Terms and Conditions

Welcome to the bestgift.in website (also referred as "Site").

This Site is provided by Vijaya Ecommerce Pvt. Ltd (also referred as "bestgift").

Bestgift provides its services to you subject to the following conditions. Before you may use the Site, you must read and accept all of the terms and conditions in this Terms of Use ("TOU") and the linked Privacy Policy. We strongly recommend that, as you read this TOU, you also access and read the linked information, since it is incorporated into and hereby made part of this TOU. This TOU is effective upon acceptance. Use of any functionality of the Site constitutes acceptance of this TOU. If this TOU conflicts with any other documents, the TOU will control for the purposes of usage of the Site. You may only use certain portions of the Site if you are bestgift.in registered buyer or seller. If you do not agree to be bound by this TOU and the Privacy Policy , you may not use the Site in any way. By using this Site or by placing any purchase orders using the Site, you agree to abide by the terms and conditions set forth herein. Only upon acceptance of the terms contained herein, you will be entitled to submit electronic orders.

Usage eligibility

This Site may only be used or accessed by such persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including minors (anybody of age less than 18), persons of unsound mind, undischarged insolvents and any users suspended or removed from the system by bestgift for any reason are not eligible to use the Site.

Electronic communication

When you use the Site or send emails to bestgift, you are communicating with bestgift electronically. You consent to receive communications from bestgift electronically. bestgift will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Account terms

By registering with the Site you can access or view the prices, product inventories, and submit purchase orders electronically. You are responsible for using the Site in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time without notice. Website provided emails and posts.

The Site may provide users with the ability to send emails (email-messages) or post in social networking sites like (Facebook, Twitter, Google+, Pinterest, etc.,) to other users and non-users and to post messages on the Site. bestgift under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. However, bestgift may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. Acceptable use

By visiting our Site and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of use, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

We may provide various open communication tools on our Site, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our Site, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that: Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;

Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;

Contains any type of unauthorized or unsolicited advertising;

Impersonates any person or entity, including any bestgift, employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this terms of use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us. We do not assume any liability for any content posted by you or any other 3rd party users of our Site. However, any content posted by you using any open communication tools on our Site, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of bestgift, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. You agree to indemnify and hold harmless to bestgift and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this terms of use or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this terms of use. In such event, you shall provide us with such cooperation as is reasonably requested by us. Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Advertisements or solicitations of any kind. Impersonate others or provide any kind of false information. Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.

Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.

This prohibition includes but is not limited to Using Site invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; Using Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and Sending messages to distribution lists, newsgroup aliases, or group aliases.

Modification of these Terms and Conditions

bestgift reserves the right to, from time to time and at its own discretion, change, modify, add to or remove from portions or the whole of the terms of use. Changes to the terms of use will become effective upon such changes being posted to the Site. It is thus the user's obligation to at all times, check the terms of use on the Site for changes or updates.

The user's continued use of the Site following the posting of changes or updates will be considered notice of the user's acceptance to abide by and bound by the terms of use, including such changes or updates.

Fees/Charges

We view protection of Your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of Our most important assets. We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Payment

The User shall pay the Sale Price only through the available methods of payment on the Site for the Sale conducted on the Site. If the User pays the Sale Price through Payment on Billing, the Sale will be considered complete when the Sale Price is credited to the Company's account. For Payment on Billing, the delivery of the Products to the User shall be deemed complete only after the Company receives the Sale Price. Currently we are not offering Payment on Delivery service to the User's. The User acknowledges and accepts that the User has specifically authorized the Company to collect, process, facilitate and remit payments and/ or the Sale Price by any of the Prescribed Method of payment in respect of the Sale. Delivery of products.

Delivery

The bestgift shall deliver the Products on such address as provided by the User at the time of Sale. bestgift always strive to deliver the products ordered by the User at the earliest i.e., within the specified time. bestgift shall endeavor but not guarantee to deliver the Products to the User within the estimated time of delivery specified for each Product from the Sale depending upon the address of the User. Delivery time is subject to delivery of Products from the third party vendor to bestgift. Delivery may also be delayed by external factors such as transporter's strike. If delivery is delayed by such third party delays or external factor, the delivery to the User shall be delayed as well, in which case the User agrees to not raise any Dispute against the Company.

The delivery of the products/items ordered will be attempted only ONCE at the address as provided in the order received by bestgift. In the event the delivery is not executed due to any reason whatsoever, the customer shall still be charged for the order and no redelivery or refund will be made. The order will be deemed executed.

Communication

By accepting the terms and conditions the customer accepts that bestgift may send the order alerts and introduction to new service messages to the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer. The customer acknowledges that the alerts will be received only if the mobile phone is in ‘On’ mode to receive the SMS. If the mobile phone is in ‘Off’’ mode then the customer may not get / get after delay any alerts sent during such period.

bestgift will make best efforts to provide the service and it shall be deemed that the customer shall have received the information sent from bestgift as an alert on the mobile phone number provided during the course of placing an order and bestgift shall not be under any obligation to confirm the authenticity of the person(s) receiving the alert. The customer cannot hold bestgift liable for non-availability of the service in any manner whatsoever.

The customer acknowledges that the SMS service provided by bestgift is an additional facility provided for the customer’s convenience and that it may be susceptible to error, omission and/ or inaccuracy. In the event the customer observes any error in the information provided in the alert, bestgift shall be immediately informed about the same by the customer and bestgift will make best possible efforts to rectify the error as early as possible. The customer shall not hold bestgift liable for any loss, damages, claim, expense including legal cost that may be incurred/ suffered by the customer on account of the SMS facility.

The customer acknowledges that the clarity, readability, accuracy, and promptness of providing the service depend on many factors including the infrastructure, connectivity of the service provider. bestgift shall not be responsible for any non-delivery, delayed delivery or distortion of the alert in any way whatsoever.

The customer agrees to indemnify and hold harmless bestgift and the SMS service provider including its officials from any damages, claims, demands, proceedings, loss, cost, charges and expenses whatsoever including legal charges and attorney fees which bestgift and the SMS service provider may at any time incur, sustain, suffer or be put to as a consequence of or arising out of (i) misuse, improper or fraudulent information provided by the customer, (ii) the customer providing incorrect number or providing a number that belongs to that of an unrelated third party, and/or (iii) the customer receiving any message relating to the order number, gift information, order confirmation, modification to an order, cancellation of order, change in delivery schedule, delay, and/or rescheduling or promotional messages about new services from bestgift and/or the SMS service provider.

By accepting the terms and conditions the customer acknowledges and agrees that bestgift may call the mobile phone number provided by the customer while registering for the service or to any such number replaced and informed by the customer, for the purpose of collecting feedback from the customer regarding their order.

Limitation of Warranties.

By using our Site, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:

The use of our Resources will meet your needs or requirements

The use of our Resources will be uninterrupted, timely, secure or free from errors.

The information obtained by using our Resources will be accurate or reliable, and

Any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

The listing of Products on the Site is for a limited time only. The User understands that a listing may end if another User buys the Product, or the Company chooses to end the same or if the listing expires after a stipulated period of time. Upon such expiry of the listing of the Product, the Company is under no obligation to provide the Product for Sale to the User.

Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.

No information or advice, whether expressed, implied, oral or written, obtained by you from bestgift or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this terms of use.

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. bestgift will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on the Site, including but not limited to text, graphics, Site name, code, images and logos are the intellectual property of bestgift, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by bestgift.

Third Party Links

For your convenience Site may provide, links to third party websites operated by other entities on the Site. If you use such third party websites, you will leave this Site. If you decide to visit any linked third party website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. bestgift does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that bestgift sponsors, endorses, is affiliated or associated with any linked third party websites.

Applicable Law

By visiting the Site, you agree that the laws of the state of Telangana, without regard to principals of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and bestgift.

Dispute Resolution

In case of any grievance, objection or complaint (Dispute) on the user's part with respect to the site, or any part thereof including the Products, the third party vendors, other users and the company, including any complaints or enquiry about suspension, termination or blocking of the user account or right to use the Site, the user should promptly raise such dispute with the Company at support@bestgift.in and provide the company with all necessary information and/or documents to enable the company to resolve the Dispute.

The name and contact details of the grievance officer at the company is published on the Site as required under the provisions of the Information Technology Act, 2000 and the rules made thereunder.

Name: Puja K

Contact: puja@bestgift.in

Upon receipt of such dispute from the user, the company shall correspond with the user, as appropriate and initiate such dispute resolution mechanism with the user, as considered appropriate by the company.

If required by the company, the dispute shall be exclusively referred to the courts in India.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our Site and Resources with or without notice and for any reason, including, without limitation, breach of this terms of use. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT bestgift AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF bestgift HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.

Effective Date of This Terms and Conditions

Terms and Conditions are effective as of October 15, 2014.

Happy Gifting - team bestgift


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