Terms of service
OVERVIEW
This document/agreement (hereinafter referred to as “Agreement”) sets forth the Terms and Conditions (hereinafter referred to as “Terms and Condition/ TOU/Terms”) that apply to the access and use of the Website (www.suncasahome.com) (hereinafter referred to as “Platform”) which is owned by SUNCITY METALS AND TUBES PRIVATE LIMITED, a company incorporated and registered under the Companies Act, 2013 bearing CIN U27107RJ1981PTC090529 and having its registered office at Plot No 27A/ 68 Adarsh Society, Light Industrial Area, Near ITI Circle, Shastri Nagar, Jodhpur- 342003, Rajasthan, India (hereinafter referred as “Company”) and operated by SUNCITY STAINLESS LLP, a limited liability partnership registered under the Limited Liability Partnership Act, 2008, bearing LLP Identification Number (LLPIN) [AAJ-2314], and having its registered office at E-422 Basni II Phase, Jodhpur, Rajasthan - 342005, which serves as the designated marketing entity and is responsible for fulfilling customer orders.
These Terms and Conditions are a legally binding document and are an electronic record as prescribed under the terms of Information and Technology Act, 2000 and rules made thereunder and is generated by a computer system and do not require any physical or digital signatures. This Agreement is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, that provides for the due diligence to be exercised for the access or usage of this Platform and availing Services offered on this Platform.
These Terms and Conditions govern the access and use of the Platform of the Company (hereinafter referred to as “Our/ Their”) and the services provided thereunder. Please read these Terms and Conditions carefully before accepting. The User (hereinafter referred to as “Users/ You/Your”) by accepting the Terms and Conditions or by accessing, downloading, installing, browsing or otherwise using the Platform agree that you have read, understood, acknowledged and accepted these Terms and Conditions and use of the Company’s Platform and services. This Agreement along with Privacy Policy describes the relationship of the Company and Users which will be subject to the rules, guidelines, policies, terms and conditions applicable to any Service
that is provided by this Platform and shall be considered as part and parcel of this Terms and Conditions.
The Company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms and Conditions and any other policy related thereto. If Company make changes that affect Your use of the Platform or our Services, Company will post notice of the change on the Terms and Condition page. Any changes to these Terms and Conditions will be effective upon Our posting of the notice. If You do not agree to the changes, You may close your account and You should not use the Platform or any Services offered through the Platform after the effective date of the changes. Your continued access or use of this Platform after such changes or modifications signifies your acceptance of the updated or modified Terms and Conditions. Be sure to return to this page periodically to review the most current version of Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS HEREIN CONSTITUES AN AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINED HEREUNDER.
1. Definitions
For the purposes of this Terms and Conditions:
A. Account means a unique account created for You to access our Service.
B. Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
C. Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
D. Intellectual Property Right means all proprietary rights held by Suncasa, including but not limited to, product designs, branding elements such as trademarks, trade names, and logos, website content, images, written descriptions, promotional materials, packaging designs, technical know-how, software code, digital assets, and any other creative or commercial outputs developed by the Company. This also includes any innovations, improvements, or processes related to its products or Services. All content made available to users on the website, including product listings, blogs, recipes, and visual media, is considered the exclusive intellectual property of the Company and shall not be copied, reproduced, or used without prior written consent of the Company.
E. Minor shall mean any person below the age of 18 years.
F. Platform refers to Suncasa (___________________).
G. Personal Information/PI includes any information or set of information, whether alone or in combination with other personal information which is sufficient to identify the User.
H. Privacy Policy means policy as defined in Clause 11 and provided at _______________.
I. Product means any item offered for sale by Suncasa through its website, including but not limited to home and lifestyle goods such as kitchenware, cookware, drinkware, and other related accessories.
J. Service refers to the activities and offerings provided by the Company through its website, including but not limited to enabling customers to browse and purchase a curated range of home and lifestyle products directly from Suncasa, such as kitchenware and related items.
K. Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
L. Usage Data refers to data refers to data generated using the Services on the Platform.
M. You/Your/User means the individual accessing/viewing the Products or using the Service, or the company/corporate entity, or other legal entity on behalf of which such individual is accessing, viewing the Products or using the Service, as applicable.
N. Terms and Conditions means these terms and conditions amended from time to time.
O. Third Party shall mean and include banks, associations, company or any entity whose facilities are being utilized by the Company to provide Services to the Users.
2. Use of Platform
By making use of the Platform you hereby declare/ confirm that:
2.1. You are aware and accept that all information, content, materials on the Platform is protected and secured.
2.2. By providing your consent, You agree and authorize the Company to share your information, with its group companies, vendors, service providers of the Company and other third parties, in so far as required for marketing purposes/ developing the Platform, including but not limited to social media marketing / development and services and/or to provide you with various value-added services, in association with the Services selected by you or generally otherwise.
2.3. You acknowledge and accept that the software and hardware underlying the application as well as other Internet related software which are required for accessing the application are the legal property of the Company or Third Party. The permission given by Company to access the application will not convey any proprietary or ownership rights in the software/hardware of the Company.
2.4. You accept and acknowledge that not all the Services offered on the Platform are available in all geographic area and you may not be eligible for all the Services being offered by the Company on the Platform. The Company thus reserves the right to determine the availability and eligibility for any Service being offered on the Platform.
2.5. You acknowledge and agree that the Company shall not be liable for any damages, loss (direct or indirect) due to disruption or non-availability of any Service due to technical fault/glitch/ error or any failure in telecommunication network or any error in any software or hardware systems beyond the control of the Company.
2.7 You agree that transactions, if any, made through the Company’s Platform shall be through Your own bank account only and the said transactions do not contravene any Act, Rules, Regulations, Notifications or any other law applicable and being in force. All payments for Products or Services offered on the Platform are processed directly by the Company or through authorized third-party payment gateways integrated into the Platform. The Company collects and manages payments solely for transactions conducted on its own website. The User acknowledges and agrees that Suncasa is not responsible for any transactions conducted outside its official platform, including those involving third-party vendors or external websites. Accordingly, the Company shall not be held liable, whether contractually, statutorily, or otherwise for:
2.7.1. any payment failures, chargebacks, or reversals initiated by the User or payment provider;
2.7.2. any refunds, returns, or exchanges not processed in accordance with Suncasa’s official Return & Refund Policy;
2.7.3. the delivery, quality, fitness for purpose, or legality of products or services not sold directly by Suncasa;
2.7.4. any fraud, unauthorized transactions, or disputes arising from interactions with third-party vendors or payment processors not affiliated with Suncasa.
2.8 The User understands and accepts that all obligations, liabilities, and risks associated with purchases made outside the Suncasa platform rest solely with the respective third-party vendor.
2.9 You agree and acknowledge that the Company reserves the right at its sole discretion to delete, block, restrict, disable, suspend Your access of the Platform if You are found engaging in any fraudulent or illegal activity or if You fail to pay the fees for Services provided by the Company.
3. Eligibility Criteria
3.1 Only Citizen of India can purchase the Products available on the Platform.
3.2 You hereby represent and warrant of being atleast 18 (eighteen) years of age or above and being fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligation, affirmations, representations and warranties set forth in this Terms and Conditions. If you are a citizen of a country other than India, then you undertake that you have attained the age of majority as per the laws of the jurisdiction to which you are subject to.
3.3 You agree and accept that where You are acting as a Guardian on behalf of a minor, you have the necessary authority to register/sign up for the Services on behalf of the minor. If the Company learns that the Company has collected PI from a minor, the Company reserve the right to immediately delete the information and the account created by such User. If You believe that a minor may have provided the Company PI, you may contact us at suncasa.css@suncitysheets.com.
3.4 You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the eligibility criteria. Any persons under the age of 18 (eighteen) or below
the age of majority should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents on this Platform.
3.5 You are not barred or otherwise legally prohibited from accessing or using the Services under the laws of India or any other applicable laws of other country.
3.6 You agree that the Company does not have the responsibility to ensure that You are following under the aforesaid eligibility.
4 Registration
4.1 To purchase Products or access Services through the Platform, You are required to provide accurate and complete personal information, including Your name, contact number, and email address. This information shall be treated as PI or the purpose of processing Your order.
4.2 As part of the purchase process, You may be asked to submit PI in accordance with the Company’s Privacy Policy. 4.3 User shall also be required to furnish the following PI during the checkout process to effectuate the purchase of Product(s):
4.3.1 Full Name
4.3.2 Complete Address with Pin Code
4.3.3 Bank Account Number
4.3.4 Credit/Debit Card Number
4.3.5 UPI Id
4.4 Upon providing the required PI, You may receive a One-Time Password (OTP) on Your registered mobile number to verify Your identity and confirm the transaction.
4.5 You will not be required to create a user account to complete a purchase. However, Your mobile number or email address may be used to facilitate communication, order tracking, and future interactions with the Company.
4.6 You agree to ensure that the information You provide remains accurate and up to date at all times.
4.7 You are solely responsible for any activity or communication initiated using Your provided mobile number or email address.
4.8 You shall not:
4.8.1. Provide personal details of another individual with the intent to impersonate;
4.8.2. Use contact information that belongs to another person without proper authorization;
4.8.3. Use credentials or details of another user to complete a transaction.
4.9 The Company shall comply with applicable laws, including the Information Technology Act, 2000 and the Digital Personal Data Protection Act, 2023 and shall implement appropriate technical and organizational measures to safeguard Your PI.
4.10 If the Company reasonably believes that the information provided is false, misleading, or violates these TOU, it reserves the right to restrict access to the Platform.
4.11 You further agree that the Company shall not be responsible for any loss or damage resulting from such unauthorized access or Your failure to comply with these Terms and Conditions.
5 Cookies
We use cookies and other similar technologies on the Platform to enhance User experience and to better our services depending upon Your interests and activities on the Platform. To learn more, read our cookie policy available on suncasahome.
6 Intellectual Property Rights
6.1 For the purpose of this Agreement, Intellectual Property shall mean as defined in Clause 1(D).
6.2 The Company has granted SUNCITY STAINLESS LLP a limited and authorized license to use its Intellectual Property, for the purpose of operating and marketing the Platform and its Products.
6.3 You acknowledge and agree that all Intellectual Property rights including trademarks and logos of the Company and the Platform shall vest in the Company and You shall not indulge in any act that construes that such trademarks and logos of the Company belongs to You.
6.4 The User also acknowledges that the Company have certain other intellectual property rights, including but not limited to social media content(s), website content(s), product descriptions, photographs, graphics, design element and materials, that may be revealed or provided to the User for providing any Services. The User acknowledges that the agreement does not grant any right or title of ownership in the intellectual property rights of the Company to the User. The authorized use of such Intellectual Property is limited to SUNCITY STAINLESS LLP, as per the license granted by the Company.
6.5 This clause shall apply in perpetuity.
6.6 You acknowledge and agree that the Company owns all rights, title and interest in the Service and the Platform, including the Intellectual Property in the Service and the Platform developed, graphics, and programming code thereto, description, photographs, etc. created/use for You shall solely vest with the Company.
6.7 The Company grants You a limited license to access and make personal use of the Platform and Services.
6.8 Access or use of Platform does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property rights.
6.9 You agree and acknowledge that this license does not confer any right to download, copy, create a derivative work from, modify, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sub-license, grant a security interest in or otherwise transfer any right in the Service.
6.10 You agree and acknowledge that You do not have the right to use Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
6.11 You agree and acknowledge that You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademarks and copyright notices), which may be affixed to or contained within the Service.
6.12 You agree to not copy or transmit any of the Service.
6.13 You agree and acknowledge that You shall not use the Platform or its contents for any commercial purpose or make any speculative, false, or fraudulent transaction.
7 Third Party Sites, Vendor and Services
7.1 User agrees and acknowledges that the Company may facilitate provisions of third-party services for the User within the Platform or redirect the User to such third-party platform and/or website for facilitating purchase of the Products. In order to use these third-party services, User may need to accept additional terms and conditions and meet additional requirements as specified on the third party website.
7.2 The Company does not exercise control over any third party websites and does not warrant any use thereof. User agrees that the Company is not responsible or liable in any way with respect to the contents of the third-party websites.
7.3 User shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such third parties. Any questions, complaints or claims related to any third party services should be directed to the appropriate third party.
7.4 User interaction with any third party accessed through the Platform is at the User’s risk, and the Company shall have no liability with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third party or for any personal injuries, death, property damage, or other damages or expenses resulting from User interactions with the third party.
8 Forbidden Uses
The following uses of the Platform and Services are expressly prohibited and You undertake not to any of the following:
8.1 Resell the Products, Services or Platform;
8.2 Furnish false data including false names, addresses and contact details and fraudulent use of credit/ debit card numbers or net banking or any other mode of payment;
8.3 Attempt to circumvent Our security or network including but not limited to accessing data not intended for You, logging into a server or Account you are not expressly authorized to access, or probe the security of other networks (such as running a port scan);
8.4 Access the Services (or Platform) in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large burden on our infrastructure or that otherwise interrupts or interferes with its functionality, efficiency or operation;
8.5 Execute any form of network monitoring which will intercept data not intended for you;
8.6 Enter into fraudulent interactions or transactions with the Company (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
8.7 Use the Services or Platform (or any relevant functionality of either of them) in breach of this Agreement;
8.8 Engage in any unlawful or criminal activity in connection with the use of the Services and/ or the Platform; or
8.9 Copy or use any user content, including but not limited to, unauthorize use or reproduction of User reviews for any purpose whatsoever; or
8.10 Engage in any frivolous act that hampers the goodwill and brand reputation of Company or its Platform or mobile application in any manner whatsoever.
Any conduct by a User that in Company’s exclusive discretion is in breach of the Terms and Condition or which restricts or inhibits any other User from using or enjoying this Platform is strictly prohibited. The User shall not use this Platform to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Platform to become users of other online or offline services directly or indirectly competitive or potentially competitive with Company.
Company reserves the right to prevent you from using the Platform and the Service and to prevent you from making any purchase, if your conduct is found to be in question or in contravention of such Terms as mentioned in this Agreement.
9 Communication Policy
9.1 By making use of the Platform, and furnishing your personal/contact details (PI), You hereby agree that You are interested in the Services, offers, campaigns etc. that the Company or any other third party may offer/provide/share/send to You from time to time through any means including but not limited to telephone, SMS (short messaging service), electronic mail (e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.2 You hereby agree that the Company may contact You either electronically or through phone, to understand Your interest in the selected Services and to fulfil your demand or complete your application for the Services and to assist You for customer servicing.
9.3 You also expressly agree and authorize the Company or its partners, service providers and other third parties to contact You for the purpose of offering or inviting your interest in availing other services offered by third parties, or for sending other marketing campaigns, offers, or any other information either on the Platform or through other means including but not limited to telephone
(e-mail), WhatsApp or any other messaging service/mobile application or any other physical, electronic or digital means/mode.
9.4 By using the Platform and providing your explicit consent, you expressly authorize the Company, along with its affiliates, partners, and third parties, to contact you for follow-up communications regarding the Services offered through the Platform and for offering or inviting your interest in availing any other Service offered by the Company or such third parties.
9.5 You will indemnify and hold harmless the Company and the SMS/e-mail service provider including its officials from any damages, claims, demands, proceedings, losses, costs, charges and expenses whatsoever including legal charges and attorney’s fees which the Company or the SMS/e-mail service provider may at any time incur, sustain, suffer or be subjected to as a consequence of, or arising out of, any of the following:
9.5.1. misuse by You or improper or fraudulent information provided by You;
9.5.2. incorrect number or a number that belongs to an unrelated third party provided by You.
9.6 You agree to receive communications through e-mails, telephone and/or SMS, from the Company or third parties. You also agree that the Company reserves the right to make Your details available to its vendors, service providers, business partners, agents or any other third party and that You may be contacted by such partners and/or the third party for information through email, telephone and/or SMS.
9.7 You acknowledge and agree that by providing your personal information and using the Platform, you expressly consent to receive communications from the Company, its affiliates, service providers, and authorized third parties for the purposes outlined in this Agreement, including marketing, promotional offers, and service-related updates.
9.8 However, if at any time you wish to opt out of receiving such communications, you may do so by:
9.8.1 Clicking the “unsubscribe” link provided in email communications;
9.8.2 Replying “STOP” to SMS messages; or
9.8.3 Contacting us directly at suncasa.css@suncitysheets.com.
9.9 The Company shall honor your opt-out request within a reasonable timeframe, in accordance with applicable laws. Please note that opting out of marketing communications will not affect transactional or service-related messages necessary for order fulfillment or customer support.
10 Representation and Warranties
10.1 User agrees to not post, submit, upload, distribute, or otherwise transit or make available any software or other computer files, via email, review post or any other form of communication available on the Platform, that contain a virus or other harmful component, or otherwise impair or damage Platform or any connected network, or otherwise interfere with any person or entity’s or Users use or enjoyment of the Platform.
10.2 User will not engage in any form of antisocial, disrupting, or destructive acts, including but not limited to flaming, spamming, flooding, trolling and phishing as those terms are commonly understood and used on the internet, via review post or any other form of communication available on the Platform.
11 Privacy Policy
All our collection, processing, sharing and storing of any Personal Information (PI) collected from You shall be in accordance with our Privacy Policy. This Terms and Conditions shall be read in conjunction with privacy policy of the Platform. Please read our Privacy Policy to understand how we handle your information.
12 Confidentiality
12.1. You acknowledge that in course of Your relationship with the Company and in using the Services, you may obtain information relating to the Services and/or the Company (“Proprietary Information”). Such Proprietary Information shall belong solely to the Company and includes, but is not limited to, the features and mode of operation of the Services, trade secrets, know-how, inventions (whether or not patentable), techniques, processes, programs, ideas, algorithms, schematics, testing procedures, software design and architecture, computer code, internal documentation, design and function specifications, product requirements, problem reports, analysis and performance
information, benchmarks, software documents, and other technical, business, product, plans and data. In regard to this Proprietary Information:
12.1.1. You shall not use except as expressly authorized by this Agreement or disclose Proprietary Information without the prior written consent of the Company unless such Proprietary Information becomes generally publicly available without your breach of this Agreement.
12.1.2. You agree to take reasonable measures to maintain the Proprietary Information and Services in confidence.
12.2. This clause shall apply in perpetuity.
13 Limitation of Liability and Indemnity
13.1 In no event shall the Company or its directors, employees, associates, partners, or suppliers will be liable to User for any loss or damage that may cause or arise from or in relation to these Terms and Conditions or due to use of this Platform.
13.2 User agrees to indemnify the Company or its directors, employees, associates, partners or suppliers for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Platform (ii) non-performance and/or non- observance of the duties and obligations under these terms and conditions or due to User’s acts or omissions (iii) any act, neglect, misconduct or fraud on User’s part.
13.3 User warrants that all the details and information provided by User to the Company or its directors, employees, associates, partners, or suppliers while using this Platform shall be correct, accurate and genuine.
13.4 While availing any of the payment method/s available on the Platform, the Company will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
13.4.1 Lack of authorization for any transaction/s, or
13.4.2 Any payment issues arising out of the transaction, or
13.4.3 Illegitimacy of the payment methods (credit/debit card frauds etc.) being used by You;
13.4.4 Decline of transaction for any other reason(s)
13.5 Use of the payment facilities provided by the Platform shall not render the Platform liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties or fraud as regards the Products or services listed on the Platform. The Platform shall not be responsible for any damages, interests or claims arising from not processing a transaction.
14 DISCLAIMERS
YOU AGREE AND UNDERSTAND THAT ALTHOUGH THE COMPANY HAS TAKEN ALL NECESSARY STEPS AND PRECAUTIONS, THE PLATFORM IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APPLICATION OR THE INFORMATION, CONTENT INCLUDED ON THE APPLICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATION, EXPRESS OR IMPLIED. WE DO NOT WARRANT OR REPRESENT THAT THE PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE APPLICATION, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN YOU AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS, THE COMPANY IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS
BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS.
WE DO NOT WARRANT, ENDORSE, REPRESENT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH THIRD-PARTY PROVIDER. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
15 Termination
15.1 The Company reserves the right, in its sole and absolute discretion, to suspend or terminate Your use of one or more Company Services, without notice and without liability to You or any third party, for any reason, including without limitation inactivity or violation of these Terms and Conditions or other applicable policies that the Company may publish from time to time.
15.2 Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Company may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Company Services.
16 Representations and Warranties
Each User hereby represents and warrants that it is competent to enter into this Agreement and any other agreement with the Company and perform in terms hereof and that the execution of this Agreement or any other agreement and performance in terms hereof shall not violate any law, rule, regulation, contract and order of any authority/court by the Party is bound.
17 Miscellaneous
17.1 Severability: In the event that any provision of this Agreement and any other agreement with the Company is declared by any judicial or other competent authority to be void, voidable or illegal the remaining provisions shall continue to apply unless the parties agree that the effect is to defeat the original intentions of the parties in which case such agreement shall terminate immediately and neither party shall have claim against the other in respect of such termination.
17.2 Waiver: No failure or delay by either party to exercise any right or remedy arising under, or in connection with, such agreement will act as a waiver, or otherwise prejudice or restrict the rights of that party in relation to that action or any other contemporaneous or future action.
17.3 Notices: Subject as otherwise provided in such agreement, all notices, demands and other communications required or permitted to be given or made hereunder shall be in writing and delivered personally or sent by courier of international repute addressed to the intended recipient thereof at its address mentioned in the beginning of such agreement.
18 Force Majeure
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), Company shall not be liable for any failure to perform any of its obligations under these Terms and Conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of Company, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
19 Modification and Amendment
19.1 Company reserves the right to make changes to the Platform, related policies and agreements, this Terms and Conditions and the Privacy Policy at any time as it deems fit and proper, prospectively or retrospectively including but not limited to comply with changes in law or regulation, correct inaccuracies, omissions, errors or ambiguities, reflect changes in the process flow, scope and nature of the Services and ancillary services, company re-organization, market practice or customer requirements without any prior intimation to You. You are requested to carefully read these Terms and Conditions from time to time before using the Platform. It shall be your responsibility to check these Terms and Conditions periodically for changes. Upon any change, Company will notify the updated Terms on the Platform or other means. The Company may require You to provide Your direct or indirect consent to any update in a specified manner before further use of Platform.
19.2 If no such separate consent is sought, your continued use of the Services and ancillary services shall constitute acceptance of the changes and an agreement to be bound by Terms and Conditions, as amended. If You do not agree to the changes, you may please discontinue your use of the Services and ancillary Services.
19.3 Company reserves the right to discontinue or suspend, temporarily or permanently, the Services including ancillary services, by giving reasonable time period notice, on a best effort basis, unless it is merely to change certain features/contents of the Services and/or Platform or maintain the security and integrity of the Services. You agree that Company will not be liable to you in any manner whatsoever for any modification or discontinuance of the Services.
19.4 You agree not to use the Services and ancillary services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the rights of other.
20 Dispute
These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing,
you agree that any proceeding brought by You shall be exclusively before the courts in Jodhpur, Rajasthan, India.
21 Entire Agreement
These Terms and conditions, together with the other guidelines, rules, terms, conditions and/or policies of the Platform, including the Privacy Policy and any other arrangement/agreement in relation the Services, constitute the entire agreement between You and Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and US pertaining to the subject matter hereof.
22 Survival
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Confidentiality, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.
23 Support Services:
If the User have grievance or complaint, questions, comments, concerns or feedback in relation to the Product or Services or any other concern, send an e-mail to us at - suncasa.css@suncitysheets.com
The name and contact details of the Grievance officer is as follows:
- Name: Customer Care Executive
- Email: suncasa.css@suncitysheets.com
- Contact No.: 9116122017