This document is an electronic record published in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 as amended from time to time. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. YOUR APPROVAL
1.1. You may accept this Agreement only if:
(a) You are a natural Person, are of the legal age, eligibility, and mental capability to form a binding contract.
(b) You are a juristic Person, are lawfully existing and have all the authorizations, permits and allowances to enter into this Agreement and form a binding contract.
(c) You are not legally barred or restricted from accessing the Websites or using the Services or any part of it.
1.3. You will be deemed to have accepted this Agreement by simply availing Services, including but not limited to, by:
(a) creating a Registered Account;
(b) using the Services via the Website;
(c) accessing the Website or any Content thereof;
(d) simply surfing and/ or browsing the Website.
2. PROVISION OF SERVICES
2.1. Services provided to You are subject to Your acceptance and approval of this Agreement. You are requested not to use and/ or access the Website, Services and/ or any part thereof if You do not approve of, agree with and accept each and every term of this Agreement.
2.2. The purpose of Services is to provide a platform for sale of the Products offered through the Website.
2.3. In order to avail Services, You may register on the Website by providing specific information and creating an account (“Registered Account”). In case you create a Registered Account, You shall ensure that all the information provided by You is always true, accurate, complete and updated. The Services shall be available to Users even without creating a Registered Account.
2.4. Subject to applicable Law, We may stop provision of Services (or any part of Services), permanently or temporarily, to You or to Users generally or may modify or change the nature of Services and/ or these Terms at Our sole discretion, without any prior notice to You. Your Use of Services following any such modification shall constitute Your deemed acceptance of this Agreement (or as it may be modified).
3. USE OF SERVICES
3.1. In order to use Services, You will require accessing the Website through internet in such form and manner as provided by Us. We may update the Website from time to time in order to ensure a better experience for the Users and consequently may temporarily cut or restrict Your access to the Website or the Services.
3.2. You agree to use the Website and Services only for such purposes as is permitted by:
(a) this Agreement; and
(b) if You are a natural Person, any law, regulation or generally accepted practices or guidelines applicable in the country of which You are a citizen, in which You are a resident or from where You access the Services.
3.3. You will solely be responsible for maintaining the privacy and confidentiality of Your access details (user ID, password etc.) with respect to Your Registered Account. Any access to or use of Your Registered Account shall be construed as access or use of such Registered Account by You.
3.4. You agree not to impersonate another Person or impersonate, guide or host on behalf of, or falsely state or otherwise misrepresent Your affiliation with any Person, including, but not limited to other Users, Us and/ or Our officials, employees, agents, partners, affiliates, dealers and/ or franchisees.
3.5. Unless agreed to the contrary in writing, Services provided by Us are for non-commercial and personal use of the Users only. Users are not allowed to copy, reproduce, alter, modify, create derivative works of, or publicly display any Services or any part thereof as their services.
3.6. E-Commerce Website for selling Products:
3.6.1. Through the Website, We facilitate the purchase of Products offered for sale by Us. The Products and information displayed on the Website is an "invitation to offer" to public at large. Your order for purchase constitutes Your "offer" which shall be subject to acceptance or rejection by Us and shall further subject to these Terms. All accepted offers shall be fulfilled by Us. If You have provided your valid email address or contact number, We may notify You by email or through SMS (as the case may be) as soon as possible to confirm receipt of Your order.
3.6.2. We reserve the right, with or without notice, to cancel or reduce the quantity of any Products to be provided to You that We believe, in our sole discretion, may result in the violation of this Agreement or any applicable Law.
3.6.3. We reserve the right to change, suspend, or discontinue the availability of any of the Products at any time, without any notice or liability. You acknowledge that the price payable in connection with the Product, may be subject to change, without notice or liability.
3.6.4. While describing Our Products on Our Website, We endeavour to be as accurate as possible. To the extent implied by applicable Law, We do not warrant that the Product descriptions, colours, information or other content available on the Website are accurate, complete, reliable, current, or error-free. The Website may contain typographical errors or inaccuracies and may not be complete or updated. Such errors, inaccuracies or omissions may also relate to pricing and availability of the Product. Please note that the Product pictures are indicative and may not match the actual Product.
3.6.5. Delivery: You understand that We may take third-party services to deliver Products to You. Upon placing an order, You will receive an estimated time of delivery. However, the estimated delivery times are indicative, hence there may be some unforeseeable delays, which are beyond our control. Further, You agree and acknowledge that with respect to delivery services, certain terms and conditions of Our third-party delivery partner may apply to You. CCU Committee shall not be held responsible for any loss/ damage/ liability arising due to a breach of terms and conditions of such third-party delivery partner by You or due to any act of such third- party delivery partner.
3.6.6. Cancellation: You agree and acknowledge that You will have the right to cancel an ordered Product only until the time it has not been dispatched by Us. No cancellation shall be accepted once a Product is dispatched and out for delivery. In order to make a cancellation request, You must email us at email@example.com. You agree that We shall not be liable to pay for any damage or loss either direct or indirect owing to such cancellation of the order or delay in delivery.
3.6.7. Customer Feedback: The Website provides to You an option to provide Your feedback on the Services and or Products offered by Us. You agree and acknowledge that You shall not upload any Content on the Website which:
(a) is/might be defamatory, obscene, pornographic, vulgar, offensive or against the public policy;
(b) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(c) is/might be violent or threatening or promotes violence or actions that are threatening to any Person;
(d) harms minors in any way;
(e) promotes illegal or harmful activities or substances;
(f) violates any guidelines or terms of this Agreement or any Applicable Laws.
3.6.8. International Orders: The Services are also available to Users residing outside India. In case You are a User placing an order from outside India, You agree and acknowledge to bear the custom charges payable on the Products ordered by You.
4. RESTRICTIONS ON USE OF SERVICES
4.1. You agree that You will not use the Services or any Content for any purpose that is illegal, unlawful, or prohibited by this Agreement. You will not attempt to engage or engage in any activity that may:
(a) reverse engineer, decompile or otherwise extract the source code(s) related to the Websites or Services or any part thereof, unless it is expressly permitted by Us in writing or is required by applicable Law;
(b) use any robot, spider, retrieval application, or other device to retrieve or index any portion of Website, Services or Content;
(c) collect information about other Users in any illegal or unlawful manner for any illegal or unlawful purposes;
(d) register on the Website to access Services or create any Registered Accounts by automated means or under false or fraudulent pretences for using the Services;
(e) transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the Website or Services;
(f) use Services in any manner that can damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the Services, or interfere with any other third party's access to and/or enjoyment of Services;
(g) carry out any denial of service or any other harmful attacks on the Website or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the Services or any part of Services or any User; or
(h) forge headers or otherwise manipulate identifiers in order to disguise the origin of any part of the Website or any Content transmitted through the Website.
4.2. You will not circumvent or disable any digital rights management, usage rules, or other security features of the Websites; remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Websites; and not use Services in any manner that threatens or is likely to threaten the integrity, performance or availability of Services to You or to Users generally.
5. PAYMENT TERMS
5.1. To the extent permitted by applicable Law, You acknowledge and agree that CCU Committee may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information.
5.2. In order to make payments online, You undertake to use a valid payment card or bank details or third party wallets or details required for any other mode of payment (“Payment Details”) with the authority to use the same, to have sufficient funds or credit available to complete the payment on the Website in good standing. By providing the Payment Details, You represent, warrant, and covenant that: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to perform payments using such Payment Details; and (c) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable Law. You agree that You are responsible for any fees charged by Your mobile carrier in connection with Your use of the payment services through Your mobile. You may add, delete, and edit the Payment Details You have provided from time to time through the Website.
5.3. Except to the extent otherwise required by applicable Law, CCU Committee is not liable for any payments authorized through the Website using Your Payment Details. Particularly, CCU Committee is not liable for any payments that do not complete because: (a) Your payment card or bank account or third party wallet does not contain sufficient funds to complete the transaction or the transaction exceeds the credit limit in respect of the Payment Details provided; (b) You have not provided Us with correct Payment Details; (c) Your payment card has expired; or (d) circumstances beyond the Our control (such as, but not limited to, power outages, interruptions of cellular service, or any other interference from an outside force) prevent the execution of the transaction.
5.4. We may from time to time provide certain Users with promotional offers and discounts that may result in different amounts charged for the same or similar Products obtained through the use of the Services, and You agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on Your use of the Services.
5.5. CCU Committee may do such checks as it deems fit before approving the receipt of/Your commitment to pay (for cash on delivery transactions) transaction price from You for security or other reasons at the discretion of CCU Committee. As a result of such check if We are not satisfied with Your creditability or genuineness of the transaction or other reasons at Our sole discretion, We shall have the right to reject the receipt of/ Your commitment to pay transaction price. For avoidance of doubt, it is hereby clarified that the ‘cash on delivery’ feature for payment, may be disabled for certain Users, at the sole discretion of CCU Committee.
5.6. We may delay notifying the payment confirmation, if We suspect that You are conducting high transaction volumes, to ensure safety of the transaction and transaction price. In addition, We may hold transaction price and may not dispatch or remit transaction price to law enforcement officials (instead of refunding the same to You) at the request of law enforcement officials or in the event You are engaged in any form of illegal activity.
6. REFUND AND RETURN POLICY
6.1. We offer return/replacement of only such Products which are either received in a damaged state or do not match with the ordered Product. In either of these cases, You must contact Us via email ID (provided below) within 3 (three) days of receipt of such Product, so We can arrange for a replacement or a refund, as requested by You. We will arrange a replacement or bear the cost of shipping the item(s) back to Us, in case of a return.
6.2. A replacement shall be subject to the availability of the same Product with Us. We might deny Your request of replacement if We do not have the stock of the Product so replaced. The number of days within which the replaced Product shall be delivered to You will depend upon its availability at that point in time. Return/replacement of a Product in case of international orders, shall be solely on Our discretion.
6.3. In case of a return/replacement due to receipt of damaged Product, We may ask You to send Us an unboxing video to ensure that the Product was received in a damaged state.
6.4. In order to return/replace a Product, You must ensure that the Product is not used by You and is preserved in its original condition, tags, and packaging.
6.5. We endeavour to process your refund within 15 (fifteen) days from the date we receive the Product sent back by You. However, the refund is subject to the transaction and processing time taken by the bank after the NEFT is initiated by Us. In case of any refund discrepancies, We may at our sole discretion, request You to share with Us a screenshot of Your bank statement.
6.6. CCU Committee may refuse a refund/replacement request if We find evidence of fraud, refund abuse or other manipulative behaviour that entitles Us to a claim against You.
6.7. Except for cash on delivery transaction, refund, if any, shall be made at the same issuing bank from where transaction price was received, or through any other method available on the Website, as chosen by You. For cash on delivery transactions, refunds, if any, will be made via electronic payment transfers.
6.8. For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India. Refunds may be supported for selected banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with Us for processing the refund.
6.9. Please further note that You shall be completely responsible for providing correct bank details and We and/or any third-party payment gateway used by Us shall not be responsible in case wrong information has been provided to by You.
6.10. You agree and acknowledge that while sending back a returned/replaced order to Us, You will pack the Product in the same manner as was delivered to You. You shall also ensure that the packaging is such that the Product does not gets damaged/lost while in transit. Upon receipt of the Product, We may match it with the one in the unboxing video as shared by You. In case We find that the Product has been further damaged in the transit, We may cancel Your replacement request with no refunds.
7. INTELLECTUAL PROPERTY RIGHTS AND DATA OWNERSHIP
7.1. Use of Services shall, at all times, be governed by and subject to the applicable Laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property and You agree to abide by such Laws. You shall solely be responsible for any violation of any Law or for any infringement of any intellectual property rights caused pursuant to Your use of Services.
7.2. When You upload, submit, store or send any Content on the Website, You give Us a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, worldwide right and license to use, copy, transmit, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly perform, publicly display, print, edit, translate, reformat and distribute any Content, in whole or in part for the purpose of providing, operating, promoting, and/ or improving the Website and/ or Services and for business of Us.
7.3. You acknowledge that certain underlying technology or software used by Us in connection with Services and certain Content displayed on Website may contain rights of other Users or a third party and for use any such third party’s intellectual property, You may need to get permission directly from the owner of such intellectual property.
7.4. All third parties owning any intellectual property have a right to take appropriate actions against any User for any violation, infringement or passing off by such User. We respect the intellectual property rights of all Persons and do not hold any responsibility for any violations of any intellectual property rights by You or other Users.
8.2. You are responsible for maintaining the confidentiality of passwords associated with any device or online accounts that You use to access the Services or any part thereof. You are solely responsible for all activities that occur with use of Your Registered Account or device. If You become aware of any unauthorized use of Your Registered Account or device, then You may immediately notify Us and the relevant authorities.
9. TERM AND TERMINATION
9.1. You are bound by the Agreement from the time You commence using the Services till earlier of (i) when You cease access or use to Services in any manner, including deleting Your Registered Account; or (ii) Us terminating this Agreement with respect to You by permanently barring Your access to Services.
9.2. We reserve the right to terminate Your access to Services or any part of Services, at any time if:
(a) You knowingly or unknowingly cause, direct or indirect, breach, as ascertained by Us, of any part of the Agreement;
(b) You do not make the requisite payments with respect to any Product purchased by You via Our Website;
(c) a third party with which We offers Services, has terminated its relationship with Us or ceased to offer the related services to Us or to You;
(d) provision of Services or any part of Services is no longer commercially viable or feasible for Us;
(e) We believe that You are a repeat infringer of the terms of this Agreement or You are in violation of applicable Law; or
(f) We are required to terminate this Agreement by applicable Law, Government order or order of a court with requisite jurisdiction.
9.3. Upon termination of this Agreement, all the legal rights, obligations and liabilities that You and Us have benefited from, been subject to (or which have accrued over time whilst the Agreement was in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
10. LIMITATION OF LIABILITY
10.1. Use of Services by You is entirely at Your own risk and We shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to any User’s use of Services or accessing the Website.
10.2. Provision of the Services does not constitute an institution of agency between Us and any of Our Users. Our relationship with each and every individual User shall be on a principal-to-principal basis only. You are solely responsible for any breach of Your obligations under this Agreement, applicable Law and/ or the consequences of any such breach.
10.3. We will not be liable for any acts or omissions of any third party, or for any unauthorized interception of the Website or Services or any breach of this Agreement attributable in full or in part to the acts or omissions of third parties, or damages associated with features that We do not furnish, or damages that result from the operation systems, equipment, facilities or services provided by third parties to You.
11. REPRESENTATIONS, WARRANTIES AND COVENANTS
11.1. You represent and warrant that: (i) You are lawfully existing under applicable Laws and have full power and authority to enter into, execute and deliver this Agreement; (ii) You have all necessary and valid authorizations required for performance of Your obligations under this Agreement; (iii) this Agreement constitutes a legal, valid and binding obligation on You, enforceable against You; (iv) You have accepted this Agreement relying on Your own business judgment and You have not been induced by any Person; and (v) execution, delivery and performance of this Agreement by You shall not (a) violate any provision of the territorial and/ or jurisdictional Laws applicable to You; (b) conflict with or result in material breach or violation of any terms, or constitute default under, any other agreement by which You are bound; (c) violate any order, judgment or decree against, or binding upon, Your; or (d) violate any Law or regulation of India or any other country in which You maintains Your principal office (in case You are a corporate Person) or of which You are a citizen and a resident (in case You are a natural Person).
11.2. We disclaim all warranties in relation to access to or provision of Website or Services, whether express or implied, including but not limited to:
(a) Services being constantly available or available at all;
(b) Services being successfully executed in all cases;
(c) Services being always functional without any disruption, delay or error;
(d) User’s ability to use the Services, directly or indirectly;
(e) Users’ satisfaction with the Services;
(f) the accuracy of the data provided in the course of Service;
(g) that all bugs or errors in relation to Services will be fixed or corrected;
(h) that Website will be compatible with all devices, all networks and all browsers;
(i) that use of Services is fit for a particular purpose or use, except as provided herein; or
(j) that Services and Contents is accessible in every location.
11.3. Users shall defend, indemnify and hold Us, and Our officers, directors, employees, representatives, consultants and agents harmless from and against any third party claims, actions, demands, liabilities, judgments, and settlements, including without limitation, any loss or damage suffered by Us (including loss of reputation and/ or goodwill) and including reasonable legal fee that may result from or alleged to result from (a) such User’s unauthorized, illegal and/ or unlawful access to or use of the Services; (b) such User’s breach of any rules, regulations and/ or orders under any applicable Law; and (c) such User’s breach of any obligation under this Agreement.
11.4. You expressly represent and warrant that You will not use Services if You do not understand, agree to become a party to and abide by all the terms specified of this Agreement. Any violation of this Agreement by You may result in legal liability upon You and nothing in this Agreement shall be deemed to confer any rights to any third party or any other Person, not expressly granted such rights herein.
12. GOVERNING LAW AND JURISDICTION
12.1. This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Kolkata, India.
12.2. You agree that any cause of action arising out of Your use of Services shall be commenced within 30 (thirty) days after (a) when such cause of action accrues; or (b) when You become aware of the facts giving rise to the cause of action, whichever is later, else, such cause of action shall be permanently barred.
13.1. Confidentiality: You may be given and have access to confidential and proprietary information of the other users pursuant to Services provided under this Agreement. You will not use any such confidential information for Your own corporate purposes or any other purpose (except as contemplated under this Agreement) without a prior written consent of the Person owning such information and shall use their best efforts to keep confidential and not to disclose to any Person any such confidential and proprietary information, except as mutually agreed or required by applicable Law.
13.2. Display Association: We shall have a right to display and publicize Our association with You, other Users and the Services We have provided to Our Users, in Our collateral and branding materials.
13.3. Severability: If any provision of this Agreement is determined to be unenforceable then such provision shall, to that extent, be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected. Any act of either Us or the User, done prior to the provisions being held unenforceable shall be deemed to be valid and binding on the other.
13.4. Waiver: Waiver by Us of any one default of any one User will not waive subsequent defaults of the same or different kind, by the same or different User, and no failure or delay of Us to exercise or enforce any of its rights hereunder shall act as a waiver of those rights.
13.5. Assignment: While the Users shall not assign or transfer any of their rights or liabilities under this Agreement to any other Person, We may freely assign Our rights and benefits (in full or in part) under this Agreement to any Person. You acknowledge that We have a right (but not the obligation) to deliver the Services either ourselves, or, through Our affiliates or any third parties.
13.6. Notices: We may post notices within the Website or send You notices on the registered e-mail address or the telephone numbers shared with Us. You will deemed to have received such notices, if sent via e-mail, within 24 (twenty-four) hours of Us sending the notice. Your use of Services after expiry of 3 (three) days from the day notice was sent, shall constitute receipt and acceptance of the notices sent to You.
13.7. Non-compete and Non-solicit: You will not, directly or indirectly, (i) solicit or attempt to solicit, induce or recruit, engage or in any other way encourage Our employees, consultants or Users to terminate their respective engagements with Us and/ or engage with You and/ or any third party; or (ii) engage in any activity which is same or similar to the Website or the Services.
13.8. Force Majeure: We will not be liable for any failure or delay in the performance of this Agreement due to reasons beyond Our reasonable control, including acts of war, epidemic/pandemic, acts of God, earthquake, flood, riot, embargo, sabotage, Governmental act or failure of the internet.
14.1. The information, software, products, and services forming parts of the Services have been contributed by various Users and may include inaccuracies or typographical errors. Any advice received or inferred via the Services should not be relied upon by the Users for any personal, legal or financial decisions and Users should consult an appropriate professional for tailored advice, specific to their situation.
14.2. We reserve the right, at any time, to add to, change, update, or modify this Agreement so please review it frequently. We will endeavour to inform You of any changes incorporated in this Agreement that are significant (in Our opinion), however, You are requested to regularly visit and review this page.
14.3. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND WE DO NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF WEBSITE, SERVICES AND/ OR GOODS AND/ OR SERVICES PROMOTED AND/ OR OFFERED THROUGH THE WEBSITE OR SERVICES.
15. CUSTOMER SUPPORT
15.1. You can reach our customer support team to address any of your queries or complaints at firstname.lastname@example.org.
16. DEFINITIONS AND INTERPRETATION
16.1. All the capitalized terms contained in the Agreement that have not been defined elsewhere, shall mean as follows:
(a) “Content’’ shall mean and include any audio, video, visual, graphic, text content or combination thereof, including messages, information, articles, description of Products, images, videos, GIFs, reviews, ratings, comments, queries or any other like material, created and/ or added on the Website, by Us or by a User.
(b) “Government” or “Governmental Authority”, for the purposes of this Agreement, means any statutory authority, Government department, agency, commission, board, tribunal, court, or other entity in India, or abroad, as applicable, authorized to make Laws.
(c) “Law” or “Laws” includes all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any Government Authority, tribunal, board or court, in India or abroad, as applicable.
(d) “Person” shall mean any natural person, limited or unlimited liability company, corporation, partnership (whether limited or unlimited), proprietorship, Hindu undivided family, trust, union, association, government or any agency or political subdivision thereof or any other entity that may be treated as a person under applicable Law.
(f) “Products” shall mean and include such goods as We display, market, sell and/ or attempt to sell through the Website.
(g) “Services” shall mean and include the service of browsing and/or purchasing Products via the Website.
(h) “Website” shall mean https://tulahome.in/, as provided by Us and as updated from time to time.
16.2. Any reference to the singular includes a reference to the plural and vice versa; any reference to one gender includes a reference to the other gender(s), unless explicitly stated otherwise.
16.3. Headings and captions are used for convenience only and not for interpretation of the Agreement.
16.4. Any reference to a natural Person shall, include his/her heirs, executors and permitted assignees and any reference to a juristic Person shall, include its affiliates, successors and permitted assignees, unless repugnant to the context.
Last updated on December 27th, 2021.