This document is an electronic record in terms of the Information Technology Act, 2000, and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy, and user agreement for access or usage of www.giftsbyparul.com website.
User Agreement
This User Agreement contains rules and regulations, policies, terms conditions, and an agreement applicable to any person who may access or use Gifts By Parul , including any subdomains, webpages, or extensions of giftsbyparul.com; you hereby agree and acknowledge to be bound by the terms of this User Agreement.
The use of Gifts By Parul and the services provided are subject to the rules and regulations, policies, notices, terms conditions set forth in this User Agreement. For the purposes of this User Agreement, ‘User’ and wherever the context may require ‘You’ (or any variation thereof), shall mean any natural or legal person who has agreed to become a user of Gifts By Parul by accessing or browsing the Website and/or has registered as a member of Gifts By Parul by submitting identification information/ registration details using the computer system of Gifts By Parul and accepting the electronic record of the User Agreement, has obtained a unique username along and a secret alpha-numerical key (password) for using the Website.
Amendment: Gifts By Parul (Henceforth referred to as “Company”) reserves the right to change this Website and/or alter the terms and conditions of this User Agreement at any time and retains the right to deny access to anyone who the Company believes has violated the provisions of this User Agreement. You are advised that any amendment to the User Agreement or rules and policies incorporated herein by reference will only be notified on the Website on publicly accessible links, and you agree by accessing, browsing, or using this website that this constitutes sufficient notice for all purposes against you. The revised version/ terms shall be effective from the time that the Company posts the same on the Website. [In the event, that the User Agreement includes a substantial change, the Company will provide 30 days’ prior notice of such substantial change by posting the same on the Website and also at the email address provided by the User to the Company. For the purposes of this User Agreement, ‘substantial change’ means a change to the terms of this User Agreement that reduces your rights or increases your responsibilities.]
Definitions
Payment on Billing: Shall mean a Transaction where the payment for the items purchased is paid through the (i) Gifts By Parul authorized Payment Gateway Facility or (ii) the buyer (if permitted by the relevant seller) has opted to deposit the Transaction Price in the bank account of the Company by way of cash, cheque, demand draft, or any other mode of payment, and such payment of the Transaction Price is credited to the bank account of the Company within [3] days of booking the Transaction.
Payment on Delivery: Shall mean a Transaction where the payment for the items is collected from the buyer by the Logistics Partner at the time of delivering the goods. In this case, the Buyer shall only make payment in cash, and no other mode of payment will be accepted. However, this facility is available only in limited cities in India, and the Company in its sole discretion and without notice reserves the right to add or withdraw the cities in which such option may be available. This facility shall not be available for delivery of items outside India.
Delivery / Delivered: Means physical delivery of the items to the buyer (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on Gifts By Parul.
In Transit/ Dispatched: All mean that the items (for which a Transaction Price has been paid by the buyer by Payment on Billing or the buyer has opted for Payment on Delivery, or such other mode of payment approved by the Company) have been dispatched by the seller through a reputed courier service or by the Logistics Partner at the address communicated by the buyer on Gifts By Parul.
Dispatch Details: Means the true, accurate, and valid data, information, details, or documents as specified by the Company from time to time, which the seller/ Logistics Partner is obligated to provide to the Company as proof that the item has been Dispatched and/or Delivered, as the case may be.
Information: Means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of Gifts By Parul at the time of registration, buying, or listing process or through any email feature and shall include without limitation your name, email address, billing/shipping address, phone number, and banking/ financial information.
Issuing Bank: In respect of a buyer, means any bank that has issued a Valid Card (credit/ debit/ cash card) to the buyer or the branch of a bank that maintains a valid Bank Account in the name of the buyer; with which the buyer makes payment of the Transaction Price. [Currently, Gifts By Parul authorized Payment Gateway Facility supports online bank transfers from the banks that are available while selecting prepay as the payment method. The Company may add or remove or suspend any one or more banks directly or through any payment gateway facilitators, and such change shall come into effect upon the same being posted on Gifts By Parul.]
Logistics Partner: Shall mean reputable logistics and courier company(s) appointed by the Company that will provide various services of collection and delivery of items, collection of the Transaction Price from the buyer in case of Payment on Delivery Transactions, or such other services that the Company may require.
Transaction: Means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on Gifts By Parul.
Transaction Price: Means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges, and all other taxes, duties, costs, charges, and expenses in respect thereof as charged by the seller.
Valid Card: Means any valid credit card/ valid debit card/ valid cash card or any other card of whatsoever nature issued by Visa or MasterCard and/or by any Issuing Bank or any institution designated to issue such cards and lawfully owned by the User of the card at the time of the Transaction as well as at the time of Refund, if any.
Valid Bank Account: Shall mean a valid and operational bank account in the name of the User of which the User is the rightful and legal owner having the ability to issue cheques/ demand drafts and make deposits, which in respect of the buyer shall
User Information and Registration:
Users are required to provide accurate and complete information during registration.
Misrepresentation of identity is prohibited.
Users must maintain and update their information.
Seller Registration and Buyer Registration:
Sellers need to register separately with the authorized Payment Gateway on Gifts By Parul.
Buyers don’t need a separate registration and can use the authorized Payment Gateway.
Electronic Communication:
Users agree to receive electronic communication from the company.
Consent to communication via electronic records.
Terms of Use:
The platform provides hosting services for buying and selling unique Indian products.
Users are responsible for the accuracy of the information they provide.
The platform may introduce fees or modify existing services, and changes will be posted on Gifts By Parul.
User Obligations:
Users must comply with terms and conditions.
Prohibited activities include hosting harmful content, violating laws, and manipulating prices.
Users are responsible for keeping backup versions of their information.
Disclaimers:
Gifts By Parul is a platform for users; the company is not a party to transactions.
The company does not endorse products or users.
Users are advised to verify the bona fides of other users.
Limited Liability of the Company:
The company’s liability is limited to the amount of charges/fees paid by the user.
The company disclaims warranties regarding the platform’s operation and user transactions.
Indemnity:
Users agree to indemnify the company for any claims arising from their breach of the User Agreement.
Payment:
Payment options include payment on billing and payment on delivery.
Users agree not to make payments other than as provided without the company’s consent.
Consent and Privacy Policy:
Users consent to the collection and use of their information.
Personal information is treated as confidential and subject to the Privacy Policy.
Breach:
The company may take various actions in case of user breaches, including suspension or termination.
Grievance Redressal Mechanism:
Users can raise grievances or complaints with the designated Grievance Officer.
General:
The User Agreement does not constitute a partnership or agency.
Notices between the parties will be through email or registered mail.
Invalidity of any provision does not affect the validity of the remaining provisions.
Arbitration:
Disputes will be resolved through arbitration with an independent third party.
Governing Law:
The User Agreement is governed by Indian law, and the courts in Cuttack have exclusive jurisdiction.
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