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TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

The Terms of Use are as follows:

  1. This is an electronic record in the form of an electronic contract formed under Information Technology Act, 2000 and rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use do not require any physical, electronic or digital signature.
  2. These Terms of Use are a legally binding between a User and PLATE AND PEONIE (both terms defined below). These terms of use will be effective upon the User's acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between the User and the PLATE AND PEONIE for the use of the website (defined below).
  3. This document is published and shall be construed in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 under Information Technology Act, 2000 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website.
  4. These Terms of Use of the website located at the URL https://plateandpeonie.com and mobile application under the name and style "PLATE AND PEONIE" (the Website) is between M/s. PLATE AND PEONIE LLP (hereinafter referred to as "PLATE AND PEONIE" or "We" or "Us" or "Our") and the guest users or registered users of the Website (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which PLATE AND PEONIE offers You access to the Website and such other services as are incidental and ancillary thereto ("Services").
  5. These Terms of Use available at TERMS OF USE , the Terms of Sale available at TERMS OF SALE, the Privacy Policy available at PRIVACY POLICY , the other policies of the Website available at https://plateandpeonie.com under "Policy Info" section or elsewhere on the Website and any other terms which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on the Website from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use the Website and avail the Services.
  6. If you are accessing the PLATE AND PEONIE mobile application or accessing the Services through the PLATE AND PEONIE mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.
A. ACCEPTANCE OF TERMS
  1. By entering the Site and / or any page accessible on the Site and / or by posting content on the Site or dealing with PLATE AND PEONIE in any way through the Site, you accept, without limitation or qualification, to be bound by the terms of this Terms of Use. This Terms of Use sets forth the terms and conditions under which you use the Site and under which PLATE AND PEONIE agrees to the use of the Site.
  2. You agree to abide by any applicable posted guidelines for all PLATE AND PEONIE services, which may change from time to time. Should you object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with PLATE AND PEONIE in any way, your only recourse is to immediately discontinue use of PLATE AND PEONIE
  3. If you do not wish to be bound by the terms, you should not access or use the website.
B. SCOPE OF THE SITE
  1. The Website is an electronic platform in the form of an electronic marketplace selling all kinds of branded tableware, dinning ware etc., and such other services as are incidental and ancillary thereto. The Services are offered to the Users through various modes.
C. REGISTERED USERS
  1. The Services are not available to minors under the age of eighteen (18) or to any Users suspended or removed from the PLATE AND PEONIE system by PLATE AND PEONIE for any reason whatsoever. If You are disqualified as per the preceding sentence, You shall not be permitted to avail of the Services or use the Website. You represent that You are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract between PLATE AND PEONIE and Your legal guardian or parent and to the extent permissible under applicable laws, enforceable against the Buyer.
  2. PLATE AND PEONIE reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
  3. You shall not have more than one active Account (defined hereunder) on the Website. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another person.
  4. Wherever the User is asked to provide information in connection with the website, the User agrees to provide true, accurate, current and complete information when registering, as registration indicates acceptance of this Terms of Use. The User is not obliged to provide the Site with any optional information requested. PLATE AND PEONIE reserves the right to refuse use of the system and services to anyone at any time for any reason without notice.
D. WORKING OF THE SITE
  1. As a user of the Site you may perform various actions including:
  • Browsing
  • Purchasing
  • Commenting
  • Reviewing
  • Rating
  • Sharing
E. USER RESPONSIBILITIES
  1. You may access and use the Website and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.
  2. Registered users: PLATE AND PEONIE makes certain sections of the Services available to You through the Website only if You have provided PLATE AND PEONIE certain required User information and created an account and a PLATE AND PEONIE ID through certain log-in ID and password ("Account"). You can create Your Account on the Website through logging in by Your third party website user ID and password including that of www.facebook.com, websites owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media website or any other Internet service as permitted on the Website (PLATE AND PEONIE ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").
  3. In the event You register as a User by creating an Account in order to avail of the Services provided by the Website, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify PLATE AND PEONIE of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You exit from Your Account at the end of each session. PLATE AND PEONIE cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by PLATE AND PEONIE or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.
  4. You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
  5. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or PLATE AND PEONIE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PLATE AND PEONIE has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website / Services (or any portion thereof).
  6. Guest users: The Website also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and use the Services for the purpose of purchasing goods and placing orders. However, you will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.
  7. Depending upon whether You are a buyer or another user who otherwise wish to use the Website, and the nature of Services You wish to avail from the Website, You may be required to provide certain personal information and PLATE AND PEONIE may collect certain personal information. Your provision of, and PLATE AND PEONIE's collection, storage, use, disclosure and otherwise dealing of such personal information shall be governed by PLATE AND PEONIE's privacy policy, which is available at PRIVACY POLICY ("Privacy Policy").
  8. Subject to compliance with the Agreement(s), PLATE AND PEONIE grants You a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use this Website and the Services provided therein.
  9. You agree to use the Services, Website and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) any applicable law.
  10. You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that Your access on the Website is in accordance with the limitation clause.
  11. You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by PLATE AND PEONIE. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
  12. If you believe that any Content or User Content (as defined herein) or other content available on the Website does not comply with the terms of the Agreement(s) or applicable law, you may report such content in the manner prescribed herein.
  13. The Website may allow you to post certain content, data or information of Your own such as allowing You to rate Products, seller, post your comments, and reviews in relation to Products on specific pages of the Website, as well as submit any suggestions, comments, questions or other information to PLATE AND PEONIE using the Website / Services (collectively referred to "User Content"). You, being the originator of the User Content, are responsible for the User Content that You upload, post, publish, transmit or otherwise make available on the Website. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that PLATE AND PEONIE does not endorse any User Content on the Website and is not responsible or liable for any User Content. PLATE AND PEONIE reserves the right to disable access to the User Content on the Website.
  14. You hereby grant PLATE AND PEONIE a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content. You represent and warrant that You own or otherwise control all of the rights to the User Content that You post or that You otherwise provide on or through the Website; and that, as at the date that the User Content is posted or submitted on the Website: (i) the User Content is accurate; (ii) use of the User Content You supply does not breach these Terms of Use; and (iii) that such User Content is lawful.
  15. When you use the Website and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any information or Content that:
  • belongs to another person and to which the User does not have any right to;
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  • harms minors in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • threatens the unity, integrity, defense, 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 of any other nation;
  • infringes any patent, trademark, copyright or other proprietary rights;
  • contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
  • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
  • attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any PLATE AND PEONIE server, or to any of the Services offered on or through the Website, by hacking, password mining or any other illegitimate means;
  • 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, the Website, or any other customer of PLATE AND PEONIE, including any PLATE AND PEONIE Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
  • disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • use the Website or Content for any purpose that is unlawful or prohibited by the Agreement, or to solicit the performance of any illegal activity or other activity which infringes the rights of PLATE AND PEONIE or other third parties;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • violate any applicable laws or regulations for the time being in force within or outside India;
  • violate the terms of the Agreement.
  1. You agree that You are solely responsible to PLATE AND PEONIE and to any third party for any breach of Your obligations under these Terms of Use or other Agreements and for the consequences (including any loss or damage which PLATE AND PEONIE or its affiliates or its vendors may suffer) for any such breach.
  2. PLATE AND PEONIE does not pre-screen User Content. PLATE AND PEONIE has no obligation to monitor any User Content. However, PLATE AND PEONIE at its discretion and/or in accordance with applicable law may monitor any User Content and may remove any User Content from the Website if PLATE AND PEONIE determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Where PLATE AND PEONIE removes any User Content from the Website, PLATE AND PEONIE will make reasonable efforts to inform the user who had posted such User Content. Such actions do not in any manner negate or dilute PLATE AND PEONIE's position as an intermediary or impose any liability on PLATE AND PEONIE with respect to User Content.
  3. You shall solely be responsible for maintaining the necessary computer / mobile equipment, internet connections and other software and technologies that may be required to access, use and transact on the Website. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
  4. You shall use this Website, and any voucher/coupons purchased through it, for personal, non-commercial use only and shall not re-sell the same to any other person.
  5. You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.
  6. Any purchase of the Products from the Website will be strictly for personal use of the User. The User hereby expressly agrees that any merchandise or Services purchased by the User will not be sold, resold, bartered or in any way used for any commercial purposes or for profit. The User hereby acknowledges that the Products purchased are not transferrable to any third party for profit. Accordingly, PLATE AND PEONIE reserves the right to cancel any orders that classify as 'Bulk Order' as determined by PLATE AND PEONIE as per certain criteria. Any rewards or benefits provided by PLATE AND PEONIE and used by You for placing the 'Bulk Order' will not be refunded. An order can be classified as 'Bulk Order' if it meets certain criteria adopted by PLATE AND PEONIE for the purpose of identifying 'Bulk Order', including but not limited to:
  • Products ordered for commercial resale and not for self-consumption.
  • Multiple orders placed for same product at the same address.
  • Bulk quantity of the same product ordered
  • Invalid address given in order details; or
  • Any malpractice used to place the order.
  1. There may be certain orders that PLATE AND PEONIE is unable to process the order and must cancel. Some situations that may result in PLATE AND PEONIE's inability to process include, without limitation, non- availability of the Website service, force majeure, credit limitations or suspected fraud.
  2. In case buyer purchases multiple Products in one transaction, the Seller(s) may deliver all such Products together. However, this may not always be possible. If buyer purchases multiple Products in a single transaction, then all the Products would be dispatched to a single delivery address provided by buyer at the time of purchase. If buyer wishes to get delivery of the Products to different addresses, then buyer should purchase the Products under separate transactions and provide separate delivery addresses for each transaction, as may be required. Buyer agrees that the delivery of the Products can be made to the person who is present at the shipping address provided by buyer.
  3. In certain cases, where buyer requires certain services in relation to a Product, such as warranty, after-sales or installation services, buyer shall directly contact the manufacturer. However, in the event, buyer contacts PLATE AND PEONIE for the same, PLATE AND PEONIE may inform the manufacturer to provide or facilitate the provision of such services to the buyer. PLATE AND PEONIE is not and shall not be obliged to provide any such additional services. PLATE AND PEONIE's role in relation to facilitating such services shall be limited to facilitating communication between buyer and the manufacturer for the purpose of provision of such additional services.
F. PAYMENTS RELATED INFORMATION
  1. Presently, PLATE AND PEONIE does not levy any fee for browsing the Website or buying the Products on the Website. PLATE AND PEONIE may charge Users certain fees for the use of the Website and Services as a whole, or certain features of the Website / Services. You agree to pay any such fees, as may be applicable to the Services that You use. PLATE AND PEONIE will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website / Services, as well as the amount of fees payable by You for any such use of the Website / Service. You agree that PLATE AND PEONIE may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website / Services after such change in the fees will be considered to be Your acceptance of such changes, and the applicability of these Terms of Use to such changes.
  2. You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details or net banking or UPI account details for availing Services on the Website. You shall not use the credit/debit card or pre-paid payment instrument or net banking details or UPI ID which is not lawfully owned by You, i.e. in any transaction, You must use Your own credit/debit card or pre-paid instrument account or net banking account or UPI ID. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit/debit card details or pre-paid instrument account or net banking details or UPI ID. PLATE AND PEONIE expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card or pre-paid instrument account.
  3. PLATE AND PEONIE may have existing arrangements with its banks, regarding limits on the amounts You can pay in the course of a single transaction. PLATE AND PEONIE will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, PLATE AND PEONIE shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You/cardholder having exceeded the preset limit mutually agreed by PLATE AND PEONIE with its bank from time to time.
  4. For Your making payments for buying the Products on the Website, in addition to the Agreement(s), the terms and conditions of Your bank, applicable financial institution and/or card issuing association may also be applicable to You. Your bank, financial institution or card issuing association may decline or prevent You from making electronic payments for buying the Products on Website and PLATE AND PEONIE does not control the same and shall not be liable for the same.
  5. Payment Facility for Your orders: PLATE AND PEONIE may from time to time contract with third party payment service providers including banks to open nodal bank account under applicable Indian laws, to facilitate the payments. These third-party payment service providers may include third party banking or credit card payment gateways, payment aggregators, pre-paid instruments, cash on delivery or demand draft / pay order on delivery service providers, mobile payment service providers or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment or supporting the same in any manner. PLATE AND PEONIE shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products are delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between PLATE AND PEONIE and Sellers.
G. NO SPAM POLICY
  1. You understand and agree that sending unsolicited email advertisements to PLATE AND PEONIE or email addresses through PLATE AND PEONIE computer systems, is expressly prohibited by this Terms of Use. Any unauthorized use of PLATE AND PEONIE computer systems is a violation of the TERMS OF USE. Such violations shall be seriously taken up by PLATE AND PEONIE and may subject the User and his or her agents to civil and criminal penalties.
H. SECURITY
  1. By signing up or opening an account with the Site, the user authorizes PLATE AND PEONIE to, at any time and from time to time, confirm the user's identity and take steps to validate the transactions the user performs on the Site. To help these security checks, the user agrees to provide PLATE AND PEONIE with identification or other information or documents as PLATE AND PEONIE
  2. User information includes any information provided by the user to PLATE AND PEONIE or other users during the registration, or listing process, in any public message area or through any email feature.
  3. The user is solely responsible for user information, and the Site acts as a passive conduit for online distribution and publication of user information. However, PLATE AND PEONIE reserves the right to take any action with respect to such information it deems necessary or appropriate in its sole discretion if it believes it may create liability for it or may cause it to lose (in whole or in part) the services of its ISPs or other suppliers.
I. THIRD PARTY CONTENT, SITES, AND SERVICES
  1. The PLATE AND PEONIE site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of PLATE AND PEONIE including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. PLATE AND PEONIE makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.
  2. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
  3. You agree that PLATE AND PEONIE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that PLATE AND PEONIE is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release links list, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
J. LIMITATIONS
  1. PLATE AND PEONIE's responsibilities are limited as below:
  • The User agree that PLATE AND PEONIE cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties.
  • The User agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information the User transmit over the Internet. PLATE AND PEONIE is not responsible for invalid destinations, transmission errors, or corruption, interception or security of user data. The User further understands and agrees that PLATE AND PEONIE has no control over third party networks or sites that the User may access in the course of use of the Site, and that delays and disruptions of other network transmissions are completely beyond the control of PLATE AND PEONIE.
  • The Site is intended solely for private and personal use on the user's computer. Any other use or any attempt to use the Site in any way that violates any law, rule or regulation for the time being in force, or for any other commercial or other purposes is strictly prohibited and the User understands and agrees that PLATE AND PEONIE shall not be responsible for the same. The Site is not intended to be available to places or for purposes in which its use is illegal or otherwise prohibited.
  • The User is responsible for researching and complying with any applicable laws, regulations or restrictions on links, or items or services described or offered in links, or manner of link networking in which they participate.
  • User understands and agrees that there are risks of dealing with foreign nationals, underage persons or people acting under false pretense. The user is encouraged to communicate directly with a contact to help evaluate the person.
  • The User understands and agrees that PLATE AND PEONIE is not responsible for the actions other Users takes, before, during, and after posting links in your network, typographical errors, misprints or other typos, loss of merchandise/money, damage or failure of equipment, due to the User's visit to the Site.
  • The User acknowledges that PLATE AND PEONIE shall be the final decision maker of whether the User have violated the Terms Of Use in a manner that results in his suspension or permanent barring from participation in the Site.
K. RIGHT TO CHANGE, MODIFY OR TERMINATE SITE
  1. Without prejudice to any other rights that it may have, PLATE AND PEONIE reserves the right and sole discretion to change, limit, terminate, modify or alter at any time, temporarily or permanently cease to provide the Site or any part thereof to any user or group of users, without prior notice and for any reason or no reason. The User will be deemed to have accepted any modifications, if the User continues to use the website after they have been posted. Such modifications shall become effective immediately upon the posting thereof.
  2. In the event PLATE AND PEONIE terminates this Terms Of Use, the User must immediately stop using the Site. PLATE AND PEONIE shall terminate membership and any of current accounts immediately if the User commits breach of this Terms Of Use or if PLATE AND PEONIE is unable to verify or authenticate any information the User provides to it.
L. INTELLECTUAL PROPERTY RIGHTS
  1. The Site is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of PLATE AND PEONIE.
  2. All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the Site (including but not limited to, related software and including but not limited to any images, graphic, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by PLATE AND PEONIE, its affiliates or suppliers. All title and intellectual property rights in and to the information and content which may be accessed through use of the Site are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
  3. This Terms Of Use does not grant the User any rights to use such content, other than the right to use the Site according to the terms of the Terms Of Use. The User further agrees not to reproduce, duplicate or copy Content from the Site without the express written consent of PLATE AND PEONIE, and agree to abide by any and all copyright notices displayed on the Site. User shall not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site.
M. DISCLAIMER OF WARRANTIES
  1. The user's use of PLATE AND PEONIE is at his own risk. In the event the user has a dispute with one or more users, the user shall release PLATE AND PEONIE (and its agents and employees) from all claims, costs, expenses, liabilities and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of the user's entry onto the site, posting of any links, any misinformation that the user provides to the site, any action that the user takes in violation of any of the rules, terms or conditions of the site, participation in any other activity on or made available to the user through the site, the use of the site's software, or receiving referral fees, or other such incentives from the site or sponsors, or in any way connected with such disputes.
  2. By opening, maintaining and using an account, the user represents and warrants that he is not a resident of any jurisdiction which does not allow the services provided by the site to be offered or used.
  3. PLATE AND PEONIE provides the site on an "as is" and "as available" basis, with all faults, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including but not limited to any implied warranties or conditions of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, non-interference, compatibility of software programs, integration, lack of viruses or other disabling code or condition or those warranties which may arise by course of dealing, or course of trade. Any material downloaded or otherwise through the use of PLATE AND PEONIE is done at the user's own discretion and risk and the user will be solely responsible for any damage to the user's computer system and loss of data that result from the above.
  4. PLATE AND PEONIE does not warrant the security of the site or, information, software, content, and features available, or that it will be uninterrupted, error-free, provided properly or completely, or be available 24 hours per day, 7 days per week.
N. LIMITATION OF LIABILITY
  1. In no event will PLATE AND PEONIE be liable to any party for (i) any special, direct, indirect, punitive, incidental or consequential damages (including, but not limited to, damages for loss of business profits, business interruption, loss of programs or information, and the like) or any other damages arising in any way from or in connection with the availability, use, reliance on, performance of the site, provision of or failure to provide the site, loss of data, the user access or inability to access or use the site or the use and reliance on links, information or content available on or through the site, including viruses alleged to have been obtained, or invasion of privacy from or through the site, even if PLATE AND PEONIE has been advised of the possibility of such damages and regardless of the form of action, whether in contract, tort or otherwise; or (ii) any claim attributable to errors, omissions, or other dysfunction in, or destructive properties of, arising out of or in connection with the use or performance of the site. Some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages. In such states or jurisdictions, PLATE AND PEONIE's liability shall be limited to the maximum extent permitted by law.
O. INDEMNIFICATION
  1. The User agrees to defend, indemnify and hold harmless PLATE AND PEONIE and its officers, directors, employees, agents and suppliers from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of this Terms Of Use by the User (or any parties who use his computer, with or without his permission, to access the Site); (b) the use of the Site or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by the User (or any parties who use the User's computer to access the Site, with or without his permission); (c) negligent acts, errors, or omissions by the User (or any parties who use his computer to access the Site, with or without his permission); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Terms Of Use, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Site or the Internet.
P. DATA MANAGEMENT
  1. The User is solely responsible for obtaining, installing, and maintaining suitable equipment and software, including any necessary system or software upgrades, patches or other fixes, which are or may become necessary to access the Site.
  2. The User is responsible for management of his information, including but not limited to back-up and restoration of data, erasing data from disk space the User control and changing data on his router. The User is also responsible for development and maintenance of any security procedures the User deems appropriate, such as logon security and encryption of data, user ID and password on his router and firewalls, to protect his information.
  3. PLATE AND PEONIE is not responsible for back-up and restoration of user information or for any loss of or disablement of access to such information, including without limitation, email and address book information. In addition, the User agrees that information required by the Site software (including any personalization information) and other identifying information requested by PLATE AND PEONIE or its portal supplier may be placed in the Site's user directory.
Q. MISCELLANEOUS PROVISIONS
  1. If any part of this document is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
  2. By transmitting, uploading, posting or submitting any information or material using the Site Tools, the User (i) represents that such information is not confidential, secret or proprietary information belonging to someone else; and (ii) warrants that no other party has rights to the information and that his transmission, posting, uploading or submission of the information does not violate any copyright or other laws.
  3. The terms of this Terms Of Use apply only to the use of the Site and do not apply to the use of any other websites.
  4. The User and PLATE AND PEONIE agree that the substantive laws of India, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Terms Of Use. The User and PLATE AND PEONIE consent to the exclusive personal jurisdiction of and venue in a court located in India, for any suits or cause of action connected in any way, directly or indirectly, to the subject matter of this Terms Of Use or to the Site. Except as otherwise required by law, including Indian laws relating to consumer transactions, any cause of action or claim the User may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
  5. These Terms of Use, including all Attachments hereto, which are fully incorporated into this Terms Of Use, and also including all policies and notices incorporated into this Terms Of Use by reference, constitutes the entire agreement between the User and PLATE AND PEONIE with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. The User agrees not to assign or otherwise transfer this Terms Of Use in whole or in part; any attempt to do so shall be void.
R. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
  1. Please report any violations of the Terms Of Use, by flagging the posting(s) for review, or by emailing to sayhello@plateandpeonie.com
  2. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for PLATE AND PEONIE to pursue legal action to enforce the Terms Of Use, you will be liable to pay PLATE AND PEONIE the following amounts as liquidated damages, which you accept as reasonable estimates of PLATE AND PEONIE damages for the specified breaches of the Terms Of Use:
·(VIOLATION AND THE CORRESPONDOING LIQUIDATED DAMAGES).
Example: Buyer refuses delivery of product: Rs. 10,000/-
S. FEEDBACK:
  1. We welcome your questions and comments on this document through your mails to sayhello@plateandpeonie.com
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