TERMS OF USE

PIXIE DUST, a partnershipfirm, having registered office at B 40 Baba Nagar, St Peters Road, off Hill Road, Bandra 400050(referred to herein as "Pixie Dust", "we", "our" or "us"). Pixie Dust is a web based platform which offers curated and specially designed products through its website http://pixiedust.in/(or any successor site)("Website").

These terms and conditions of use ("Terms of Use") is a binding agreement between you and Pixie Dust. By accessing, using and/or registering on our Website, you understand and agree to be boundbytheseTerms ofUse. The Terms of Use and the Privacy Policy (as defined hereinafter) shall be collectively referred to as "Pixie Dust Policies", including any modifications or amendments made thereto by Pixie Dust, at its sole discretion, from time to time. Ifyoudonotagreetothese Pixie Dust Policies,youare notauthorizedto access or useourWebsite.

The words "you" or "your" or "User" as used herein, refer to all individuals and/or entities browsing, accessing or using the Website for any reason.

BY ACCESSING OR USING THE WEBSITE, YOU: (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE; (II) REPRESENT THAT AND (III) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY IT. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS, BROWSE OR USE THE WEBSITE.

 

  1. LICENSE TO USE WEBSITE
  • We grant you a limited license to access and make personal use of Website, but not to modify it, or any portion of it, except with our written consent. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another user, or any use of data mining, robots or similar data gathering and extraction tools.
  • Website or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without our express written consent.

 

2.                  ELIGIBILITY

You must be 18 (eighteen) years or older and capable of entering into a legally binding agreement (as per the Indian Contract Act, 1872) in order to use the Website. If you are under 18 (eighteen) years of age, you may use this Website only with the consent and involvement of a parent or guardian.

 

  1. TERMS OF SERVICES
  • Provision of Information: In order to use Website and avail the services, you might be required to provide certain information. The information will not be used for any other purpose except with your prior consent. You must read, agree with and accept all of the terms and conditions contained in these Terms of Use, including the Privacy Policy. You will be responsible for maintaining confidentiality of your account, passwordand restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account andpassword.
  • Prohibited Uses: You shall not use the Website for any illegal, unlawful, unauthorized or prohibited purposes ("Prohibited Uses") nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). You will comply with all applicable laws, rules and regulations in your use of the Website. In the event you use Website for any Prohibited Uses, we reserve the right to immediately and without notice, suspend/delete your account and ban you from accessing Website in future.
  • We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Pixie Dust’s best interests to do so. You are solely responsible for all contents that you upload, post, email or otherwise transmit via the Website. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

 

  1. CANCELLATIONS, REFUNDS AND RETURNS
  • Return Policy
  • Products purchased from Pixie Dust are eligible for return only if, the product you have received is damaged or defective and we have been informed of the same in writing within 24 hours of delivery. Such written intimation must be supported by photographic evidence of the damage or defect.
  • Return request made outside the specified time frame i.e., 24 hours after delivery of the product, are not eligible for return.
  • To be eligible for full return, the item must be unused and in the same condition you received it. The item must be in the original packaging and needs to have the receipt or proof of purchase.
  • The customer will receive the refund for the shipping charges also, if the return is a result of our error.
  • “Customized products” once sold will not be returned or exchanged for any reason whatsoever.
  • Customers are requested to accept the conditions placed by us before proceeding with the return.

 

Refund Policy

In the event we accept the return of a product as stated in Paragraph 4.2 above, refund for the same will be done subject to the following  conditions:

  • Pixie Dust charges the customer for the delivery and processing charges incurred upon for the fulfilment of the order.
  • If you paid via a prepayment mode (credit card, debit card or net banking or other legal electronic payment mode), then your entire order amount will be refunded.
  • Time needed for Refund: ; once the return/cancellation request is processed.
  • The customer will be informed via e-mail about the refund once we have received and processed the returned item.
  • Items can only be returned if they are in the original condition.
  • Order that has been placed cannot be cancelled.

 

  1. PRICE AND AVAILABILITY OF PRODUCTS 
  • Without limiting the generality of Paragraph4(Cancellations, Refunds and Returns), if a product/ service is listed at an incorrect price or with incorrect information due to any technical error, Pixie Dust shall have the right, at its sole discretion either to contact you for instructions or cancel your order and notify you of such cancellation, unless the product has already been shipped.
  • Prices and availability of the products and service provided or offered on the Website are subject to change without prior notice and at the sole discretion of Pixie Dust and Pixie Dust may revise and cease to make available any product/service at any time.

 

  1. TESTIMONIALS

 

  • You hereby acknowledge that Pixie Dust has the right, but not the obligation, in its sole discretion to refuse to post or to remove any testimonials and further reserves the right to condense or delete any User testimonials.

 

  1. TERMINATION
  • These Terms of Use are effective unless and until terminated by either you or Pixie Dust.
  • You agree that Pixie Dust, in its sole discretion, for any or no reason, and without penalty or notice, may suspend or terminate your account (or any part thereof) or your use of the Website at any time.
  • You agree that any termination of your access to the Website or any account you may have or portion thereof may be without prior notice, and you agree that Pixie Dust will not be liable to you any such termination.
  • Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies that Pixie Dust may have at law or in equity.
  • Upon termination for any reason of the Terms of Use by either you or Pixie Dust, you must promptly destroy all materials downloaded or otherwise obtained from this Website, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of these Terms of Use shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under these Terms of Use.

 

  1. INDEMNIFICATION

You agree to defend indemnify and hold Pixie Dust and its affiliates, contractors, employees, officers, directors, agents and third party partners harmless from any and all claims, losses, damages, liabilities, costs and expenses, including without limitation, legal fees and expenses, caused by or arising out of claimsbasedupon your actions or inactions or
related to your use or misuse of the Website, any violation of these Terms of Use or any of the covenants made by you herein, which may result in any loss or liability to Pixie Dust or any third party.

 

  1. DISCLAIMER OR WARRANTY AND LIMITATION OF LIABILITY
  • The Website is presented “as is” and “as available” basis without any warranty or condition, express, implied or statutory. Neither we nor our affiliates, partners, directors, employers, agents, licensors or suppliers make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or this Website or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable.
  • You agree that in no event will Pixie Dust or its affiliates, directors, employees, agents, licensors, partners, suppliers be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to:
  • these Terms of Use;
  • the Website;
  • your use or inability to use the Website; and/or
  • any other interactions with Pixie Dust;

howsoever caused and whether arising in contract, tort including negligence, warranty or otherwise, exceed the amount paid by you, if any, for using the portion of the services or Website.

  • In no event will Pixie Dust or any of its contractors, directors, employees, agents, third party partners, licensors or suppliers be liable to you for any losses, damage, liabilities, and causes of action arising out of any act, omission or negligence to which you contributed.
  • Pixie Dust does not warrant that the access or usage of the Website will be uninterrupted, timely, secure, or error-free.
  • Pixie Dust does not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.
  • You agree that no claims or action arising out of, or related to, the use of the Website or these Terms of Use may be brought by you more than 1 (one) year after the cause of action relating to such claim or action arose. If you have a dispute with us or are dissatisfied with the Website, termination of your use of the Website is your sole remedy. We have no other obligation, liability, or responsibility to you.

 

  1. INTELLECTUAL PROPERTY RIGHTS

All material and content on the Website, including images, products, illustrations, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software, is our property, or the property of our affiliates or content suppliers, and is protected by Indian and international intellectual property law, including copyright, authors’ rights, database rights laws, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. The compilation of all content on Website is our exclusive property, and is protected by laws of India and international copyright and database right laws. All software used on Website is also our exclusive property, or the property of our affiliates or software suppliers, and is protected by Indian and international copyright, authors’ rights law and other intellectual property rights. You hereby agree to not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail or other electronic means whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other web site or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

 

  1. GOVERNING LAW AND JURISDICITON

These Terms are governed by and construed in accordance with the laws of India. You agree to submit to the exclusive jurisdiction of courts in Mumbai, India.

 

  1. MODIFICATION

Pixie Dust reserves the right, at its sole discretion, to modify or replace any of these Terms of Use at any time by posting a notice on the Website. We would recommend that you regularly read the notices posted on the Website from time to time so that you stay informed as to any such changes. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Pixie Dust posting the same thereof. Your continued use of the Website following the modifications to the Terms of Use and policies constitutes your acceptance of the modified Terms of Use whether or not you have read them and shall be binding on you. For this reason, you are advised to frequently review these Terms of Use and other policies.

 

  1. CHANGES TO WEBSITE

In order to optimize and improve your experience, we may update the Website from time to time, and may change the content, display or form at any time without prior notice. We do not guarantee that the Website, or any content provided or displayed on it, will be free from errors or omissions. Further, we are under no obligation to update the Website or any of the content provided on it.

 

  1. DATA PROTECTION AND PRIVACY

You agree that we shall have the right to collect and/or use or analyse your personal data or sensitive personal data as set forth in the Privacy Policy. We only use your information as described in the Privacy Policy.