TERMS OF SERVICE

 

Welcome to Ciceroni, by PolkaCrowd Pvt. Ltd. This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 3 of the Information Technology Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of Ciceroni website and domain name, any other linked pages, features, content, mobile applications, and any other services we offer from time to time in connection with any of the foregoing (collectively, the “Website”).


For the purpose of these Terms of Service, wherever the context so requires, “You” or “Your” or “User” shall mean any natural or legal person who has agreed to become a buyer on our Website by providing data while registering on the Website as Registered User. The Term “Ciceroni”, “We”, “Our” or “Us” shall mean PolkaCrowd.


Your use of the Website is governed by and constitutes Your agreement of the following terms and conditions (“Terms of Service”) and we reserve the right to revise these Terms of Service at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and Your continued use of the Website shall be considered your agreement to any modified Terms of Service. If You do not agree to these Terms of Service, please do not use the Website.


Services

We offer a marketplace of unique and designer quality goods offered by different supplier at great value to You. Membership or registration shall allow You to purchase the products offered on our Website.

Usage

All of the content that appears on the Website, including all visuals, text, audio and video clips are subject to intellectual property rights or licenses held by Us or the Website. Content published herein is intended only for Your personal and non-commercial usage. By sharing, submitting and uploading any of Your data (including but not limited to photographs, images, video, music, art, or comments) either through social media channels or by way of testimonials requested on the Website or in any other manner whatsoever, You grant Us worldwide, non-exclusive, royalty-free, sub-licensable and transferrable license to use, reproduce, prepare derivative works of, display and perform Your user data in any legal manner for Our benefit. You acknowledge and agree that You are solely responsible for all the User data that You make available through such means.

Eligibility

You must be 18 years of age or older to visit or use the Website in any manner. By visiting the Website or accepting the Terms of Service, You represent and warrant to Us that You are 18 years of age or older, and that You have the right, authority, and capacity to agree and abide by these Terms of Service. You also represent and warrant that You will use the Website in a manner consistent with applicable laws and regulations.

Privacy

Please review our Privacy Policy, which also governs your visit to the Website, to understand our practices. The personal information provided to Us by You during the course of usage of Website will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to Your information being transferred or used, please do not use the Website.

Your Conduct

You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:

• You shall not host, display, upload, modify, publish or share any information which:

  •  belongs to another person and You do not have any right to;
  •  is harmful, defamatory, obscene, pornographic, invasive of another person’s privacy, hateful or racially charged, or otherwise unlawful in any manner whatsoever;
  •  is false, inaccurate or misleading in any way;
  •  involves transmission of “junk mail” or “spamming”;
  •  infringes upon third party intellectual property rights or rights of pivacy;
  •  violates any law for the time being in force.

• You must not use the website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way You understand that You are solely responsible for all electronic communications and content sent from Your computer to us and You must use the Website for lawful purposes only.

• You shall not use any false e-mail address, delivery address, impersonate any person or entity, or otherwise mislead Us by sharing multiple address and phone numbers or transacting with malicious intentions.

Disclaimer of Warranties & Liability

All the materials and products included on our otherwise made available on the Website are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Your use of the Website is at Your own risk. To the extent permitted by applicable law, the material and products are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Without limiting the foregoing, We do not warrant that the content is accurate, reliable or correct; that the materials or products will meet Your requirements; that the Website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Website is downloaded at Your own risk and You will be solely responsible for any damage to Your computer system or loss of data that results from such download or Your use of the Website.

To the fullest extent permissible under applicable law, We assume no liability, whether in contract or tort, for any direct, indirect, special, consequential, or punitive damages, including (without limitation) damages for loss of anticipated profits or revenue or other economic loss in connection with or arising from any act or omission by Us, our affiliates or partners, independent contractors, or unaffiliated third parties as a result of any act or omission in fulfillment of or in breach of these Terms of Service or the Privacy Policy.

Indemnity

You shall indemnify and hold harmless PolkaCrowd Pvt. Ltd, its owner, licensee, affiliates, group companies (as applicable) and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Service, Privacy Policy and any other Policies published by Us in connection with the Website or Your violation of any law, rules or regulations (including infringement of intellectual property rights) of a third party.

PRODUCT AND PRICING INFORMATION

We strive to provide You with the best prices possible on products and/or services You buy from Us, however, We do not guarantee that the price will be the lowest in the city, region or geography. Prices and availability are subject to change without any prior notice. We offer You a price match policy, subject to the following terms:

The prices mentioned on the Site can only be compared with the price of same/identical product(s) available through another online or offline sale channel;

The price being compared should be within the same geographical location;

The price being compared should be the price listed publicly by the online platform or offline store. We will not be able to match a price that You have negotiated with another platform or store.

This price match policy is applicable only prior to the initial payment of an order by You and We would not be able to match any price that You bring to Our attention after You placing the order and making the first / sole payment.

This price match policy cannot be clubbed with any other offer.

Our pricing is subject to our pricing policy and the final prices shall be determined at Our sole discretion. While We will endeavour to match the lower price listed on another sale platform, if We are unable to match the price, We will not be obligated to conclude a sale with You at such lower price.

While we strive to provide accurate product and pricing information, pricing or typographical errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, We may, at our discretion, either contact You for instructions or cancel your order and notify You of such cancellation. We will have the right to modify the price of the product and contact You for further instructions using the e-mail address or telephone number provided by You at the time of registration or placing an order, or cancel the order and notify You of such cancellation. If We have to cancel an order after we have processed your payment, the said amount will be reversed back to Your credit card account/bank account. No refunds shall be applicable on the orders made by the User under the Cash on Delivery (“COD”) option.

The individual product price as showcased on the Site may include supplier product price, shipping charges and customization charges (if any).

Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principle and the courts at Ahmedabad, Gujarat shall have the exclusive jurisdiction in this matter.