Welcome to TheEnthuCutlets.com. If you visit, browse through, or shop at TheEnthuCutlets.com or our Instagram store titled @TheEnthuCutlets, you accept these Terms of Use. Please read them carefully. PLEASE DO NOT USE OR ACCESS THE WEBSITE OR OUR INSTAGRAM STORE UNLESS YOU AGREE TO THESE TERMS OF USE.

These Terms of Use are an electronic record in terms of the Information Technology Act, 2000, the rules thereunder as applicable and any amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures for verification.

The Terms of Use are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the Rules and Regulations, Privacy Policy and Terms of Use for access or use of www.ET.com.

In this document, the words "you", "your", “user” and “visitor” refer to each customer, Website visitor, or Application user. The words "we", "us", "our" and “EnthuCutlets”, “theEnthuCutlets” refer to the sole proprietorship, The Enthu Cutlets.

SPECIFIC TERMS OF BUSINESS

The domain www.TheEnthuCutlets.com (from hereon referred to as “site” or “Website”) is owned and operated by The Enthu Cutlets, a sole proprietorship, having their office at Delhi, India (from hereon referred to as the “TEC”).

You understand that the term “use” is to be construed very broadly herein, including, but not limited to browsing, searching, viewing search results, clicking on the Website’s links to browse through the list of resultant options or signing up, clicking on the Website’s links to browse through any information, registering on the Website by creating a username and password (login/signup), uploading content, reviewing a service, making a purchase, providing feedback, general viewing, signing up for a subscription or casually browsing through the Website at any time. This will under all circumstances constitutes “use” of the Website. 

You understand that all right, title and interest in and to the materials and content provided on this Website, including but not limited to information, audio-visual content, photographs, documents, logos, graphics, flow charts, sounds, images and videos, (collectively referred to as “Materials” from hereon) are either owned by TEC or other third parties who have posted such content. 

Except as otherwise expressly provided by TEC or applicable third-party provider, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on the Website shall be construed to confer any license under any of TEC's intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved by TEC.

We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. Please review these Terms of Use periodically for updates/changes. Your use of the Website following the posting of changes means that You have read and accepted such revisions. 

 

If You are a minor i.e. under the age of 18 years, You shall not register Yourself as a user on the Website and shall not transact on or use the Website. TEC reserves the right to terminate Your membership and/or refuse to provide You with access to the Website if it is discovered that You are under the age of 18 years.

TEC strives to keep all information and content displayed on the Website accurate, current and up-to-date. However, TEC cannot guarantee that all of the information on the Website is complete and current. 

Without prejudice to anything said above, even though TEC strives to keep the Website up to date at all times, we disclaim all guarantees and warranties in respect of the accuracy of the information displayed upon the Website. 

We view protection of Your privacy as a very important standard. We understand clearly that You and Your personal information is one of Our most important assets. Please note that TEC stores and processes Your information (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures. Please refer to Our Privacy Policy for better understanding of the detailed provisions that apply to You during Your use of the Website, which are hereby incorporated by reference.

 

You agree and understand that in order to gain access to certain parts of the Website, You may be asked to provide a valid e-mail address, communication address and mobile number where TEC and its authorised representatives can contact You directly. When You sign up for an account on the Website, You agree to provide Your genuine/valid e-mail address, communication address, and Your mobile number. In case You provide an invalid e-mail address/mobile number (due to oversight or other reason) by way of which You suffer any loss in any manner, You agree to hold harmless TEC for any such occurrences or related consequences thereof.

By registering Your e-mail address, communication address and mobile number on the Website, You also consent to be contacted by us via email, phone calls and/or SMS notifications.

You further agree and understand that when you send emails to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

It is illegal to submit offensive, defamatory and otherwise derogatory material for publishing on the Website and this can lead to criminal legal action and/or other modes of penalty such as removal of offensive materials, suspension or termination of user account etc, being imposed against the user from whom such material originates. In this regard, TEC may send you warning letter(s) or legal notice via registered post, or THROUGH email, which shall be interpreted as authorised communication. 

 

For promotional purposes, TEC uses various marketing tools, including social media marketing and other viable fora. Please note and understand that these sections of the Website or third-party links displayed on the Website for promotional purposes are free peer-community forums. TEC disclaims any and all liability for any comments, postings, or other material provided by users of the Website or the users of other social media links. TEC makes no explicit or implied warranties regarding any of the comments, postings, or other material provided by users of the third-party links or the Website. Furthermore, by using the Website and such other links as forming part of social media and promotions, You explicitly agree to disclaim and hold harmless TEC from any and all liability which may arise from Your use of the Website and other such promotional links.

 

In case you suffer any loss, injury, or damage, including mental, physical or emotional hurt arising due to your access to or viewing or searching or purchasing items from the Website, whether directly or indirectly, TEC hereby limits its liability to the fullest extent and you agree to not hold TEC or its representatives liable for such damages, whether direct or consequential. 

 

In no event shall TEC, its officers, directors, employees, or agents be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantages), however, it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use the Website or materials available from the Website, even if TEC has been previously advised of the possibility of such damage. 

 

CANCELLATION, REFUND, AND EXCHANGE POLICY

 

Cancellation

 

You have the right to cancel an order within 48 hours of placing such order for which you shall receive a 100 per cent refund of the order amount or the advance amount you have paid us, which is lower. Since every design and product is bespoke and caters to a specific client demand, therefore, no cancellation requests shall be entertained beyond 48 hours. 

Refund

Each product and design is custom-made as per unique demand and is customised according to individual requests. For this reason, generally, we offer no refunds. 

We entertain no refunds in case the colour tones of the actual product vary with the colours captured in photographs as lighting, finishing, and 2D Imaging is prone to slight variation in colours. You are advised to keep in mind minor colour variations beforehand.

Exchange

TEC does not exchange any products or designs, whatsoever, under any condition. 

Damaged Goods

As a policy, we use vendors who ship products to you with utmost care.  Therefore, in case the product gets damaged during shipping, TEC shall bear no responsibility for it. 

In case you receive a damaged product or the product gets lost during transit, please raise it with us within 24 hours of receiving the damaged product or information of loss, so that we can immediately raise it with the shipping company or vendor. 

INDEMNITIES, GUARANTEES, LIMITATION OF LIABILITY

The Website, all materials made available through it as well as the products and services as well as the price offered for those services are provided to You on an “as is” and “as available” basis without any representations, warranties and guarantees attached to them regarding their availability, accurateness, timeliness or completeness. To the fullest extent possible, TEC disclaims all responsibility, liability, warranties of any kind and, whether express or implied, including, but not limited to, the accuracy of information and services made available according to Your particular needs, the denial of any products /  services / designs ordered by You using the Website, for any reason stated or not stated by TEC or its authorised representatives, employees, directors and other officials.

Obtaining any materials through the use of the Website or applications is done at Your own discretion and at Your own risk. TEC shall have no responsibility for any damage to Your computer system or loss of data that results from the download of any content, materials, information or software through the Website.

Without prejudice to anything contained in these Terms of Use, TEC reserves the right to modify or discontinue, temporarily or permanently, the site or your access to the site (or any part thereof) with or without notice at any time. You agree that TEC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the site.  You agree that TEC, in its sole discretion, may terminate your password, or account, and remove and discard any content within the site, for any reason.

You agree to release, indemnify and hold TEC and its representatives, officers, employees, directors, consultants and other agents harmless from any and all kinds of losses, damages, expenses, claims, rights and actions arising out of or in any way connected with either Your access to or use of the Website, materials contained therein, applications, products and services offered by it or any third party claims relating to Your breach of these Terms of Use or violation of any rights of a third party.

All the content, information, and products / services displayed upon the Website, and promotional / advertisement related third-party links displayed on the Website, are trademarks/ servicemarks/ copyright etc. owned by TEC and respective third parties. Further, the listing of promotional/ advertisement related third-party links appearing on the Website does not certify any connection between the owner of these promotional links and TEC. You are, therefore, required to obey the intellectual property rights of TEC and other relevant third party while using the Website. You agree to abide by all laws regarding use of intellectual property, and You shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by Your use of the Website. 

Furthermore, all the content displayed on every web page of the Website are the intellectual property of TEC including, but not limited to, illustrations, images, logos, graphics, algorithms, information, audio and visual content, downloadable material such as forms, questionnaires, surveys, etc. and are protected by the relevant intellectual property laws. You agree to obey the law and respect the intellectual property of TEC while accessing, downloading and otherwise availing the services made available to You through the Website.

You agree not to copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly. 

You agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create any derivative works based on the service or the content You access on the Website, in whole or in part.

GOVERNING LAW & JURISDICTION

By visiting theEnthucutlets.com, you agree that the laws of India, under the jurisdiction of the civil courts at Delhi, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and theEnthuCutlets.com or its affiliates and representatives.

AGREEMENT FOR BINDING ARBITRATION

Generally, transactions are conducted smoothly on www.theEnthuCutlets.com. However, if any dispute arises between You and TEC during Your use of the Website or in connection with the validity, interpretation, implementation or in case of alleged breach of any provision of the Terms of Use, then such dispute shall be submitted to confidential arbitration in Delhi, India, except in the case that a violation or threat to violate against theEnthuCutlets.com's intellectual property rights has been found. 

 

In such a case, TEC shall have the right to seek injunctive or other appropriate relief in any court in India or internationally as the case may arise, and you consent to exclusive jurisdiction and venue in such courts. 

 

Arbitration shall be conducted as per the law prescribed in the Indian Arbitration and Conciliation Act, 2015. A sole arbitrator shall be chosen by TEC who shall decide the matter and his award shall be binding. The award may be entered as a judgment in any court of competent jurisdiction. 

 

GENERAL TERMS

 

These Terms of Use constitute the entire agreement between you and TEC, and governs your use of the Website; and supersedes any prior version of these Terms of Use between you and TEC with respect to the Website.

 

Should TEC choose not to exercise or enforce any of its right or provision provided under these Terms of Use; such an omission, whether deliberate or otherwise shall not constitute a waiver or relinquishment to any extent of TEC’s right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.

 

If any provision(s) of these Terms of Use is found by the arbitrator or a court of competent jurisdiction to be invalid, the parties nevertheless agree that the remaining provisions shall not be affected thereby and shall continue to remain in full force and effect, and such provision may be modified or severed from these Terms of Use to the extent necessary to make such provision enforceable and consistent with the remainder of these Terms of Use.

 

You may not assign or otherwise transfer any of your or our obligations under the Terms of Use without prior written approval of TEC or its authorised representative. Any purported assignment in violation of these Terms of Use shall be void ab initio. Further, TEC reserves the right to use third party providers in the provision of the Website and related products or services or other Materials associated therewith. FURTHERMORE, ANY AND ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TEC.

 

Except where otherwise specified, TEC may deliver notice(s) to you by means of electronic mail upon the email address provided by You, or by means of a general notice displayed on the Website or any by other reliable method such as registered postal services, etc.

 

Should you have any queries or concerns about these Terms of Use or any provision thereof, please contact us on hellocutlets@gmail.com.

 

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Shlagha Jindal

Email Id: shlagha.j@gmail.com

Mob No.: +91 96437 25105

Operating Hours: 10am to 6pm, Monday to Friday

1. Our Grievance Officer will get back to you within a span of 3 business days of you reporting some issue.
2. We shall provide you a complaint no. through which you can used to track the status of your issue.
3. We will try our best to resolve your issue within 60 days. 

TERMS OF USE UNDER THE IT ACT

As a part of using the Website, You may be able to put content on the Website including, but not limited to, answering questionnaires, filling forms, uploading textual, audio or visual content, reviewing a service, providing feedback to the Website.

You agree, undertake, and confirm that Your use of the Website, whether while posting user content or otherwise accessing the Website in any way shall be strictly governed by the following binding principles, along with the Terms and Conditions which these Terms of Use Under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 are a part of. 

1. You shall not host, display, upload, modify, publish, transmit, update or share any information that:

(i)  belongs to another person and to which the user does not have any right; 

(ii) is defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force; 

(iii)  is harmful to child; 

(iv)  infringes any patent, trademark, copyright or other proprietary rights; 

(v)  violates any law for the time being in force; 

(vi)  deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact; 

(vii)  impersonates another person; 

(viii)  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 cognisable offence or prevents investigation of any offence or is insulting other nation; 

(ix)  contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; 

(x)  is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;