1.1 This document is an electronic record under Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes under applicable Indian laws. This electronic record is generated by a computer system and does not require any physical or digital signatures.
2. USER AGREEMENT
2.1 Your use of www.rainandpeacock.com and all the web-pages, hyper-links, tools and services provided there under (hereinafter referred to as “the Website” which expression shall include and successor or replacement website) is governed by the following terms and conditions as applicable to the Website (“User Agreement”). This User Agreement shall come into effect upon your each visit or usage of the Website or upon your registration or upon you providing any information on the Website. In this User Agreement, you are contracting with Pink Owl Design Pvt. Ltd a company incorporated under Companies Act, 1956/2013 with registered office at E-43/1, Okhla Phase-II, New Delhi (India), hereinafter referred to as “the Platform” which expression unless the context otherwise require shall mean and include its successors, liquidators and assigns.
2.2 For the purpose of the User Agreement, Registered User / Visitor and wherever the context so require ‘You’ shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data (as defined hereinafter) while registering on the Website as Registered User using the computer systems of the Website or who has used the Website without becoming a Registered User, and, in both the cases, accepted this electronic version / electronic record of the User Agreement. A Registered User has allocated himself a unique identification user name (“User ID” and “Password”) to become Registered User. The term and expression ‘You’ shall unless the context otherwise require shall and include your legal heir, receivers, successors, liquidators and permitted assigns.
2.3 As a Registered User or an Unregistered User, this User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean your affirmative action in clicking on ‘check box’ and /or on the ‘continue button’ and/or or any affirmative action as provided on the registration page of the Website. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not seek to obtain access to or otherwise use the Website.
2.4 Amendments to the User Agreement: The Platform may amend this User Agreement at any time by posting a revised version on the Website. The revised version will be effective at the time Platform posts it on the Website. You are advised to regularly check for any amendments or updates to the terms and conditions contained in this User Agreement.
2.5 Important Disclaimers: The following disclaimers by the Platform are the key to determine any relationship between You and the Platform for Your use of the Website and for Platform providing any services on the Website:
2.6 Platform and its suppliers, affiliates and service providers provide the Website and services on “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
2.7 Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
2.9 You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled “Limitation of Liability”.
2.10 You agree and understand that Platform provides no guarantee, warranty or assurance that such third party service providers will protect Your personal information and Platform shall not be liable for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform.
2.11 You agree that the aforesaid disclaimers shall be in addition to any other disclaimers given in this User Agreement.
3. ELECTRONIC COMMUNICATIONS
3.1 When You use the Website or send emails or other data, information or communication to the Platform, You agree and understand that You are communicating with the Website and Platform and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Platform and all other Registered Users and Visitors and as and when posted, communicated or required.
3.2 By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Platform as provided from time to time in various hyperlinks on the Website.
4. MEMBERSHIP ELIGIBILITY
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website and shall not purchase any items on the Website. As a minor if you wish to purchase an item on the Website such purchase or sale may be made by your legal guardian or parents who have registered as users of the Website. Platform reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Platform’s notice or if it is discovered that you are under the age of 18 years or are otherwise “incompetent to contract”. If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
5. YOUR ACCOUNT AND REGISTRATION OBLIGATIONS
5.1 If you use the Website as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Platform has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
5.2 You hereby grant us a non-exclusive, worldwide, perpetual, irre>
6. FEES AND SERVICES.
6.1 Membership on the Website is free. However, You will be charged an amount for the goods sold on the Website on the price as listed against a particular good, as well as the applicable delivery fee as decided by www.rainandpeacock.com.
6.2 Taxes: You are responsible for paying all fees associated with the use of the Website and you agree to bear any and all applicable taxes, charges, cesses etc. levied thereon.
6.3 Non-payment: Platform reserves the right to issue a warning, temporarily /indefinitely suspend or terminate your membership of the Website, refuse to provide you with access to the Website, and refuse to deliver the good as purchased by You, in case of non-payment of the consideration for the goods intended to be purchased over the Platform. Platform also reserves the right to take legal action in case of non-payment of amount for the products purchased.
7. USE OF THE WEBSITE
7.1 You agree, undertake and confirm that your use of the Website shall be strictly governed by the following binding principles:
You are solely responsible for Your Information, and the Platform and the Website act only as a passive conduit for your online distribution and publication of Your Information. You shall not host, display, upload, modify, publish, transmit, update or share any information or share/list(s) any information or item that: (i) belongs to another person and to which You does not have any right to; (ii) 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; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; (iii) harm minors in any way; (iv) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items; (v) violates any law for the time being in force; (vi ) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (vii) impersonate another person; (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; (ix) 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. (x) shall not be false, inaccurate or misleading; (xi) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force. (xii) shall not create liability for Platform or cause Platform to lose or disrupt (in whole or in part) the services of our service providers or other suppliers; and. (xiii) shall not link directly or indirectly to or include descriptions of items, goods or services that are prohibited under the User Agreement or any other applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860, Information Technology Act 2000 as amended time to time and rules there under. Please note that in accordance with the Information Technology (Intermediaries guidelines) Rules 2011, in case of non-compliance with rules and regulations, User Agreement and/or any policies contained or referred to herein for access or usage of an intermediary computer resource, the intermediary has the right to immediately terminate the access or usage rights of the users to the computer resource of intermediary and remove non-compliant information. This right is in addition to all other rights and remedies available to the Platform against You either in this User Agreement or any policy contained herein, in any applicable law or under torts.
7.2 Platform is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply. The Platform will make all sincere efforts to deliver the purchased products on time, however, the Platform will not be responsible for any delayed delivery of the product. The Platform will make an endeavor to deliver the products as sold within a period on 30 (thirty) working days from the time of conclusion of sale depending on where the purchased resides. Further, You agree that the services of delivery can be availed only in India on such terms as www.rainandpeacock.com may decide from time to time.
7.3 The Platform is not responsible and does not guarantee that the pictures, or pictorial representations of the goods sold on the Website will accurately depict the final product. You assume the risk of purchasing the products from the Platform and the Platform will not under any circumstance be liable to refund/return/exchange the goods once sold from the Platform. If You do not agree to this condition, You are advised not be take any services as provided by the Platform or access the Website.
7.4 You release and indemnify Platform and/or any of its shareholders, directors, officers, personnel and representatives from any cost, damage, liability or other consequence of any of the actions of Your on the Website and specifically waive any claims that you may have in this behalf under any applicable law.
7.5 Platform cannot control the information provided by other users which is made available on the Website. You may find other user’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.
9. NO RETURN OR EXCHANGE POLICY
The Platform does not have any return or exchange policy of the goods once sold by the Platform. You agree that once you have purchased the product from the website, it is impermissible to cancel the sale. Further, You agree that you waive the right of return and also exchange once the sale has been concluded. You are advised not the use the services of the Platform if you do not agree with the “No return, no exchange policy”.
10. PAYMENT FACILITY
10.1 Platform may from time to time contract with third party payment service providers including banks to open bank account under applicable Indian laws, to facilitate the payment and other charges for goods/products purchased over the Platform. These third party payment service providers may include third party banking or credit card payment gateways, payment aggregators, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner.
10.2 For Pre-Paid Orders: The date of transaction ‘T’ is defined as the date on which the shipping details are entered into the Website.
10.3 For Cash On Delivery Orders: The date of transaction ‘T’ is defined as the date when the Platform receives the money into its nodal bank account from the courier or cash on delivery service provider.
11.1 Without limiting other rights and remedies, Platform may limit your activity, warn other users of your actions, refuse to ,provide services to You immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event, but not limited to:
11.1.1 If you breach the User Agreement or any terms or policies of the Website;
11.1.2 If your actions may cause legal liability for you, other users or Platform inter alia.
11.2 Platform may at any time at its sole discretion reinstate suspended users. Platform reserves the right to recover any amounts due and owing by you to Platform and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
12. NO WARRANTY AND DISCLAIMERS
12.1 The Platform and its affiliates and service providers provide the Website and services on “as is” basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
12.2 Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
13. LIMITATION OF LIABILITY
13.1 In no event shall Platform or its affiliates and service providers be liable for any indirect, incidental, special, incidental, consequential, punitive 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, its services or this agreement (however arising, including negligence or under torts or under public policy).
13.2 Platform shall have no liability to You or to Indemnify You. However, You shall fully indemnify, keep indemnified, defend and hold harmless Platform and Platform’s shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of the User Agreement or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party.
13.3 General: None of the provisions of the User Agreement shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal to principal basis.
13.4 If any clause of the User Agreement shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the User Agreement.
13.5 This Agreement sets forth the entire understanding and agreement between You and Platform with respect to the subject matter hereof.
13.6 In Platform’s sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.
14. GRIEVANCE OFFICER:
15. GOVERNING LAW
This User Agreement and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Platform shall be governed and construed in accordance with the laws of India.
If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The seat and place of arbitration shall be New Delhi only. Your obligations to pay the Payment Fees shall not be suspended during the arbitration proceedings.
17. TAXES ON DISCOUNT TERMS AND CONDITIONS
17.1 Discount is not exempted from tax
17.2 Taxes are applicable on coupon discount amount
17.3 The exact discount you will be getting is the coupon code discount amount minus the taxes which are applicable