- This website, i.e. https://www.phool.co (“Website”) is operated by Kanpur Flowercycling Private Limited, a company incorporated and existing under the Companies Act, 2013 and having its registered office at Arazi Number 428,429 Bhaunti, Pratappur, Kalyanpur Kanpur Kanpur UP 209305 IN (hereinafter referred as “Phool” or “us” or “we” or “our”) for providing products made with waste temple flowers. These Terms (as defined below) were updated as on 22nd January 2022.
You can determine when these Terms were last revised by referring to the date at the top of these Terms. Phool reserves the right to make any changes to these Terms at its sole discretion, subject to the Act and the Rules and it is your duty to periodically check the Terms for any such updates. By accessing the Website, you agree that you are using the Website solely at your discretion and in no way did Phool induce or invite or solicit you to visit our Website. You should not modify or edit or alter or use any content from the Website in any manner to hamper the position of Phool.
ELIGIBILITY AND CONSENT
By accessing the Website, the user(s), or the parent or legal guardian of the user(s) who are Minors (as defined below), as the case may be (“User” or “Users” or “you” or “yours”), acknowledge that they have read, understood and agree to these Terms.
- If the Users are minors, i.e. under the age of 18 (eighteen) years (“Minors”), such Minors must use the Website under the supervision of a parent or a legal guardian who agree to be bound by the Terms.
- It is clarified that all references to “he”, “his”, “him” and “himself”, in the context of the User, shall be deemed to include references to Users of the opposite gender as well as Users who are legal or non-natural entities.
USE OF WEBSITE
Subject to your acceptance of these Terms, we grant you a limited, revocable, personal, non-exclusive, non-transferable license to use the Website, which allows you to access and use the Website on mobile, tablets and desktop device (“Devices”) that you own or control. You may use the Website on the Devices solely for your own personal and non-commercial use.
- The Website shall be best viewed on the latest version of Google Chrome, Firefox, Safari, Microsoft and are accessible on the Devices.
- The Website is best accessed from the following operating systems, (a) Windows XP or above, (b) MAC OS 10.2 or above.
- The contents of the Website are best viewed with the latest version of Adobe Flash Player. Phool’s Website is compatible only with the above-mentioned software’s or programmes. Phool shall not be obligated, at any point of time, to provide workable service for any Devices that are not recognized by Phool or those instruments that may be purchased from any third-party which are not compatible with the Phool’s Website.
- Further, Phool reserves the right to upgrade its Website from time to time to provide its service in the best possible manner.
- Third-Party Links:
- Our Website may contain third-party content which may have opinions and views from the person. Phool shall not be responsible for such opinions or any claims resulting from them. Such contents from the third-party have been reproduced after taking prior consent from said party and all rights relating to such content will remain with such third-party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third-party shall continue to vest with such party and you agree and acknowledge that Phool shall not be liable and in no way be held responsible for any claims arising therefrom.
- You hereby agree that Phool has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Website as it deems fit at any time without notice. Phool makes no commitment, express or implied, to maintain or continue any aspect of the Website. You agree that the Phool shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Website.
- Your Account:
- The User will have to register with Phool in order to access certain services or areas of the Website. With respect to any such registration, we may refuse to grant to you the User-name you request. Your User name and password are for your personal use only.
- It shall be the sole responsibility of the User to maintain the confidentiality of their account, password, and to prevent unauthorized access.
- In furtherance to the foregoing, any User who wishes to modify the details of his/her account can do so by clicking on the ‘Your Account’ section on the Website.
- Lastly, the User acknowledges that they are using their account only for the purpose of placing orders of the products listed on our Website.
MODE OF PAYMENT
- Payment for the products available on the Website may be made by availing any of the following options (“Payment Methods”):
- Payments can be made by Credit Card/Debit Card/ Paypal/Wallet/Net Banking/UPI/third-party payment gateways.
- Credit Card, Debit Card, UPI, Net banking payment, and third-party payment gatewaysoptions are recommended to ensure faster processing of your order.
- Cash on delivery option is not available for any products available on the Website.
- The User understands that the User may incur certain fees or charges on such payment methods.
- While availing any of the Payment Methods on the Website, we will not be responsible, whatsoever in any respect of any loss or damage arising to you directly or indirectly due to:
- Lack of authorization for any transaction; or
- Any payment issues arising out of the transactions; or
- Decline of transaction for any other reasons.
- The payment facility is merely provided by Phool to facilitate the completion of the transaction.
- The mere use of payment facility shall not render Phool liable for the non – delivery, non – payment, damage, breach of representations and warranties, or fraud as regards to the products listed on Phool’s Website.
- The User accepts and agrees that the payment facility provided by Phool is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online payment facility.
- User Transactions
- If you wish to purchase any product made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including but not limited to, your payment details (such as your payment card number and expiration date), billing address, and shipping information).
- By submitting such information, you grant to Phool the right to provide such information to third parties for purposes of facilitating the completion of Transaction initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
- All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice.
- Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only.
- The inclusion of any products on the Website does not imply or warrant that these products will be available in stock at all times for purchase.
- It is your responsibility to ascertain and obey all applicable local, state, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product purchased from our Website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Phool reserves the right, with or without prior notice, to do any one or more of the following:
- limit the available quantity of or discontinue any product;
- impose conditions on the honouring of any coupon, coupon code, promotional code, or other similar promotion;
- bar any User from making or completing any or all Transaction(s); and
- refuse to provide any User with any product.
- You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including but not limited to all shipping and handling charges, taxes.
- Phool or our agents may call or message regarding your account or Transaction(s). You agree that we may place such calls or messages using an automatic dialling/announcing device. You agree that we may make such calls or messages to a mobile or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us through our customer service facility.
- Limitations on quantity
- Phool does not offer additional discounts on large orders of a single product or multiple products at all times. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same method of payment, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Phool reserves the right to prohibit purchases of any products to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
- Phool strives to display as accurately as possible the colours of the products shown on the Website; however, Phool cannot and does not guarantee that your monitor’s display of any colour will be accurate.
- Availability, Errors & Inaccuracies
- Phool’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of a product has been confirmed. Phool makes a conscientious effort to describe and display its products accurately on the Website. Despite these efforts, a small number of products on the Website may be mispriced, described inaccurately or unavailable, and we may experience delays in updating information on the Website and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability.
- Phool, reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience. If we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email.
- Healthcare Information
- THE INFORMATION CONTAINED IN THE PRODUCTS ASSURING ANY HEALTH BENEFIT IS INTENDED FOR EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS MEDICAL ADVICE FOR INDIVIDUAL CONDITIONS OR TREATMENT, IT IS NOT A SUBSTITUTE FOR A MEDICAL EXAM, AND IT DOES NOT REPLACE THE NEED FOR SERVICES PROVIDED BY MEDICAL PROFESSIONALS. TALK TO YOUR DOCTOR BEFORE TAKING ANY PRODUCTS. ONLY YOUR DOCTOR CAN PROVIDE YOU WITH ADVICE ON WHAT IS SAFE AND EFFECTIVE FOR YOU.
- Rules for Promotions
- Text Messages
- Your carrier’s standard message rates will apply to your entry or submission message, Phool’s confirmation, and all subsequent text messages. Other charges may apply. All charges are billed by and payable to your mobile service provider.
- Phool will not be liable for any delays in the receipt of any text messages. Delivery is subject to effective transmission from your network operator.
- Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date time and content of your messages and other information you provide to Phool as part of this service. Phool may use this information to contact you and provide products you request from Phool. Phool may also use this information as described in the subscription list you’ve enrolled in. Phool may use an automatic dialling system to deliver text messages to you.
RETURN AND REFUND
- If you are not fully satisfied with your purchase of products sold by Phool, you may return it in accordance with “Phool’s Refund Policy”.
- Phool provides refund on products in accordance with its Phool’ Return and Refund Policy.
- User can access the Phool’ Refund Policy available at the Website.
- Upon confirmation of payment for the order (“Order(s)”) placed by the you, the Company directly ships any such Order via third party logistic partners. Your Orders are inspected thoroughly before shipment to ensure they are in a perfect condition.
- After the Orders are shipped, the Users shall be issued a tracking ID against their Order. The Users will be able to track their Orders by visiting our Website. In case your Order is shipped through multiple shipments, a tracking ID shall be issued against each such shipment. The Customers may visit our website to track their respective shipments.
- The Orders will be dispatched within 2(two) – 3 (three) working days (excluding Sundays and public holidays) of confirmation of order and delivered within 7 (seven) - 8 (eight) working days from the date of dispatching such Orders. However, depending on the COVID-19 restriction delivery of Orders at certain region may take up to 10-15 working days from the date of the dispatch. The Users shall be duly communicated in case of any such delay. If you are ordering our products during any sale event on our Website, shipment may be a bit delayed due to increased volumes. The Users must note that all the timelines are provided on an assumption basis and could change due to unforeseeable circumstances.
- The shipping charges varies in accordance with the dimension, height, weight, and location of delivery of the Orders. The Users can view the levied shipping charges upon checkout.
- Our delivery partners shall deliver the Orders on best effort basis, however, in case they are unable to deliver the same, the Orders shall be returned to the Company and the return or exchange option shall be given to the Customers in accordance with the terms of the return and refund policy of the Company.
You can cancel your order at any time without any cost before the product is dispatched. Such cancellation request must be placed within normal business hours i.e. 10 a.m. – 7 p.m. In the event, a cancellation request has been placed after the business hours, it will be considered as a request placed on the subsequent day and Phool shall not be liable if the Order is dispatched on the day of the receipt of such cancellation email after the business hours.
- Please note that there may be a delay between the product’s dispatch and the delivery of dispatch confirmation e-mail to you. Phool’s decision shall be final regarding the question of whether any ordered product has been dispatched prior to the cancellation of your order.
Phool provides content on its Website which may be produced by us or by third-party. We are in no manner responsible to you for the accuracy, legitimacy and trueness of the information so hosted. We take reasonable care to ensure such accuracy but we are not responsible for the information so furnished. You agree to not hold us liable for the falsification of any such provided information.
- Phool strives to provide accurate and correct information at all times. However, sometimes errors may occur.
- Phool can only confirm the actual price of the order once the order is placed.
- Notwithstanding Clause 8 (Cancellation), we hold the right to cancel your order if the price of the product and/or product information is inaccurately listed due to some technical error. However, this Clause 10.3 would not apply in case the order has already been delivered.
- In the event, where the price of the product and/or product information has been wrongly listed, Phool will first contact you for instructions and only upon your explicit instruction to process the order, will Phool deliver the order. In all other cases such an order shall be deemed to be not received.
- Further, if we cancel the order and the payment for such order has already been made then such amount will be credited back to the source account subject to the Refund Policy of the Company.
- Upon our sole discretion we may cease or discontinue listing a product on our Website. Further, we may also change the price and/or any other information about the product. Any such change may not be notified or intimated to you.
- Risk of loss
- Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery by the carrier.
- Jurisdictional Issues
- The Website are controlled and operated by Phool from Kanpur, and is not intended to subject Phool to the laws or jurisdiction of any state, country or territory other than that of India. In choosing to access the Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Website availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Unless otherwise specifically mentioned in these Terms, in addition to the content, all of the content available through the Website (including the right to sue for passing off, design rights, reports, data, databases, tools, code, photographs, pictures, video, interfaces, web-pages, designs, text, graphics, images, information, software (“Software”), audio, User content and other media files, their selection and arrangement, materials and all other intellectual property rights) are owned by us or respective third-party or licensed to us by a third-party (“Our Content”). You acknowledge and accept that you are expressly prohibited from using Our Content except where we grant you a limited license to use Our Content in connection with the Website. Our name and logo ‘PHOOL.’ and such others are our trademark/service mark. To the extent that there are trademarks, service marks and/or logos from other organisations on our Website, they are the trademarks, service marks and logos of those respective organisations. You are granted no general right or commercial license with respect to our trademarks, service marks, and logos or of the trademarks, service marks or logos of those other organisations.
DELETING YOUR ACCOUNT
- Phool reserves the right to terminate your account in case you are found in violation of the Terms.
- Phool will not be responsible for any losses arising out of such termination of account.
- Consequences of termination: Upon the termination of your account, Phool shall be relieved of all future liabilities and obligations towards you.
CONDUCT OF THE USERS
- You hereby agree, undertake and covenant that, during the use of the Website, you shall not host, display, upload, modify, publish, transmit, update or share any information that:
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, including bodily privacy, insulting or harassing on basis of gender, libellous, hateful or racially or ethnically objectionable, disparaging or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever under the laws of India;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
- contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; and
- provides instructional information about illegal activities such as making or buying illegal weapons or any other objects, violating someone's privacy, or providing or creating computer viruses;
- engages in commercial activities without Phool’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;
- interferes with another Users use and enjoyment of the Website;
- You may not decompile, reverse engineer, or disassemble the contents of the Website, Our Content or Software or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website, Our Content or Software or remove any copyright, trademark registration, or other proprietary notices from the contents of the Website.
- You will not (a) use the Website for commercial purposes of any kind, or (b) advertise or sell domain names or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Website in any way that is unlawful, or harms Phool or any of their Representatives. (as defined below)
The Website is protected by copyright laws as well as other intellectual property laws as applicable. Phool and its licensors shall retain ownership in and to the Website and to all related intellectual property rights, including without limitation copyrights, trademarks, trade names, database rights and patents. You are granted only a limited right to use the Website subject to these Terms and no intellectual property rights are or will deemed to be transferred or licensed or assigned to you except as contemplated herein.
FEEDBACK AND SURVEYS
Any feedback you provide on the Website regarding the listed products, through any surveys undertaken by us shall be deemed to be non-confidential. The Website shall be free to use such non-confidential information on an unrestricted basis. Further, by submitting your feedback and survey data, you represent and warrant that (i) your feedback and survey data does not contain confidential or proprietary information of you or of third parties; (ii) Phool is not under any obligation of confidentiality, express or implied, with respect to the feedback and survey data; and (iv) you are not entitled to any compensation or reimbursement of any kind from Phool for the feedback or survey data under any circumstances, unless specified.
Phool reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third-party.
- These Terms are effective unless and until terminated by either you or Phool.
- You may terminate the Terms at any time, provided that you discontinue any further use of the Website. Phool may terminate the Terms at any time and may do so without any prior notice.
DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS ON OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE WEBSITE ARE PROVIDED BY PHOOL ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. PHOOL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. PHOOL SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE USER EXPRESSLY AGREES THAT THE USE OF THE SERVICE IS AT THE USER’S SOLE RISK. PHOOL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, PHOOL DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE WEBSITE AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL PHOOL, OR ITS REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM THE USER’S ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR BUSINESS AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY; AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PHOOL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE ABOVE AND NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, THE MAXIMUM AGGREGATE LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR EQUITY) OF PHOOL VIS-À-VIS ANY EMPLOYER, REGARDLESS OF THE FORM OF CLAIM, SHALL BE LIMITED TO THE AGGREGATE OF ANY FEES/AMOUNT PAID BY THE USER TO PHOOL. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN.
SEVERABILITY AND WAIVER
These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Kanpur, India. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Kanpur, India and the language used shall be English
- Pursuant to the Consumer Protection (Direct Selling) Rules, 2021 and the Consumer Protection (E-Commerce) Rules, 2020 the Company shall acknowledge the User complaint within 48 (fourty-eight) hours of receiving such complaint and shall on a best effort basis resolve the User grievance within 1 (one) month of receiving such complaint. The User can track the status of complaint by calling on the number provided to the User along with the ticket number generated at the time of lodging such complaint
- In the event, you want to report a grievance that you might have with our product and/or service or for any other general query, you may contact our customer care on the below-mentioned information:
- Number: +91 7408584112
- Email: firstname.lastname@example.org
- In the event, the customer care does not acknowledge the receipt of the complaint and/ or query within 24 (twenty-four) - 36 (thirty-six) hours, you may contact the Grievance Officer. In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
- Name: Mr. Anup Misal, Kanpur Flowercycling Pvt. Ltd
- Address: Arazi Number 428,429 Bhaunti, Pratappur, Kalyanpur Kanpur Kanpur UP 209305 IN
- Contact: +91 7709782012
- Email ID: email@example.com Time: Mon - Sat (10:00 - 18:00)