TERMS & CONDITIONS
1. Use of the Website
2. Limited License
Subject to the Terms stated herein, designerunicorn.com grants you a limited, revocable, and nonexclusive license to the access and use the Website and Service for personal, non-commercial use only. The Terms do not authorize you to collect, aggregate, copy, duplicate, reproduce, transmit, display, produce, perform, distribute, sell, license, or create derivative works of any portion of the Website and Service, without the express written permission of designerunicorn.com. Moreover, you are not authorized to compile or republish the content in any form. You agree to not decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code for this Website and Service. In addition, you shall not use robots, spiders, and manual or automated software or scripts, or data mining or similar data extraction tools to access, scrape, crawl or spider the Website. A limited exception to the prohibition is granted to internet search engines and non-commercial archives.
3. Intellectual Property Rights
The Website contains intellectual property rights owned by designerunicorn.com and any unauthorized use of the Website may violate or infringe upon the intellectual property rights of designerunicorn.com or a third party. Specifically, designerunicorn.com owns the designerunicorn.com name, trademarks and logos, as well as other protected trademarks, . You agree to not use the designerunicorn.com Marks without written permission from designerunicorn.com. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs and written and other materials that are part of this site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by designerunicorn.com, and are protected by Indian and international copyright laws and treaties. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of designerunicorn.com and is also protected by India and international copyright laws. All photographs created by the personalization of products, including photographic previews, are owned exclusively by designerunicorn.com and, if there is any dispute about ownership, by accessing and using this Website and its Services, you agree to assign any such rights to designerunicorn.com. If you breach any of these Terms or otherwise infringe upon any intellectual property rights, then your authorization to use the Website and the license granted herein is automatically terminated.
4. Age Requirements/Eligibility
You affirm that you are over the age of eighteen (18), as the Service and this Website are not intended for individuals under the age of 18. You affirm that you are able to enter into Terms, abide by and comply with these Terms. If you are under 18 years of age, then please do not use the Service and access this Website.
5. Rules of Conduct for Users
BY ACCESSING THIS WEBSITE OR USING THIS SERVICE, YOU REPRESENT AND WARRANT THAT YOU WILL ABIDE BY AND COMPLY WITH THE TERMS CONTAINED HEREIN, INCLUDING THE FOLLOWING RULES OF CONDUCT FOR USERS:
A. You shall use the Service at your own risk.
B. While not condoned or allowed under these Terms, the Website may contain material you feel is offensive or inappropriate material, and you are solely responsible for such exposure.
C. The Website may not be used for any illegal or unauthorized purpose, and you agree to comply with all applicable laws regarding online conduct and acceptable content.
D. You shall not take any action on the Website that would disrupt, damage, or harm the Service.
E. If you are a registered user, then you are solely responsible for your account, including any activity undertaken under your username and password. You agree to notify designerunicorn.com promptly if there is an unauthorized use or access to your account, or any other breach of security.
F. You alone are responsible for your conduct and materials or content you submit, display or post on the Service. In doing so, you confirm to designerunicorn.com that the picture or other material submitted by you for the purpose of processing or printing belongs to you, and you are competent to share it. Any liability of any kind arising from the wrongful use of any such material is upon you only, and designerunicorn.com is not liable in any way in this regard.
G. You shall not use the Service to process prohibited content. Prohibited content includes content or other material that designerunicorn.com believes:
1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;
2. Contains copyrighted material used without written permission of the owner;
3. Violates or otherwise encroaches on the rights of others;
4. Advocates illegal activity;
5. Harms anyone, including minors; or
6. Provides a link to any of the above.
H. You are not allowed to harvest, create, send or distribute any unwanted or unsolicited email or communications to Users, or otherwise violate any anti-spamming laws.
I. The collection and harvesting of private or personally identifiable information is strictly prohibited.
J. If applicable, you agree to abide by the Consumer Review Posting Policy and My Personal Rewards Agreements, which supplement these Terms.
K. designerunicorn.com also reserves the right to cancel your order should it be deemed inappropriate in terms of language, content, or material.
6. Use of Website and Services at own Risk
You are solely responsible for your actions on the Website and Service, and for any content that is submitted, accessed, downloaded, linked to, or retrieved from or through the Website or Service. You expressly agree that you bear all risk related to your use of the Website and Service.
7. No Warranty
To the extent local law does not allow limitations on warranties, this provision may not apply in its entirety. Use of this Website and Service is at your own risk. The Website, the Service, as well as the products ordered, are provided on an “as-is” basis. designerunicorn.com, and its officers, directors, employees, affiliates, and agents, expressly disclaim any and all representations and warranties, whether express or implied, in this regard, including and not limited to implied warranties in respect of merchantability, fitness for a particular purpose, title, non-infringement, and ownership. designerunicorn.com or its officers, directors, employees, affiliates, and agents do not represent or warrant the accuracy, reliability, timeliness, or completeness of the website, service, as well as the products ordered. All due care is taken in respect of the content and workability of the website and service, as also for processes deployed for personalisation of merchandise. Any loss arising in these respects is completely at your risk, and thefancypanda.com or its officers, directors, employees, affiliates, and agents shall not be responsible or liable in regard thereto.
8. Linking to Third-party Websites
The Website may contain links to third-party websites that are not owned, controlled, endorsed or sponsored by designerunicorn.com. designerunicorn.com makes no representations or warranties regarding the content on these websites. These websites also contain different terms and conditions and privacy policies, and by visiting these websites you accept any and all risk.
9. General Contractual Clauses
b. LIMITATION OF LIABILITY: To the extent your local law does not allow the limitation of liability, then this provision may not apply in its entirety. To the fullest extent provided under the law, thefancypanda.com, including its officers, directors, employees, affiliates, and agents have no obligation or liability to you or any third party, whether arising in contract, warranty, tort, (including negligence, product liability, or otherwise) for any direct, indirect, incidental, exemplary, punitive, special, or consequential damages (including any loss of data, revenue or profit) arising out of or with your use of this Service, the Website, any content submitted by you or any content submitted by other users, registered or not, even if you have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the company’s liability to you for any cause of action whatsoever, and regardless of the action, will at all times be limited to injunctive relief only, and you are not entitled to damages of any kind, unless otherwise permitted by law.
c. INDEMNIFICATION: You agree to indemnify, defend, and hold designerunicorn.com, and its officers, directors, subsidiaries, affiliates, parents, assigns, agents, service providers, suppliers, and employees, harmless from and against any and all losses, claims, liabilities, demands, including reasonable attorneys’ fees and costs, made by any third party arising out of or related to your use of the Website or Service, including but not limited to any content submitted by you, your violation of these Terms, any damage you caused to another, your breach of the representations and warranties, and the violation of the rights of another. These obligations survive these Terms and your use of the site.
d. ASSIGNMENT: Users may not assign, convey, or otherwise transfer their rights under these Terms; however, designerunicorn.com may assign, convey or transfer without any restriction or notice.
e. TERMINATION: Your access and use of the Website and Service is at the sole discretion of designerunicorn.com. designerunicorn.com may remove any content and/or terminate your access without notice for any reason, and designerunicorn.com is not liable for any such termination.
f. MISCELLANEOUS PROVISIONS
i. Governing Law/Venue: These Terms shall be governed by and construed in accordance with the laws of the State of Delhi, India. The state and federal courts in New Delhi, India specifically, shall be the exclusive forum and venue for any disputes that arise under or are related to these Terms. You hereby consent to personal jurisdiction in New Delhi.
ii. Amendment: designerunicorn.com is free to alter, amend, or change these Terms at any time without notice. The amendments will be prospective only. You are encouraged to review these Terms from time-to-time because they may change without notice, and your use of the Website and Service is governed by the Terms in place at that time.
iii. Entire Agreement: These Terms reflect the entire agreement between you and designerunicorn.com. You may be subject to additional terms and conditions when you submit, download, access, or use third-party content.
iv. Enforcement: The failure to enforce any Term is not a waiver of such Term. Regardless of any statute, law, or regulation to the contrary, any claim, demand, or cause of action related to the Website, Service or the Terms must be filed within one year after the date it arose, otherwise it will be barred. If any provision or sections of these Terms is found to be invalid by a court of competent jurisdiction, then parties agree that the court should endeavor to give effect to the intent of the parties, and the remaining provisions or section remain in full force and effect.
10. Ordering from us
When making an order through our Website, the web pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each web page of the order process.
You are deemed to place an order with us by ordering any of the Products which we sell by following the steps on our web pages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered. However, please note that this does not mean that your order has been accepted by us. Our acceptance of your order will take place as described in clause 11.3 below.
Our acceptance of an order takes place when we send you an email confirming that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with a Dispatch Confirmation. If we do not send you a Dispatch Confirmation, our acceptance of an order will take place when we post the Products to you.
If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website (as referred to in clause 15.4), we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all. If you have ordered a Product and you have paid a specialized delivery charge and we cannot deliver that Product, we will refund the specialized delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialized delivery charge applies to a Product this will be made clear to you on the cart page of our Website.
We may refuse to accept an order:
where Products are not available;
where we cannot obtain authorisation for your payment;
if there has been a pricing or product description error;
if we cannot meet your requested delivery date;
if you do not meet any eligibility criteria set out in these Terms;
if the order is to be delivered outside of the India;
if your order for Products which we have personalised or customised for you (Personalised Products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy;
if we believe your order is for commercial or other non-domestic concerns.
We reserve the right to brand all of our Personalised Products.
11. Our right to make changes to these Terms
We may amend these Terms at any time by updating this web page. Please look at the top of this web page to see when these Terms were last updated.
Every time you place an order with us the Terms on our Website, being those in force at the time of your order, will apply to the Contract between you and us.
Certain provisions of these Terms may be superseded by expressly designated legal notices or terms and conditions located on particular web pages of this Website.
If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
If we need to revise these Terms in relation to orders placed by you but not yet delivered, we will contact you to give you reasonable advance notice of the changes and give you the option to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the Products affected by these changes or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.