Terms and Conditions - cubsandcalves

Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITES (DEFINED BELOW). YOUR USE OF THE SITES CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITES.

Introduction

Welcome to Cubs and Calves, service provided by Cubs and Calves (India) LLP (hereafter called as “Cubs and Calves”). In using Cubs and Calves service, of Cubs and Calves LLP you are deemed to have accepted the terms and conditions listed below. All products/services and information displayed on Cubs and Calves constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. Cubs and Calves reserve the right to accept or reject your offer. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Cubs and Calves prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer.

Membership Eligibility

Use of the Site is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of a parent or legal guardian registered on the site who agrees to be bound by these Terms of Use. If your age is below that of 18 years, your parents or legal guardians can transact on your behalf if they are registered users. You are prohibited from purchasing any material which is for adult consumption, the sale or purchase of which to/by minors are strictly prohibited.
Cubs and Calves reserves the right to terminate your membership and refuse to provide you with access to the Site if Cubs and Calves discovers that you are under the age of 18 years and / or using the site without the supervision of a registered parent or legal guardian. The Site is not available to persons whose membership has been suspended or terminated by Cubs and Calves for any reason whatsoever. If you are registering as a business entity you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this website are directed solely at those who access this website from India. Cubs and Calves make no representation that any products or services referred to in the materials on this website are appropriate for use, or available outside India. (We need to discuss this)Those who choose to access this Site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. When Products are delivered outside India, the buyer may have to pay certain additional duties as applicable per the local law.
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. By using the services of Cubs and Calves you agree to be bound by the Terms and Conditions.

Account and Registration Obligations

"Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Site, you are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under Your Account or Password. Cubs and Calves shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. If Cubs and Calves has reason to believe that there is likely to be a breach of security or misuse of the Cubs and Calves Site, we may require you to change your password or we may suspend your account without any liability to Cubs and Calves.

You also agree to:

Provide true, accurate, current and complete information about yourself as prompted by Cubs and Calves's registration form (such information being the "Registration Data")
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Cubs and Calves has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Cubs and Calves has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Cancellation Policy by Cubs and Calves

We make every effort to fulfill all orders placed. However, please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, 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 to your Card Account.

Cancellation by the Customer

Please contact Customer Care in case you wish to cancel your Order. On receipt of the cancellation notice we shall cancel the order and provide you with credit of equivalent amount which you can use for subsequent purchases on Cubs and Calves.. We will not be able to cancel orders that have already been processed and / or shipped out by us or where the order has already been put in to production or similar other expense has already been incurred by us in response to your order. Cubs and Calves has the full right to decide whether an order has been processed or not and accordingly if the order can be cancelled or not. In some cases this can happen in an hour after you place the order. The customer agrees not to dispute the decision made by Cubs and Calves and accept Cubs and Calves’ decision regarding the cancellation.

Credit Card Details

You agree, understand and confirm that the credit card details provided by you for availing of services on Cubs and Calves will be correct and accurate and you shall not use the credit card which is not lawfully owned by you, i.e. in a credit card transaction, you must use your own credit card. You further agree and undertake to provide the correct and valid credit card details to Cubs and Calves or the payment gateway associated with Cubs and Calves. Further the said information will not be utilized and shared by Cubs and Calves with any of the third parties unless required for fraud verifications or by law, regulation or court order. Cubs and Calves 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. This rule/clause withstands any other agreement or arrangement Cubs and Calves may have entered with any other party like the payment gateway or Acquiring banks.

Fraudulent /Declined Transactions

Cubs and Calves reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Site fraudulently. Cubs and Calves reserve the right to initiate legal proceedings against such persons for fraudulent use of the Site and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writi

You Agree and Confirm

That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) or you initiate an exchange or any other similar event, any extra cost incurred by Cubs and Calves for redelivery shall be claimed from you.
That you will use the services provided by Cubs and Calves its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. Cubs and Calves reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Cubs and Calves has the right in its sole discretion to reject the registration and debar you from using the Services of Cubs and Calves and / or other affiliated websites without prior intimation whatsoever.
That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects and there will be someone to receive the delivery of the order Any extra cost incurred by Cubs and Calves for re-delivery shall be claimed from you.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.

You may not use the Site for any of the following purposes:

Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Site.
Breaching any applicable laws;
Interfering or disrupting networks or web sites connected to the Site.
Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

Colors

We have made every effort to display the colors of our products that appear on the Site 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.

Promotions

Cubs and Calves reserves the right to run promotions from time to time subject to terms and conditions specified in those respective promotions.
All promotions will be run according to Indian Standard Time.
Our prices can fluctuate and hence would not be valid reason for someone to cancel/return an order.

Modification of Terms & Conditions of Service

Cubs and Calves m ay at any time modify the Terms & Conditions of Use of the site without any prior notification to you. You can access the latest version of the User Agreement at any given time on Cubs and Calves. You should regularly review the Terms & Conditions on Cubs and Calves. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.

Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Mumbai shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Cubs and its decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Mumbai. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Cubs and Calves on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Cubs and Calves property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Cubs and Calves of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Cubs and Calves owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Cubs and Calves will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Cubs and Calve shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments 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 Comments 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".
Cubs and Calves does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Cubs and Calves the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Cubs and Calves and its affiliates for all claims resulting from any Comments you submit. Cubs and Calves and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Copyright & Trademark

Cubs and Calves and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Cubs and Calves or any third party's intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Cubs and Calves. Any use of this website or its contents, including copying or storing it or them in whole or part is prohibited without the written permission of Cubs and Calves. You may not modify, distribute or re-post anything on this website for any purpose.
The Cubs and Calves names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Cubs and Calves .All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Cubs and Calves endorsement, sponsorship or recommendation of the third party, information, product or service.
Cubs and Calves is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Cubs and Calves or its suppliers and protected by Indian and international copyright laws. The Contents and software on this Site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Cubs and Calves or Cubs and Calves. (language to be checked) one of its affiliates or by third parties who have licensed their materials to Cubs and Calves and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of Cubs and Calves and/or Cubs and Calves and is also protected by Indian and international copyright laws.

Objectionable Material

You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Cubs and Calves and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Indemnity

You agree to defend, indemnify and hold harmless Cubs and Calves its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Cubs and Calves or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

Termination

This User Agreement is effective unless and until terminated by either you or Cubs and Calves. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Cubs and Calves may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Cubs and Calves. Upon any termination of the User Agreement by either you or Cubs and Calves, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Cubs and Calves’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Limitation of Liability and Disclaimers

The Site is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Site.
The Site provides content from other Internet sites or resources and while Cubs and Calves tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. Cubs and Calves 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 the Site.
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 this User Agreement.
To the fullest extent permitted under applicable law, Cubs and Calves or its suppliers 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 the Site, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of Cubs and Calves to you for all liabilities arising out of this User Agreement is limited to the value of the product ordered by you.
Cubs and Calves Design its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness’ and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, Cubs and Calves and/or Cubs and Calves Design (India) LLP 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 the Site.

Application. These Terms and Conditions apply to the websites www.cubsandcalves.com including any applications, platforms, services, or other resources related to, distributed on or available through www.cubsandcalves.com (collectively, the "Sites"). This site is operated by Zen Commerce which operates the Sites pursuant to agreements with Cubs and Calves

Site Security

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Cubs and Calves will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Cubs and Calves on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

Entire Agreement

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Cubs and Calves with respect to the Cubs and Calves sites/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cubs and Calves with respect to the Cubs and Calves sites/services. Cubs and Calves failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.