Welcome to Pretty Loving Thing!!
The portal, Pretty Loving Thing, and the mobile application ‘Pretty Loving Thing’ (“App”) (collectively “Platform”) is managed and operated by “Deemart Merchandise LLP”. Pretty Loving Thing enables the sale and purchase of a diverse range of products listed on the Platform from time to time (“Services”).
1. Use for the Platform (Terms and Conditions)
1.1 Any person who access and/or use the Platform in any manner (referred to as ”you”, “your”), shall be subject to these terms and conditions for use and be bound by the policies formulated by Pretty Loving Thing.
1.2. These terms and conditions will constitute the consent of the user towards terms and conditions. By using the site or the platform the user will confirm the terms and conditions and the user will be legally bound to the same. If the user disagrees the same then, the user may not have full access to the site.
1.3. These Terms supersede all previous terms and conditions communicated to the user by the Pretty Loving Thing, for the use of the Platform, and all rights and liabilities of Pretty Loving Thing with respect to any Services to be provided will be limited to the scope of these Terms.
1.4. This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1.5. In addition to these Terms, you may be required to comply with the terms and conditions of the third parties, whose links are contained/embedded in the Services. It is hereby clarified that Pretty Loving Thing shall not be held liable for any transaction between the User and any such third parties.
To avail of the Services, the user will be needed to register on the Platform. Registration is a one-time method and is free of cost. User may register in one of the subsequent ways:
2.1 By creating a Pretty Loving Thing account: By delivering the relevant data for the creation of a user account on the Platform. Following this, an account with a special username and password will be produced by Pretty Loving Thing for the user.
2.2 By applying a third-party account: you may use the login credentials of the account provided by the User with a Pretty Loving Thing e-integrated third-party (illustratively, Google or Facebook or Instagram), in which case you will also be topic to applicable third-party terms and conditions appropriate to such account.
3. Our Liability
3.1 If We do not deliver or if the Products, we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, our only obligation will be, at our option to:
o Make good any shortage or non-delivery or incorrect delivery; or
o Replace or repair any Products that are damaged or defective; or
o Refund to you the amount paid by you for the Products in question.
3.2. If you discover that your product is faulty after 7 days, we reserve the right to request evidence, such as images of the defect, before issuing any refund of the price and/or any associated delivery charges.
4. User warranties and restriction
4.1 The user may use the Platform for acceptable and lawful purposes only and shall not indulge in any activity that is unlawful or harmful to the Platform or its content. You are provided with a limited license to access and use the Platform, solely for the purpose of availing the Services, subject to these Terms.
5. The user will not:
5.1 Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
5.2 Decompile, reverse engineer or disassemble the content.
5.3 Use the Services in any way that is unlawful, or harms Pretty Loving Thing or any other person or entity, as determined in Pretty Loving Thing’s sole discretion.
5.4 Make false or malicious statements against the Services, the Platform, or Pretty Loving Thing.
5.5 Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the Services;
5.6 Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “grieving” as those terms are commonly understood and used on the internet; or
5.7 Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive, or otherwise violates any law or right of any third-party.
5.8 Do not host, display, upload, modify, publish, transmit, update or share on or through the Platform, any information that:
5.8.1 Belongs to another person and to which they do not have any right.
5.8.2 is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever.
5.8.3 harms minors in any way.
5.8.4 infringes any patent, trademark, copyright, or other proprietary rights.
5.8.5 violates any law for the time being in force.
5.8.6 deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
5.8.7 impersonates or defames another person; or
5.8.8 contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource.
6.1 You are solely responsible for maintaining the confidentiality of your Account Information and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to their account. You are requested to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your Account Information current and accurate.
You agree to
(a) immediately notify Pretty Loving Thing of any unauthorized use of the account or any other security breach, and
(b) ensure that they exit from their account at the end of each session. Pretty Loving Thing will not be liable for any loss or direct or indirect damage arising from the User’s failure to comply with these conditions. You may be held liable for any losses incurred to Pretty Loving Thing or any other user due to unauthorized use of your account, resulting from the failure to keep your Account Information secure and confidential.
6.2 You will not be involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 while accessing or using the Platform.
6.3 You represent and warrant to Pretty Loving Thing that: (a) you are 18 (eighteen) years of age or older; (b) your use of the Platform and/or Services will not violate any applicable law or regulation, and (c) all information that is submitted to Pretty Loving Thing in connection with the Platform and/or Services is true and accurate.
7.1 All information, content, and material contained on the Platform are and continue to be Pretty Loving Thing or relevant third-party intellectual property. Further, all trademarks, services marks, trade names, and trade secrets in relation to the Platform whether displayed on the Platform are proprietary to Pretty Loving Thing or a relevant third party. No information, content, or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted in these Terms.
7.2 The contents of Services, information, text, graphics, images, logos, button icons, software code, interface, design, and the collection, arrangement, and assembly of the content on the Platforms or any of the other Services are the property of Pretty Loving Thing or its affiliates or relevant third party (“Content”) and are protected under copyright, trademark, and other applicable laws. The User shall not modify the Content or reproduce, display, publicly perform, distribute, reverse engineer, or otherwise use the Content in any way for any public or commercial purpose or for personal gain.
7.3 Pretty Loving Thing authorizes you to view and access Content solely for identifying Products, carrying out purchases of Products, and processing returns and refunds, in accordance with the Return and Refund Policy. Pretty Loving Thing, therefore, grants you a limited, revocable license to access and use the Services. This license does not include permission for carrying out any resale of the Products or commercial use of the Content, any collection and use of product listings, description, or prices, and any derivative use of the Platforms or of Content.
7.4 You hereby grant to Pretty Loving Thing a royalty-free, perpetual, irrevocable, non-exclusive right and license to adapt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material, review, feedback, comments, etc., posted by you on the Platform without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim to the contrary overall feedback, comments, ideas or suggestions or any other content provided by them to Pretty Loving Thing through the Platform.
All and any Intellectual Property Rights in correlation with the Products shall be owned by the Pretty Loving Thing absolutely.
The User agrees to indemnify, defend and hold harmless Prettylovingthing.com Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages, and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
10. COMMUNICATION AND UNSUBSCRIPTION
You hereby understand that with your registration onto the Platform, you may receive notifications from Pretty Loving Thing in the form of SMS messages on their registered mobile number or e-mails. These notifications could relate to their registration, transactions that they carry out through the Platform, and/or promotions. Further, Pretty Loving Thing may also send notifications and reminders to them with respect to their activity on the Platform, in relation to the Services. Please note that while Pretty Loving Thing endeavors to provide these notifications and reminders to you, Pretty Loving Thing does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. The User can unsubscribe / opt-out from receiving communications, newsletters, and other notifications from Pretty Loving Thing at any time by following the procedure set forth on the Platform.
11. TERM AND TERMINATION
11.1 These Terms shall be effective from the date of their publication on the Platform.
11.2 Pretty Loving Thing reserves the right to suspend or terminate its Services in the event of a breach of any terms contained in these Terms, misrepresentation of information, any unlawful activity by you, or if Pretty Loving Thing is unable to verify or authenticate any information submitted by you.
11.3 You may terminate the Agreement at any time by discontinuing the use of the Platforms or Services. By terminating the usage or the Agreement you will be obligated to pay for a Product purchased on the Platforms, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
12. FORCE MAJEURE
Pretty Loving Thing will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any because which is beyond Pretty Loving Thing’s reasonable control.
No provision in these Terms will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by Pretty Loving Thing. Any consent by Pretty Loving Thing to, or waiver of a breach by the User, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms and the remainder of these Terms will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.