The words "You" or "User" as used herein, refer to all individuals and/or entities accessing or using the Platform for any reason.
"Account" means the account successfully opened by the User in the Platform.
"Company" “We” or “Us” means CliffJumper Technologies Pvt Ltd or any of its assignee incorporated under the [Indian] Companies Act, 1956.
The Company does not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
4. Restrictions on use
Users shall not use the Platform in order to transmit, distribute, store or destroy material, including without limitation content provided by the Company: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libelous, obscene, threatening, abusive or is offensive to users of the Platform, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or that is false of misleading; or that harasses or advocates harassment of another person.
Users are also prohibited from violating or attempting to violate the security of the Platform, including, without limitation the following activities:
- accessing data not intended for such user or logging into a server or account which the User is not authorized to access;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Platform, overloading, "flooding", "spamming", "mailbombing", "hacking" or "crashing"; or
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
Specific Restrictions on Rights to Use: In addition to the above, the users shall not:
- modify, adapt, translate, or reverse engineer any portion of the Platform and/or Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Platform and/or Service;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform and/or Service or for crawling the Platform and scraping content or to circumvent the technological methods adopted by the Platform to prevent such prohibited use;
- collect any information about other Users including Members (including usernames and/or email addresses) for any purpose other than that specified in services;
- reformat or frame any portion of the web pages that are part of the Platform and/or Service;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as "spam" to other users or members of the Platform and/or Service or otherwise interfere with other User's or Member's enjoyment of the Platform and/or Service;
- submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company or the Platform;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use of the Platform or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any content offered on the Platform for other than your own use;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Company's IT infrastructure;
5. Remedies with the Company
You understand and agree that the Company or the Platform may review any data or content that the Company finds, in its sole discretion, that the User violates any terms of this Agreement especially clause 4, the Company and/or the Platform reserves the right to take actions to prevent/control such violation including without limitation, removing the offending communication or content from the Platform and/or terminating the membership of such violators and/or blocking their use of the Platform and/or Service.
The Company shall also be entitled to investigate occurrences which may involve such violations and take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
6. Membership Process
You are responsible for maintaining the confidentiality of Your account information, and are fully responsible for all activities that occur through Your account. Should there be instances of any unauthorized use of Your account or any other breach of security, please notify Us to stop processing requests from Your account, until further instructions.
8. Shipping, Returns, Cancellations and Refunds
We shall endeavour to ship the order to you in excellent condition and in the earliest possible time
The delivery time shown at the time of order confirmation is our best estimate. While we will try our best to deliver the product well within that period, unexpected traffic and weather conditions, or procedural delays at entry points of gated societies or office complexes, may lead to delays in deliver. We will keep you updated in case of any significant changes in delivery time.
In case of any delays in delivery due to reasons attributable to Us, we will credit your Pixipin wallet with ₹50, usable against future orders on Pixipin.
Returns and Exchange
We recommend that you try and carefully examine all products at the time of delivery and ensure that they are to your satsification. We will not be able to accept any return or exchange requests once the delivery has been completed. Our delivery agents will be happy to wait for a reasonable period of time while you examine and / or try the products.
Garments & Footwear: If the size does not fit, you may request an exchange. We will be happy to ship a different size to you, at no extra cost, subject to availability at the store. If the alternate size is not available, we will be happy to return the item and process a full refund.
Perfumes: Perfumes, fragrances etc. can only be returned with the original, packaging intact (including shrink wrap). We will not be able to accept returns if the packaging is opened in any way.
Make-up items: Due to store policies, we will not be able to accept returns for make-up items.
If you do not like the product for any reason, we will be happy to return it and refund the amount as per the refund policy specified below.
All items to be returned must be in their original condition with all original tags and packaging intact. When you try a product, please take adequate measures to preserve its condition.
We understand that sometimes you may change your mind after ordering. In such a case, please let us know and we will be happy to cancel your order and issue a full refund.
While we try out best to only showcase products that are in stock, occassionally, the product you ordered might be temporarily unavailable at our partner store. In such a case, we will contact you within 15 minutes of order placement and cancel / reschedule the order as applicable.
We may need to cancel your order in case of failure to contact you by phone at the time of confirming the order booking, or failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery. If you wish to purchase the same product again, you might need to order again.
No cancellation fees will be charged in any of the cases mentioned above and the full amount will be refunded to you as per the refund policy outlined below.
Our decision on refunds shall be at our sole discretion and shall be final and binding.
All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card / payment instrument.
The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend the User's access to the Platform and/or the Services (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of this Agreement, the Company shall not be liable to indemnify the User for any loss or/and damage or/and costs or/and expense that the User may suffer or incur, and no fees or/and charges payable by the User to the Company shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.
11. Term and Termination
13. Liabilities upon termination
15. Copyright Dispute Policy
15.1 The Company has adopted the following general policy towards copyright infringement. The contact details of the Company's designated agent to receive notification of claimed infringement ("Designated Agent") is provided at the bottom of this section.
Company's Policy: It is the Company's policy to block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or Users; and remove and discontinue Services to repeat offenders.
Procedure for reporting purported copyright infringements: If you believe that your copyrighted material or content is posted, uploaded or made accessible through the Platform or Services, please inform the Designated Agent of such material or content and provide us with the following information too ("Bona Fide Infringement Notification") —
- Details of the ownership of the copyright and if applicable, a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Details of works or materials that you believe are being infringed;
- Identification of the material or content on the Platform that is claimed to be infringing your copyrighted works including information regarding the location of such materials with sufficient detail to enable the Company to find and verify such materials;
- Your contact information including address, telephone number and, if available, email address;
- A statement by you that you have a bona fide belief that the publication or uploading of the copyrighted material has not been authorized by either by (a) the copyright owner; (b) his authorised agent, or (c) the law; and
- A statement by you setting out either that you are the owner of the copyrighted work or have been authorised by the owner to communicate with the Company with regard to the use, publication, uploading of the copyrighted work on the Platform.
CliffJumper Technologies Pvt Ltd,
Email: [email protected]
Upon Receipt of a Bona Fide Infringement Notification: Once the Company has received a Bona Fide Infringement Notification, the Company shall have the right to, at its sole discretion, remove or disable access to the material claimed to having breached the notifier's copyrighted works and to notify the Content provider, member or user that it has removed or disabled access to the material.
Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, Member or User believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, Member or User believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, Member or User must send a counter-notice containing the following information to the Designated Agent:
- A physical or electronic signature of the content provider, Member or User;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider, Member or User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The provider's, member's or user's name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the competent court in Delhi.
Removal: If a counter-notice is received by the Designated Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless a court of competent jurisdiction gives direction against removal of such material, the removed material may be replaced or access to it restored at any time at the sole discretion of the Company, after receipt of the counter-notice.
15.2 It is clarified that the role of the Company is to facilitate consultation between users and it shall not take responsibility or be liable for any copyright infringement.
16. No Liability for Third Party
If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Services, such activity would be solely between you and the third party. The Company shall have no liability, obligation or responsibility for any such activity.
Save to the extent required by law, the Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding: which users gain access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release the Company from all liability for you having acquired or not acquired Content through the Service. The Service may contain, or direct you to Platforms containing, information that some people may find offensive or inappropriate. The Company makes no representations concerning any Content contained in or accessed through the Service, and the Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
You release us from all liability relating to your connections and relationships with other users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of users or the veracity of any information users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals.
The site, service, content and add-to link are provided "as is", "as available" and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that:
(a) the service will be secure or available at any particular time or location;
(b) any defects or errors will be corrected;
(c) any content or software available at or through the service is free of viruses or other harmful components; or
(d) the results of using the service will meet your requirements.
Your use of the Platform, service, content and add-to link is solely at your own risk. Some states/ countries do not allow limitations on implied warranties, so the above limitations may not apply to you.
18. Limitation on Liability
All liability of the Company, its directors, employees, agents, representatives, partners, suppliers or content providers howsoever arising for any loss suffered as a result of your use the site, service, content, user submissions or add-to link is expressly excluded to the fullest extent permitted by law, save that, if a court of competent jurisdiction determines that liability of the Company, its directors, employees, agents, representatives, partners, suppliers or content providers (as applicable) has arisen, the total of such liability shall be limited in aggregate to one hundred US dollars ($100).
To the maximum extent permitted by applicable law, in no event shall the Company, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not the company, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to the site, service, content, user submissions or add-to link for:
- indirect or consequential losses or damages;
- loss of actual or anticipated profits;
- loss of revenue;
- loss of goodwill;
- loss of data;
- loss of anticipated savings;
- wasted expenditure; or
- cost of procurement of substitue goods or services.
death or personal injury arising as a result of our or your negligence (as applicable);
fraud (including fraudulent misrepresentation), theft or other criminal activity; or
any breach of any obligations implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
User agrees to take all possible precautions with regard to protecting Confidential Information from any third party. Further no use, reproduction, transformation or storage of the Confidential Information shall be made by the User without the prior written permission of the Company, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.
The User has access to only his own data and information stored in the database at Platform (subject to prior confirmation of identity) and nothing more. The User may edit or amend such data and information from time to time.
All Confidential Information (including name, e-mail address etc.) voluntarily revealed by the User in chat and bulletin board areas, is done at the sole discretion and risk of the User. The Company shall not be responsible for misuse of any such information, collected by a third party, or any unsolicited messages from such third parties.
If the User is not genuine and is using or accessing the Platform to gain Confidential Information and if such a User has obtained access to the Confidential Information, it shall be a breach of this Agreement and shall be kept absolutely confidential. Any use or divulgence of such Confidential Information by such User, shall entitle the Company to inquire and investigate and seek legal remedy against such User including to seek temporary and permanent injunction.
Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
Grievance Redressal: The Company shall endeavour to address grievance or complaints of the Users to the extent possible. Towards this the Company is committed to form a Grievance Redressal Cell, which can be reached on the telephone number as mentioned in the Platform or on the email address [email protected]
Links to third party sites - The Platform may contain links to other Platforms ("Linked Sites"). The Linked Sites are not under the control of the Company or the Platform and the Company is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for any form of transmission, whatsoever, received by the User from any Linked Site. The Company is providing these links to the User only as a convenience, and the inclusion of any link does not imply endorsement by the Company or the Platform of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof.
The Company is not responsible for any errors, omissions or representations on any Linked Site. The Company does not endorse any advertiser on any Linked Site in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Interpretation in this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.