By accessing, browsing or otherwise using this website indicates Your agreement to be bound by these terms. In case of an organization, You represent and warrant that You have the authority to legally bind Your organization and Your organization will be bound by the obligations and restrictions of these Terms.
If You do not agree to be bound by these terms and conditions, or do not have the authority to bind Your organization to these terms and conditions, then do not access, avail or use the Website.
ABOUT OUR SERVICES
Sleepster provides a number of internet-based services through the Website (hereinafter collectively referred to as “Service or Services”). One such Service enables You to purchase to purchase sleep products such as mattresses, pillows and other sleep accessories (“hereinafter collectively referred to as “Products”). You agree, understand and acknowledge that the Website is an online platform that enables You to purchase Products listed on the Website at the price indicated therein.
MINIMUM AGE REQUIREMENT
The Website is intended for use by person who is at least 18 years old, or the legal age required to form a binding contract if that age is greater than 18 years. As a minor if You wish to use or transact on the Website, such use or transaction may be made only with the permission and supervision of Your legal guardian or parents. Sleepster reserves the right to terminate Your account and/or refuse to provide access to the Website at its sole discretion without assigning any specific reason.
You may register with the Website as a Member by filling out the Registration Form provided in the “Sign Up” option of the Website. During registration, You will be required to furnish Sleepster certain information and details, including Your name, email Id and any other information that is deemed necessary by Sleepster. You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your computer to prevent unauthorized access to Your Account. You should take all necessary steps to ensure that the password is kept confidential and immediately inform Us if You have any reason to believe that Your Account has been hacked or accessed by any third party. You expressly agree and acknowledge that all information provided by You is accurate and true.
You may access the Website as a Visitor without registering with the Website; however, this may prevent You from availing all the features of the Website.
Membership on the Website is free for all Users. Sleepster does not charge any fees for browsing or accessing the Website. However, Sleepster reserves the right to change its Fee Policy at any point of time. Sleepster reserves the right to introduce any new premium Services along with any fees that Sleepster may at its sole discretion determines. Any changes to the Fee Policy shall be posted on the Website and shall become effective immediately after such changes are posted on the Website.
ACCESS TO WEBSITE:
Sleepster shall take all necessary and reasonable steps to ensure the uninterrupted availability of the Website. However, Sleepster does not guarantee the uninterrupted availability of the Website at all times. Your access to the Website may be occasionally suspended or restricted to allow for repairs, maintenances or the introduction of new facilities or services at any time without prior notice.
Sleepster hereby grants You a limited license to access and make personal use of the Website and the Services offered by Sleepster in accordance with these Terms or Polices of Sleepster as introduced or modified or amended from time to time. This license does not allow any commercial use of this Website or its contents, or any downloading or copying of content or account information for the benefit of a third party, or any use of data mining, robots, or similar data gathering and extract tools while using the Website.
This Website or any portion of this Website (including but not limited to any copyrighted materials, trade marks, or any other proprietary information) may be not copied, reproduced, duplicated, sold or commercially or otherwise exploited without obtaining the prior written consent of Sleepster. All texts, images, graphics, designs, User interfaces, visual interfaces, marks, logos, artworks posted on the Website are the exclusive property of Sleepster and You shall not copy, reproduce, sell or share any such content commercially without obtaining prior written permission of Sleepster.
You agree, undertake and confirm that Your use of Website shall be strictly governed by including, without limitation, the following:
- You shall not act in any manner that causes, or may damage the Website or causes impairment of the performance, availability or accessibility of the Website;
- You shall not use the Website for any unlawful, illegal, fraudulent or harmful purpose or activity or in contravention to the applicable laws and regulations;
- You shall not directly or indirectly use any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from the Website or copy the contents (except as part of standard use or as part of standard search engine activity);
- You shall not directly or indirectly alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices appearing on the Website or on any contents appearing on the Website;
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any systems, networks or servers connected to the Website by hacking, password mining or any other illegitimate means;
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website. Further, You shall not circumvent any security or authentication measures employed on the Website. You shall not trace or seek to trace any information about any other User of the Website;
- You acknowledge and agree that Your use of the Website shall be subject to any other terms conveyed or posted by Sleepster from time to time;
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and Rules there under as applicable and as amended from time to time and also all applicable laws, rules and regulations; and
- You understand that Sleepster has the right to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order.
THIRD PARTY LINKS
This Website may contain links to other websites or content. You agree and acknowledge that these third-party sites are not under the control of Sleepster and that Sleepster is not responsible for the content from such sites. These links have been provided to You only for convenience and the inclusion of any such link does not imply endorsement by Sleepster of such parties or any association with such sites or its operators.
You may contact Sleepster’s Customer Care Services by sending an email to firstname.lastname@example.org . You acknowledge that the provision of customer support is at Sleepster’s sole discretion, and that We have no obligation to provide You with customer support of any kind.
PRODUCT SPECIFICATIONS, PRICING AND PAYMENTS
- We are not infallible, and therefore we do not warrant that the Product specifications or other content on the Website is complete, accurate, or error-free.
- You expressly agree and acknowledge that Sleepster shall have the right to refuse or cancel any orders made by You at any time after making such orders, in its sole discretion. If we charge your credit or debit card prior to cancellation, we will refund the amount to your account.
- All Products mentioned in the Website are subject to availability. The availability status mentioned in the Website are only indicative and We may at any time at our sole discretion cancel your order after intimating You about our decision to cancel Your order. In the event of any such cancelation, You may opt to replace the order with a new order after making any additional payment as applicable after adjustment or request for refund the amount to Your bank account.
- Any errors or omissions in the product catalogue, Product information, Product specifications, price list, or other documentation or any information made available on the Website from time to time shall be subject to modifications from time to time without any liability on Our part. Therefore we do not warrant that Product specifications, pricing, or other content on the Website is complete, accurate, or error-free. You are required to independently verify the Product specifications and Product information with our Customer Executives or by visiting our Sleep Stores prior to making any orders.
- In the event of any issues relating to the specifications of any Product, Sleepster shall replace the default Product in accordance with the Cancellations, Returns and Refunds Policy of Sleepster. Notwithstanding the aforementioned, Sleepster shall have the right to refuse or cancel any replacement and/or refund requests in its sole discretion, if such requests in the opinion of Sleepster falls outside the scope and ambit of the Cancellations, Returns and Refunds Policy of Sleepster.
- Each Product has its own Warranty Terms. You are required to independently verify the Warranty Terms of the Product with our Customer Executives or by visiting our Sleep Stores prior to placing any Order.
- All prices are listed in Rupees. “Price”, as displayed, is inclusive of all applicable taxes. We reserve the rights to revise the prices for the products at any point of time. The items in your shopping cart reflect the most recent price of the product. You acknowledge that this price may differ from the price shown for the item when You first placed it in Your cart.
- While using any of the payments methods available on the Website, Sleepster shall not be responsible for any loss or damage incurred directly or indirectly by You due to:
- Lack of authorization for any transactions;
- Any payment issues arising out of transaction; or
- Decline of transaction for any other reason by the Bank.
- If the payment transaction is unsuccessful, Your Order will not be processed for delivery. You agree and acknowledge that Sleepster will have no access to any information or have any knowledge regarding for failure of payment; therefore, it is advised that You should contact Your debit card or credit card provider or bank for details. If any payments have been made to our Account by the Bank, in caseof any failed transaction, We shall credit such amount to the Bank account after receiving appropriate requests from your end.
- Unless otherwise stated in the Website, all payments to Sleepster shall be made in Indian Rupees. You shall be solely responsible for compliance of all applicable laws while making payments to Sleepster.
- You understand, accept and agree that the payment facility provided by Sleepster is not a banking or a financial service but is merely a facilitator providing an automated online electronic payment or receiving payment through existing payment gateway networks.
- We reserve the right to impose certain restrictions on the number of transactions conducted by the User. We provide the availability statements for each product and we may provide the estimated timelines for products on receipt of written request from Your end. Notwithstanding the aforementioned, We reserve the right to cancel or refuse or process any order placed by You at Our sole discretion without assigning any reason to You. However, in the event of any such refusal, We shall promptly refund any amounts received from Your end with respect to such orders or replace the product with any other available product on Your request.
You agree to the electronic communication for all Your transactions and communication with Sleepster and the Website. You agree that all postings, notices, disclosures, or other communications that we provide to You electronically satisfy any legal requirements that such communications be in writing.
REPRESENTATIONS AND WARRANTIES
- We represent and warrant that services and information on this Website is provided “as is” and on an “as available” basis and Sleepster and its officers, directors, employees, and agents makes no and hereby disclaims any express or implied warranties, including, but not limited to, the implied warranties (collectively, “warranties”) of performance, merchantability, accuracy, non-infringement of particular purpose and fitness for a particular purpose. In no event shall Sleepster be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this Website.
- You agree that Your use of the Website shall be at Your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and Your use thereof.
- We make no representations or guarantees and disclaims that the Website will be free from loss, destruction, damage, hacking or security intrusion, corruption, attack, any interruption or cessation of transmission to or from Our services, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in any information or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed, transmitted, or otherwise made available via the Website.
- We do not warrant, endorse, guarantee, or assume responsibility for any information or products advertised or offered by a third party through any hyperlinked services or featured in any banner or other advertisements, and We will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services. You should use Your best judgment and exercise caution, interference, personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Website.
- All right, title and interest including all intellectual property rights in the Website and its contents including without limitation, texts, logos , designs, images, formats, documents, video, links, graphics and all other materials published on this Website (hereinafter collectively referred to as “Contents”) are the sole and exclusive property of Sleepster.
- You shall not directly or indirectly, copy, reproduce, modify, edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, transmit, sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit, digitally alter or manipulate the Website or the Contents or any parts thereof in any manner, without the prior written permission of Sleepster.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WEBE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE WEBSITE AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND OUR CONTROL.
Sleepster reserves the right to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on Your use of the Website, at any time, without notice to You. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Additional Terms”) will be posted on the Website and will be effective immediately after such posting and thereafter automatically incorporated into these Terms. You hereby agree to be bound by all such Additional Terms and Your continuous use of the website shall be deemed to be the acceptance of such Additional Terms. All updated terms can be viewed here:
You hereby agree to indemnify and hold harmless Sleepster and its employees, directors, affiliates, associates and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debts and expenses including reasonable attorney’s fees arising directly or indirectly from Your breach of these Terms.
LAW, JURISDICTION AND ARBITRATION
- This Agreement shall be governed, interpreted and construed in accordance with the laws in force in India and is subject to the exclusive jurisdiction of the courts at Bangalore, India.
- Any and all disputes under this Agreement shall be referred to a sole Arbitrator, who shall be mutually appointed by the parties. However, if the Parties are unable to mutually appoint an arbitrator, such arbitrator shall be appointed by the court in Bangalore having appropriate jurisdiction as per the Arbitration and Conciliation Act, 1996 (as amended from time to time) (“Arbitration Act”). The venue of the arbitration shall be Bangalore. The proceedings of the arbitration shall be in English. The parties hereby agree that the Arbitrator’s award shall be binding on the parties. The arbitration proceedings shall be governed by the Arbitration Act. All costs of such arbitration shall be borne equally between the parties.
COMMUNICATIONS AND SUPPORT
If You have any questions, complaints or claims with respect to the Website, then such correspondence should be directed to the email address as given below: email@example.com
Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power, or remedy vested with Sleepster under or pursuant to this Agreement shall constitute a waiver by Sleepster of that or any other right, power, or remedy.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.
You acknowledge that You have read and understood this Agreement and You out of Your free will, unconditionally accept to be bound by the same.