Terms of service
OVERVIEW
Throughout the site, the terms “we”, “us”
and “our” refer to candidstitch.com. 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.
These Terms of Use are an electronic record in terms of the
Information Technology Act 2000, as amended from time to time, and rules framed
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:
- belongs
to another person and to which the user does not have any right;
- 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;
- is
harmful to child;
- infringes
any patent, trademark, copyright or other proprietary rights;
- deceives
or misleads the addressee about the origin of the message or knowingly and
- intentionally
communicates any misinformation or information which is patently false and
untrue or misleading in nature;
- impersonates
another person;
- 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;
- contains
software virus or any other computer code, file or program designed to
interrupt, destroy or limit the functionality of any computer resource;
and
- 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.
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.
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 Bangalore.
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
grievance@candidstitch.com
GRIEVANCE REDRESSAL
Any complaints or concerns with regards to the use or
content of this site or breach of these Terms of should be immediately informed
to the following mail:
Email: grievance@candidstitch.com