Terms Of Use
Welcome to We The Pawple!
1. General:
This Website (“wethepawple.com“) is owned and operated by Epifanya & Co. (hereinafter referred to as “Owner” or “Firm”), having its Registered Office at 287/602, Rosewood Park CHS, Sher-E-Punjab Society, Andheri (East), Mumbai – 400093.
2. Acceptance:
In these Terms, references to “You”, “user”, and “customer”, shall mean the end user accessing the Website, its contents, and using the Services offered through the Website and “we”, “us”, “our”, “Epifanya & Co”, “Epifanya”, “Firm”, “website”, “wethepawple.com” and “We The Pawple” shall mean Epifanya & Co and its affiliates.
Please read the following Terms of Use agreement before using “wethepawple.com” (“website”). Any use of this website is subject to your acceptance of and compliance with the following Terms of Use (“Terms”). The Terms govern your use of the website and the products and services offered therein.
By accessing the website creating an account subscribing to or using any of our services or or purchasing any of our products, you agree that you have read, understood, and are bound by the Terms, regardless of how you subscribe to or use the website or its services. If you do not agree to be bound by the Terms, You are advised not to proceed to access, browse, order, and/or use the services or products made available on the Platform. These Terms and various other policies are binding as per the provisions of the Information Technology (Intermediaries guidelines) Rules, 2011 formulated under the Information Technology Act of 2000.
YOU HEREBY AGREE, UNDERSTAND, AND ACKNOWLEDGE THAT YOU SHALL BE BOUND BY THE CONDITIONS CONTAINED IN THIS TERMS, AND USE AND ACCESS OF THE WEBSITE AND AVAILING SERVICES AND PURCHASING PRODUCTS SHALL BE SUBJECT TO THE TERMS.
3. Modification:
Wethepawple.com reserves the right to, at any time: (i) upgrade, update, change modify, or improve its products and/or services and/or packaging in a manner it may deem fit, and (ii) update, change, amend, modify, add or remove portions of its Terms of Use, in each case which will then apply to you. Such changes, modifications, amendments, and alterations shall be duly notified by wethepawple.com on this website. However, You hereby agree that any changes, updates, amendments, modifications, additions, or deletions made to the Terms by wethepawple.com shall be binding on You.
Wethepawple.com may also alter or remove any product or content from the website without notice. We will notify You through any of the communication modes as mentioned in this Terms in case of any changes or updates to the Terms that we believe may materially impact Your use of the website. Your continued use of the website following the changes or updates will mean that You accept the changes or revisions to the Terms and agree to abide by them. It is Your responsibility to review the Terms frequently for any updates/modifications to the Terms.
4. Eligibility:
This website and/or the Products and/or the Services are available only to Users who can form legally binding contracts under the Indian Contract Act, of 1872 (“Contract Act”). Persons who are “incompetent to contract” within the meaning of the Contract Act including minors, un-discharged insolvents, etc. are not eligible to use the website. By using the website and/or the products and/or the services, You represent and warrant that:
- You are at least Eighteen (18) years of age and are not disqualified from contracting by law;
- You are entering into these Terms out of Your own free will and consent;
- You are an Indian citizen and a legal resident of India; Your use of the website and Services and products availed through it, do not violate any applicable law and regulation of India.
Users may not have more than one account. Maintaining more than one account by a user shall amount to a fraudulent act on the part of the user and attract actions against such users. Additionally, users are prohibited from selling, trading, or otherwise transferring your wethepawple.com account to another party. If you do not qualify, you may not use the Service or the Site.
If a User is below, 18 years of age, it is assumed that he/she is accessing, browsing, and/or using the Website under the supervision of his/her parent or such person who is a legal guardian under the applicable laws of India (“Eligible Person”) and that such Eligible Person has read and agrees to the terms of this Terms on behalf of the User. Should Epifanya be made aware that a User is not of the legal age and is accessing, browsing, and/or using the Website without the supervision of an Eligible Person, Epifanya reserves the right to deactivate such User’s account without further notice.
Epifanya owns no responsibility in any manner over any dispute arising out of transactions by any third party using your account/e-mail provided by you to Epifanya or payments made by your credit/debit card by any third party.
If you register on behalf of a business entity, You represent that You are duly authorized by the business entity to accept the Terms and You have the authority to bind the business entity to the Terms in accordance with the applicable laws.
5. Prohibitions:
Epifanya grants You a limited license to access and make personal use of the website and services.
The following actions will be considered as misuse of the website, and are thus prohibited:
- You are not allowed to reproduce, modify, distribute, display any portion, publish any content, or make any commercial use of any of the information provided in this website.
- You shall not distribute in any form, any information, or other material that exists on the website wethepawple.com.
- You are not allowed to republish, archive, or retain any content on the internet, intranet, extranet, database, archive, or compilation. You are not allowed to use any content for commercial use.
- You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the website, and not to insert any code or product or manipulate the content in any way that affects the user’s experience.
- You are not allowed to use the website in any manner that is illegal or impairs the operation of the website or its availability or usage by others.
- You further agree not to use any data mining, bugs, viruses, worms, trap doors, web crawlers, robots, cancelbots, spiders, Trojan horses, other harmful code of properties, or any data gathering or extraction method in connection with your use of the website.
- You are not allowed to make any use of the website for the benefit of another business.
- You are not allowed to post unsolicited promotional or advertising content.
- Epifanya hereby holds no liability for any sort of damage or harm caused to your software, data, or computer device by downloading content from this website.
6. Product Pricing, Information, Discounts, Schemes and Vouchers
The price of all products, delivery charges, and any other applicable charges are displayed in Indian Rupees (INR). All prices are current at the time of display, but these prices are subject to change without notice.
wethepawple.com has made every effort to display as accurately as possible the colors of our products that appear on the website. Further, wethepawple.com has ensured that the measurements, information, and description for products furnished on the site are best calculated and stated to accuracy and true to their dimensions. However, due to the inherent characteristics of certain materials, actual measurements of individual items might vary slightly.
We may offer you promotional discounts or discount codes that apply to the purchases made on this website. These discounts or discount codes can be applicable on all or certain specified products. Please note that the use of only one discount or discount code is permissible per order. You cannot use a discount code if an order is already placed.
Wethepawple.com may offer limited-period vouchers and promotional codes which can be issued or canceled by Wethepawple.com as part of any campaign or scheme. The terms and duration for these campaigns will be decided by wethepawple.com at the time of the campaign and these should be acceptable to you. Promotional vouchers cannot be redeemed for cash.
As a condition of purchase, the website requires your permission to send you administrative and promotional emails/calls. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. We shall have no responsibility in any manner whatsoever regarding any promotional emails/calls/SMS/MMS sent to you. The offers made in those promotional emails/calls/SMS/MMS shall be subject to change at the sole discretion of Epifanya and Epifanya owes no responsibility to provide you with any information regarding such change.
You are required to create an account to purchase any product from the website so we can provide you with easy access to print your orders and view your past purchases.
7. Taxes:
You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any applicable taxes including but not limited to VAT/CST, service tax, GST, duties and cesses, etc.
8. Errors, Inaccuracies and Omissions
Wethepawple.com strives to provide accurate product and pricing information on this website. Some information on the website may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, transit times, and availability. Wethepawple.com reserves the right to correct any errors, inaccuracies, or omissions and to change or update information without prior notice (including after you have submitted your order).
In the event a product is listed at an incorrect price or with incorrect information due to a typographical error or error in pricing or product information, wethepawple.com may, at its discretion, either contact you for instructions or refuse or cancel any orders placed for the product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, wethepawple.com shall immediately issue credit in the amount of the charge.
In the event of cancellation refund or modification, wethepawple.com will notify you using the e-mail address and/or telephone number provided by you during the time of registration or cancel the order and notify you of such cancellation and/or refund.
9. Contract for Sale of Goods
The parties to the contract are We The Pawple (“the supplier”) and You (“the purchaser”). The terms and conditions of this website constitute the terms and conditions of the contract. By placing an order you confirm that you have read the terms and conditions and accept them.
Payment must be made at the time the products are ordered. When you place an order you will be automatically redirected to the secure payment gateway for you to complete payment. wethepawple.com does not keep a record of your credit card details.
Orders once placed cannot be cancelled. All orders will be executed only after the realization of payment. Please account for 3-7 days for delivery of the order subject to stock availability. Actual delivery timelines will depend on location of delivery. Wethepawple.com will make all reasonable efforts to ensure that your order is delivered on time. In case of extraordinary circumstances where the order cannot be delivered within committed timelines, wethepawple.com will inform you using the e-mail address and/or telephone number provided by you during the time of registration.
wethepawple.com retains the right to accept or deny any offer made. This may be due to the availability of any product, or for any other reason that may affect our ability to supply the products ordered. No contract is formed until we communicate acceptance of your order.
The electronic contract shall have the same legal force and effect as a written contract signed by you.
10. Guarantees and Warranties:
To the extent permitted by law, Wethepawple.com excludes all warranties, representations, and guarantees (whether express, implied, or statutory), and we will not be liable for any damages, losses or expenses, or indirect losses or consequential damages of any kind, suffered or incurred by you in connection with your access to or use of this website or the content on or accessed through it.
This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
11. Privacy
Please review our Privacy Policy, which also governs your visit to Wethepawple.com, to understand our practices. The personal information/data provided to us by you during usage of Wethepawple.com will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
12. Account Information
wethepawple.com may assign you a password and account for identification, to enable you to access and use certain portions of this website. Each time you use a password or identification, you will be deemed to be authorized to access and use the website in a manner consistent with the terms and conditions of this agreement.
Wethepawple.com has no obligation to investigate the authorization or source of any such access or use of the website. You are solely responsible for protecting the security and confidentiality of the password and identification assigned and for restricting access to your computer or mobile, and you agree to accept responsibility for all activities that occur under your account or password.
You will be solely responsible for all access to and use of this site by anyone using this password and identification whether or not such access to and use of this site (including all obligations, communications, and transmissions) is authorized by you.
In case of any unauthorized use of your password or identification or any other breach or threatened breach of this website’s security, You shall immediately notify Wethepawple.com.
Wethepawple.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if wethepawple.com believes that the conduct by the customer violates applicable law or is harmful to the website.
13. Cancellation Policy
- Cancellations by wethepawple.com
wethepawple.com has a right to cancel or refuse the order for any reason ranging from limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems of credit and fraud. We may also require additional verifications or information before accepting any order. We will inform you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your card has been charged, the said amount will be reversed back to your Card.
- Cancellations by You
In case of order cancellation requests, wethepawple.com reserves the right to accept or reject requests for order cancellations for any reason. You can cancel an order upto 24 hours from the time you place the order. As part of usual business practice, if we receive a cancellation notice and the order has not been processed/approved by us, we shall cancel the order and refund the entire amount within 15-20 working days.
wethepawple.com has the full right to decide whether an order has been processed or not. You agree not to dispute the decision made by wethepawple.com and accept the decision of wethepawple.com regarding the cancellation.
14. Frauds
wethepawple.com reserves the right to recover the cost of goods, collection charges, and other expenses that may occur from persons for using the website fraudulently. wethepawple.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the website and any other unlawful acts or omissions in breach of these terms and conditions.
15. Intellectual Property:
Epifanya & Co. owns all the content available on this website, including, the text, names, graphics, logos, and service marks (collectively “trademarks”. wethepawple.com is the exclusive owner of all rights in the compilation, design, and layout of this website.
You may not copy any content from this website without prior written consent from wethepawple.com. Modification, misuse, translation, or creation of derivative work based on website content is prohibited.
16. Disclaimer
You acknowledge and undertake that you are accessing the information, products, and services on the site and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through or with We The Pawple. If you are dissatisfied with the website, any content, or any of these Terms of Use, please contact us using the contact details provided in Clause 18. However, your only legal remedy is to stop using the website.
17. Indemnification
You shall indemnify and hold harmless We The Pawple, its owner, affiliates, subsidiaries, and their respective officers, directors, agents, and employees, from any claim demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
18. Governing Law, Jurisdiction and Dispute Resolution
Epifanya controls and operates this website from its Registered Office in Mumbai. These Terms of Use (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of India.
Any dispute arising under or relating to the terms, contents, your use of the website, or products or services purchased using the website or with wethepawple.com shall solely and to the exclusion of all other courts be subject to the jurisdiction of the appropriate Courts situated in Mumbai, India alone. By using the website, you consent to the jurisdiction and venue of Mumbai courts with respect to any such dispute.
19. Force Majeure
Neither You nor wethepawple.com will be deemed to have any liability whatsoever to the other or any third party for any failure of performance hereunder occasioned by an act of God, force of nature, war or warlike activity, insurrection or civil commotion, labor dispute, transportation delay, governmental regulatory action whether or not with proper authority or other cause similar or dissimilar to the foregoing and beyond its reasonable control, provided the affected party gives prompt notice to the other party.
20. Grievance Redressal
Any complaint or concern with regard to the Services, access, usage, content, comment, or breach of the Terms of Use shall be addressed to the Founder of We The Pawple. The complaint shall be registered through a phone call on the number provided below or by sending an email to the respective email ID as provided below. We The Pawple will endeavor to satisfactorily resolve and address the grievances at the earliest.
Phone number: +91 91525 79251
Email: payal.babbar@wethepawple.com
21. Termination
wethepawple.com reserves the right to terminate the User’s access to the website without any cause or notice. This may result in the forfeiture and destruction of all information associated with the User. In such an event, the Terms of Use shall come to an end. However, the Indemnification, Disclaimer, Governing Law/Jurisdiction, and Dispute Resolution and Privacy Policy shall survive such termination.
22. Entire Agreement
These Terms of Use constitute the complete agreement and set forth the entire understanding of you and wethepawple.com as to the subject matter of this Agreement. If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force, and effect. The headings contained in this Agreement are for the convenience of reference only and shall not affect the meaning and interpretation of this Agreement.
By accepting these Terms of Use, the User agrees to have fully read and understood all the terms and conditions set out hereinabove.
Note: The Agreement is published in accordance with the provisions of Section 3 & Section 3-A of the Information Technology Act, 2000 that require an electronic record to be authenticated with an electronic signature and also in accordance with Rule 3(1) of the Information Technology (Intermediary Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and the user agreement for access-or-usage of the intermediary’s computer resource by any person.