Terms & Conditions of Use for thepipal.com
Welcome to www.thepipal.com, service provided by The Pipal.
thepipal.com provides its services to you subject to the terms, and conditions as below. Use of any service (for e.g., Reviews) will be subject to the rules & guidelines applicable to such service. The Pipal reserves the right to change this Site and these terms and conditions at any time. In using thepipal.com service you are deemed to have accepted the terms and conditions listed below.
Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. All information, products and services displayed on www.thepipal.com, belonging to The Pipal constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions listed below. The Pipal has the right to accept or reject your offer without assigning any reason thereof. The Pipal reserves the right to add, delete, alter or modify these terms and conditions at any time. You are therefore advised to read carefully these terms and conditions every time you use the services of thepipal.com
USAGE AND ACCOUNT OBLIGATIONS
If you are under the age of 18 years you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions of Use.
You may be assigned an Account Username & Password to enable you to login and use certain portions of this thepipal.com. By signing up for an Account Username you agree to:
1. Provide true, accurate, current and complete information about yourself in thepipal.com new user signup form
2. Maintain and update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if thepipal.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the Terms & Conditions of Use, thepipal.com has the right to indefinitely suspend or terminate your account and refuse to provide you with access to thepipal.com.
We do use your contact information to send you offers based on your previous orders and your interests.
PRICING AND TYPOGRAPHICAL ERRORS
Although thepipal.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, thepipal.com shall have the right to refuse or cancel any orders placed for that product listed at the incorrect price. thepipal.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, thepipal.com shall immediately issue a credit to your credit card account in the amount of the charge.
CANCELLATION BY thepipal.com
There may be certain orders that we are unable to accept and must cancel. thepipal.com reserves the right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card has been charged, the said amount will be reversed back in your Card Account.
These additional terms are applicable in case you have bought any products not manufactured by thepipal.com and its group companies. These additional terms and conditions are applicable in case you buy products sold on www.thepipal.com by third party vendors.
You understand and agree that there may be certain products, which will be sold on www.thepipal.com by third party vendors ('Vendors'). thepipal.com may not be able to control the transactions or the acts and omissions of the Vendors in such transactions. thepipal.com is not responsible for any non-performance or breach of any contract between you and the Vendor. thepipal.com cannot and does not guarantee that the Vendors will perform any transaction concluded on www.thepipal.com. thepipal.com does not make any representation or warranty as to the attributes (such as quality, worth, etc.) of the items or services proposed to be sold on www.thepipal.com by the Vendor. In particular, thepipal.com does not implicitly or explicitly support or endorse the sale of any items or services on www.thepipal.com. thepipal.com accepts no liability for any errors or omissions, whether on behalf of itself or third parties. You release and indemnify thepipal.com and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Vendors on www.thepipal.com and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding reasonable efforts in that behalf, thepipal.com cannot control the information provided by other Vendors, which is made available on www.thepipal.com. You may find other Vendor's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using www.thepipal.com. All other terms & conditions mentioned in this document are applicable to such transactions.
You agree, understand and confirm that the credit card or other financial details provided by you for availing of services on www.thepipal.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you. Any financial information will not be utilized and shared by thepipal.com with any of the third parties unless required for fraud verifications or by law, regulation or court order. thepipal.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to 'prove otherwise' shall be exclusively on you. thepipal.com reserves the right to recover the cost of goods, collection charges and lawyers fees from persons using thepipal.com fraudulently. thepipal.com reserves the right to initiate legal proceedings against such persons for fraudulent use of thepipal.com and any other unlawful acts or acts or omissions in breach of these terms and conditions.
www.thepipal.com links to other websites that may collect personal information about you. thepipal.com is not responsible for the privacy practices or the content of those linked websites and is not liable for any loss caused to you by those linked websites.
PRODUCT COLORS AND APPEARANCE
We have made every effort to display the colors of our products that appear on thepipal.com as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. Due to monitor and/or video card differences, subtle variations in color and texture may not be fully revealed.
thepipal.com cannot guarantee the finish and appearance of the final customized product ordered by the user. Alterations to certain aspects of your custom product order such as the size, color, personalization text, font size and type etc., may be required due to limitations caused by the design and/or available production raw materials.
REVIEWS AND FEEDBACK
Except as otherwise provided elsewhere www.thepipal.com, anything that you submit or post or provide to www.thepipal.com, including without limitation, product reviews, comments, feedback, suggestions, ideas, questions (collectively, "Disclosures") shall be and remain thepipal.com property. All Disclosures shall be treated as non-confidential and non-proprietary, and thepipal.com shall have royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Disclosures by any means and in any form, and to translate, modify, or decompile such Disclosures without restriction and without compensating you in any way. All Disclosures shall automatically become the sole and exclusive property of thepipal.com and shall not be returned to you.
thepipal.com is and shall be under no obligation (1) to maintain any Disclosures in confidence; (2) to pay you any compensation for any Disclosures; or (3) to respond to any Disclosures. You agree that any Disclosures submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Disclosures submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead thepipal.com or third parties as to the origin of any Disclosure. thepipal.com may, but shall not be obligated to, remove or edit any Disclosures (including comments or reviews) for any reason.
DISCLAIMER AND LIMITATION OF LIABILITY
thepipal.com is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of thepipal.com. thepipal.com provides content from third-party Vendors and while thepipal.com tries to ensure that the content is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. thepipal.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with thepipal.com.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of these Terms & Conditions of Use.
To the fullest extent permitted under applicable law, thepipal.com or its Vendors shall not be liable for any indirect, incidental, special, incidental, consequential 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 thepipal.com, its services or these Terms & Conditions of Use.
Without prejudice to the generality of the section above, the total liability of thepipal.com to you for all liabilities arising out of these Terms & Conditions of Use be it in tort or contract is limited to the value of the product ordered by you.
thepipal.com, its associates 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 www.thepipal.com or that the operation of www.thepipal.com will be error free and/or uninterrupted. Consequently, thepipal.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site; and/or any interruption or errors in the operation of www.thepipal.com.
We may share personal information with our affiliates to: help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of our services; and to facilitate joint or co-branded services that you request where such services are provided by more than one corporate entity. Those entities and affiliates may not market to you as a result of such sharing unless you explicitly opt-in.
We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you.
These Terms & Conditions of Use shall be construed in accordance with the applicable laws of India. The Courts at Chandigarh shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Please send any questions, comments (including copyright infringement) regarding www.thepipal.com to email@example.com