01. The domain name shop.casa-pop.com (hereinafter referred to as "the website") is owned by Pop Store Interiors Private Ltd a company incorporated under the Companies Act, 1956 with its registered office at No 12, Cedar Avenue, DLF Chatterpur Farms, New Delhi - 110074.
02. The Buyers use of the website shall be governed by the following terms and conditions (“Terms of Casa Pop”) as applicable to the Casa Pop website including the applicable policies which are incorporated herein by way of reference. If The Buyer transacts on the website, The Buyer shall be subject to the policies that are applicable to the website for such transaction. By mere use of the Website, the Buyer shall be contracting with Casa Pop Private Limited and these terms and conditions including the policies constitute the Buyer’s binding obligations, with Casa Pop.
03. When The Buyer uses any of the services provided by Casa Pop through the website, the Buyer will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into the Terms of Casa Pop and shall be considered as part and parcel of the Terms of Casa Pop. Casa Pop reserves the right, at their sole discretion, to change, modify, add or remove portions of these Terms of Casa Pop, at any time without any prior written notice to The Buyer. It is The Buyer’s responsibility to review these Terms periodically for updates / changes. The Buyer’s continued use of website following the posting of changes will mean that The Buyer accepts and agrees to the revisions. As long as The Buyer complies with these Terms, Casa Pop will grant The Buyer a personal, non-exclusive, non-transferable, limited privilege to enter and use the website.
05. Use of the website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the website. If the Buyer is a minor i.e. under the age of 18 years, the Buyer shall not register as a user of the Casa Pop website and shall not transact on or use the website.
06. If The Buyer uses the website, The Buyer shall be responsible for maintaining the confidentiality of the Buyer’s Display Name and Password and The Buyer shall be responsible for all activities that occur under the Buyer Display Name and Password. The Buyer agree that if The Buyer provide any information that is untrue, inaccurate, not current or incomplete or Casa Pop have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, Casa Pop shall have the right to indefinitely suspend or terminate or block access of the Buyer’s membership on the Casa website and refuse to provide The Buyer with access to the website.
07. When The Buyer uses the website or send emails or other data, information or communication to Casa Pop, The Buyer agrees and understands that The Buyer is communicating with Casa Pop through electronic records and The Buyer’s consent to receive communications via electronic records from Casa Pop periodically and as and when required. Casa Pop may communicate with the Buyer by email or by such other mode of communication, electronic or otherwise.
08. The Buyer agrees, undertakes and confirms that The Buyer’s use of the website shall be strictly governed by the following binding principles:
01. The Buyer shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which The Buyer does not have any right to;
- 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;
- is misleading in any way;
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person;
- tries to gain unauthorized access or exceeds the scope of authorized access to the website or to profiles, solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- engages in commercial activities and/or sales without Casa Pop’s prior written consent
- solicits gambling or engages in any gambling activity which Casa Pop, in its sole discretion, believes is or could be construed as being illegal;
- interferes with another user’s use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan Horses, Worms, Time Bombs, Cancelbots, Easter Eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
(aa) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(ab) shall not create liability for Casa Pop or cause Casa Pop to lose (in whole or in part) the services of its internet service provider (“ISPs”) or other suppliers;
02. The Buyer shall not Use any “deep-link”, “page-scrape”, “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 any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. Casa Pop reserves the right to bar any such activity.
03. The Buyer shall not attempt to gain unauthorized access to any portion or feature of the website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the website, by hacking, password “mining” or any other illegitimate means.
04. The Buyer shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the website. The Buyer may not reverse look-up, trace or seek to trace any information on any other User of or visitor to website, or any other customer, including any account on the Website not owned by The Buyer, to its source, or exploit the Website or any service or information made available or offered by or through the website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than The Buyer’s own information, as provided for by the website.
05. The Buyer agree not to Use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the website, or with any other person’s Use of the website.
06. The Buyer may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal The Buyer send to Casa Pop on or through the Website or any service offered on or through the website. The Buyer may not pretend that The Buyer is, or that The Buyer represents, someone else, or impersonate any other individual or entity.
08. The Buyer shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, custom Duty, Local Levies) regarding The Buyer’s Use of Our service and The Buyer’s listing, purchase, solicitation of offers to purchase, and sale of products or services. The Buyer shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
09. From time to time, The Buyer shall be responsible for providing information relating to the products or services proposed to be sold by The Buyer. In this connection, The Buyer undertakes that all such information shall be accurate in all respects. The Buyer shall not exaggerate or over emphasize the attributes of such products or services so as to mislead other Users in any manner.
12. The Buyer’s correspondence or business dealings with, or participation in promotions of, advertisers found on or through the website, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between The Buyer and such advertiser. Casa Pop shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the website.
13. It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that The Buyer may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about The Buyer due to the Buyer’s Use of the website, and that the recipient may Use such information to harass or injure The Buyer. Casa Pop does not approve of such unauthorized Uses, but by using the Website The Buyer acknowledges and agree that Casa Pop are not responsible for the Use of any personal information that The Buyer publicly discloses or share with others on the website. Please carefully select the type of information that The Buyer publicly disclose or share with others on the website.
14. Casa Pop shall have all the rights to take necessary action and claim damages that may occur due to the Buyer’s involvement/participation in any way on the Buyer’s own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).