Welcome to the Plush Cart.
Plush Cart provides services to you subject to the following notices, terms, and conditions (“Terms”)
IF YOU DO NOT AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS, OR DO NOT HAVE THE AUTHORITY TO BIND YOUR ORGANIZATION TO THESE TERMS AND CONDITIONS, THEN DO NOT AVAIL OF USE THE SERVICES OR MATERIALS OF THIS WEBSITE.
ABOUT OUR SERVICES
Plush Cart provides a service that enables You to purchase items, displayed on the Website (all such products are collectively referred to as the “Products”). You agree, understand and acknowledge that the Website is an online platform from You purchase listed products at the indicated price therein at any time from any location.
MINIMUM AGE REQUIREMENT
The Sites are intended for use by people of at least 18 years of age, or the legal age required to form a binding contract in your jurisdiction if that age is greater than 18. By using the Sites, You represent and warrant that you are at least 18 years old and of legal age to form a binding contract. As a minor if You wish to use or transact on the Website, it may be made only with the permission and supervision of your legal guardian or parents. The Plush Cart reserves the right to terminate your membership and/or refuse to provide You with access to the Website at its sole discretion without assigning any specific reason.
You are required to register with the Website as a Member by filling out the Registration Form provided in the Sign Up Area of the Website. You may access the Website as a Visitor without registering with the Website, however, this may prevent You from availing all the Services offered by Us. Registration of the Website for all new Users is via emails, mobile numbers, or social media connections. During Registration, You will be required to furnish to Plush Cart certain information and details, including Your name, e-mail id and any other information that is deemed necessary by the Website (“Account Information”). You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer to prevent unauthorized access to your Account or password. You should take all necessary steps to ensure that the password is kept confidential and shall take immediate steps to inform us immediately if You have any reason to believe that your Account has been hacked or compromised by any third party. You expressly agree and acknowledge that all Account Information provided by You is accurate and true. You hereby agree and understand that Plush Cart reserves the right to refuse access to the Website, terminate your Account/s and remove or edit any content posted by You without any notice to You.
Membership on the Website is free for all Users. We do not charge any fees for browsing or accessing the Website. However, Plush Cart reserves the right to change its fees policy at any point of time and introduce any new premium services along with any fees that Plush Cart may have at its sole discretion. Any changes to the Fee policy shall be posted on the Website and shall become effective immediately after such changes are posted in the Website.
ACCESS TO WEBSITE
Plush Cart shall take all necessary and reasonable steps to ensure the uninterrupted availability of the Website. However, PLUSH CART does not guarantee the uninterrupted availability of the Website at all times. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
Plush Cart hereby grants you a limited license to access and make personal use of the Website and the Services offered by Plush Cart in accordance with Terms or Policies of Plush Cart as introduced or modified or amended from time to time. This license does not include any resale, or commercial use of this Website or its contents, any downloading or copying of content or account information for the benefit of another seller, or any use of data mining, robots, or similar data gathering and extract tools while using the Website.
This Website or any portion of this Website (including but not limited to any copyrighted materials, trade marks, or any other proprietary information) may be not copied, reproduced, duplicated, sold or commercially or otherwise exploited without obtaining the prior written consent of Plush Cart. All texts, graphics, designs, user interfaces, visual interfaces, marks, logos, artworks posted on the Website are the exclusive property of the Plush Cart and You shall not copy, reproduce, sell or share any such content commercially without obtaining prior written permission of PLUSH CART.
You may contact Plush Cart Member Services by sending an email to the support of Plush Cart. You acknowledge that the provision of customer support is at Plush Cart’s sole discretion, and that we have no obligation to provide you with customer support of any kind. We may provide you with customer support from time to time, at our sole discretion, provided that you have created an Account and that you submit your customer support inquiries using such an Account.
PRODUCT SPECIFICATIONS; PRICING
We are not infallible, and therefore we do not warrant that product specifications or other content on the Sites is complete, accurate, or error-free. You expressly agree and acknowledge that Plush Cart shall have the right to refuse or cancel any orders made by You at any time after making such orders, in its sole discretion. If we charged your credit card prior to cancellation, we will issue a credit to your account in the amount of the charge. In the event of any errors relating to the specifications of any product, Plush Cart shall replace the default product in accordance with the Return Policy of Plush Cart. Notwithstanding the aforementioned, Plush Cart shall have the right to refuse or cancel any replacement and/or refund requests in its sole discretion, if such requests in the opinion of Plush Cart fail to fall within the scope and ambit of the Return Policy of Plush Cart.
While using any of the payments methods available on the Website, Plush Cart shall not be responsible for any loss or damage incurred directly or indirectly by You due to:
1) Lack of authorization for any transactions;
2) Any payment issues arising out of transaction; or
3) Decline of transaction for any other reason by the Bank.
If payments have been made to our Account by Bank in cases of any failed transaction, we shall credit such amounts to the bank account after receiving appropriate requests from your end.
All prices are listed in Rupees. “Price”, as displayed, is inclusive of all applicable taxes. We reserve the rights to revise the prices for the products at any point of time. The items in your shopping cart reflect the most recent price of the product. You acknowledge that this price may differ from the price shown for the item when you first placed it in your cart.
Unless otherwise stated all payment to Plush Cart shall be made in Indian Rupees. You shall be solely responsible for compliance of all applicable laws while making payments to Us. You understand, accept and agree that the payment facility provided by Plush Cart is neither a banking nor a financial service but is merely a facilitator providing an electronic, automated online electronic payment or receiving payment through Cash on Delivery using the existing payment gateway networks. We reserve the right to impose certain restrictions on the number of transactions conducted by the User. We provide the availability statements for each product and we may provide the estimated timelines for products on receipt for written requests from your end. Notwithstanding the aforementioned availability statements, We reserve the right to cancel or refuse or process any order placed by You at our sole discretion without assigning any reason to You. However, in the event of any such refusal, We shall promptly refund any amounts received from your end with respect to such orders or replace the product with any other available product on your request.
You agree to electronic communication for all of your transactions and communication with Plush Cart and the Sites.
NOTICES AND CONTACT INFORMATION; COPYRIGHT COMPLAINTS
Except as otherwise provided in these Terms, Plush Cart will give you any notices by posting them on the Sites, and you agree that such posting will constitute effective notice. You authorize Plush Cart to send notices (including without limitation notice of subpoenas or other legal process, if any) via electronic mail as well if Plush Cart decides, in its sole discretion, to do so. You agree to keep your address current and that notice provided by Plush Cart to the address that you have most recently provided will constitute effective notice.
Plush Cart respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please reach out to us.
MODIFICATIONS TO TERMS AND SITES
POSTING CONTENT ON THE SITES; REPRESENTATIONS AND WARRANTIES
You agree to be liable for any content posted using your Account and for any transactions associated with your Account. By displaying or publishing (“posting”) any content on the Sites, including without limitation text, audio, video, pictures, graphics, music, sound clips, images, likenesses, personal information and other works of authorship (collectively, “Content”), you warrant and represent that (a) you own all rights in your Content and the performance contained in your Content or, alternatively, you have acquired all necessary rights in your Content to enable you to grant to Plush Cart the rights in your Content described herein and for us to exercise the rights with respect to such Content that you grant herein; (b) you are the individual pictured, depicted, and/or heard in your Content, or, alternatively, you have obtained permission (and, if applicable, publicity rights) from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is heard in your Content to grant the rights to Plush Cart described herein; and (c) your Content is not defamatory in nature, does not infringe the intellectual property rights, privacy, rights to publicity or any other legal or moral rights of any third party.
GRANT OF LICENCE
You hereby grant to Plush Cart a permanent, worldwide, royalty-free, freely transferable, freely sub-licensable (through unlimited levels of sublicense), non-exclusive license to use, reproduce, modify, adapt, transmit, distribute, publicly perform and display (including in each case by means of a digital audio transmission), and create derivative works of the Content, in any form, media, or technology now known or later developed. To the extent permissible under the applicable laws, You hereby waive any moral rights you may have in such Content under the laws of any jurisdiction. You agree that we may (but are not obligated to) display your Content, and your username or your actual name (according to the preferences you select at the time that you register) along with your Content.
You agree not to post to the Sites any Content or any other materials whatsoever that is or could appear to be: (a) untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person’s privacy or protected data, hateful, or racially, ethnically or otherwise objectionable; (b) infringing or alleged to be infringing upon a third party’s intellectual property rights, including any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party, including, without limitation, any Content that is the subject of any third party claim of infringement; (c) of a type that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information and proprietary and confidential information; (d) unsolicited, undisclosed or unauthorized advertising; (e) software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (f) data or information obtained through access that was not authorized by the owner of the data or information, or with respect to which such posting would constitute unauthorized use; or (g) in violation of any applicable local, state, national or international law, regulation, or statute (including export laws).
You agree not to do, or attempt to do, any of the following, subject to applicable law: (a) alter information on or obtained from the Sites; (b) tamper with postings, registration information, profiles, submissions or Content of other users; (c) use any robot, spider, scraper or other automated means or interface not provided by us to access the Sites or extract data or gather or use information, such as email addresses, available from the Sites or transmit any unsolicited advertising, “junk mail,” “spam,” or “chain letters”; (d) frame any part of the Sites, or link to the Sites, or otherwise make it look like you have a relationship to us or that we have endorsed you or your Content for any purpose except as expressly permitted in writing by Plush Cart; (e) impersonate or misrepresent your affiliation with any person or entity; (f) bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Sites (except as otherwise expressly permitted by law); (g) take any action which might impose a significant burden (as determined by us) on the Site’s infrastructure or performance, or send to or otherwise impact us or the Sites (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, “spyware,” “adware” or other code that could adversely impact the site or any receipt .
You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
MONITORING OF SITE CONTENT
We are under no obligation to restrict or monitor Site Content in any way. YOU UNDERSTAND AND ACKNOWLEDGE THAT PLUSH CART DOES NOT REGULARLY MONITOR THE ACCURACY OR RELIABILITY OF CONTENT AND THAT USE OF THE SITES IS AT YOUR OWN RISK. Notwithstanding the foregoing, we reserve the right to modify or remove any Content at any time. Any opinions, advice, statements, services, offers, or other information or Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Plush Cart. Plush Cart neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on these Sites by anyone other than authorized Plush Cart employees acting in their official capacities.
TERMINATION OR CANCELLATION
You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Sites, and/or your Account, or suspend or block your access to the Sites. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end.
DEALINGS WITH MERCHANTS; LINKS
You acknowledge that the Sites may contain advertisements, offers, or other links to other websites and resources of third parties that we do not control.
DISCLAIMER OF WARRANTIES
THE SITES MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM PLUSH CART, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU USE THE SITES AND CONTENT AT YOUR OWN RISK. THE SITES ARE PROVIDED BY PLUSH CART ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLUSH CART MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION OR CONTENT INCLUDED ON THE SITES. PLUSH CART MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITES WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PLUSH CART EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT NEITHER PLUSH CART, NOR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS AND SUPPLIERS, NOR EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF PRIVACY, LOSS OF GOODWILL OR ANY OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY TO YOU OF PLUSH CART AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, AND SUPPLIERS AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS EXCEED, IN TOTAL, THE AMOUNTS PAID BY YOU TO US.
IF YOU THINK OUR WORK IS COPIED THEN WRITE TO US WITH
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- Plush Cart’s Copyright Agent for notice of claims of copyright infringement on the site.