|
|
|
Terms and Conditions of Service
|
 |
Any person logging on to or using this site,hereinafter referred to as
the 'user' has unconditionally accepted the terms and conditions of use
as given hereunder and/or elsewhere in the site and these constitute a
binding and enforceable agreement between the user and Indiagifthouse.com.
1. The user may carefully read all the information on services as
provided in relevant sections of the website and also in "FAQ" .
2. Indiagifthouse.com is a site owned by RSD Software Services Pvt.
Ltd.(a company incorporated under Companies Act) having it's registered office
at D-8, Second floor Sector-63, NOIDA, U.P.- 201307 India.
All reference to Indiagifthouse.com hereafter mean and include RSD Software
Services Pvt Ltd.
3. No material from this site or any other web site owned, operated,
controlled or licensed by Indiagifthouse.com and/or associates or sister concerns
may be copied, reproduced, republished, transmitted, downloaded, uploaded or
in any other manner utilised for commercial use or otherwise without written
permission of Indiagifthouse.com. Violation of this condition is a violation of
copyright and other proprietory rights of Indiagifthouse.com and/or their associates
or sister concerns or affiliates.
4. It is expressly understood and agreed to by the user of Indiagifthouse.com
that orders placed at the site are not for trading, reselling or any other commercial
activity and all orders placed are only for sending gifts to the recipients and are
not against any monetary or valuable consideration.
5. It is expressly understood and agreed by the user that the relationship
between the user who places the order and Indiagifthouse.com is one of the Principal
and the Agent respectively and Indiagifthouse.com performs the act of fulfillment
of the order for and on behalf of the user as his/her Agent in India and uses all
diligence, skill and expertise available with them to perform this duty but does
not accept or undertake any express or implied warranty as a supplier or a seller
of goods/services nor does Indiagifthouse.com in fact sell any goods/services
either to the user or the person to whom the gift is delivered. All items purchased
or delivery arrangements made by Indiagifthouse.com are for and on behalf of the
user and the user is deemed to have expressly agreed to this arrangement and accepts
having appointed Indiagifthouse.com as his/her/their agent to purchase, pack, decorate,
write/print greetings/messages conveying feelings/sentiments of the person gifting
and/or deliver or appoint vendors/service providers to do so and to do any other
acts or deeds that are required or expedient in order to effectively perform the
duty to deliver the gifts on behalf of the user who has placed the order and made
the payment.
6. The user has by the act of placing the order authorised Indiagifthouse.com
to issue on behalf of the user all transit documents as may be required by the vendors,
transporters, couriers or postal authorities declaring the details of items and their
approximate costs and to declare that the parcels/packets were in the nature of gifts
and were of no commercial value. Indiagifthouse.com reserves the right to refuse/cancel
-any order if the purpose of placing the order was or was suspected to have any commercial
dealings with the recipient of the gift parcels in respect of the items included therein.
No order will be entertained for delivery to oneself.
7. By the act of placing the order for delivery of gift(s) the user has expressed
and conveyed his/her accord and satisfaction without any reservation about the correctness
of costs of items comprising gift(s) ordered and also about the costs of packing, decoration,
presentation, delivery etc and about the remuneration of Indiagifthouse.com for providing
it's services and further has voluntarily accepted the arrangement that the remuneration of
Indiagifthouse.com for providing it's services is included in and is part of the indicated
approximate prices on the web-site against each item of gift(s) displayed and further
acknowledges knowledge of the remuneration so retained/charged by Indiagifthouse.com and
accepts the said remuneration as reasonable and fair.
8. The purchase of items and contracts made with vendors, couriers, postal authorities
or any other third party for fulfillment of the orders of gifts received by Indiagifthouse.com
are (and shall always be in future) for and on behalf of the user(s) of the web-site who have
placed those orders and at no time can Indiagifthouse.com be held liable for any legal and
bonafide act done for the fulfillment of those orders. Further, Indian Gift House does not
(and shall not in future) make any purchase of items or make any contracts with vendors,
couriers, postal authorities for providing services for any trading/commercial purposes
on it's own account and it is expressly understood that all such purchases or contracts
are (and shall always be) to the risk and account of the user(s) for whom the
purchase/contract has been made.
9. The item(s) of gift for as long as are held in possession of
Indiagifthouse.com and until these are delivered to the recipient of the gift are held
at the risk and account of the user and Indiagifthouse.com is not responsible or liable
for any loss or damage whilst in possession of the items so purchased or whilst these are
in the hands of couriers, vendors, postal authorities or transporters appointed by
Indiagifthouse.com for the fulfillment of the orders.
10. By submitting the order form on the web-site alongwith all details prescribed
in the order form, Indiagifthouse.com is not deemed to have entered into any contract for
sale/delivery of any of the items displayed. The order form is only a request of the user to
Indiagifthouse.com for providing the services of delivering the gifts selected by him/her and
Indiagifthouse.com upon receipt of the said request and the advance payment for
the gifts selected undertakes as the Agent of the user to make an honest
endeavor to provide the services of delivery of the selected gifts as displayed
(at indicated approximate costs) to the recipients. Non delivery, mis-delivery,
part delivery or any deficiency observed or felt by the user or the receiver of
the gift does not entitle the user to claim any damages or costs nor is the user
entitled to claim any remedy by way of specific performance as between two
contracting parties in a contract of sale.
11. The user expressly agrees to use his/her own and a valid credit card.
Use of Credit Card belonging to a third party (with or without authority) is not
permitted. The user indemnifies Indiagifthouse.com for any claims/damages made by
third party claiming ownership of and/or alleging, misuse fraud or theft of his/her
Credit Card or for any claims/damages made by credit card issuing Company or Bank
over the use/misuse of the credit card and the user irrevocably accepts full
responsibility to pay/reimburse Indiagifthouse.com for all such claims/damages/costs
including legal fee of advocates.
12. By the act of providing credit card details on the order form or on phone,
Fax or e-mail the user has expressly and irrevocably authorised Indiagifthouse.com
and their Banks to charge his/her credit card with the amount in Indian Rupees equivalent
to US Dollars at the exchange rate determined by Indiagifthouse.com.
13. The user represents and warrants not to engage in or attempt to engage in
what could reasonable be construed as providing himself/herself a cash advance from
his/her credit card and agrees not to assist others to engage in any such or similar
activity. If Indiagifthouse.com has reasons to believe/suspect any such activity on
the part of the user directly or indirectly, Indiagifthouse.com has the right to take
any action it deems appropriate, including without limitation, to cancel the order(s)
and/or forfeit the amounts received by it and/or suspend/terminate/refuse all
current/future use of it's services (or any portion thereof) to such a user or the ones
assisted by him/her.
14. The user represents and warrants that he/she are fully aware of the laws of
the Country/States he/she resides in and also those of India governing sending/receiving
gifts (including gift voucher, Bank Drafts, etc etc.) and the use of credit cards therefore
and the user is not violating, nor attempting to violate, any law and indemnifies fully
Indiagifthouse.com against any action, loss or consequences for his/her (or at
his/her behest) illegal conduct or participation in illegal or fraudulent act/scheme.
15. Indiagifthouse.com provides services for delivery of gifts on behalf of a user
assuming his bonafide intentions and not for any malafide, illegal, indecent or
ill-intentions meant to harrass injure or embarrass the receiver. In the event any
receiver of the gift alleges any harrassment, injury, ill-intentions or malafide in
the matter of receipt of any gifts Indiagifthouse.com is fully and completely indemnified
by the user who has placed that/those order(s) and made payment thereof for all the costs
and consequences of such claims/allegations and Indiagifthouse.com shall not be held
responsible and the user alone shall be responsible for all such and similar consequences.
16. The services provided on this site are without warranties of any kind either
expressed or implied and Indiagifthouse.com disclaims all or any of them to the fullest
extent. Indiagifthouse.com does not warrant that the services offered will be error-free,
or that the defects will be corrected, or that this site or the server that makes it
available are or will be free of viruses or other harmful components. Any warranties or
After Sale Services if any offered by the Manufacturers/Vendors on any items/services
constituting a gift shall be serviced directly by such Manufacturer/Vendor and
Indiagifthouse.com shall not be under any obligation to ensure compliance or handle
complaints.
17. Under no circumstances whatsoever shall Indiagifthouse.com be liable for
any loss of data, lost profits or any damages whatsoever including, without limiting,
any indirect, special, incidental, consequential or other damages that result from the
use of or inability to use the items/services constituting a gift as offered on the site.
Notwithstanding the foregoing, in no event shall Indiagifthouse.com be liable to the
user for any or all damages, losses, and causes of action (including but not limited to,
negligence) or otherwise exceeding the amount paid by the user to Indiagifthouse.com
for that specific item of gift/service.
18. Notwithstanding any or all of the Terms, Conditions & Disclaimers stated
herein and in FAQ or elsewhere in the site, any refund or payment by Indiagifthouse.com
to the user or anyone else acting on his behalf for any reason whatsoever, voluntarily
or on being claimed by any user shall not become a waiver of any or all of the Terms,
Conditions and Disclaimers made and shall not become a precedent for similar future
actions/claims or confer any rights on the claiment. AND further that all such
refunds/payments if any when made shall be subject to 10% deduction on account of
Bank charges and other processing overheads,
19. It is possible that other service users (including unauthorised users or
"hackers" ) may violate the terms and conditions of service and may post or transmit
offensive or obscene materials on the service resulting in some bonafide users getting
involuntarily exposed to offensive and obscene materials. Although Indiagifthouse.com
always endeavors and shall continue to endeavor to provide a secure environment for the
web-site, it may be possible for some others (including unauthorised users or hackers) to
obtain personal information about the bonafide users without the authority, consent or
knowledge of Indiagifthouse.com through illegal means. Indiagifthouse.com shall never be
held liable or responsible by any user if any such other person having illegally obtained
personal information uses it to harass or injure a bonafide user. Users are advised to
carefully select such information that they may not like to give to Indiagifthouse.com
and should refrain from doing so.
20. All users are regularly sent information on improvement and changes made in
the web-site through their addresses and e-mail addresses. Any user who may not desire
to receive e-mail from Indiagifthouse.com may give clear instructions to
21. The user is deemed to have consented to reveal/give his/her name, address, e-mail
addresses as identification to the receiver of the gifts.
22. The user shall not use or post any computer programmes in connection with his/her
use of the services offered by Indiagifthouse.com that contain destructive features, such
as viruses anomalies self- destruct mechanisms, time/logic bombs, worms , Trojan horses
etc etc.Indiagifthouse.com does not allow any bots or scripts on the server, whether they
are benign or destructive in intent.
23. The user will defend, indemnify and hold harmless Indiagifthouse.com, its
officers, Directors, agents and third parties for any losses, costs, liabilities and
expenses (including Attorney's fee) relating to or arising out of his/her use of the
services offered by Indiagifthouse.com and/or any breach of any of the terms and
conditions stated herein and this obligation of indemnity survives termination of this
agreement.
24. The user represents and warrants that he/she (a) have provided true,
accurate, current and complete information about himself/herself as prompted by
the order form and (b) will maintain and promptly update any changes required
therein to keep it true, accurate, current and complete. If the user provides
any information that is untrue, inaccurate, not current or incomplete or
Indiagifthouse.com has reasons to believe/suspect that to be so, Indiagifthouse.com
has the right to take any action it deems appropriate, including without limitation,
to cancel the order(s) and/or forfeit the amounts received by it and/or
suspend/terminate/refuse all current/future use of its services (or any portion
thereof) to such a user.
25. By using the services and/or placing orders with Indiagifthouse.com,
the users is deemed to represent and warrant that he/she is at least 18 years old.
26. Notwithsatanding any word, term or language used herein above or in F.A.Q
or at any place on the site or in e-mails exchanged with the user for processing his/her
requests, suggesting/implying a meaning in the sense of creating or seeming to create a
contract or commitment of sale of any goods between Indiagifthouse.com and the user,
it is clarified, understood and agreed that Indiagifthouse.com through this Web Site,
does not nor intends to enter into any contract for sale of goods nor offer any goods
for sale and no user or the recipient of the gifts has any right or claim legally
associated with a Buyer as defined/ used in the Sales Of Goods Act or any other Law
in India or any similar or relevant Law in the country of residence of the user.
27. If the user has any question, doubts or confusion in regard to any of the
terms & conditions set out herein he should seek clarifications from us through
Email: and should wait for a written
clarification before using the service.
28. Indiagifthouse.com reserves the right to terminate, revoke, modify, alter,
add, delete any one or more of the terms and conditions of this agreement and all such
changes shall be posted on the web-site and shall become applicable simultaneously.
THE USER OF INDIAGIFTHOUSE.COM IS PRESUMED TO BE ABOVE THE AGE OF 18YEARS AND TO
HAVE READ ALL THE TERMS AND CONDITIONS HEREIN AND FAQ AND IS DEEMED TO HAVE AGREED,
UNDERSTOOD AND ACCEPTED UNCONDITIONALLY ALL THE TERMS, CONDITIONS, PROCEDURES AND
RISKS OF USING THE SERVICES AND CAN NOT AT ANY TIME CLAIM IGNORANCE OF ANY OR ALL OF
THEM. ALL RELATIONSHIP OF ANY USER WHERESOEVER SITUATED IS GOVERNED BY AND IN ACCORDANCE
WITH THE LAWS AND JURISDICTION OF NATIONAL CAPITAL TERRITARRY OF DELHI, INDIA.
|
|