Terms & Conditions
By subscribing to or using the Website and its services, you agree that you have read and understood and bound by the terms and condition irrespective of the fact how you subscribe or avail the services. If you do not want to be bound by the terms and conditions, you must not subscribe to or avail services. These terms and conditions and other policies are binding as per provisions of Information Technology (Intermediaries guidelines) Rules 2011 formulated under the Information Technology Act 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures.
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.
The website (domain) name www.Kuddlekids.in (hereinafter referred to as “website”) is registered in the name of “Kuddle Kids” a proprietary firm incorporated under the Act ( hereinafter referred to as “Kuddle Kids” “we”, “us”, “our”).
The term “we”, “us”, “our” shall mean “Kuddle Kids” or Kuddlekids.in or both.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
USER ACCOUNT AND SECURITY
On completion of website registration process, you will receive a password and account ID. However:
i) you are required to maintain the confidentiality of your account and password;
ii) you are required for restricting access to your computer,
iii) you hereby agree to accept responsibility for all activities that occur under your account or password.
iv) Kuddlekids shall not be liable for any loss or damage which may arise as a result of any failure by you to protect your password or account and other terms and conditions prescribed herein.
v) You agree to notify Kuddlekids.in of any unauthorized use of your password or account or any breach of security and to ensure that you exit from your account at the end of each session.
vi) If we have reason to believe that there is likely to be a breach of security or misuse of the Website, it may require you to change your password
vii) We or our service provider may suspend your account without any liability to us.
viii) We are not being liable for any damage or loss arising out of your failure to comply with this section.
SERVICES OFFERED BY US
www.Kuddlekids.in in offers a truly remarkable online shopping for kid’s & baby Clothing products, i.e. rompers, shorts/pants, shirts/t-shirts, sets, tops, frocks, leggings, jeans/pants etc. The product can be purchased through the website through various modes of payment offered. The sale of Product shall be additionally regulated by specific policies of sale like cancellation policy, return policy and other such guidelines all of which are incorporated herein. These terms and conditions may be further supplemented by Product specific conditions which may be displayed on webpage of the product.
USER CONDUCT AND OBLIGATIONS:
You agree and undertake that when using a Service, you will not:
a) defame, abuse, harass, threaten or otherwise violate the legal rights of others;
b) publish, upload, or disseminate any unlawful, libelous, abusive, threatening, harmful, vulgar, defamatory, obscene, indecent or unlawful topic or otherwise objectionable material or information;
c) transmit material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any applicable laws, regulations or code of practice.
d) upload files that contain software or other material protected by intellectual property laws or copyright Act without permission of the owner;
e) 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;
f) interfering or disrupting network or websites connected to the website.
g) 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;
h) Breach any applicable law and regulations for the time being enforced in or outside India.
i) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
j) violate, abuse, unethically manipulate or exploit, any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere.
The user 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 any other person. 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 us.
We as shopping portal shall not provide any post delivery services including guarantees, post sales services.
Kuddlekids.in has endeavored to ensure that all the information on the website is correct, but we or our service provider neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. In no event we shall be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from use or inability to use the Services/ Products. We shall not be responsible for the delay or inability to use the website or related services, failure to provide services, or for any information obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, and strict liability or otherwise. Further, we 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 the control of us or our service provider. 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.
We hereby further disclaim 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, color etc. may be required due to limitations caused by availability of product difference in size charts of respective brands etc.
You agree to defend, indemnify and hold harmless Kuddlekids, its service provider, directors, officers, employees, agents, web developers 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 the website 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 the Terms & Conditions or arising out of the 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 the Terms & Conditions.
We strive to provide accurate product and price information. However pricing errors or typographical errors may occur. The price of an item cannot be confirmed until you have placed an order. Prices and availability are subject to change without notice. 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, We shall have the right, at its sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched. In the event that an item is mispriced, We may, at sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Unless the product ordered by you has been dispatched, your offer will not be deemed accepted and we will have the right to modify the price of the product and contact you for further instructions using the e-mail address provided by you during the time of registration, or cancel the order and notify you of such cancellation.
Please note that the payment may be processed prior to the dispatch of the product that you have ordered. If we have to cancel the order after we have processed the payment, the said amount will be reversed back to the account from which you had made payments in respect of the order.
CANCELLATION OF ORDER BY US
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. If your order is cancelled after you have made payment for the same, the said amount will be reversed back to the account from which payment was made.
CANCELLATION OF ORDER BY THE USER/CUSTOMER
In case we receive a cancellation notice from you and the order has not been shipped by us, we shall cancel the order and refund the amount as per the policy guidelines, in case payment has already been made. However the orders that have already been shipped by us will not be cancelled.
The orders can cancellation & refund if it’s status is as un-verified/verified but not dispatched. In that case we will refund product price plus shipping charge (if pre paid by customer)
The orders that have already been dispatched/shipped by us can not cancel by customers.
1) Orders once dispatched CANNOT be cancelled. Incase order NOT required by customer, customers are requested NOT TO ACCEPT the order at the time of delivery.
2) Once the order is returned to the warehouse, the refund of the order will be processed, if returned articles conform to the return/refund policy.
3) Any decision taken by us in respect of cancellation of an order shall be final and binding on you. You hereby agree, not to dispute the decision made by us and accept the decision regarding such cancellation.
CREDIT/ DEBIT CARD USE
You agree, understand and confirm that the credit/debit card details provided by you for availing of services on the website are correct and accurate and you shall not use a credit/debit card, which is not lawfully owned by you, i.e. in a credit/debit card transaction, you must use your own credit/debit card. You further agree and undertake to provide the correct and valid credit/debit card details on the website. Further, the said information will not be utilized and shared by the Website with any of the third parties unless required for fraud verifications or by law, regulation or court order. Kuddlekids will not be liable for any credit/debit 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. The onus of resolution of charge back cases lies with the bank and the customer as per the new guidelines of RBI.
a) Kuddlekids reserves the right to recover the cost of goods, collection charges and lawyers’ fees from persons using the website fraudulently. Kuddlekids reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.
b) 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) any extra cost incurred by us or our service provider for redelivery shall be claimed from you.
a) You are required to check product description carefully before placing an order. By placing an order for a product, you agree to be bound by the conditions of sale included in the item’s description.
b) You are accessing the services available on this website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this website.
c) The address at which delivery of the product ordered by you is to be made will be correct and proper in all respects, with appropriate landmarks being identified. In case, any information provided in the mailing address is incorrect, we request you to contact us and get the details updated. If due to any incorrect information provided by you the product is delivered to a wrong address/ person, we shall not be responsible for any losses that may be caused to you.
d) You may make a complaint for non-receipt of a product ordered, within 45 days from the date of placing the order, failing which it shall be assumed that you have received that product. Please note that we shall not be responsible or liable for delivering any product, if the complaint for nor-receipt, is made after the said period of 45 days.
MODIFICATION OF TERMS & CONDITIONS OF SERVICE
GOVERNING LAW AND JURISDICTION
COPYRIGHT & TRADEMARK
“Kuddle Kids”, its service provider, suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this website. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of the website or any third party’s intellectual property rights. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Kuddlekids. You may not modify, distribute or re-post anything on this website for any purpose.
The Website names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of “Kuddle Kids”. 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 Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.
References on this website to any names, marks, products or services of third parties or hypertext links to third party websites or information are provided solely as a convenience to you and do not in any way constitute or imply endorsement of such websites, sponsorship or recommendation of the third party, information, product or service.
All software used on this website is the property of “Kuddle Kids” and is protected by Indian and international copyright laws. The Contents and software on this website 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 website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this website is the exclusive property of “Kuddle Kids” is also protected by Indian and international copyright laws
You are prohibited from violating or attempting to violate the security of the website, 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 website, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (d) sending unsolicited e-mail, 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 e-mail or newsgroup posting. Violations of the system or network security may result in civil or criminal liability. We 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 Website or any activity being conducted on this Website. 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 Website other than the search engine and search agents available on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer, Mozilla Firefox, Google Chrome ).
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 user and “Kuddle Kids” with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Website with respect to the Website/services.
“Kuddle Kids” failure to act with respect to a breach by you or others does not waive its right to act with respect to such breach, or subsequent or similar breaches.
The term “we”, “us”, “our” shall mean “Kuddle Kids” or Kuddlekids.in or both.
Packaging may vary from that shown. The weights, dimensions and capacities given are approximate only. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery.
“Kuddle Kids” reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same credit / debit card, and also to orders that use the same billing and/or shipping address. We will provide notification to the customer should such limits be applied. “Kuddle Kids” also reserves the right, at our sole discretion, to prohibit sales to any one as it may deem fit.
We strive to provide you with best value, however prices and availability are subject to change without notice.
“Kuddle Kids” and its associated acquiring bank or financial institutions reserve the right to recover the cost of goods, collection charges and lawyers fees from persons using the Website fraudulently. “Kuddle Kids” and its associated acquiring banks or financial institutions reserve the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or acts or omissions in breach of these terms and conditions.