;
(viii)
harming minors in any way;
(ix)
infringing any patent, trademark, copyright or other proprietary rights;
(x)
violating any law for the time being in force;
(xi)
deceiving or misleading the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(xii)
impersonating another person or using a fraudulent computer network protocol address;
(xiii)
deploying software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource including the Website and cause them to stop functioning or being impaired, or resulting in crashing, deletion, omission, destruction or alteration of the program, system, website data or information; and/or
(xiv)
threatening the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
B
You shall not host, display, upload, modify, publish, transmit, store, update or share any Content or information that:
(i)
belongs to another person and to which the User does not have any right to access;
(ii)
is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, racially or ethnically objectionable, disparaging;
(iii)
is harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous or hateful to any person or groups of people, including minors;
(iv)
infringes any patent, trademark, copyright or other proprietary rights;
(v)
violates any law for the time being in force, including any laws and regulations against money-laundering, terrorism-financing or gambling, or is otherwise inconsistent with or contrary to any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation;
(vi)
deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii)
impersonates another person;
(viii)
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
(ix)
contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; or
(x)
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and/or
(xi)
is expressly or impliedly prohibited under the applicable laws in Combatting Rumours and Cybercrimes,
C
You are also prohibited from:
(i)
violating or attempting to violate the integrity or security of the Website or its Content;
(ii)
transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of services by us;
(iii)
intentionally submitting on the Website any incomplete, false or inaccurate information, or otherwise use the Website and/ or Services or upload Content in a manner that is fraudulent, unconscionable, false, misleading or deceptive;
(iv)
use the Services in violation of or to circumvent any sanctions or embargo administered or enforced by the U.S. Department of Treasury's Office of Foreign Assets Control, the UN Security Council, the European Union or the UK His Majesty's Treasury;
(v)
making any unsolicited communications to other Users of the Website;
(vi)
using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;
(vii)
harvest or collect any information about or regarding other Account holders, including any personal data or information;
(viii)
attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;
(ix)
copying or duplicating in any manner any Content or other information available from the Website;
(x)
framing or hotlinking or deep linking any Content;
(xi)
taking any action that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services and/or
(xii)
acting in contravention of the applicable laws on Combatting Rumours and Cybercrimes.
11QUANTITY RESTRICTIONS
A
We reserve the right, at our sole discretion, to limit the quantity of Products purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit/ debit card and also to orders that use the same billing and/ or shipping address. We will provide notification to the User should such limits be applied. We also reserve the right, at our sole discretion, to prohibit sales to any one as we may deem fit.
12PRICING INFORMATION:
A
The prices and availability of the Products, offers and Services provided or offered on the Website are subject to change at the sole discretion of the Company without prior notice or liability. We endeavour to be as accurate as possible; however, there can be negligible difference, including the typographical errors. In the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or Product information, we shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product, unless the Product has already been dispatched. In the event that an item is mis-priced, we may, at our sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the Product ordered by you has been dispatched, your offer will not be deemed accepted, and we will have the right to modify the price of the Product and contact you for further instructions using the e-mail address or the contact number provided by you during the time of registration or cancel the order and notify you of such cancellation. The payment for an order may be processed prior to dispatch of the Product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be refunded back to your original payment source after cancellation.
B
Promotional Offers/Discounts: Our promotional offers/ discounts may be limited to selected categories or may be limited stock offers. Coupon codes may or may not be applicable on selected categories of the Products or such other products or Services at the sole discretion of the Company. The prices displayed for each item under the promotion will be valid for the respective days of promotion only and will not be applicable on any date prior to or after the date of promotion. The Company may at its sole discretion modify, extend, update or withdraw the offers on the Products without prior notice to the Users. In such events, the revisions, as the case may be, will be updated on the Website accordingly. A promo code once used may not be refunded in case of cancellation of order either by the User or the Company. In case of cash back offers extended by banks, the User will, in addition to these terms, be governed by the terms and conditions of the said bank/card issuer.
13INDEMNITY:
A
You agree to release, defend, indemnify and hold harmless the Company (including its licensors) its and their respective employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Company or any third-party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.
B
When the Company is threatened with suit or sued by a third-party, the Company may seek written assurances from you concerning your promise to indemnify the Company. Your failure to provide such assurances may be considered by the Company to be a material breach of the User Agreement. The Company will have the right to participate in any defence by you of a third-party claim related to your use of any Content or Product, with counsel to be appointed by the Company at its expense. The Company may reasonably cooperate in any defence by you of a third-party claim at your request and expense. You will have sole responsibility to defend the Company against any claim, but you must receive our prior written consent regarding any related settlement. This section shall survive the expiry or termination of the User Agreement.
14PRIVACY:
A
The Company believes strongly in protecting the User's privacy and providing you with the information regarding the Company's privacy practices. Please refer to our Privacy Policy that is accessible at the Website.
B
Please review the Privacy Policy to understand how we collect and use the information associated with your Account and/or your use of the Services.
C
You acknowledge