Terms & Conditions
Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website. “Service Providers” mean independent third party service providers, and “we”, “us” and “our” franchisor, affiliates and partners.
Introduction:
Sugarincakedecor.com (“Website”) is an Internet based content and e-commerce portal operated by MayurNaik Company incorporated under the laws of India. Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. SMayurNaik Co at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
User account, password, and security:
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
Services offered:
MayurNaik Company provides a number of Internet-based services through its Web Sites (all such services, collectively, the “Service”). One such service enables users to purchase original merchandise such as clothing from various fashion and lifestyle brands. (collectively, “Products”). Upon placing an order, MayurNaik Co shall ship the product to you and be entitled to its payment for the Services.
Privacy Policy:
The User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of Sugarincakedecor.com. The user further consents that the terms and contents of such Privacy Policy are acceptable to him.
Limited user:
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that MayurNaik Co name is stated as the source and prior written permission of MayurNaik Co is sought. For the removal of doubt, it is clarified that unlimited or wholesale reprodsuction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
User conduct and rules:
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents; upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; violate any code of conduct or other guidelines, which may be applicable for or to any particular Service; violate any applicable laws or regulations for the time being in force in or outside India; and violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein. We reserve the right to deprive individual customers of our Cash on Delivery payment option. Moreover, we might refuse any of our services, terminate accounts, and/or cancel orders at our discretion, including but not limited to, if we believe that customer conduct violates applicable law or is harmful to our interests. You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about MayurNaik Co, its associates and partners.
User warranty and representation:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by MayurNaik Co.
Exactness not guaranteed:
The user guarantees, warrants, and certifies that you are the owner of the content which you submit or otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights or other rights of others. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the Services rendered by MayurNaik Co.
Exactness not guaranteed:
MayurNaik Co hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet your expectations. Alterations to certain aspects of your order such as the merchandise brand, size, colour etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc. In this instance you agree that a representative from MayurNaik Co will call you or send an approval request via the email address which you submitted when placing your order. If you do not agree with the requested change you retain the right to reject the requested production change by replying to it within 10 days of it being sent to you. MayurNaik Co may re-request that you accept a production alteration one additional time if an alternative method to send your merchandise is available. If you reject this 2nd request your order will be cancelled and you will be fully refunded via your initial method of payment.
Intellectual property rights:
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, MayurNaik Co owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to MayurNaik Co without obtaining authorization from MayurNaik Co. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Service. However, with regard to the product customization Service (as against other Services like blogs and forums) you expressly agree that by uploading and posting content on to the Website for public viewing and reproduction/use of your content by third party users, you accept the User whereby you grant a non-exclusive license for the use of the same.
Links to third party sites:
The Website may contain links to other websites (“Linked Sites”).The Linked Sites are not under the control of MayurNaik Co or the Website and MayurNaik Co 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. MayurNaik Co is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MayurNaik Co or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
Disclaimer of warranties/limitation of liability:
MayurNaik Co has endeavored to ensure that all the information on the Website is correct, but MayurNaik Co neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall MayurNaik Co be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall MayurNaik Co be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, MayurNaik Co shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond MayurNaik Co’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
Indemnification:
You agree to indemnify, defend and hold harmless MayurNaik Co from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by MayurNaik Co that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Pricing:
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees and FOB, SURAT. Prices, products and Services may change at MayurNaik Co’s discretion.
Please note – Even though our website may show multiple currency’s for user convenience, Indian Rupee is our primary currency and all transactions will occur in INR. There may be cases, where amount in particular currency may vary from the actual charge in INR – this happens because of conversion rate used by different financial institutions. In such cases, the amount in INR will supersede any other currency
Shipping:
Title and risk of loss for all products ordered by you shall pass on to you upon MayurNaik Co’s shipment to the shipping carrier.
Termination:
MayurNaik Co may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached any of the Terms. If you or MayurNaik Co terminates your use of the Website or any Service, MayurNaik Co may delete any content or other materials relating to your use of the Service and MayurNaik Co will have no liability to you or any third party for doing so. You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party whatsoever. Further, you shall be entitled to your royalty payments as per the User License Agreement that has or is legally deemed accrued to you.
Governing law:
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Surat, Gujarat.
Headings:
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
Interpretation of number and genders:
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
Severability:
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
Report abuse:
As per hese Terms, users are solely responsible for every material or content uploaded on to the Website. MayurNaik Co does not review the contents in any way before they appear on the Website. MayurNaik Co does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [email protected].
Unauthorized charges on your card
If you see charges on your credit/debit card for purchases made on MayurNaik Co, but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven’t placed the order. If you’re still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable MayurNaik Co to begin an investigation.
What we do about mainsprings
Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and send you the item. If a product’s correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.
Disclaimer:
It is the customer’s responsibility to login earlier if they want to avail better products or styles because MayurNaik Co sales are “first come, first served”. The merchandise is not restocked once sold out. No information regarding the presence of any Product in our stock will be guaranteed and we will alert you only when an item is sold out. The terms and conditions for such Contest shall be separately available on the Site. In the event of any conflict between these T&C and the terms and conditions pertaining to any Contest, such terms and conditions shall prevail. We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.