Partner Terms & Conditions

INTRODUCTION

www.PlushDoor.com (the "Website") is owned by and operated by Vector Retail Pvt. Ltd. If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any products/services purchased by you from the Website you can contact us at:

Sales Office

Vector Retail Pvt. Ltd

301,302 MGF Metropolis

Near MG Road Metro Station

MG Road, Gurgaon - 122001

care@plushdoor.com

VAT number:
Registered in New Delhi, India
Registration (CIN) No: U52390DL2016PTC290852

These terms and conditions were last revised on 1st Feb 2015 Note: We reserve the right, at our sole discretion, to change or modify portions of these Terms at any time without further notice. You should periodically visit this page to review the current Terms so you are aware of any revision to which you are bound.



USE OF WEBSITE

The "TERMS & CONDITION or TERM OF USE” is an electronic record in the form of an electronic contract formed under INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER and the amended provisions pertaining to electronic documents / records in various statutes as amended by the INFORMATION TECHNOLOGY ACT, 2000. These TERMS OF USE does not require any physical, electronic or digital signature.

These Term of use is a legally binding document between user and Vector Retail Pvt. Ltd. These TERMS OF USE will be effective upon your acceptance of the same (Directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between USER and PlushDoor for use of the PlushDoor site (defined below).

This document is published and shall be construed in accordance with the provisions of RULE 3 (1) of the INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 under INFORMATION TECHNOLOGY ACT, 2000 that require publishing the RULES AND REGULATIONS, PRIVACY POLICY and USER AGREEMENT for access or usage of the PlushDoor site.

These TERMS OF USE of the website located at the URL www.PlushDoor.com and mobile application under the name and style "PlushDoor" is between Vector Retail Private Limited (hereinafter referred to as "Vector Retail" or "PlushDoor" or "We" or "Us" or "Our") and the guest users or registered users on the PlushDoor site (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which PlushDoor offers You access to the PlushDoor site and such other services as are incidental and ancillary thereto ("Services").

Please read these TERMS OF USE carefully before using or registering on PlushDoor or accessing any material, information or services through the PlushDoor site. If you do not agree with these TERMS OF USE, please do not use PlushDoor site.

Note: Please note that these Terms do not affect your statutory rights as a consumer.

1. You agree that the information you provide when you register on the Website is not misleading, and is true and accurate in all respects and you will notify our customer service team of any changes to that information.

2. We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.

3. The Website may include links to other websites or resources ( "Linked Websites"). PlushDoor has no control over the content of Linked Websites and you agree that, should you access a Linked Website using a link from the Website, PlushDoor is not responsible for the availability of the Linked Websites, and is not liable in any way for the content of Linked Websites, including (without limitation) any goods or services available from such Linked Websites, other advertising or content on such Linked Websites or the use that such Linked Websites make of your personal information. Furthermore PlushDoor will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Linked Websites or the content thereon.

4. PlushDoor may deny you access to the Website at any time in its sole discretion. Examples of when we may so deny you access include but is not limited to where we believe that your use of the Website is in violation of any of these Terms, any law or the rights of any third party or was not respectful to others.

5. Any material that you upload to the Website for publication will be considered non-confidential and non-proprietary and we have the right to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights or of their right to privacy.

6. PlushDoor will not be responsible, or liable to you or any third party, for the content or accuracy of any materials posted by you or any other user of the Website and you hereby agree to be responsible to PlushDoor for and indemnify PlushDoor and keep PlushDoor indemnified against all costs, damages, expenses, losses and liabilities incurred and/or suffered by PlushDoor as a result of any claim in respect of your use of the Website.

7. PlushDoor has the right to remove any material or posting you make on the Website in Plush Door’s sole discretion.

8. References to ‘We' in the Customer Service Information refers to PlushDoor and/or PlushDoor Distribution as the context permits.

PURCHASE OF PRODUCTS

If you are placing an order for Products from PlushDoor.com

1. ACCEPTANCE OF ORDERS

1.1 All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the products listed in your order ( "Products") from us on the Terms. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you, unless we are not permitted to do so under statutory law. Examples of when we may not accept your order are as follows:

A. If products are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;

B. If we are unable to obtain authorisation of your payment;

C. If you order multiple quantities of an individual Product where such Products are to be shipped to any one customer or delivery address;

D. If shipping restrictions may apply to a Product ; or

E. If the delivery address you give is the address of an entity or individual providing freight forwarding services.

1.2 When placing an order for the first time, you may be offered the option to register with us and will be required to complete certain required fields on an order form. We may provide you with and/or ask you to use identifications and passwords and other means for you to be able to access certain areas of the Website, such as the My Account section of the Website ("Secure Access"). Where we do so, it is on the condition that you shall be responsible for ensuring that such Secure Access is kept secure and confidential at all times. You shall comply with all security directions and/or recommendations given by us and inform us immediately if you become aware of or suspect any unauthorised use of the Secure Access or if the Secure Access becomes available to an unauthorised party. Without prejudice to our other rights and remedies, we may suspend your access to the Website without liability to you, if in our reasonable opinion, such action is necessary for safeguarding the Website.

1.3 In the event prolonged inactivity causes your connection to the Website to fail, your selection of goods may be lost. In such case, you will be required to re-enter your selection. Please note that items in your shopping basket and on your wish list are not reserved and may be purchased by other customers.

1.4 Before you submit your order, you will be given the opportunity to review your selection, check the total price of your order and correct any input errors.

1.5 There may be certain orders that we are unable to accept and we must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.
1.6 Some situations that may result in your order being cancelled shall include without limitation inaccuracies or errors in product, error in pricing information, and/or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. In the event that your order is cancelled after your credit card or any other payment instrument has been charged, the said amount will be reversed back in your account.

2. PRICES

2.1 All prices of Products on the Website are the price for the Products only. They include any VAT or other sales tax payable.

2.2 We endeavour to ensure that all pricing information on the Website is correct. Occasionally, however, an error may occur and Products may be mispriced. If a Product's correct price is lower than the price stated on the Website, subject to our right to refuse an order pursuant to Section C 1.1(a), we will charge the lower amount and send you the Product. If a Product's correct price is higher than the price stated on the Website, we will, at our discretion, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Products at an incorrect price. If we have taken an advance payment in circumstances where pricing information is incorrect, we shall endeavour to refund the payment taken as soon as possible if the product has not been shipped.

2.3 PlushDoor may vary the prices of Products listed on the Website at any time and without any notice but such changes will not apply to Products in respect of which you have been sent a Dispatch Confirmation.

2.4 Please note that in some countries additional duties may be payable to your local tax authorities on receipt of your delivery. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

3. PAYMENT TERMS

3.1 Presently, PlushDoor does not levy any fee for browsing the PlushDoor site. However in the likely event in future PlushDoor may decide to charge Users certain fees for the use of PlushDoor and Services as a whole, or certain features, You agree to pay any such fees, as may be applicable to the Services that You use. PlushDoor will try to ensure that you are made aware of the applicability of any fees for a particular use of PlushDoor site / Services, as well as the amount of fees payable by you for any such use of PlushDoor site / Service. Your continued use of PlushDoor site / Services after such change in the fees will be considered to be your acceptance of such changes, and the applicability of these Terms of Use to such changes.

3.2 The total cost of your order will be the purchase price for the Products (which you pay to us) plus any delivery charges (which we receive on behalf of partners from you).

3.3 More information about the payment methods that we accept, and details of when an order will be charged to your account can be found in our Payment options section.

3.4 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate . You further confirm that the credit/debit card is valid and the inputted payment details are correct. All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.

3.5 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of the seller of the Product(s) being located in the India.

3.6 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than the currency of your purchase as displayed on the Website.

4. CANCELLATION AND RETURNS

4.1 Should you wish to cancel or return any Products, you may only do so in accordance with our Shipping & Return policy. This shipping & return policy does not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent in your country (if any).

4.2 Where you return a Product under the regulations we will either replace your product or issue you with a full refund but you will need to return the product at your own cost (if you have already received the Product), unless otherwise specified in our shipping & return policy. Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Product you wish to return, PlushDoor shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.

4.3 Please note that you will not be entitled to cancel or return customized/personalized or monogrammed Products. This does not affect your statutory rights

5. DELIVERY

We currently do not deliver Products, but our delivery partners provides delivery on our behalf to you. Orders will be sent to the delivery address that you have given on your order form. Neither we nor our shipping partners can be held responsible if that delivery address is incorrect or incomplete. Please note that our shipping partners does not deliver to PO boxes.

6. USER OBLIGATIONS AND ROLE OF PLUSHDOOR

If you are a minor under the age of 18 (eighteen) years, then you are not eligible to register as a user of the PlushDoor and shall not transact or use this Website. As a minor if you wish to use or transact on our Website, such use or transaction may be made by your legal guardian or parents on the Website. PlushDoor reserves the right to terminate your membership and/or refuse to provide you with access to the Website, if it is discovered that you are under the age of 18 (eighteen) years.

6.1 Subject to compliance with the Agreement(s), PlushDoor grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use PlushDoor site and the related Services provided therein.

6.2 You agree to use the Services and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.

6.3 You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that your access on PlushDoor in accordance with law.

6.4 You agree not to access (or attempt to access) the PlushDoor site or Services by any means other than through the interfaces that are provided by PlushDoor. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of PlushDoor site or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the PlushDoor site, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through PlushDoor site.

6.5 If you believe that any Content or User Content (as defined herein) or other content available on the PlushDoor site does not comply with the terms of the Agreement(s) or applicable law, You may report such content to us via our legal email ID at legal@plushdoor.com

6.6 PlushDoor may allow you to post certain content, data or information of your own such as allowing you to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of PlushDoor site, as well as submit any suggestions, comments, questions or other information to PlushDoor using the PlushDoor site / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on PlushDoor. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that PlushDoor does not endorse any User Content on PlushDoor site and is not responsible or liable for any User Content. PlushDoor reserve the right to disable access to the User Content on the PlushDoor site.

6.7 You hereby grant PlushDoor a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the user content and create derivate works of the user content. You represent and warrant that You own or otherwise control all of the rights to the user content that You post or that You otherwise provide on or through PlushDoor site; and that, as at the date that the user content is posted or submitted on PlushDoor site: (i) the user content is accurate; (ii) use of the user content you supply does not breach these Terms of Use; and (iii) that such user content is lawful.

6.8 You agree, understand and acknowledge that PlushDoor is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that PlushDoor is only a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on PlushDoor site. Accordingly, any contract for the sale / purchase of Products on PlushDoor is a bipartite contract between you and the sellers (if you are a buyer) or you and the buyer (if you are a seller). PlushDoor neither recommends You to buy or sell any Products nor does PlushDoor endorses any such Products and nor does PlushDoor provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on PlushDoor. Further, PlushDoor does not guarantee, warranty or provide any assurance on the behavior of any User of PlushDoor site including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner.

6.9 When you use PlushDoor site and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:

• Belongs to another person and to which the User does not have any right to;

• Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

• Harms minors in any way;

• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

• Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;

• Infringes any patent, trademark, copyright or other proprietary rights;

• Contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;

• Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

• Engage in any activity that interferes with or disrupts access to PlushDoor site or the Services (or the servers and networks which are connected to PlushDoor);

• Attempt to gain unauthorized access to any portion or feature of PlushDoor, any other systems or networks connected to the PlushDoor, or to any of the Services offered on or through PlushDoor, by hacking, password mining or any other illegitimate means;

• Probe, scan or test the vulnerability of PlushDoor or any network connected to the PlushDoor, nor breach the security or authentication measures on PlushDoor or any network connected to PlushDoor. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to PlushDoor, or any other customer of PlushDoor, including any Account not owned by You, to its source, or exploit the Service or information made available or offered by or through PlushDoor, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by PlushDoor;

• Disrupt or interfere with the security of, or otherwise cause harm to PlushDoor site, systems resources, accounts, passwords, servers or networks connected to or accessible through PlushDoor or any affiliated or linked sites;

• Use PlushDoor or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of PlushDoor or other third parties;

• 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 within or outside India;

• Violate the terms of the Agreement.

6.10 You agree that You are solely responsible to PlushDoor and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which PlushDoor or its affiliates or its vendors may suffer) for any such breach.

6.11 PlushDoor does not pre-screen User Content and has no obligation to monitor any User Content. However, PlushDoor at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from PlushDoor site if PlushDoor determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. When PlushDoor removes any User Content from PlushDoor site, PlushDoor will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in manner negate or dilute PlushDoor position as an intermediary or impose any liability on PlushDoor with respect to User Content.

6.12 You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on PlushDoor. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.

6.13 You shall use PlushDoor, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.

6.14 Any purchase of the Products from PlushDoor will be strictly for personal use of the User. The User hereby expressly agrees that any merchandize or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, PlushDoor reserves the right to cancel any orders that classify as 'Bulk Order' as determined by PlushDoor as per certain criteria. Any rewards or benefits provided by PlushDoor and used by you for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by PlushDoor for the purpose of identifying 'Bulk Order', including but not limited to:

A. Products ordered for commercial resale and not for self-consumption;

B. Multiple orders placed for same product at the same address;

C. Bulk quantity of the same product ordered;

D. Invalid address given in order details; or

E. Any malpractice used to place the order.

6.15 There may be certain orders that PlushDoor is unable to process or pass on buyer's order to the seller and must cancel. Some situations that may result in PlushDoor inability to process or pass on buyer's order to the seller include, without limitation, non- availability of the PlushDoor site service, force majeure, credit limitations or suspected fraud.

6.16 In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by you.

6.17 In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact seller or the manufacturer. However, in the event, buyer contacts PlushDoor for the same, PlushDoor may inform the seller to provide or facilitate the provision of such services to the buyer. PlushDoor is not and shall not be obliged to provide any such additional services. PlushDoor role in relation to facilitating such services shall be limited to facilitating communication between buyer and the seller for the purpose of provision of such additional services.

6.18 You represent and warrant that

A. You are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a "terrorist supporting" country; and

B. You are not listed on any Indian Government list of prohibited or restricted parties.

7. AGE REQUIREMENTS

If you order a Product to which a minimum age requirement applies, by ordering that Product you confirm that you are of the required age. If we reasonably believe that you are not legally entitled to order a Product, we reserve the right to cancel your order.

GENRAL T&C

1. INTELLECTUAL PROPERTY

1.1 All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on the Website (the "Content"), is either owned or licensed by PlushDoor, and is protected by applicable copyright laws and treaties around the world. All such rights are reserved.

1.2 The "PlushDoor" trade mark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Products, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain the exclusive property of PlushDoor and/or its licensors and are protected by applicable trade mark laws and treaties around the world. All such rights are reserved.

1.3 All other intellectual property rights (including, without limitation, registered or unregistered trademarks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website, the products depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such products, your order or the Website (the “Intellectual Property Rights" ) are and shall remain the exclusive property of PlushDoor and/or its licensors and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.

1.4 Limited License Subject to the terms herein, we grant you a revocable, and non-exclusive license to access and make personal use of the Website limited such that it does not include the right to:

a. Use the Website in any way which may prejudice or damage the reputation of PlushDoor;

b. Use the Website for any commercial or business purposes. The Website is for your personal use only;

c. Use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

1.5 PlushDoor may terminate the limited license set forth in this Section at any time in its sole discretion without prejudice to any other remedy we may have against you pursuant to applicable law for any reason whatsoever and/or for any breach of these Terms.

2. CONTENT


PlushDoor endeavours to ensure that the information posted by it on the Website is accurate and complete. PlushDoor does not, however, guarantee that the Content or any other information available on the Website is accurate and/or error free, PlushDoor does not promise that the functionality of the Website or Content will be error free or that the Website, Content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful. PlushDoor recommends that all users of the Internet ensure they have up to date virus checking software installed.

3. DISCLAIMER OF WARRANTIES & LIABILITY

3.1 On PlushDoor website, services, content, user content and any third party content are provided by PlushDoor on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, PlushDoor makes no warranty that (i) the PlushDoor site or the services will meet your requirements or your use of PlushDoor site or the services will be uninterrupted, timely, secure or error-free; (ii) the results that may be obtained from the use of PlushDoor site or services will be effective, accurate or reliable; (iii) the quality of PlushDoor site or services will meet your expectations; or that (iv) any errors or defects in PlushDoor site or services will be corrected. No advice or information, whether oral or written, obtained by you from PlushDoor or through PlushDoor site / content or from use of the services shall create any warranty not expressly stated in these terms of use.

3.2 To the maximum extent permitted by applicable law, PlushDoor will have no liability related to user content and / or third party content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. PlushDoor also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content and / or third party content.

3.3 You expressly understand and agree that, to the maximum extent permitted by applicable law PlushDoor will not be liable for any loss that you may incur as a consequence of unauthorized use of your account or account information in connection with PlushDoor site or any services, either with or without your knowledge. PlushDoor has endeavored to ensure that all the information on PlushDoor site is correct, but PlushDoor neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or service. PlushDoor shall not be responsible for the delay or inability to use the PlushDoor site or related functionalities, the provision of or failure to provide functionalities, or for any information, software, products, functionalities and related graphics obtained through the PlushDoor site, or otherwise arising out of the use of PlushDoor site, whether based on contract, tort, negligence, strict liability or otherwise. Further, PlushDoor shall not be held responsible for non-availability of the PlushDoor site during periodic maintenance operations or any unplanned suspension of access to the PlushDoor site that may occur due to technical reasons or for any reason beyond PlushDoor control. The user understands and agrees that any material or data downloaded or otherwise obtained through PlushDoor site 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 or data. PlushDoor is not responsible for any typographical error leading to an invalid coupon. PlushDoor accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

3.3 In the event You have purchased / downloaded the PlushDoor application from any online application stores, whether provided by Apple, Microsoft, Google or Blackberry (or their respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure of the application and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of PlushDoor and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the PlushDoor site non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by the PlushDoor.

4. DATA PROTECTION

By placing an order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy policy. PlushDoor fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Cookies section in our Private Policy.

5. ASSIGNMENT, SUBCONTRACTING ETC

We reserve the right to transfer, assign, novate or sub-contract all or any of our rights and obligations under these Terms provided that your rights under these Terms are not affected. You may not assign, sub-contract or otherwise transfer any of your rights or obligations under these Terms without our consent in writing.

6. TERMS

6.1 The Agreement will continue to apply until terminated by either you or PlushDoor as set forth below. If you want to terminate your agreement with PlushDoor, you may do so by (i) not accessing PlushDoor site; or (ii) closing Your Account for all of the Services that you use, where PlushDoor has made this option available to you.

6.2 You agree that PlushDoor may, in its sole discretion and without prior notice, terminate your access to PlushDoor site and block your future access to PlushDoor site if PlushDoor determines that you have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by you of the Agreement(s) will cause irreparable harm to PlushDoor, for which monetary damages may be inadequate, and you consent to PlushDoor obtaining any injunctive or equitable relief that PlushDoor deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies PlushDoor may have at law or in equity.

6.3 In addition to Clause 6.2 above, PlushDoor may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual Additional Terms) with You if:

  • PlushDoor is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
  • The provision of the Services to You by PlushDoor is, in PlushDoor opinion, no longer commercially viable;
  • PlushDoor has elected to discontinue, with or without reason, access to PlushDoor site, the Services (or any part thereof); or
  • In the event PlushDoor faces any unexpected technical issues or problems that prevent PlushDoor site and / or Services from working.

6.4 PlushDoor may also terminate or suspend all or a portion of Your Account or access to the Services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular Service, termination of Your Account may include: (i) removal of access to all offerings within PlushDoor site or with respect to the Services; (ii) disabling access to the Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof), and any User Content uploaded by You; and (iii) prohibiting further use of the Services.

6.5 You agree that all terminations shall be made in PlushDoor sole discretion and that PlushDoor shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to PlushDoor site and Services.

6.6 Notwithstanding the foregoing, these such terms of this Agreement as are meant to survive termination / expiry of this Agreement, will survive indefinitely unless and until PlushDoor chooses to terminate them. PlushDoor may inform the sellers who have accepted your purchase orders on PlushDoor site that this Agreement is terminated, and upon such information sellers may cancel the purchase order. PlushDoor may also cancel all your non-fulfilled orders on the PlushDoor site without any obligation or liability towards you.

7. AMENDMENTS TO THESE TERMS

We reserve the right to make changes to these Terms at any time. You, and any contract of sale between us, will be subject to the version of these Terms in force at the time you order the Products in question from us.

8. EVENTS BEYOND OUR REASONABLE CONTROL

Neither we nor our Partners will be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.

9. SEVERANCE

Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.

10. GOVERNING LAW AND JURISDICTION

10.1 These Terms of Use and all transactions entered into on or through PlushDoor site and the relationship between you and PlushDoor shall be governed in accordance with the laws of India without reference to conflict of laws principles.

10.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto PlushDoor site, these Terms of Use, the Agreement(s) or any transactions entered into on or through PlushDoor site or the relationship between You and PlushDoor shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

11. PLUSHDOOR EMPLOYEES

PlushDoor Employees ordering products from the Website, and who are entitled to staff discount, agree that they have read and adhere to the terms and conditions of the PlushDoor staff discount policy. Employees with any questions about this discount policy please contact your HR department.

12. ENTIRE AGREEMENT

12.1 These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.

12.2 We each acknowledge that, in agreeing to these Terms, (and the documents referred to in it), neither of us relies on any statement, representation, assurance or warranty ( "Representations") of any person (whether a party to that contract or not) other than as expressly set out in these Terms.

12.3 Each of us agrees that the only rights and remedies available to us arising out of or in connection with a Representation shall be for breach of contract as provided in these Terms.

13. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This Section 13 does not affect your statutory rights.

14. NOTICES

All notices given by you to us must be sent to The Legal Department, PlushDoor at 8c/14, Central Park Resorts, Sector 48, Gurgaon - 122001 or at legal@PlushDoor.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Section (13) above.

15. WAIVER


If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

15.3 No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Section (14) above.

16. ASSIGNMENT

You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. PlushDoor rights and/or obligations under the Agreement are freely assignable or otherwise transferable by PlushDoor to any third parties without the requirement of seeking your prior consent. PlushDoor may inform you of such assignment or transfer in accordance with the notice requirements under the Agreement. PlushDoor shall have right to transfer Your Account and Account Information to a third party who purchases PlushDoor business as conducted under the PlushDoor site.

17. SEVERABILITY

If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. PlushDoor may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

18. WAIVER

Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party's rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.

19. PRINCIPAL TO PRINCIPAL RELATIONSHIP

You and PlushDoor are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between You and PlushDoor. As an abundant caution, it is clarified that PlushDoor shall not have any right to conclude any contract for sale or purchase of Products for and / or on your behalf and both you and PlushDoor have entered this agreement on principal to principal basis.

20. FORCE MAJEURE

If performance of any service or obligation under these Terms of Use or other Agreement by PlushDoor is, or other third parties in fulfillment of any purchase or sale transaction (for eg: logistics service provider, fulfillment center, payment gateways etc.) are, prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of PlushDoor or its third parties performing such services as sub-contractor to PlushDoor and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then PlushDoor shall be excused from such performance to the extent of and during the period of such Force Majeure Event. PlushDoor shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

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