Terms of service

INTRODUCTION: 

Welcome to www.allthatspuja.com (“Website” or “Site”)

  1. The Website is owned and operated by Rite Cheez Private Limited, a company incorporated under the Companies Act, 1956, with its registered office at A-5, Industrial Estate, Talkatora Road, Lucknow UP 226011, India.
  2. Throughout the Terms & Conditions, “we”, “us”, “our”, “ours” refers to  Rite Cheez Private Limited. ‘You’ or ‘your’ refers to you, users of the Site, including without limitation to browsers, vendors, customers, merchants, and/ or contributors of content.
  3. The following Terms and Conditions, along with Privacy Policy, Shipping Policy, Cancellation, Refund, Return and Exchange Policy and any other terms and conditions or policies which may be set out in, or made applicable to our Website, including any and all amendments made thereto ( “Terms & Conditions”) shall be applicable to the Content and services provided by to  ‘All That’s Puja’ on this Website.
  4. Please separately see our Privacy Policy, Cancellation, Refund, Return and Exchange Policy and Shipping Policy.
  5. You may be accessing our Website from a computer system or mobile phone device. These Terms & Conditions govern your use of our Website and your conduct, regardless of the means of access.
  6. By accessing or using the Website, you acknowledge, without limitation or qualification, to be bound by these Terms & Conditions, whether you have read the same or not. Accessing, browsing or otherwise using the Website confers your unconditional agreement to be bound by all the Terms & Conditions. Therefore, please read these Terms & Conditions carefully before proceeding with accessing the Website and using the services. If you do not agree to any of the terms set out in the Terms & Conditions, please do not use the Website.
  7. It is your responsibility to ensure that it is legal to access to this Website and all content available on the Website, including, but not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation thereof (“Content”) on or through it, in the jurisdiction in which the Website and Content are being viewed and accessed.
  8. We reserve our right to unilaterally change, modify, or amend the Terms & Conditions from time to time, without Notice to you and in our sole discretion, whenever we deem fit and necessary. In such case, we will publish the amended Terms & Conditions on our Website. Any change, modification or amendment to the Terms & Conditions will be effective immediately from the date of uploading it on our Website. Your continued use / access to our Website after the modifications / amendments / changes to the Terms & Conditions constitutes your acceptance of the same, whether or not you have read them. For this reason, you should frequently review these Terms & Conditions.

OBLIGATIONS AND RESPONSIBILITIES OF USERS:

  1. By agreeing to the Terms & Conditions, you represent that you are at least the age of majority in your state or province of residence, and you have given your consent to allow any of your minor dependents to use this site.
  2. You shall comply with the Terms & Conditions at all times while you access or use our Website.
  3. You agree to act in accordance with, and in compliance with the applicable law, custom and usage of trade, and in good faith. You shall not make any change or alteration to the Website or any Content. You shall not impair, in any way, the integrity or operation of our Website.
  4. Without limitation to any other provision of these Terms & Conditions, if you default, either negligently or wilfully, in complying with any of the obligations set forth in these Terms & Conditions, you shall be liable for all the losses and damages that may be caused to us, our directors, employees, affiliates, partners or licensors.

USE OF PRODUCTS

  1. On this website, we are selling products to be used during religious functions, prayers and during festivals (“Product” and “Products”). There are various products which make up one box, all the details of the products & its quantity being supplied are listed in the ‘In This Box’ section of each respective product page. You agree that the Products sold and purchased on this Website are for personal and non – commercial use only. You shall not further sell the Products to third parties, or market the Products in your own name or brand or in any other manner, without our prior written permission.
  2. We reserve the right to cancel or reduce the quantity, or alter the quality of any Product, with or without notice to you, at our sole discretion. We may revise or cease to make available any Product(s) at any time without notice. You agree and acknowledge that any such cancellation or reduction shall not result in violation of the Terms & Conditions.

PRICING OF PRODUCTS

  1. We endeavour to provide accurate information of the pricing of Products on our Website. However, errors may occur in this regard, this shall not be construed to be a breach of these Terms and Conditions.
  2. The final price of the Product shall be indicated to you at the checkout page once you place the order on the Website.
  3. Prices provided or offered to you on our Website are subject to change without prior notice and at our sole discretion.
  4. In case we are unable to deliver the Products ordered by you, we shall accordingly notify you. In such case, your order may be cancelled by us, due to non-availability of the Product(s), and any amount paid by you shall be refunded to you within 7-15 days from our intimation to your original mode of payment.
  5. If an incorrect price and/or incorrect information is given for a Product due to any error for an order you have already placed, we may either (i) contact you for instructions, or (ii) cancel your order at our discretion and notify you of such cancellation.

ACCURACY OF PRODUCT INFORMATION 

  1. While we make best efforts to provide accurate description of Products, neither we nor our directors, employees, affiliates represent and warrant that the description of the Products are accurate, complete, reliable, current or without any error. The material on this Website is provided for general information only and are indicative in nature. You acknowledge that some of our Products are handmade because of which the colours and prints could vary from the description/photographs. The Website may contain typographical errors, inaccuracies or may not be complete or current. The pictures of Product(s) are also indicative in nature, and may not match the actual Product.
  2. We reserve our right to correct, change or update information and description of Products, errors, inaccuracies or omissions at any time (including after an order has been placed) without prior notice. You agree that it is your responsibility to monitor changes to our Website.

OUR REPRESENTATIONS AND WARRANTIES

  1. Our website is presented on an “as is where is” basis. We make no representations or warranties of any kind or nature with respect to the information or Content posted on this Website and hereby disclaim all representations and warranties, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement.
  2. We make no representations regarding the use of, or the result of the use/depiction of the Contents on the Website in terms of their correctness, accuracy, reliability, or otherwise. We shall not be liable for any loss suffered by you arising directly or indirectly from the interpretation of the correctness, accuracy, reliability of the Content of this Website.
  3. You acknowledge that our Website is provided only on the basis set out in the Terms & Conditions. Your uninterrupted access or use of our Website may be prevented by certain factors outside our control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services, or as a result of any maintenance or other service work carried out on this Website. We shall not, in any manner, be held liable for such disruption.
  4. We shall have the right, at any time, to change or discontinue any aspect or feature of our Website, including, but not limited to, Content, hours of availability and any functionality for access or use. Further, we may discontinue to disseminate any portion of information or category of information on the Website, without any notice. We do not accept any responsibility and shall not be liable for any loss or damage of any kind whatsoever arising out of, or in connection with your ability/inability to access or to use the Site.

INTELLECTUAL PROPERTY

  1. Rite Cheez Pvt. Ltd is the sole owner of any and all the information and Content available on the Website. The Content on the Website, whether registered or unregistered, is the Intellectual Property of Rite Cheez Pvt Ltd. and is protected under the law governing intellectual property in India, including, but not limited to, the Trade Marks, 1999, Copyright Act, 1957, and rules framed thereunder.
  2. No trademark or service mark license is granted in connection with the Content contained on this Website. Access to our Website does not authorize you to use any Content in any manner save and except the right specially granted to you under these Terms & Conditions.
  3. The compilation (meaning the collection, arrangement and assembly) of the Content on the Website is the exclusive property of Rite Cheez Pvt. Ltd. and are protected by the Indian Copyright Laws and International treaties.
  4. Save and except as required by law or statutory authority, the Content or the Website, in part or whole, shall not be used, reproduced, copied, sold, resold, accessed, modified, or otherwise exploited in any manner whatsoever for any purpose without our express written permission.

MODE OF PAYMENT

  1. Payments for the Products available and sold on our Website may be made by Credit Card, Debit Card, Net Banking, Unified Payments Interface (UPI), cash and e-wallets.

YOUR ACCOUNT

  1. The Website shall only be used by adults i.e. persons above the age of 18 years. If the Website is used and accessed by a minor, it shall deemed to be under the supervision of his/her legal guardian. We do not knowingly collect information from minors.
  2. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in in any manner whatsoever.
  3. If you are accessing, browsing or using the Website on someone else’s behalf; you represent that you have the authority to bind that person to all the Terms & Conditions herein. In the event that the person refuses to be bound to the Terms & Conditions, you agree to accept liability on his/her behalf for any harm caused by any wrongful use of our Website resulting from such access or use of the Site in whatsoever nature.
  4. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at care@allthatspuja.com. If we find a breach or suspected breach of the security of your account, we may require you to change your password, temporarily or permanently block or suspend your account without any liability to us.
  5. We reserve the right to refuse service and/or terminate accounts without prior notice if Terms & Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so. You are solely responsible for all Content that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

THIRD PARTY LINKS ON OUR WEBSITE 

  1. We are in no manner responsible for the content of any off-website pages or any other websites linked to or from our Website. Links appearing on our Website are for convenience, or a specific purpose only, and are not an endorsement by us, our affiliates or partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for any examination or evaluation, and we do not warrant the offerings provided by off-website pages or any other websites linked to or from our Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You are strongly advised to carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you may visit. We shall not be responsible for any loss or damage of any nature or kind caused to you as a result of your access to such third party websites.

SPECIAL OFFERS

  1. As a part of our sales campaigns and programs, we or third parties may offer you discounts, promotions or other offerings, including but not limited to contests and games (“Special Offers”) which may be subject to separate terms, rules and/or policies in addition to or in lieu of these Terms & Conditions. The said additional terms / rules / policies will be made available on our Website. Your participation in the Special Offers shall constitute a deemed acceptance to such additional or separate terms of use, rules and/or policies, if any, which may be formulated by us.

FEEDBACK 

  1. We decline unsolicited suggestions and ideas. However, any inquiries, feedback, suggestions, ideas, concepts, knowhow or other information you provide to us (collectively, "Feedback") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy, by transmitting or posting any Feedback on our Website, you hereby grant us the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Feedback in any way as we deem fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Feedback in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Feedback within or in connection with our Products or services. You also acknowledge that your Feedback will not be returned. We may use your Feedback contained therein free of cost, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing our Products.
  2. If you give us any Feedback, you represent and warrant that you own or otherwise control the rights to the same. You further represent and warrant that such Feedback does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You also represent that the Feedback shall not constitute any offence or is not prohibited under the law for the time being in force.
  3. You shall not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Feedback. We reserve our right to take any action against you in this regard.
  4. You agree to indemnify us, our directors, employees, agents, partners, and service providers for all claims arising from or in connection with claims or damages or arising from any Feedback.

USER CONTENT

  1. User Content” includes data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials on the Website transmitted, uploaded, posted, e-mailed or otherwise made available / provided by you on our Website.
  2. You agree that you are entirely responsible for the User Content. We shall not be responsible to anyone for the User Content on the Website.
  3. The User Content constitutes a Feedback under Clause 38 above. This means that you are entirely responsible for all the User Content that you post on the Website. You allow us to use the User Content in any manner as it deems fit.
  4. Without prejudice to the aforesaid, you agree not to engage in, or assist or encourage others to engage in, transmitting, uploading, posting, e-mailing or otherwise make available User Content that:
    1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
    2. you do not have a right to make available, under any law or under contractual or fiduciary relationship;
    3. is known by you to be false, inaccurate or misleading;
    4. you were compensated for or granted any consideration by any third party;
    5. infringes any patent, trademark, trade secret, copyright, design or other proprietary and/or intellectual property rights of any party; or
    6. is, in any manner, illegal, either in law or by contract. 
  1. In addition, you agree not to transmit, plug, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam".
  2. You further agree not to (a) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (b) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (d) intentionally or unintentionally violate any applicable local, state, national or international law; or (e) collect or store personally identifiable data about other users.
  3. We do not endorse or control the User Content transmitted or posted on the Website and therefore, we do not guarantee the accuracy, integrity or quality of User Content. We shall in no way be held responsible for examining or evaluating the User Content. Under no circumstances shall we, our directors, employees, partners, or service providers be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind caused to you or any other third party as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Website. You hereby waive all rights to any claims against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Content.
  4. Without limiting the generality of the foregoing or any other provision of these Terms & Conditions, you acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content without assigning any reason or notice.
  5. If you wish to delete your User Content on our Website, please contact us by email at care@allthatspuja.com and include the following personal information in your deletion request: first name, last name, user name/screen name (if applicable), email address associated with our Website, your reason for deleting the posting, and date(s) of posting(s) you wish to delete (if you have it). We may not be able to process your deletion request if you are do not provide aforesaid information to us. Please allow up to 30 Business Days to process your deletion request. The decision on your request rests solely with us. 

COMPLAINTS 

  1. Without prejudice to the fact that we are the owner of the Content, it is our endeavour to protect the intellectual property of third parties. If you have reason to believe that material has been copied in a way that constitutes copyright / trademark / patent infringement, please do send an email at care@allthatspuja.com with the following information: (a) identification and description of the purported infringed material(s) that you claim has been infringed; (b) evidence showing your ownership of the material, or your authority to act on the owner's behalf, if applicable; (c) a description of the material that you claim is infringing; (d) location of the material on the Website and how it is being used; and (e) your name, telephone number and email address.

LIMITATION OF LIABILITY

  1. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable to you or any third party whether in contract, tort including negligence or otherwise, under any circumstances, for any (a) interruption of business of any third party; (b) access delays or interruptions on the Website; (c) data non-delivery, mis-delivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Website; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the Website, including during hyperlink to or from third party websites (f) any inaccuracies or omissions in content (g) data theft, or (h) events beyond our reasonable control.
  2. While we make best efforts to ensure that Products are safe for human use, it is possible that certain Products may cause allergic reactions to certain individuals. Please make yourself aware of the materials and usage instructions, if any, of the Products to make sure that it does not cause any allergic reactions to you. You agree that we will not be responsible or liable in any manner whatsoever for any Product related issues including without limitation to any allergic reactions caused to you on account of usage of our Products. For any purchases made through our Website, you agree to be inter alia governed by the limitation of liability provisions of these Terms & Conditions.
  3. We may engage the services of third parties, affiliates and business partners to carry out our services or perform our obligations. As such, we have no control over, and are not liable or responsible for content, accuracy, validity, reliability, quality of such services or made available by/through our services.
  4. Further, to the fullest extent permitted by law, we will not be liable for any indirect, special, punitive, incidental, exemplary, nominal, or consequential damages of any kind (including lost profits) related to our Website or your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise and in no event shall our maximum aggregate liability exceed ₹2000 (Indian Rupees Two Thousand Only) only.
  5. You agree that no claims or action arising out of, or related to, the use of the Website or these Terms & Conditions may be brought by you after a period of 1 (one) year from the cause of action relating to such claim.

INDEMNIFICATION

  1. You agree to defend, indemnify and hold harmless us, our employees, directors, officers, agents and their successors and assigns, our holding, subsidiaries, affiliates, partners, or licensors 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 us or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under the Terms & Conditions, or arising out of your violation of any applicable laws, and 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. 

TERMINATION

  1. These Terms & Conditions are effective unless and until terminated by either you or us.
  2. You may terminate the Terms & Conditions at any time by written notice to us, pursuant to which you shall discontinue any further use of our Website with immediate effect. We may terminate the Terms & Conditions at any time and may do so without notice, and accordingly deny, restrict or prohibit your access to the Website. Such termination will be without any liability to us.
  3. Upon the termination of the Terms & Conditions by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms & Conditions or otherwise. Any such termination of the Terms & Conditions 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 Terms & Conditions.

DISPUTE RESOLUTION

  1. Any disputes, differences, claims or reliefs arising out of your use of this Website and/or the Terms & Conditions shall be subject to arbitration under the Arbitration & Conciliation Act, 1996, as amended. The disputes shall be adjudicated by a sole arbitrator which will be mutually appointed by you and us. In case the parties fail to mutually appoint an arbitrator, any party may apply to the courts in Mumbai for appointment of a sole arbitrator. The award passed by the arbitrator shall be final and binding. The parties agree to bind themselves to the award.
  2. The seat and venue of the arbitration shall be Mumbai.
  3. The Terms & Conditions shall be governed by the laws of India.
  4. Notwithstanding the aforesaid, for any disputes which are not arbitrable, the appropriate courts in Mumbai shall have exclusive jurisdiction.
  5. We shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect our trademark or other intellectual property rights or confidential information or to preserve the status quo.
  6. These Terms & Conditions shall be deemed to be entered into and wholly performed in Mumbai.

SEVERABILITY

  1. If any part of these Terms & Conditions 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 remainder of the Terms & Conditions shall continue to be in effect without any limitation.

ENTIRE AGREEMENT

  1. Unless otherwise specified herein, these Terms & Conditions constitutes the entire agreement between you and us with respect to our Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written.

NOTICES:

  1. You consent to receive from us any agreements, notices, disclosures and other communications (collectively, "Notices") for the purpose of and under the Terms & Conditions electronically, including without limitation by email.
  2. It is hereby clarified that the aforesaid consent to receive Notices is entirely separate from marketing communications which we shall send to you from time to time.

OUR RELATIONSHIP

  1. Nothing contained in these Terms & Conditions shall be construed as creating any agency, partnership, affiliation, joint venture or other form of joint enterprise between us and its users.

WAIVER 

  1. Our failure to require your performance of any provision hereof shall neither affect our right to require such performance at any time thereafter, nor held to be a waiver of the provision itself. 

CONTACT INFORMATION 

  1. Questions regarding this policy should be addressed to care@allthatspuja.com.