Terms & Conditions – Rainbow Feathers

Terms & Conditions – Rainbow Feathers

Please read the following Terms and Conditions very carefully before using any of our services or products (regardless of how you subscribe to or use the services) you agree that you have read, understood and accepted the following terms and conditions (“Terms”). If you do not want approve and abide by the the Terms, you must not subscribe to or use our services or products.

In these Terms, references to “you”, “User”, “your” shall mean the end user accessing the Website, its contents and using the Services offered through the Website where as “we”, “us” and “our” shall mean Rainbow Feathers, its franchises, affiliates and partners and last but not the least “Service Providers” mean independent third-party service providers.

General Conditions:

Rainbow Feathers reserves the right to refuse service or sell product to anyone for any reason at any point in time.

You agree that you will abide by the Terms and Conditions mentioned in this website and in case you found to be guilty against the Terms of Use, your services will be terminated or access will be blocked for indefinite time period.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

This Website Use Terms:

You agree, undertake and confirm to adhere to the following principles while using this website:

1. You must not host, display, modify, upload, share any information which shall be strictly governed by the following principles

a) patented or copyrighted product of someone
b) harmful in nature be it virus or any malicious programs
c) misleading and confuse other people
d) promotes to illegal activities
e) contains offensive contents like pornographic contents, abscenes, paedophilic, hateful, or racially, ethnically objectionable, disparaging which may hurt the sentiments of any community or anything unlawful
f) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
g) infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorised disclosure of a person’s name, email address, physical address or phone number) or rights of publicity
h) contains PII of any person
i) unauthorised access to someone else’s account details, password etc.
j) contains videos and photos of someone or their work
k) use of deep links, unauthorised URLs, URLs from competitors, reselling without our consent
l) impersonate another person
m) violates any law or law in force for the being
n) must not hold us responsible or create any sort of liability for us
o) must not interrupt our services or operations

2. You are at the age of majority while using this website in your country, state or province, whatever applicable. You are also giving consent that dependent minor can use this website with your account and user details. Moreover, You shall not hide your original identity and impersonate as someone else rather than who you are. You may not forge headers or manipulate the unique identifiers to disguise the actual origin of the message send to us or through our website or through services offered by us.
3. You agree to fully comply with the applicable provisions of the Information Technology Act, 2000 and rules which are applicable in different states, provinces within India with its’ ever changing and latest version of it including Exchange Control Laws or Regulations in Force, International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) while using this website and placing order for purchasing an item or availing a service. Moreover You shall not make any transaction for an item or a service through our website, which is prohibited by the provisions of any applicable law as mentioned before.
4. You agree to enable us to use your information strictly as per Terms and Conditions and Privacy Policy mentioned in this website. You also agree to grant us non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable could be through multiple tiers right to exercise copyright, publicity, database rights or any equivalent rights that you may have with your information now or may be in future.
5. You shall not involve in advertising to other users of the website to sell any products or services but not limited to, products or services related to that being displayed on the Website or related to us without our prior consent from us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. Moreover, information obtained from the Website should not be used to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us.In such cases, we reserve the right, at our sole discretion to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request or lawful court order to facilitate the investigation against any wrong and illegal activities.
6. You shall not reverse look-up, trace or seek to trace any information related to the user or visitors of this website, customer and their order related information, not even the PII information of such users except yours.
7. You shall not use any “deep-link”, “robot”, “automation tool”, “page scrape”, “spider” or any equiavalent method or tool/ technology or program/ algorithm to access, monitor the website or any portion of the website to bypaas or automate the navigational structure or User Interfaces, to obtain or made an attempt to obtain to access the documents, PII which is confidential and Rainbow Feathers has put restrictions on sharing those publicly.
8. You shall not to use any program or tool or device to manipulate or check or test the performance or vulnerability of this website and server or it’s network and which may disrupt normal operation of the website or person using our website during then.
9. Rainbow Feathers shall have all the rights to take stringent action and claim charges against any activities related to DDoS attack by your involvement or your know group of people, intentionally or unintentionally.
10. You shall not make any negative, derogatory or defamatory statement(s) or comment(s) about us or the brand name or domain name used by Us including the terms of Rainbow Feathers and rainbowfeathers.in or indulge in action against us which may tarnish or dilute the our reputation or good will of Rainbow Feathers.
11. You remain solely responsible for the content or material that you post on the website and be mindful that such comments doesn’t reflect our views. In such events Rainbow Feathers reserves the right, but has no obligation, to monitor the materials posted on the Website however shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms & Conditions. Rainbow Feathers doesn’t assume or take any liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. You hereby represent and warrant that you have all sort of necessary rights and information to all content so that such content shall not infringe any proprietary or other rights of third parties.
12. You shall not violate the Terms & Conditions mentioned in this website in a unlawful or prohibited way and that will attract legal action against the infringer from Rainbow Feathers.
13. Terms of using this website may change from time to time with immediate effect.
14. For any queries on Website Terms, Please write to rainbowfeathers007@gmail.com

User Registration and Restrictions:

While using this website you agree to maintain confidentiality of your name, account details and credentials. If your details is found to be false, inaccurate, not up to date or incomplete, or not as per Terms & Conditions of this website, We shall have the right to suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website or provide/ sell any service or product indefinitely.

You also understand that your content (not including credit card information), may be transferred unencrypted which involves transmissions over various networks and servers and when Third Party needs for providing services during your purchase of products or services with us. Credit card information is always encrypted and secured with utmost security during transfer over networks.

Privacy Policy:

Please refer our Privacy Policy page to have a look at the Privacy Policy.

Products

Rainbow Feathers has listed the products and materials which are sold by it’s wbesite, moreover, has limited quantities of its products and materials and are subjected to return as per the return policy mentioned.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction on case by case basis. We reserve the right to limit the quantities of any products or services that we offer. The price, description of the products are subject to change at anytime without notice, at the sole discretion of Rainbow Feathers. We reserve the right to discontinue any product at any time. We can withdraw any offer for any product or service made on this site at our own capacity.

Rainbow Feathers have made all effort to display (images, colors) and provide details as accurate as possible, however, does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Accuracy of Information and Billing:

Rainbow Feathers has tried at it’s level best to furnish complete, true and accurate information however to err is humane so there could be possibility of typographical errors, inaccuracies in product description, dimension, price, promotions and offers, availability, shipping cost, delivery timelines etc. and in such cases we reserve all rights to correct such errors and inaccuracies in the website without any prior notice. In such events we may also delay or cancel the order (even it is placed) and initiate refund or add the credit in the wallet.

The website may contain outdated or historical information and such information shouldn’t relied upon to purchase the product or avail services, in such events Customers may seek further consulting with our team is solicited for any latest and accurate information. However case on case basis

We undertake no obligation under any circumstances to clarify or amend any information on the website which includes product, pricing, shipping etc. related information until and unless required by law. The afore mentioned information in the website will be updated at any date so there will be no specific update or refresh date mentioned.

Pricing:

Prices of our products are subject to change without notice and we shall not be liable to you or any third party for any price revision.

We reserve the right to modify or discontinue any service or product (or any part or content thereof) without any notice at any time and shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the service.

Shipping:

Please refer our Shipping Policy page to have a look at the Shipping Policy.

Return Policy:

Please refer our Return Policy page to have a look at the Return Policy.

Termination of Services:

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or gets terminated when you no longer use our site.

If you are found not to comply with any of the terms or provisions of these Terms of Service, we also may terminate this agreement at any time without any notice and may deny you access to our Services (or any part thereof), therefore you will remain liable for all amounts due up to and including the date of termination.

Third Party Links and Tools:

We also host certain contents, products and materials, services from third parties to promote their products. In such cases, Our website will redirect you to those Third Parties websites via third party links hosted on our site that are not affiliated with us. We don’t warrant and will not have any liability for any such third party websites, their products and services since we don’t examine or evaluate their content, quality of product and services.

We are not liable for any purchase and use of goods and services and transactions made through those third party websites. We request you to go through the Terms & Conditions, different policies and practices of the third party and make sure you understand and then only you enageg in any transaction. Last but not the least any conerns and complaints regarding third party should be directed to the third party only.

On similar notes, we may provide you access to third party tools which we neither have control nor own or monitor, We have no liability what so ever risk arises for using those third party tools, You here by accept that you will use those tools at your own risk and discretion by ensuring that you have understood their terms of use and policies and you approve before using those tools.

We also want iterate that such new third party links and tools will be onboarded into our site and will also be subjected to the afore mentioned terms of use.

User Reviews and Feedbacks:

You are solely responsible for any comments you make and their accuracy. You should not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You agree that your comment will not contain unlawful, abusive or obscene material or contain any kind of malicious computer programs or malwares or viruses which may cause significant damage to our website or servers or systems. You also agree that will not violate any right of third party such as it’s copyright, trademark, personality, or proprietary rights in any form. We assume the comments you make is geniune and not to defame us being influenced by our competitors and in such event we may monitor, investigate and try to resolve in our capability before making any proceedings as per law.

If you send your creative ideas, suggestions, plans and proposals or other contents without our request by any media whether online, by email or through comments or physical means, you agree that we may use, edit, distribute, translate and enhance those any time without any restriction from your side. Moreover, we are not under any obligation to 1) to pay any compensation 2) to respond to any comments 3) to maintain any comments in confidence

Communication Policy:

Rainbow Feathers encourages its Users to be professional, courteous and respectful when communicating by email or phone and Rainbow Feathers has all the right to investigate and can take action on certain types of unwanted emails that violate Rainbow Feathers’s policies. Such email types include:

Spam (Unsolicited Commercial email) – Rainbow Feather’s doesn’t encourage its’ users to send spam messages to us neither to forward other members of Chumbak
Phishing or Spoof (Fake and Fraud email) – Rainbow Feathers will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested to report the same to Us through ‘Contact Us’ tab or email at care@rainbowfeathers.in
Threats Email – Rainbow Feathers is strictly condems it’s Users to send explicit threats of any kind be it bodily harm or otherwise.

Violations of this policy may result in a range of actions, including:
a) Loss of Special Status
b) Termination of Services
c) Legal action against the such user as per Indian Law & Regulations

Indemnity:

You agree to indemnify, defend and hold harmless Rainbow Feathers and its’ subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Force Majeure:

Rainbow Feathers shall have no liability to you if any delay or interruption happens to access this website, could be for any reason.

Enforcement of Laws:

In any event if the terms and conditions mentioned here is/are found to be unlawful or unenforceable, in such cases law which is applicable to the fullest will be levied and the portion of the concerned which is unenforceable will be deemed from the Terms of Service but the rest of the provisions will remain valid and enforceable.

Governing Law:

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation here to shall be subject to the exclusive jurisdiction of the courts at Kolkata, West Bengal.

General Terms for Offers and Promotions:

a) Rainbow Feathers introduce various offers, schemes or contest at different times. The terms and conditions for such Contest shall be separately available on the Site
b) Rainbow Feathers reserves the right to add/ modify/ withdraw any terms and conditions for any promotional offers being introduced in the website or stores from time to time.
c) Only one Credit note or coupons or promotional codes can be used per order unless specifically mentioned or can be use case based.

Disclaimer of Warranties; Limitation of Liability:

This Website, all the materials and products (including but not limited to software) and services, included on or otherwise made available through this site “As Is” and “As Available” for your use without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Rainbow Feathers does not warrant that:

a) The constant availability of the all the services through our website
b) The information in our website is true, accurate or non-misleading
c) The information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components

The sale of products and services are governed by different state laws as some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. In such events Rainbow Feathers will refund the prepaid amount if such products are not delivered to you.

Trademark and Copyright related complaint:

Rainbow Feathers respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to Rainbow Feathers at care@rainbowfeathers.in

Changes to Terms & Conditions:

You can review the latest version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service and it would be applicable with immediate effect as soon as we publish on our website. It is your responsibility to check our website before using it. You abide by our Terms of Service while accessing our website.

Contact Information:

Should have any queries or concerns about our Terms of Service, please feel free to send an email to care@rainbowfeathers.in