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Terms of Service

 

This website is operated by www.cutiefy.in. Throughout the site, the terms “we”, “our” and “us” refer to www.cutiefy.in. Cutiefy offers this website, including all information, and services available from this site to you, wherein the user or buyer is conditioned upon acceptance of all terms, conditions, policies, and notices stated here.

Your use of this website www.cutiefy.in (hereinafter referred to as the “Site”) and its related sites, services, and tools). If this TERMS OF SERVICE conflicts with any other document, the TERMS OF SERVICE will prevail for usage of the Site. If you do not agree to be bound by these TERMS OF SERVICE and the Privacy Policy, you may not use the Site in any way.

The Company may amend these terms and/or the Privacy Policy at any time. All updates and amendments shall be notified to the user via posts on the website or through e-mail. The revised version of the terms will be effective from the time we post it on the Site, and in the event, you continue to use our Site, you are impliedly agreeing to the revised TERMS OF SERVICE and Privacy Policy expressed.

If you visit, use, or shop at the site you hereby accept the stated terms and conditions. In addition, when you use any services of the company or visit or purchase from any business affiliated with the company or third-party vendors, you will also be subject to the conditions applicable to such service or merchant. 

As a condition of purchase, the Site requires your permission to send you promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our new products and promotional offers. You can unsubscribe or opt-out of our promotional emails anytime by clicking the UNSUBSCRIBE link at the bottom of any of our email correspondences. We shall have no responsibility in any manner regarding any promotional emails or SMS/ sent to you. The offers made in the company’s promotional emails or SMS shall be subject to change at the sole discretion of the Company and the Company owes no responsibility to provide you any information regarding such change. You are also required to create an account to purchase any product from the Site. This is required so we can provide you with ease of access to print your orders and view your previous purchases.

General

By using this Site, the User agrees to comply with all of the TERMS OF SERVICE hereof. The User acknowledges that, although the internet and the site is often a secured and safe environment, sometimes there can be interruptions in service or events that are beyond the control of the Company, and the Company shall not be responsible for any loss of data while transmitting information on the internet. While it is the Company’s objective to make the Site accessible 24x7, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You acknowledge that due to circumstances both within and outside of the control of the Company, access to the Site may be interrupted or suspended, from time to time. 

Membership Eligibility

Use of the Site and its services are available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are not competent to contract under the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Site. If you are a minor, you shall not register as a member and shall not purchase or bid for any items on the Site. As a minor, if you wish to purchase an item on the Site such purchase or sale may be made only by your legal guardian or parents who have registered as users of the Site. 

Your Account

In consideration of your use of the Site, you represent that you are of legal age and are competent to contract, and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide accurate information about yourself as required by the Site’s registration form. If you provide any information that is false, inaccurate, or incomplete, We have the right to suspend or terminate your account. You further agree to take responsibility for all transactions made from your account and any dispute arising out of any misuse of your account, shall not be entertained by the Company. We recommend the user to exit from account at the end of the session. According to the terms, You also agree to notify us immediately of any breach of security or unauthorized use of your account. 

Access to and use of secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access password-protected or restricted areas of the Site may be subject to prosecution.

Your Information (or any items listed):

“Your Information” is defined as any information you provide to us or other users of the Site in the registration process, in the feedback area, chat service, or through any e-mail feature. You are solely responsible for Your Information, and under certain features of the Site, we may only act as a passive conduit for the distribution and publication of Your Information.

Solely to enable us to use the information you supply us with, you agree to grant us a non-exclusive, and royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights you have in your Information. We will only use Your Information in compliance with this Agreement and/or our Privacy Policy.

Electronic Communications

When You use the Site or send emails or any information or communicate with us, You agree and understand that You are communicating with us through electronic records and You consent to receive information via electronic records from Us as and when required. We will communicate with You by email or by an electronic record on our Site which will be deemed adequate service of notice record.

License and Site Access

We grant you a limited access to make personal use of the Site and the Service. This license does not include any downloadingof product or service related information for the benefit of another vendor or any other third party;. You may also not bypass any procedure used by us to restrict access to the Site. Any unauthorized use shall terminate the license granted to you by Cutiefy.

 Links

Cutiefy may provide links to other sites or resources. Since we have no control over such resources, you acknowledge that we are not responsible for the availability of such external sites, and hence, do not endorse or support any content, advertisement, products, or other materials on or available from such sites. You further agree that we are not liable, directly or indirectly, for any damage or loss caused in connection with the use of or reliance on any such content available through any such site.

Pricing Information on sale by us

We provide you with the reasonable prices possible on products. Regardless, prices and availability are subject to change. The prices mentioned on the Site are not subject to comparison with the same or similar products available through any online or offline deal. The pricing of the product is liable to our pricing policy and the prices shall be inferred only at our sole preference.

We will have the liberty to revise the price of the product and contact you for further instructions. If we have to cancel the order after we have processed the payment, the amount will be inverted back to your credit card account. 

Cancellation by Us

We reserve the right to refuse or cancel any order for any purpose. We may also require further confirmations or data before accepting any order. We will contact you if all or any part of your order is canceled or if further information is required to accept your order.

Cancellations by the User

Request for order cancellations, we reserve the right to approve or deny requests for order cancellations for any intention. A request for cancellation of order shall be valid if it is made within 24 (twenty-four) hours of making the order. We will not be able to abolish orders that have already been processed or orders for which a request for cancellation is made after the expiry of 24 (twenty hours) from making the order. We have the full right to agree whether an order has been processed or not.

 Fraudulent /Declined Transactions

We may constantly regulate the user’s account to avoid fraudulent accounts and transactions. Users with additional accounts or using our services fraudulently shall be responsible for legal actions under adequate law and we reserve the right to reclaim the cost of goods, collection charges, and attorneys fees from individuals using the Site fraudulently. Wand any other unlawful acts e reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site. In the event of detection of any fraudulent or declined transaction, before initiation of legal actions, We reserve the right to immediately delete such an account and dishonor all past and pending orders. For such reasons, we shall owe no liability for any refunds.

Credit Card Details

You agree that the credit card details provided by you for availing of services on the Site will be accurate and valid and you shall not use the credit card which is not legally owned by you, i.e. in a credit card transaction, you must use your credit card. You further agree and undertake to submit the valid and legal credit card details to us. Further, the said information will not be operated and shared by us with any of the third parties unless instructed for fraud verifications or by law or court order. We will not be accountable for any credit card forgery. The penalty for use of a card fraudulently will be on you and the onus to prove differently shall be entirely on you.

Trademarks

All trademarks, service marks, and trade names of Cutiefy and www.cutiefy.in used in the site are trademarks or registered trademarks of Cutiefy

Warranty Disclaimer

This site and products on this site are provided “as is'' and without warranties of any aspect, whether express or inferred. To the fullest extent acceptable under applicable law, Cutiefy.in renounces all warranties, express or implied, comprising, but not limited to, implied warranties of merchantability and fitness for a specific purpose and non-infringement. Cutiefy.in does not exemplify or warrant that the functions contained in the site will be unbroken or error-free, that the defects will be rectified, or that this site or the server that makes the site available are free of viruses or other toxic elements. Cutiefy.in does not make any warranties or articulations regarding the use of the materials in this site in terms of their correctness, accuracy, sufficiency, efficacy, punctuality, reliability. 

Cutiefy.in shall not be responsible for any special or significant damages that result from the use of, or the incapacity to use, the substances on this site or the performance of the commodities, even if Cutiefy.in has been instructed of the possibility of such damages. Acceptable law may not allow the restriction or exclusion of liability or consequential damages, so the above restriction or exclusion may not apply to you.

Indemnity

You shall to the fullest extent indemnify and hold harmless the Company, its associates and companions, and their respective officials, managers, shareholders, representatives, and employees, from any claim or demand, or actions including adequate attorneys’ fees, made by any third party or penalty imposed due to or arising out of your breach of this Agreement, or the documents it integrates by reference, or your violation of any law, rules or the rights of a third party.

Billing

The price of our product is Inclusive GST.  The GST charged shall be shown in the invoice sent with the product.

Arbitration

If any debate arises between you and the Company during your use of the Site or subsequently, in connection with the validity, statement, implementation, or alleged violation of any provision of this Agreement, and the Privacy Policy or the documents they incorporate by consideration, the dispute shall be referred to a single Arbitrator who shall be an independent and neutral third party specified by the Company. The place of arbitration shall be Mumbai. The Arbitration and Conciliation Act, 1996, shall regulate the arbitration proceedings. The arbitration proceedings shall occur in the English language.

 

Governing Law

This Agreement, and the Privacy Policy or the documents they integrate by reference shall be governed and constructed by laws of India, with exclusive jurisdiction directed by the courts at Mumbai.