TERMS AND CONDITIONS


Updated on September 01, 2018

Welcome to the Stitch website available at www.stitchexperiences.in (hereinafter referredto as "Website") and which is owned and operated by Phowhat Celebrations Private Limited

(hereinafter referred to as the "Company"). This Terms and Conditions (hereinafter referred to as "T&C") is a legal agreement between you, the end user (hereinafter referred to as "You”/"Your"/ “End User(s)”) and the Company. By accessing the Website, registering on the Website, availing any services or purchasing any products made available on the

Website or reading any content provided on the Website, you agree to the T&C, the privacypolicy made available on the Website and other guidelines posted on this Website, jointlyreferred to as the ‘Website Policies’. Your use of this Website signifies your acceptance ofthe Website Policies. We reserve the right to modify this T&C from time to time withoutnotice. You understand and agree that You are solely responsible for reviewing the T&Cfrom time to time. If You should object to any term or condition of the T&C, any guideline,or any subsequent changes thereto, please discontinue use of the Website, with immediateeffect.                                                   

Grant of License:

Subject to compliance with the T&C, the Company grants You a personal, non-exclusive,limited license and privilege to access and use this Website. This license does not include any resale or commercial use of this Website or its Content (defined below); any collection and use of any Product listings, descriptions or prices.

Services:

  1. Stitch is an e-commerce platform that sells curated bundles for celebrations such as birthdays, anniversaries and various personal accomplishments, among other things. These products, known as our “bundles”, include but are not limited to food, decor and products, and will be delivered by us to the designated address. The items within the bundles are manufactured by partnering vendors. TheWebsite provides these services (hereinafter referred to as “Services”)
  2. Please note that the Company makes available the Services and Content to Youthrough the Website. Such Services may not require You to provide any AccountInformation (defined below). However, for specific Services, You may be required toprovide certain user information and/or create a login ID and password (collectively,the “Account Information”).
  3. You agree that from time to time the bundles may differ in their contentsbased on season, availability and market changes.
  4. For desserts, food items, flowers, or other items that are perishable in nature, the delivery wouldbe attempted only once. If the delivery is not executed during that attempt due toincorrect or insufficient address, recipient not at home, address found locked orrefusal to accept, the customer shall still be charged for the order.
  5. In case of homemade products, there may be a slight variation fromthe picture/video shown. We shall, however, ensure our best to keep it as close to thephotograph/description as possible.
  6. The product specifications (weight, size, color etc.) mentioned with the productphotos is only approximate. There may, hence, be a variation in the pictures and therespective products. Stitch in its absolute discretion, may deliver a similar/alternateproduct for reasons or exigencies beyond its control.
  7. The product/services provided on this site are without warranties of any kind eitherexpressed or implied and Stitch disclaims all or any of them to the fullest extent. Stitchdoes not warrant that the products/services offered will be error-free, or that thedefects will be corrected, or that this site or the server that makes it available are orwill be free of viruses or other harmful components.
  8. In the event you click on third party websites then, in addition to this T&C, the termsof use of such other websites will also apply. If, at any time, you wish to delete anyparticular User Content uploaded by You from the Website, please send an email tothe Company at contact@stitchexperiences.in, requesting such User Content to bedeleted and providing the specific link where the User Content is located on theWebsite.
  9. You agree that the suspension or termination of Your account will not prohibit theEnd Users from accessing and viewing the User Content uploaded by You, unless thesame is taken down / deleted by the Company. However, You accept andacknowledge that the final decision regarding taking down any Content and/or UserContent shall solely vest with the Company.
  10. You warrant that You are not registering for, and will not access, read, copy orotherwise reproduce, transmit or communicate any portion of the Website or theServicesprovided by them for other purposes, including, but not limited to,establishing another website / service provider, or for any other personal orcommercial purposes. You warrant that You will not copy or otherwise reproduce anyContent, in part or whole thereof on any other website / publication.

Services:

  1. The Company is engaged in the business of providing curated bundles for celebrationssuch as birthdays, anniversaries and various personal accomplishments, among otherthings. These products, known as our “bundles” include but is not limited tofood, decor and products and will be delivered by us to the designated address. Theitems within the bundles are manufactured by partnering vendors (hereinafterreferred to as “Services”).
  2. The Company strives to provide You with accurate Service descriptions and pricinginformation, nevertheless, sometimes pricing or typographical errors may occur. Inthe event that a Service is listed at an incorrect price due to an error in pricing, theCompany reserves the right, at its sole discretion, to refuse or cancel any ordersplaced for that Service. The Company attempts to be accurate in its Servicedescriptions.
  3. Some Services offered by the Company cannot be provided internationally due torestrictions. Orders that are provided to countries outside of the Republic of India maybe subject to import taxes, customs duties and fees levied by the destination country.
  4. Any offers provided for the Services must be read in accordance with this T&C.
  5. There may be certain orders that the Company is unable to accept and must cancel.The Company reserves the right, at the Company’s sole discretion, to refuse or cancelany order for any reason whatsoever. Some situations that may result in Your orderbeing cancelled include, without limitation, non-availability of the Service,inaccuracies or errors in description of service. The Company may alsorequireadditional verifications or information before accepting any order. The Company willcontact You if all or any portion of Your order is cancelled or if additional informationis required to accept Your order.
  6. The Company may not make available at all times or may cancel or temporarilysuspend the Services to You and the Company shall not be liable to You for any losssuffered due to unavailability of the Services.
  7. In case of requests for order cancellations, the Company reserves the right to acceptor reject requests for order cancellations for any reason whatsoever. As part of usualbusiness practice, if the Company receives a cancellation notice and the order has notbeen processed / approved by the Company, the Company may cancel the order andrefund the entire amount to You within a reasonable period. You agree not to disputethe decision made by the Company and accept the Company’s decision as finalregarding the cancellation.
  8. In order to discuss the Service details and the reason for a request to refund orreplace please contact the Company at contact@stichexperiences.in

Terms of Delivery:

  1. If the person you’ve addressed the bundle to is unavailable at the given address orunreachable at the time of delivery or an incorrect address has been shared, we willattempt to communicate with the receiver to ensure delivery. If the receiver is stillunavailable/location is drastically different from the address shared while ordering,then Stitch cannot assure delivery on the same day.
  2. While we always try 100% to ensure deliveries on time, there could be delays due toweather, calamities and other unavoidable reasons that are beyond our control. Insuch cases, your bundle will be delivered at the earliest.

Website Usage:

By agreeing to this T&C, You warrant that You will not post any User Content that isobscene, vulgar, sexually-orientated, hateful, threatening, or otherwise violateany laws. The Company reserves the right to remove or edit any Content or message for any reason whatsoever.

  1. This Website is made available for your personal and non-commercial use only.
  2. You agree not to use, or to encourage or permit others to use, the Website to post:

(a) Sexually explicit materials;

(b) Obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity;

(c) Content that infringes upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right, or that isdeceptive or fraudulent;

(d) Blasphemous religious content;

(e) Politically religious agendas and/or any known associations with hate, criminal and/or terrorist activities;

(f) Make available any material that infringes any intellectual property right or other proprietary right of any party;

(g) Impersonate any person or entity, or falsely state or otherwise misrepresent

Your affiliation with a person or entity;

(h) Use the Website domain name as a pseudonymous return email address;

(i) Access or use the Website in any manner that could damage, disable, overburden or impair the Company’s server or the networks connected to any Company server;

(j) Disrupt or interfere with the security of, or otherwise cause harm to, the

Website, processes, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated orlinked sites;

(k) Access or attempt to access any material that You are not authorized to access;

or

(l) Collect or store data about other users in connection with the prohibitedconduct and activities set forth in this Clause.

  1. You agree that You are solely responsible to the Company for any breach of Yourobligations under the T&C and for the consequences (including any loss or damagewhich the Company or its affiliates or its vendors may suffer) due to any such breach.
  2. In an effort to provide our customers with the most current information, Stitch will,from time to time, make changes in the contents and in the products or experiencesdescribed on this site. Prices and the availability of items are subject to changewithout notice. Any prices used on this site may not be indicative of the actual sellingprices in your area. We reserve the right to limit sales, including the right to prohibitsales to re-sellers.
  3. All worldwide rights, titles, and interests are legally reserved. The contents of ourwebsite and the website as a whole are intended solely for your personal and noncommercialuse. Any use of our website and its content for purposes other thanpersonal and non-commercial use is prohibited without the prior written permissionof Stitch. You cannot reproduce, publish, display, modify, sell, or distribute any of thematerials from Stitch.

Intellectual Property Rights:

  1. Any and all Company Content on the Website, including for example all of the pageheaders, images, illustrations, graphics, text including articles, are subject tointellectual property rights held by the Company. Such Company Content may not becopied for commercial use or distribution, nor may these materials be modified orreposted to other sites. The right to retain, edit, move or delete such User Contentremains at the sole discretion of the Company.
  2. The trademarks, Copyrights, including wordmarks, logos and service marks displayedon the Website (“Intellectual Property”) are the property of the Company or theirvendors or respective third parties. You are not permitted to use the IntellectualProperty without the prior consent of the Company, the vendor or the third party thatmay own the Intellectual Property.
  3. Use of client images

Images of clients shared by our partners/vendors may be used for marketing under theimplied understanding that the clients have voluntarily allowed the photographs/videosto be taken. In case of objections, the images will be removed immediately.

Indemnification:

  1. By accepting this T&C, You agree to indemnify and hold the Company, its officers,directors, shareholders, successors in interest, employees, agents, subsidiaries and itsaffiliates, harmless from any demands, loss, liability, claims or expenses (includingattorneys’ fees), made against the Company by any third party due to, or arising outof, or in connection with, Your use of the Website, Your violation of the T&C, or Yourviolation of any rights of another, including any intellectual property rights or anyclaim in negligence (or any other tort), contract or action under law for loss toyourself, any company that You are employed by or act as an agent for, and/or anyother injury or loss that You may claim to have been caused by using any Servicesprovided under the Website and/or purchasing any Products from the Website.
  2. You release and indemnify the Company from any cost, damage, liability or otherconsequence of any of the actions of the End Users and specifically waive any claimsthat You may have in this behalf under any applicable law. In the event that You havea dispute with one or more End Users, You release the Company (and ourmanagement, agents, staff members and moderators) from claims, demands anddamages (actual and consequential, direct and indirect) of every kind and nature,known and unknown, suspected and unsuspected, disclosed and undisclosed, arisingout of or in any way connected with such disputes.

 

Disclaimer of Warranties:

  1. The Company disclaims any and all responsibility or liability for the accuracy, content,completeness, legality, reliability, operability or availability of information or materialdisplayed on the Website. The Company disclaims any responsibility for the deletion,failure to store or untimely delivery of any information or material. The Companydisclaims any responsibility for any harm resulting from downloading or accessing anyinformation or material on the Internet through the Website.
  2. The website, and all materials, information, services and products are provided "as is,"with no warranties whatsoever. The company expressly disclaims to the fullest extentpermitted by law all express, implied, and statutory warranties, including, withoutlimitation, the warranties of merchantability, fitness for a particular purpose, and noninfringementof proprietary rights. The company disclaims any warranties regardingthe security, reliability, timeliness, and performance of the website. You understandand agree that you download or otherwise obtain material or data through the use ofthe website at your own discretion and risk and that you will be solely responsible forany damages.

 

Limitation of Liability:

  1. Under no circumstances shall the company, its officers, directors, employees, partnersor suppliers be liable to you for any direct, indirect, incidental, consequential, special,exemplary, or punitive damages including those resulting from loss of use, data orprofits, whether or not foreseeable or whether such claim is based on warranty,contract, tort (including negligence), or otherwise, (even if the company has beenadvised of the possibility of such damages). The company shall also not be liable toany third party for any depiction of any automobile, brand, model or the publicationof any details of the automobile manufacturer or any impact of such depiction on thesales of such automobile, brand or model. Such limitation of liability shall applywhether the damages arise from use or misuse of and reliance on the website,services/products advertised through the website, from inability to use the website,or from the interruption, suspension, or termination of the website or end user’saccount (including such damages incurred by third parties). This limitation shall alsoapply, without limitation, to the costs of procurement of substitute goods or services,lost profits, or lost data. Such limitationshall further apply with respect to theperformance or non-performance of the website or any information or merchandisethat appears on, or is linked or related in any way to the website. Such limitation shallapply notwithstanding any failure of essential purpose of any limited remedy and tothe fullest extent permitted by law.
  2. Without limiting the foregoing, under no circumstances shall the Company be heldliable for any delay or failure in performance resulting directly or indirectly from actsof nature, forces, or causes beyond its reasonable control, including, withoutlimitation, Internet failures, computer equipment failures, telecommunicationequipment failures, other equipment failures, electrical power failures, strikes, labour, disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires,floods, storms, explosions, acts of God, war, governmental actions, orders of domesticor foreign courts or tribunals, non-performance of third parties, or loss of orfluctuations in heat, light, or air conditioning.
  3. In case the law prohibits complete exclusion of liability as above, the company’saggregate liability (whether under contract, tort including negligence, warranty orotherwise) and that of its affiliates and suppliers under or in connection with theseterms of use shall be INR 1000/- (Indian rupees one thousand only). This limitation willapply even if the company has been advised of the possibility of such damages andnotwithstanding any failure of essential purpose of any limited remedy.

 

Termination:

You agree that Your access and/or account may be terminated, banned or deleted at any time and for any reason by the Company. You agree to abide by all decisions of the Companyregarding Your use, access and membership on the Website, including restriction, changesor revocation of Your membership. You agree that if Your membership is permanentlyrevoked for any or no reason, You will not make any attempt to re-register or otherwiseobtain access to the Website.

Resolution of Disputes and Governing Law

This T&C will be governed by and construed in accordance with the laws of the Republic of

India. You agree that all claims, differences and disputes arising under or in connection with

or pursuant to the Website, the T&C, any transactions entered into on or through the

Website or the relationship between You and the Company shall be subject to Arbitration.

General:

  1. Any notice provided to the Company pursuant to the T&C should be sent tocontact@stitchexperiences.in
  2. The T&C along with the privacy policy and any additional terms constitutes the entireagreement between the Company and You with respect to Your access to or use ofthe Website and supersedes any prior agreements between You and the Company onsuch subject matter.
  3. You may not assign or otherwise transfer the T&C, or any right granted hereunder,without the Company’s written consent. The Company’s rights under the T&C arefreely transferable by the Company.
  4. Any failure by the Company to enforce or exercise any provision of the T&C, or anyrelated right, shall not constitute a waiver by the Company of that provision or right.
  5. If any portion of this Agreement is deemed unenforceable, that portion shall beenforced to the maximum extent possible and the remaining portions of theAgreement shall be given full effect. The Company’s failure to act in a particularcircumstance does not waive the ability to act with respect to that circumstance orsimilar circumstances.
  6. The Company shall be excused for any failure to perform to the extent that itsperformance is prevented by any reason outside of its control.
  7. No agency, partnership, joint venture, employment or franchise relationship isintended or created by this T&C. The Company may change, remove, or requireregistration or payment to continue use of, any aspect of the Website and Service atany time without further notice to You.
  8. Any expenses (such as hardware, software and Internet access costs) or taxes youincur to access the site shall be your sole responsibility.

 

International Users:

The Website is controlled, operated and administered by the Company from its office in

India. The Company makes no representation that the Website, Services, Products or materials available on the Website are appropriate or available for use at other locationsoutside India, and access to the Website from jurisdictions where the Services are illegal isprohibited. The Company reserves the right to block access to the Website by certaininternational users. If You access the Website from a location outside India, You areresponsible for compliance with all local laws.

 

Feedback and information:

Any feedback You provide to this Website shall be deemed to be non-confidential. TheCompany shall be free to use such information on an unrestricted basis. Further, bysubmitting the feedback, You represent and warrant that (i) Your feedback does not containthe confidential or proprietary information of You or of third parties; (ii) the Company is notunder any obligation of confidentiality, express or implied, with respect to the feedback; (iii)the Company may have something similar to the feedback already under consideration or indevelopment; and (iv) You are not entitled to any compensation or reimbursement of anykind from the Company for the feedback under any circumstances.

 

Copyright © 2018 Phowhat Celebrations Private Limited

All rights reserved