Terms and Conditions22 August 2022 2022-09-24 12:23
Terms and Conditions
THE TERMS AND CONDITIONS (“AGREEMENT”) ARE AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THEREUNDER (AS APPLICABLE AND AMENDED) AND OTHER PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
- This is a legal and binding agreement between you, the user (referred to as “User” or “you”) of the Platform, as defined below, and Cuddlepop LLP through the brand “Puttisu” (referred to as “we”, “us” or “Puttisu”) stating the terms that govern your use of the website and mobile apps (if any) (collectively referred to as the “Platform”) and the information, services and products contained therein and provided and operated by Puttisu (“Products”).
- You may create and hold one user account (“Account”) only. You will be responsible for maintaining confidentiality of the Account, password, and restricting access to your computer, and you hereby accept responsibility and liability for all activities that occur under your Account. Each Account is non-transferrable and may not be sold, traded, combined, or otherwise shared with any other person.
- Puttisu reserves the right to revise or amend the terms and conditions of this Agreement at any time by posting any changes or the revised Agreement on any Platform and with immediate effect. Each User agrees to visit the Platform regularly for changes made to this Agreement and agrees that the same shall be binding on the User(s).
- Puttisu makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform and/or Products are appropriate or available for use in other locations. If the User chooses to access the Platform, the User hereby agrees and acknowledges that the User does so on their own initiative and at their own risk and that the User is solely responsible for compliance with all applicable laws.
2. User’s Obligations
- By accessing, browsing or using any of Puttisu’s Products and/or Platform, you shall be considered a ‘User’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Products.
- By using any of Puttisu’s Products and/or Platform, the User agrees –
- To provide true, accurate, current and complete information about the User as prompted by the Platform;
- To abide by all applicable laws and regulations when using the Platform and/or the Products and to not use the Platform and/or the Products for any illegal purpose;
- Not to transmit through the Platform any unlawful, unsolicited, abusive, threatening, obscene or otherwise objectionable material of any kind, or any material that violates the law or rights of a third party, including but not limited to the intellectual property rights of that party;
- The User represents and warrants that they are at least 18 years of age. In cases, where a minor below the age of 18 years of age, wants to use the Platform and/or Products, they shall duly register themselves through their parent/guardian and such a parent/guardian hereby agrees to accordingly register and supervise usage by, and be responsible for the action of any such minors. The parent/ guardian shall enter into this agreement on behalf of such minor and bind themselves in accordance with all terms and conditions herein;
- Not access or use the Platform and/or Products in any manner that could damage, disable, overburden or impair any of the Platform’s servers or networks connected to any of the servers on which the Platform and/or Products is hosted;
- Not to commit any actor provide any information that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of Puttisu and/or any third party;
- Not do any act either directly or indirectly which may bring Puttisu into public disrepute, or offend any community or public morals;
- Not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platform and Products.
3. Use of Products
The Products available on the Platform, and the samples, if any, that we may provide you, are for your personal use only. The products, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons. In case any products purchased / received / availed causes side effects or does not suit the user of the Product, and/or causes any skin reaction, including itching, irritation, please stop using the Product and seek medical advice immediately. Puttisu is in no manner responsible for any side-effects, reactions, harm caused by use of the Products. It is advised that You should consult a specialist before the use of any of the Products.
If you are on any medication which can affect the skin, if you suffer from any skin related disorder, or if you have a condition which may affect the skin, then check with your doctor first before application of any product. Before every use, TEST THE SKIN REACTION OF THE USER OF THE PRODUCT by applying the Product to a small part of the area you wish to use the Product over, preferably on the inside of your wrist, following the directions for use. If after 24 HOURS there is no adverse reaction, you can continue to use the Product. However, if you experience any kind of discomfort during use, then remove the product immediately and rinse thoroughly with cold water. If a burning sensation persists, please seek medical advice.
4. Content Posting
You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation:
- accessing any data or logging onto a server in an unauthorised manner;
- attempting to or committing a breach of a secured system or network, including interfering with any other user’s account, system, by “flooding”, “spamming” etc.
- sending unsolicited email, including promotions and/or advertising of products or services;
- forging any header or any part of the header information in any email or newsgroup posting; or
- threatening the unity, integrity, defence, security or sovereignty of India, public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence.
6. Puttisu’s Intellectual Property Rights
- “Content” means any and all information and data, which may include but not be limited to text, software, voice, graphics, photos, images, designs, sounds, music, videos, logos, any other copyrightable materials, interactive features (if any) and such other materials created by Puttisu and made available on the Platform.
- All Content or other material available on the Platform or through the Products, are the property of Puttisu and/or its affiliates or licensors, and are protected by copyright, patent and/or other intellectual property rights under Indian and foreign laws.
- The Platform, Products, and any information or Content are provided on an “as is” and “as available” basis with all faults. Puttisu makes no representations, warranties and hereby disclaims any and all representations and warranties (whether express or implied) including but not limited to in relation to in respect of quality, suitability, accuracy, completeness, rationality, reliability timeliness, performance, safety, merchantability, fitness for a particular purpose. Without limiting the foregoing, Puttisu does not guarantee the availability or continuity of the Platform and/or Products, any discounts or offers, or any part thereof and Puttisu or any of its affiliates will not be responsible to you in relation to the Platform and/or Products, for any reason whatsoever including in relation to the unavailability of the Platform and/or Products or your inability to avail the Platform and/or Products.
- Puttisu does not accept any liability for injury or loss (including consequential loss) or expertise of any nature arising directly or indirectly from the application of, use of, or reliance of any information derived from the Platform.
- The product images and measurements may be slightly different from the actual product.
- The Platform and/or Products may contain errors or inaccuracies and may not be complete or current. Puttisu, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
- Without limiting the generality of the foregoing, Puttisu makes no warranty:
- that the information provided on this Platform is accurate, reliable, complete, or timely;
- that the links to third-party websites are to information that is accurate, reliable, complete, or timely;
- no advice or information, whether oral or written, obtained by you from this Platform will create any warranty not expressly stated herein;
- as to the results that may be obtained from the use of the Products or that defects in the Products will be corrected; and
- regarding any Products purchased or obtained through the Platform.
8. Customer Service Facility
- Puttisu has a customer service facility to help you with Platform related queries. This facility is subject to the following conditions:
- We may suspend the customer service facility at any time without notice.
- We are not responsible for any delay caused in replying to the queries via chatting with any customer service representative.
- We may record any telephonic conversations with you, and/or store all your communication through chat for future reference, and the user of such service will not have the right to access such information at any future date.
- While chatting you shall not communicate any unlawful, threatening, abusive or obscene information or engage into any form of solicitation.
9. Pricing & Availability, Delivery, Tracking and Return Policy
The prices and availability of the Products, offers and services provided or offered on the Platform are subject to change without prior notice and at the sole discretion of Puttisu. Prices may vary from those offered on the Website and offers in offline stores and online on other websites and portals. The Payments for the Products available on the Platform can be made via credit cards, debit cards, net banking, wallets, UPI, QR.
Delivery usually takes _7 to 10____ business days from the date of order placement. Upon placement of the order, the estimated shipping and delivery timelines shall be available on order details page. In the event, Puttisu is unable to deliver the Product within the estimated delivery date due to any reason, you will be notified by an e-mail the reason for such delay. You agree that Puttisu shall not be liable to pay for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery.
Upon dispatch of the Product, you will receive an email with the details of the tracking number and the courier company. Alternatively, you may visit your Account to know the status.
Returns and Refunds:
We carefully inspect the Products before we ship your order to ensure there is no damage to the Products. However, if you notice any damage to your purchase upon delivery, please contact us (email:email@example.com) within 24hours of delivery so that we can promptly organize the replacement of your Products.
The Products are non-returnable unless it is externally damaged for which you need to inform us within 24 hours of delivery. Such a product needs to be unused, unwashed and in its original, undamaged packaging within 7 days of purchase, Once the returned product is examined by our internal Quality checked team, the refund process will be initiated which may take up to 15-20 working days. For a refund of the Product value less any discounts and offers (as applicable and availed at the time of making the purchase). Please note that if we find that the Product is lost or damages during shipping, or has not been returned to us in fully resalable condition, we reserve the right to decline a refund on the item or deduct up to 30% of the original selling price from the refund amount, at our discretion. We will not accept returns on sale and clearance items, and on items damaged through normal wear and tear.
To return or exchange, simply email us (firstname.lastname@example.org) and notify that you will return the item and enclose the original packing slip (mark the item you are returning) in the parcel. In replacement of your return item, you can buy any other product of the equivalent or more from the Platform. Please note that delivery charges will not be refunded for a change of mind and the return delivery is to be covered at your own cost. For an exchange, we will cover the cost of shipping of new item.
5024, 1 Aerocity,
NIBR Corporate Park,
Andheri Kurla Road,
Safed Pool, Saki Naka,
We will not accept return or exchange of any items without the original receipt or gift receipt.
10. Customer Solicitation
By accessing the Platform or placing an order or sending any information, you are communicating with us electronically and you agree to receive communications (including transactional, promotional and/or commercial messages) from us periodically and as and when required. You have the right to withdraw your consent either by using any opt out/unsubscribe link found in any email solicitation received, by sending us an email on email@example.com__________ or by way of a written removal request to ____5024, 1 Aerocity, NIBR Corporate Park, saki naka, Andheri kurla road, Mumbai-400072________ .
- You agree to indemnify and hold Puttisu and its affiliates, its group companies, their employees, officers, directors or any other person harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) your use or attempted use of the Platform or Products in violation of the terms of this Agreement; (b) your violation of any law or rights of any third party; or (c) information or Content that you or others post or otherwise make available on the Platform or through any Products, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
- Puttisu is in no manner whatsoever responsible and/or shall not be held liable in any manner whatsoever, in law, equity, or otherwise, with respect to the Platform content and Products and/or for any breach of this Agreement. Puttisu will not be liable for any losses resulting from (a) the use or the inability to use the Platform content or Products or allied services, access delays or access interruptions to the Platform including any data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modification; (b) the cost of procuring substitute the Products or content; (c) any Products purchased or obtained or transactions entered into through the Platform; or (d) any lost profits; (e) any health hazard, injury, death, mental trauma caused to You in any manner whatsoever or for any reason whatsoever in connection with the Platform and/or the Products.
- FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR SUBSIDIARIES, AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE PLATFORM OR YOUR USE OF ANY PRODUCTS, THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE SELLING PRICE OF THE PRODUCT.
You agree that Puttisu, in its sole discretion, may deactivate your User account or otherwise terminate your use of the Platform or enrolment to a Products with or without reason, including, without limitation, if Puttisu believes that you have (a) breached the terms of this Agreement; or (b) infringed the intellectual property rights of a third party or (c) posted, uploaded or transmitted unauthorised User Content on the Platform. You agree that any deactivation or termination of your access to the Platform or Products may be affected without prior notice to you and that Puttisu shall not be liable to you nor any third party for any termination of your User account or enrolment into a Products. You also acknowledge that Puttisu may retain and store your information on Puttisu’s systems notwithstanding any termination of your User account or enrolment into the Products.
13. Miscellaneous Provisions
- Puttisu may freely transfer or assign any portion of its rights or delegate its obligations under the terms of this Agreement. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the terms of this Agreement without the prior written consent of Puttisu.
- If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein and shall not affect the validity and enforceability of any remaining provisions.
- Puttisu shall have no liability under the terms of this Agreement, to the extent arising from any failure of Puttisu to perform any of its obligations under the terms of this Agreement due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within Puttisu's reasonable control. Notwithstanding the foregoing, Puttisu may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform and/or any and all Products.
- Any failure by Puttisu to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by Puttisu of that provision or right.
- You acknowledge that your participation and/or interaction with the Platform and/or Products, does not make you an employee or agency or partnership or joint venture or franchise of Puttisu.
- This Agreement shall be construed in accordance with the applicable laws of India. Any proceedings arising hereof shall be subject to the exclusive jurisdiction of the Courts at Mumbai.
- Notwithstanding the conflict of laws principle, in case of any dispute or other matter arising out of the Agreement (including in relation to interpretation or otherwise) shall be referred to a sole arbitrator appointed by Puttisu and shall be governed by the Arbitration and Conciliation Act, 1996, amended from time to time. The venue for arbitration shall be Mumbai, in English language. All the costs, charges and expenses in connection to the Arbitration shall be solely borne by the party who has raised the dispute.