Terms of Service

 

This Website is operated by Pixie Dust, Mumbai. Throughout the site, the terms “we”, “us” and “our” refer to Pixie Dust, Mumbai. Pixie Dust offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Our Website is hosted on a third party provider. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. User Agreement

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. Privacy Policy

We recognize the significance of safeguarding your personal information, thus, we have implemented a Privacy Policy to ensure its adequate protection. In addition to these Terms, the Website’s Privacy Policy governs your use, browsing, and access to our Website, forming an integral part of these Terms. Your ongoing use of the Website indicates your acknowledgment and acceptance of the Privacy Policy, committing you to its terms. By using the Website, you grant consent to the Company’s utilization of your personal information in line with the Privacy Policy, which may be subject to periodic amendments at the sole discretion of the Company.

3. Products Or Services

We strive to accurately display information on the product colors, images, features, and details of the products available on the Website. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors. We cannot guarantee that your electronic display may accurately reflect the actual colors and images of the products. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. We reserve the right to discontinue any products at any time for any reason. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

4. Modification to Services and Prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

5. Order Processing and Payment

To initiate an order, users are advised to browse the array of products showcased on the Website and select their items for purchase. Following the selection process, customers will be directed to engage with our team via WhatsApp or Email to facilitate order processing. Payment for all orders will be conducted exclusively through communication channels such as WhatsApp, Email, or Phone call with our dedicated team. Various online payment methods are accepted, and the specifics will be conveyed to customers during the order processing. When placing an order, you explicitly agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

Please note that we reserve the right to refuse any order you place with us.  We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

6. Refunds

Refunds are subject to our refund policy, which will be communicated to you  either upon request or during the order processing.

7. Third Party Websites and Content

The Website may include links to other websites, apps, products or services (“Third-Party Websites”) and feature content originating from third parties (“Third-Party Content”). We do not actively assess the accuracy, appropriateness, or completeness of Third-Party Websites and Third-Party Content. We disclaim responsibility for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Website, including aspects such as content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies.

The inclusion, linking, or permission for the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Services and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, understanding that these Legal Terms no longer apply. It is your responsibility to review the relevant terms, policies, including privacy practices, of any website you visit or applications you use or install from the Services.

8. Reviews and Other Submissions

Within the Services, we offer designated areas for you to submit reviews or ratings. When contributing a review, adherence to the following criteria is mandatory: 

  • Firsthand experience with the subject being reviewed
  • Exclusion of offensive, profane, abusive, racist, or hateful language
  • Avoidance of discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability
  • Absence of references to illegal activity
  • No affiliation with competitors when posting negative reviews; 
  • Refraining from making legal conclusions
  • Exclusion of false or misleading statement
  • Abstain from organizing campaigns encouraging others to post reviews, whether positive or negative

We retain the sole discretion to accept, reject, or remove reviews. There is no obligation on our part to screen or delete reviews, even if objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily reflect our opinions or those of our affiliates or partners. We disclaim liability for any review submitted by you or any third-party and any resulting claims, liabilities, or losses. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the review.

9. Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

10. Intellectual Property Rights

The intellectual property rights concerning all designs, graphics, text, and other content showcased on this Website are the exclusive possession of Pixie Dust, safeguarded by copyright laws and international treaties.

  • Use and Ownership

Customers are provided with a restricted license to utilize the designs and content solely for personal purposes. Any commercial utilization, reproduction, distribution, or alteration of the designs without explicit authorization from Pixie Dust is strictly prohibited. Additionally, it is imperative to recognize that all designs exhibited on this platform remain the sole property of Pixie Dust; purchasers do not acquire any ownership rights to the designs through purchase or utilization. Furthermore, customers are not permitted to modify, alter, or adapt the designs without explicit consent from Pixie Dust.

  • Enforcement 

Pixie Dust reserves the right to take legal action against any individual or entity found infringing upon our intellectual property rights. 

11. Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

12. Limitation Of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Pixie Dust, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend and hold harmless Pixie Dust and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

14. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

15. Governing Law

The Legal Terms and your use of the Services are governed and construed in accordance with the laws of the Republic of India.

16. Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

17. Contact Us

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e‑mail at hello@pixiedust.in.