In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
(a) The domain name www.peercloche.com (hereinafter referred to as “the Website”) and the brand name Peer Cloche is owned by Purple Peer Enterprise Pvt. Ltd. (hereinafter referred to as the “Company”), a Private Limited Company incorporated under the Companies Act 1956/ Companies Act 2013 having its registered address at 1302, 1-A, DHEERAJ ENCLAVE TOWER CHS LTD,CTS.169, OPP. BHOR IND.,DHEERAJ ENCLAVE COMPLEX,BORIVALI(E) MUMBAI MUMBAI CITY MH 400066 IN .
(c) 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. The use of this Website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to be bound by all of the policies.
WHAT WE DO?
At Peer Cloche, we serve trendy kid-friendly food, styled to bring alive your child’s party theme and offer other services that include customized cakes, beverages and children party needs.
We accept orders minimum three days in advance which is paid in full, The order is prepared fresh and delivered at the shipping address provided by the User. Any order placed by you is subject to product availability, delivery capacity and acceptance by Peer Cloche and it’s affiliates.
Use of this Website is only available to those above the age of 18, barring those “Incompetent to Contract” which inter alia include insolvents, as described in the Indian Contract Act, 1872. If You are a minor and wish to use the Website, You may do so through Your legal guardian and the Website reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Application or availing of any of its services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve
(i) transmissions over various networks; and
(ii) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the service is provided, without expressly written permission by us.
By creating an account with Peer Cloche, you agree that the the brand may send you informational texts (SMS) as part of the normal business operation with regards to your use of the services. You may opt-out of receiving text (SMS) messages from Peer Cloche at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the services.
The membership of this website is free of cost and this includes the browsing of the site. However, charges shall be applicable on the services rendered by us through our site, including without limitation the food items being made available through the Site.
5. USER OBLIGATIONS
You are a restricted user of this website.
5.1 You are bound not to Cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the website. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Website is not permitted.
5.2 You agree not to access (or attempt to access) the Website and/or the materials or Services by any means other than through the interface that is provided by the website. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website is specifically banned. You acknowledge and agree that by accessing or using the Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Website. Further, You may report such allegedly offensive content.
5.3 In places where this website allows you to post or upload data/information,You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
b) Engage in any activity that interferes with or disrupts access to the Website or the Services (or the servers and networks which are connected to the Website);
c) Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
e) Post any file that infringes the copyright, patent or trademark of other legal entities.
f) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
g) Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of the website, including any website Account not owned by You, to its source; or exploit the Website or Service or information made available or offered by or through the Website, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
h) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
i) Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
k) Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
l) Violate any applicable laws or regulations for the time being in force within or outside India;
n) Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
6. PRODUCTS AND SERVICES
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to Our Return Policy. 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 Our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 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.
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.
8. PAYMENT TERMS
You understand that the contract is a bipartite contract between you and Peer Cloche using the Payment Facility, and You shall pay the Transaction Price through Your Issuing Bank to the Company using Payment Facility as provided on the Peer Cloche Website.
8.1 As a user you agree to pay in full and in advance for all the orders placed on the Peer Cloche website.
8.2 Orders will be processed only after the payment is received in full.
8.3 User can make use of valid Debit / Credit card and Net banking to pay through the payment facility provided on the Peer Cloche Website.
8.4 Peer Cloche does not take the responsibility and cannot be held liable for non-processment of any payment. The responsibilty lies with the User and his issuing bank through which the user tries to make the payment.
a) As a service We may provide You with access to third-party tools which are different payment gateways over which We neither monitor nor have any control nor input. You acknowledge and agree that We provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.
b) We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by You of optional tools offered through the site is entirely at your own risk and discretion and You should ensure that You are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Website/App (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
8.5. Peer Cloche does not encourage or provide Cash on Delivery , Cheque or Over draft facility to make any payments.
8.6 Peer Cloche does not encourage cancellation of orders once processed and paid for. Still the user can opt to do so or modify the order on the website in advance. By doing so the user agrees to pay the cancellation charges as applicable basis the days / time left for delivery. For detail understanding on cancellation charges User may refer to ‘Ordering, Cancellation and Refund Policy’.
9. ACCURACY OF BILLING AND ACCOUNTING INFORMATION
We reserve the right to refuse any order You place with Us. We may, at Our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same debit/credit card, and/or orders that use the same billing and/or shipping address. In the event that We make a change to or cancel an order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made on Our Website.
10. THIRD PARTY INFORMATION
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), apart from the ones owned by Us, is a third party user generated content and We have no control over such third party user generated content.
Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Website or other medium for publication or distribution or for any commercial enterprise, without Our express prior written consent is not allowed.
11. DATA PROVIDED BY US
11.1 From time to time, Our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, re producing, publishing, changing, editing such articles. In case that you have a problem with any article so posted, you may report the same via mail to email@example.com and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.
11.2 We take utmost care to ensure that data provided at our Website is true and accurate. Sometimes, system errors creep in and data generated by other Users may be false. We are not responsible for any such data.
11.3 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.
11.4 We are not in any way liable to You, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.
11.5 From time to time, our Website will have external links connected to other websites. We in no way endorse these websites. We are in no way liable for the information found on those websites. External websites may have their own policies and we are in no way responsible for any loss or damage caused by the same to you. You are advised to use your own discretion in the navigation and use of external sites.
12. INDEMNIFICATION AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE PEER CLOCHE OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS PROVIDED BY THIS WEBSITE IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PEER CLOCHE MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, OR IN A TIMELY MANNER;
(II) ANY ERRORS OR DEFECTS IN THE WEBSITE, SERVICES OR OTHER MATERIALS WILL BE CORRECTED;
(III) THE FOOD OFFERED THROUGH THE WEBSITE SHALL FIT THEIR IMAGES PROVIDED ON THE WEBSITE, SHALL MATCH THE DESCRIPTION ON THE WEBSITE OR BE FIT FOR CONSUMPTION.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. PEER CLOCHE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
14. COMPLIANCE WITH LAWS:
Your use of the Website shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
15. DISPUTE RESOLUTION
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Mumbai, and You hereby submit to the personal jurisdiction of such courts.
16. CONTACT US
If You have any questions regarding the Agreement, the practices of Peer Cloche or any complaints with the service, you can e-mail us at firstname.lastname@example.org
B. Definition of business:
We will also amend the definition of Business in the agreement by including the terms highlighted below to ensure consistency.
“Business of designing, manufacturing, aggregating, selling and distributing/ catering chef crafted meals and food products, and excludes retail trading activity of any kind.”