This document is an electronic record in terms of Information Technology Act, 2000 & rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of rule 3 (1) of the information technology (intermediaries guidelines) rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of www.3ddoticecream.com please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions (“terms”). By subscribing to or using any of our services you agree that you have read, understood and are bound by the terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the terms, you must not subscribe to or use our services.
Introduction
Welcome to the 3ddoticecream.com (“website” or “3ddoticecream.com”) service provided by Private Limited (‘3D Dot Ice Cream’ or ‘we’ ‘our’ or ‘us’). this website/app is owned and operated by 3ddoticecream.com. Registered Office: Shop -2, Kalakunj Society, opposite Dharuka College Varachha Main Rd, Surat,Gujarat,395006 . in using the 3ddoticecream.com service, of 3D Dot Ice Cream you are deemed to have accepted the terms and conditions of the agreement listed below or as may be revised from time to time, which is, for an indefinite period and you understand and agree that you are bound by such terms till the time you access this website/app. if you want to ask us anything about these terms & conditions or have any comments or complaints on or about our website/app, please write to us at 3ddoticeream@gmail.com
User Account, Password, and Security:
If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.
You agree to
immediately notify us of any unauthorized use / breach of your password or account and
ensure that you exit from your account at the end of each session.
Services Offered:
We provide a number of Internet-based services through the Platform. One such Service enables Users to purchase original merchandise such as clothing, footwear and accessories from various fashion and lifestyle brands (collectively, “Products”). The Products can be purchased through the Platform through various methods of payments offered. The sale/purchase of Products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return policy, etc. (which are found on the FAQ tab on the Platform and all of which are incorporated here by reference). It is clarified that at the time of creating a return request, users are required to confirm that the product being returned is unused and has the original tags intact. If the product returned by the user is used, damaged or if the original tags are missing, the user’s return request shall be declined, and the said product shall be re-shipped back to the customer. In the event that the return request is declined, the user shall not be eligible for a refund, and We assume no liability in this regard. Further, in the event that the user fails to accept the receipt of the said re-shipped product, the user shall continue to be not eligible for a refund, and we assume no liability with respect to the return or refund for the said re-shipped product. In addition, these Terms of Use may be further supplemented by Product specific conditions, which may be displayed with that Product.
We at 3ddoticecream.com strive to maintain the accuracy, reliability of Product Description and other content on the platform to deliver an error-free experience. However, we do not assume liability in this regard.
User Conduct and Rules on the Platform:
You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You do 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
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
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page)
provides instructional information about legal activities such as making or buying illegal weapons, violating someone’s privacy, or priding or creating computer viruses
contains video, photographs, or images of another person (with a minor or an adult).
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users
interferes with another USER’s use and enjoyment of the Platform or any other individual’s User and enjoyment of similar services
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
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
shall not 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
A User may be considered fraudulent or loss to business due to fraudulent activity if any of the following scenarios are met:
Users doesn’t reply to the payment verification mail sent by us
Users fails to produce adequate documents during the payment details verification
Misuse of another User’s phone/email
Users uses invalid address, email and phone no.
Overuse of a voucher code
Use of a special voucher not tagged to the email ID used.
Users returns the wrong product
Users refuses to pay for an order
Users involved in the snatch and run of any order
Miscellaneous activities conducted with the sole intention to cause loss to business/revenue to us
User with a very high return rate
Repeated request for monetary compensation for fake/used order
We may cancel any order that classify as ‘Bulk Orders’/’Fraud orders’ under certain criteria at any stage of the product delivery. An order can be classified as ‘Bulk Order’/’Fraud Order’ if it meets with the below mentioned criteria, and any additional criteria as defined by us:
Products ordered are not for self-consumption but for commercial resale
Multiple orders placed for same product at the same address, depending on the product category.
Bulk quantity of the same product ordered
Invalid address given in order details
Any malpractice used to place the order
Any promotional voucher used for placing the ‘Bulk Order’ may not be refunded
Any order paced using a technological glitch/loophole.
You shall not use the Platform for any unlawful and fraudulent purposes, which may cause annoyance and inconvenience and abuses any policy and rules of the company and interrupt or causes to interrupt, damages the use by other Users of platform.
You shall not use any false e-mail address, impersonates any person or entity, or otherwise misleads us by sharing multiple address and phone numbers or transacting with malafide intentions.
You 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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity
You 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 Goods and Services Tax, Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of products or services. You 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.
The Content posted does not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
We value feedback from our Customers
All relevant reviews received are checked before making them live on the website
All relevant reviews are made live post our Customer Service Team’s interaction with verified Customers
We hereby disclaims any guarantees of exactness as to the finish, appearance, size, color etc., of the final Product as ordered by the User. Our Return & Exchange Policy offers you the option to return or exchange items purchased on our portal within the return/exchange period (Please read the Product Detail Page to see the number of days upto which a product can be returned/exchanged, post-delivery). In case of return of the purchased item, please refer to the “Return Policy” on our portal.
Contents Posted on Platform:
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is either a in-house or third party user generated content and we have no control over such third party user generated content as we are merely an intermediary for the purposes of this Terms of Use. Such Content will become Our property and You grant Us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content You provide.
You may use information on the products and services purposely made available on the Platform for downloading, provided that You
do not remove any proprietary notice language in all copies of such documents,
use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
make no modifications to any such information, and
do not make any additional representations or warranties relating to such documents.
Disclaimer of Warranties and Liability:
All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, we do not warrant that: Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
All the Products sold on Platform are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use your personal information to initiate any promotional phone calls or SMS.
E-Platform for Communication:
You agree, understand and acknowledge that ours is an online platform that enables you to purchase products listed on the Platform at the price indicated therein at any time. You further agree and acknowledge that we are only a facilitator and is not and cannot be a party to or control in any manner any transactions on our platform.
Indemnity
You agree to defend, indemnify and hold harmless 3ddoticecream.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to clothemania.in or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
Termination
This User Agreement is effective unless and until terminated by either you or 3ddoticecream.com You may terminate this User Agreement at any time by informing us in writing through Indian postal system by registered post, that you no longer wish to be associated with this website/app, provided that you discontinue any further use of this Website/app.
3ddoticecream.com may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/app. Such termination will be without any liability to 3ddoticecream Upon any termination of the User Agreement by either you or 3ddoticecream.com, you must promptly destroy all materials downloaded or otherwise obtained from this Website/app, as well as all copies of such materials, whether made under the User Agreement or otherwise. 3ddoticecream.com’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website/app or affect any liability that may have arisen under the User Agreement.
Limitation of liability and disclaimers
The Website/app is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Website/app.
The Website/app provides content from other Internet website/app or resources and while clothemania.in tries to ensure that material included on the Website/app is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. 3ddoticecream.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website/app.
This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.
To the fullest extent permitted under applicable law, clothemania.in or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Website/app, its services or this User Agreement.
Without prejudice to the generality of the section above, the total liability of 3ddoticecream.com to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the amount charged to you, against the value of the products ordered by you.
3ddoticecream.com its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website/app or that the operation of the Website/app will be error free and/or uninterrupted. Consequently, 3ddoticecream.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website/app; and/or any interruption or errors in the operation of the Website/app.
By providing your phone number to us, You consent to be contacted by us via phone calls and/or SMS notifications, in case of any transactional messages (i.e.) order, shipment delivery, returns, refund related updates. If your phone number is registered under the National Do Not Call Registry, we will not use your personal information to initiate any promotional phone calls or promotional SMS.
Delivery Related – User agrees and acknowledges that any claims regarding order delivery (including non-receipt/ non- delivery of order or signature verification) shall be notified to us within 5 days from the alleged date of delivery of product reflecting on our portal. Non notification by You of non-receipt or non-delivery within the time period specified shall be construed as a deemed delivery in respect of that transaction. We disclaims any liability or responsibility for claims regarding non-delivery, non-receipt of order (including signature verification in Proof of delivery) after 5 days from the alleged date of delivery of product reflecting on the our portal.
Entire agreement
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and 3ddoticecream.com with respect to the 3ddoticecream.com website/app/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 3ddoticecream.com with respect to the 3ddoticecream.com website/app/services. 3ddoticecream.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Governing law and jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this agreement.
Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by 3D Dot Ice Cream Private Limited. and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Bangalore. The High Court of judicature at Bangalore alone shall have the jurisdiction and the Laws of India shall apply.
Modification of terms and conditions of service
3ddoticecream.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement, we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on 3ddoticecream.com You can access the latest version of the User Agreement at any given time on 3ddoticecream.com You should regularly review the User Agreement on 3ddoticecream.com In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified User Agreement.
Grievance Officer:
In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:
3D Dot Ice Cream
3ddoticecream.com
Address :- Shop -2, Kalakunj Society, opposite Dharuka College Varachha Main Rd, Surat,Gujarat,395006
Contact us: 3ddoticecream@gmail.com
Phone: +91 8511857676
Time: Mon – Sat (9:00 – 18:00)