Terms of Use

TopSublimation.in  Terms of Use

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This an 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.TopSublimation.in website.

The domain name www.TopSublimation.in (hereinafter referred to as “Website”) is owned by TopSublimation.in a website owned by Company New Delhi, registered at 47 first floor, Rani Jhansi Road Jhandewalan New Delhi, India.

Your use of the Website and services and tools are governed by the following terms and conditions ( “Terms of Use” ) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with TopSublimation.in a website owned by Ambition Gifts New Delhi and these terms and conditions including the policies constitute you binding obligations, with Company.

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any the natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using computer systems. TopSublimation.in  allows the User to surf the Website or making purchases with registering on the Website. The term “We”, “Us”, “Our” ‘company’ shall mean Company.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. 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. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by TopSublimation.in  Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

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 you are a minor i.e. under the age of 18 years, you shall not register as a User of the TopSublimation.in  website and shall not transact on or use the website. As a minor, if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. TopSublimation.in  reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to TopSublimation’s or Ambitiongift’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, 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 or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Website. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Website at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Website email verification.

You agree that TopSublimation.in  shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your display name in cases where You have failed to update Your revised mobile phone number and/or e-mail address on the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

A platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. TopSublimation.in  is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

Henceforward:

1.    All commercial/contractual terms are offered by and agreed to between Buyers and Company alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services. TopSublimation.in  does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and the manufacturer of the products sold through the website.

2.    Placement of order by a Buyer on the Website is an offer to buy the product(s) in the order by the Buyer to the company Company and it shall not be construed as the company’s acceptance of Buyer’s offer to buy the product(s) ordered. The company retains the right to cancel any such order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by Buyer in case of such cancellation by the company shall be refunded to the Buyer. Further, the company may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual’s consumption quantity limit shall be based on various factors and at the sole discretion of the company and may vary from individual to individual.

3.    TopSublimation.in  does not make any representation or Warranty as to specifics (such as quality, value, scalability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. TopSublimation.in  does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. TopSublimation.in  accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

4.    TopSublimation.in  is not responsible for any non-performance or breach of any contract entered into between Buyers and company. TopSublimation.in  cannot and does not guarantee that the concerned Buyers and/or company will perform any transaction concluded on the Website. TopSublimation.in  shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and company.

5.    TopSublimation.in  does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

6.    TopSublimation.in  does not at any point of time during any the transaction between Buyer and company on the Website come into or take possession of any of the products or services offered by the company nor does it at any point gain title to or have any rights or claims over the products or services offered by the company to Buyer.

7.    At no time shall TopSublimation.in  hold any right, title or interest over the products nor shall TopSublimation.in  have any obligations or liabilities in respect of such contract entered into between Buyers and Companys. TopSublimation.in  is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

8.    The Website is only a platform that can be utilized by Users to reach a larger base to buy products or services. TopSublimation.in  is only providing a platform for communication and it is agreed that the contract for the purchase of any of the products or services shall be a strictly bipartite contract between the company and the Buyer.

At no time shall TopSublimation.in  hold any right, title or interest over the products nor shall TopSublimation.in  have any obligations or liabilities in respect of such contract.

TopSublimation.in  is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. TopSublimation is a property of Company(company), hence all the service, and post-sale inquiries to be done with and on Company only.

1.    You shall independently agree upon the manner and terms and conditions of delivery, payment with the company that transacts with.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical the issue, typographical error or product information published by the company may be incorrectly reflected and in such an event company may cancel such your order(s).

2. You release and indemnify TopSublimation.in  and/or any of its officers and representatives from any cost, damage, liability or other a consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, TopSublimation.in  cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Charges

Membership on the Website is free for buyers. TopSublimation.in  does not charge any fee for browsing and buying on the Website. TopSublimation.in  reserves the right to change its Fee Policy from time to time. In particular, TopSublimation.in  may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event TopSublimation.in reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to TopSublimation.in.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

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

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, 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, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) 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];

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright Complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, TopSublimation’s prior written consent means a communication coming from TopSublimation’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;

(r) refers to any website or URL that, in Our sole discretion contains material that is inappropriate for the Website or any other website contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

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

(u) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) 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 the value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) threatens the unity, integrity, defense, security or the sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

(z) 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 Us or cause us to lose (in whole or in part) the services of Our internet service the provider (“ISPs”) or other suppliers;

1.    You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or another an 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. We reserve Our right to bar any such activity.

2.    You 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.

3.    You 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. You 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 an account on the Website not owned by You, 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 Your own information, as provided for by the Website.

4.    You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or the domain name used by Us including the terms TopSublimation, TopSub, Company, GiftsAmbition, Ambitiongift, Company.com, or otherwise engage in any conduct or action that might tarnish the image or reputation, of TopSublimation.in  or dilute any company’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or company’s systems or networks, or any systems or networks connected to Company or its websites like Company.com, topsublimation.in.

5.    You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any the transaction being conducted on the Website, or with any other person’s use of the Website.

6.    You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.

7.    You may not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of TopSublimation.in and/or others.

8.    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 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.

9.    Solely to enable us to use the information You supply Us with so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy is applicable to the use of the Website.

10.  From time to time, You shall be responsible for providing information relating to the products or services proposed to be sold by You. In this connection, You undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other Users in any manner.

11.  You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Website or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period which We deem appropriate in its sole discretion. You understand that We have the right at all times 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 an investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

We reserve the right but has no obligation, to monitor the materials posted on the Website. TopSublimation.in  shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect TopSublimation.in  views. In no event shall TopSublimation.in  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 Website. 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 libelous, tortious, or otherwise unlawful information.

1.    Your 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 You and such advertiser. We 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.

2.    It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.

3.    TopSublimation.in  shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).

Contents Posted on Site

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, “Content”), is a third party user generated content and TopSublimation.in  has no control over such third party user generated content as TopSublimation.in  is merely an intermediary for the purposes of this Terms of Use.

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any another computer, server, Website or another medium for publication or distribution or for any commercial enterprise, without the company’s express prior written consent.

You may use the information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove any proprietary notice language

age in all copies of such documents, (2) 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, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

You shall be responsible for any notes, messages, emails, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Website (collectively, “Content”). Such Content will become Us 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 agree that any Content You post may be used by us, consistent with Our Privacy Policy and Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Privacy

We view protection of Your privacy as a very important principle. We understand clearly that You and You’re Personal Information is one of Our most important assets. We store and process Your Information including any sensitive financial information collected (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 in accordance with Information Technology Act 2000 and Rules there under. Our current Privacy Policy is available at Privacy. If You object to Your Information being transferred or used in this way please do not use Website.

We may disclose personal information to third parties. This disclosure may be required for us to provide you access to our Services, to comply with our legal obligations, to enforce our User Agreement, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

We may disclose personal information if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or another legal process. We may disclose personal information to law enforcement offices, third party rights owners, or others in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public.

Disclaimer of Warranties and Liability

This Website, all the materials, and products (including but not limited to software) and services, included on or otherwise made available to You through this site 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 foregoing paragraph, TopSublimation.in  does not warrant that:

This Website will be constantly available, or available at all; or

The information on this Website is complete, true, accurate or non-misleading.

TopSublimation.in  will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. TopSublimation.in  does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us is free of viruses or other harmful components.

Nothing on Website constitutes or is meant to constitute advice of any kind. All the Products sold on Website are governed by the state laws and if the company is unable to deliver such Products due to implications of different state laws, the company will return or will give credit for the amount (if any) received in advance by the company from the sale of such The the product that could not be delivered to You.

You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication 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.

Services

Payment

While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

1.    Lack of authorization for any transaction/s, or

2.    Exceeding the preset limit mutually agreed by You and between “Bank/s”, or

3.    Any payment issues arising out of the transaction, or

4.    The decline of transaction for any other reason/s

All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. Website will not facilitate the transaction with respect to any other form of currency with respect to the purchases made on Website.

Before shipping / delivering your order to you, Company may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment the instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Users.

Further:

1.    Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartite contractual obligations between Buyer and company and payment facility is merely used by the Buyer and COMPANY to facilitate the completion of the Transaction. Use of the payment facility shall not render TopSublimation.in  liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on TopSublimation.in Website.

2.    You have specifically authorized TopSublimation.in  or its service providers to collect, process, facilitate and remit payments and/or the Transaction Price electronically or through Cash on Delivery to and from other Users in respect of transactions through Payment Facility. Your relationship with TopSublimation.in  is on a principal, to principal basis and by accepting these Terms of Use you agree that TopSublimation.in  is an independent a contractor for all purposes, and does not have control of or liability for the products or services that are listed on TopSublimation.in website that is paid for by using the Payment Facility. TopSublimation.in  does not guarantee the identity of any User nor does it ensure that a Buyer or a company will complete a transaction.

3.    You understand, accept and agree that the payment facility provided by TopSublimation.in  is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the TopSublimation.in  Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing the Payment Facility, TopSublimation.in  is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.

Payment Facility for Buyers:

You, as a Buyer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the company to purchase the products and /or services from the company using the Payment Facility and You shall pay the Transaction Price through Your Issuing Bank to the company using the Payment Facility.

You, as a Buyer, may agree with the company through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension/increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such an extent. Any such extension/increase of Dispatch / Delivery time or subsequent novation/variation of the Transaction should be in compliance with Payment Facility Rules and Policies.

You, as a Buyer, shall electronically notify Payment Facility using the appropriate TopSublimation.in  Website features immediately upon Delivery or non-delivery within the time period as provided in Policies. Nonnotification by You of Delivery or non-delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Buyer is not required to confirm the receipt of products or services.(This facility is not available at present however the condition is applied if service is provided in future). In case of delivery or non-delivery, please inform us at Ambitiongifts@gmail.com within 3 working days from the promised delivery date.

As a buyer, you are not eligible for any refund in case delays caused by the courier partners. As a Company company is only liable for delays in the order dispatch time. Once the dispatch is done you are notified electronically through email or SMS which included tracking Id. Courier partners may change in the future based on the contracts with the company Company.

Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.

For electronic payments, the refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI). Refund is always chargeable in all cases and charges may vary based on the scenarios. Minimum charges deducted in case of refund is 5%.

EXPLAINED SCENARIOS:

1.    Ordered wrong product: 0%

2.    Mistakenly ordered:40%

3.    I am not available on the delivery location: 20%

Please read the terms and conditions of the return in the help center for more insight.

Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund.

Refund shall be conditional and shall be with recourse available to TopSublimation.in  in case of any misuse by Buyer.

We may also request you for additional documents for verification.

Refund shall be subject to Buyer complying with Policies.

1.    TopSublimation.in  reserves the right to impose limits on the number of Transactions or Transaction Price which TopSublimation.in  may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.

2.    TopSublimation.in  reserves the right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with TopSublimation.in  or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

3.    TopSublimation.in  may do such checks as it deems fit before approving the receipt of/Buyers commitment to pay (for Cash On Delivery transactions) Transaction Price from the Buyer for security or other reasons at the discretion of the Company. As a result of such a check if TopSublimation.in  is not satisfied with the creditability of the Buyer or genuineness of the Transaction or other reasons at its sole discretion, TopSublimation.in  shall have the right to reject the receipt of / Buyers commitment to pay Transaction Price. For the avoidance of doubt, it is hereby clarified that the ‘Cash on Delivery’ feature for payment, may be disabled for certain account users, at the sole discretion of the Company.

4.    TopSublimation.in  may delay notifying the payment confirmation i.e. informing company to Dispatch, if TopSublimation.in  deems suspicious or for Buyers conducting high transaction volumes to ensure the safety of the Transaction and Transaction Price. In addition, TopSublimation.in  may hold Transaction Price and TopSublimation.in  may not inform Company to Dispatch or remit Transaction Price to law enforcement officials (instead of refunding the same to Buyer) at the request of law enforcement officials or in the event the Buyer is engaged in any form of illegal activity.

5.    The Buyer and company acknowledge that TopSublimation.in  will not be liable for any damages, interests or claims, etc. resulting from not processing a Transaction/Transaction Price or any delay in processing a Transaction/Transaction Price which is beyond the control of the Company.

Compliance with Laws:

1.    As required by applicable law, if the Customer makes a purchase of an amount equal to or above INR 2 00 000.00, the Customer will be required to upload a scanned copy of his/her PAN card on the Platform, within 4 days of making the purchase, failing which, the purchase made by the Customer will be canceled. The requirement to submit the PAN card arises only once and if it has been submitted once by the Customer, it need not be submitted again. The order of the Customer shall stand canceled if there is a discrepancy between the name of the Customer and the name on the PAN Card.

2.    Buyer and company shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made thereunder, Foreign Contribution Regulation Act, 1976 and the rules made thereunder, Income Tax Act, 1961 and the rules made thereunder, Export-Import The policy of the government of India) applicable to them respectively for using Payment Facility and TopSublimation.in  Website.

Buyer’s arrangement with Issuing Bank:

1.    All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

2.    All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which supports Payment Facility to provide these services to the Users. All such as Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

Indemnity

You shall indemnify and hold harmless Topsublimation, its owner, licensee, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or the 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.

Applicable Law

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bangalore.

Jurisdictional Issues/Sale in India Only

Unless otherwise specified, the material on the Website is presented solely for the purpose of sale in India. TopSublimation.in  make no representation that materials in the Website are appropriate or available for use in other locations/Countries other than India. Those who choose to access this site from other locations/Countries other than India do so on their own initiative and TopSublimation.in  is not responsible for the supply of products/refund for the products ordered from other locations/Countries other then India, compliance with local laws, if and to the extent local laws are applicable.

Trademark, Copyright and Restriction

This site TopSublimation.in is controlled and operated by Company and products are sold by the Company. All material on this site, including images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights that belong to Silhouette America- The manufacturer of the products sold on the site. Material on Website is solely for Your personal, non-commercial use. If you are a bulk buyer please visit the other website COMPANY.COM and get in touch with the bulk selling team. You must not 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 and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks, and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

TopSublimation.in  respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to TopSublimation.in  at Ambitiongifts@gmail.com

Product Description

TopSublimation.in do not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.

Limitation of Liability

IN NO EVENT SHALL TOPSUBLIMATION.IN  BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website.

Grievance officer

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

Mr. Rajesh Kumar Gupta

Address: 47 first Floor Rani Jhansi Road, Jhandewalan

New Delhi- 110055

Time: Mon-Sat (9:00 – 18:00)

Email: ambitiongifts@gmail.com

POLICIES

Profanity Policy

TopSublimation.in  prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area.

This policy extends to text within listings, on pages and all other areas of the site that another User may view as S** or F***. We do not use such terms in any of our listings.

Please report any violations of this policy to the correct area for review:

·         Report offensive Display Names

·         Report offensive language in a listing or otherwise

If a feedback comment; or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contain profanity, please review Our feedback removal policy and submit a request for action/removal.

Disciplinary action may result in the indefinite suspension of a User’s account, temporary suspension, or a formal warning.

TopSublimation.in  will consider the circumstances of an alleged policy violation and the user’s trading records before taking action.

Violations of this policy may result in a range of actions, including:

1.    Limits placed on account privileges;

2.    Loss of special status;

3.    Account suspension.

TopSublimation.in  shall have the right to delete a product review posted by the customer at its sole discretion, if it is of the opinion that the review contains offensive language as stated above. Further, if TopSublimation.in  is of the opinion that the review unfairly either: (i) causes disadvantage to a product; or (ii) increases the popularity of the product, TopSublimation.in  shall have the right to delete the customer review. TopSublimation.in  shall also, at its sole discretion have the right to blacklist the customer from posting any further customer reviews.

Replacement Guarantee*

The Replacement Guarantee seeks to assist Buyers who have been defrauded by the company or topsublimation.in. If at the time of delivery and/or within specified days from the date of delivery of the product/s, if any the defect is found, then the buyer of the product/s can ask for replacement of the product/s from the company.

If TopSublimation.in  has suspicion or knowledge, that any of its buyers are involved in any activity that is intended to provide claims or information that is false, misleading or not genuine, then TopSublimation.in  may while reserving its rights to initiate civil and/or criminal proceedings against User may also at its sole discretion suspend, block, restrict, cancel the Display Name of such buyer and /or disqualify that User and any related Users from availing protection through this program.

TopSublimation.in  reserves its right to initiate civil and/or criminal proceedings against a User who files an invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, TopSublimation.in  may at its sole discretion suspend, block, restrict, cancel the Display Name and its related Display Names] of such User and/or disqualify that User and any related Users from availing protection through this program. Any person who, knowingly and with intent to injure, defraud or deceive, files a Fraudulent Complaint containing false, incomplete, or misleading information may be guilty of a criminal offense and will be prosecuted to the fullest extent of the law.

For more details related to Replacement Policy, refer to cancellation-returns

Returns Policy

Definition: ‘Return’ is defined as the action of giving back the item purchased by the Buyer to the Company on the TopSublimation.in  website. Following situations may arise:

1.    Products was/were missing

2.    The Wrong item was sent by the Company.

The return could also result in a refund of money in most of them cases with applicable return fine.

Points to be noted:

1.    The company can always accept the return irrespective of the policy.

2.    If the company disagrees a return request, Buyer can file a dispute by sending an email at Ambitiongifts@gmail.com and we shall return to you with a valid reason for rejection of the return or replacement request raised by the user.

3.    We encourage the Buyer to review the products and listings before making the purchase decision. In case of Buyer orders a wrong item, Buyer shall not be entitled to any return/refund.

Buyer needs to raise the return request within the return period applicable to the respective product. Once Buyer has raised a return request by contacting Us on Our telephone Number. Company shall verify the request based on the genuinity of the case and proceed to collect the delivered item and refund the amount as applicable.

What is a ‘dispute’?

A ‘Dispute’ can be defined as a disagreement between a Buyer and a Company in connection with a transaction on the Website.

How does a ‘dispute’ occur in the Marketplace?

Disputes are filed as a result of a disagreement between the Buyer and the Company. Disputes arise out of an issue that is raised by either party not being completely satisfied with the resolution of their complaint/issue.

It is important that before a Buyer/Company raises a dispute, they should attempt to solve the issue. Please note that whenever a Buyer raises a dispute, the payment and delivery of the particular order is put on hold until the issue is resolved.

How is a ‘dispute’ created?

Whenever there is a disagreement, the Buyer can write to Ambitiongifts@gmail.com, in order to raise a dispute. Disputes can be raised at a particular transaction level.

What are the various types of ‘disputes’?

Following are the indicative examples of potential disputes:

1.    Wrong item received

2.    Item Not as described

3.    Damaged or Seal broken on Product

4.    Part/Accessory missing

5.    Item not Compatible

6.    Description/Specification Wrong

7.    Defective (Functional issues)

8.    Product not working and Manufacturer claims invalid Invoice

In case the Company rejects the return request of the Buyer, and Buyer raises a dispute, then the company will try to resolve the dispute in good faith. If the dispute is resolved in favor of the Buyer, a refund is provided once the product is returned to the Company in good condition. If the dispute is settled in favor of the Company, Buyer is not entitled to any refund.

TopSublimation.in  does not take responsibility or liability for the actions, products, content, and services on the Website, which are linked to Affiliates and/or third party websites using Website’s APIs or otherwise. We have no affiliate programs running for now.

Contacting the Company:

At TopSublimation.in  we are committed to ensuring that disputes between the company and buyers are settled amicably by way of the above dispute resolution mechanisms and procedures. However, in the event that a buyer wishes to contact the company, he/ she may proceed to do so by accessing the company related information made available by the company on their product listing pages if any. Alternatively, the buyers may also reach out to the customer support at 011 41563389 or access support on the customer care page on www.topsbilimation.in

TopSublimation.in  Terms of Use

This document is an electronic record in terms of Information Technology Act, 2013 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This an 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.TopSublimation.in website.

The domain name www.TopSublimation.in (hereinafter referred to as “Website”) is owned by Company under the Companies Act, 1956 with its registered office at 47 first floor, Rani Jhansi Road, Jhandewalan, New Delhi, India (hereinafter referred to as “Company or The company”).

Your use of the Website and services and tools are governed by the following terms and conditions ( “Terms of Use” ) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Company and these terms and conditions including the policies constitute Your binding obligations, with Company or the website topsublimation.in

For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any the natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using computer systems. TopSublimation.in  allows the User to surf the A website without registering on the Website, however, to place an order user needs to register. The term “We”, “Us”, “Our” shall mean TopSublimation.in  or the owner company Company.

When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. 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. It is Your responsibility to review these Terms of Use periodically for updates/changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by TopSublimation.in  Policies ((including but not limited to Privacy Policy available at Privacy) as amended from time to time.

Membership Eligibility

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 you are a minor i.e. under the age of 18 years, you shall not register as a User of the TopSublimation.in  website and shall not transact on or use the website. As a minor, if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. TopSublimation.in  reserves the right to terminate your membership and/or refuse to provide you with access to the Website if it is brought to Ambitionsgift’s notice or if it is discovered that you are under the age of 18 years.

Your Account and Registration Obligations

If You use the Website, 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 or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide You with access to the Website.

Communications

When You use the Website or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

A platform for Transaction and Communication

The Website is a platform that Users utilize to meet and interact with one another for their transactions. TopSublimation.in  is not and cannot be a party to or control in any manner any transaction between the Website’s Users.

Henceforward:

1.    All commercial/contractual terms are offered by and agreed to between Buyers and Companys alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after-sales services related to products and services. All discounts, offers (including exchange offers) are subject to change at any given time without prior notice.

2.    TopSublimation.in  does not make any representation or Warranty as to specifics (such as quality, value, scalability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Website. TopSublimation.in  does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Website. TopSublimation.in  accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

3.    TopSublimation.in  does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Website and use Your best judgment in that behalf.

4.    TopSublimation.in  does not at any point of time during any the transaction between Buyer and Company on the Website come into or take possession of any of the products or services offered by the company nor does it at any point gain title to or have any rights or claims over the products or services offered by the company to Buyer.

5.    All items purchased from the website would be delivered by the carrier on behalf of such buyers. Delivery  or any courier service  the company joins hands with, with our without any contract  will act as the carrier for the buyers. Therefore, the risk of loss and title for such items pass on to the buyers upon the delivery to the carrier by the company and in the event there is any damage or loss caused to the goods during shipment, then a claim may be made to the courier partner as the carrier for any sort of compensation

For arranging the transportation for the buyer, the company has the liberty to charge the buyers a delivery fee.;

6.    At no time shall TopSublimation.in  hold any right, title or interest over the products nor shall TopSublimation.in  have any obligations or liabilities in respect of such contract entered into between Buyers and company. TopSublimation.in  is not responsible for the unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

7.    The Website is only a platform that can be utilized by Users to buy silhouette America products or services. TopSublimation.in  is only providing a platform for communication and it is agreed that the contract for the purchase of any of the products or services shall be a strictly bipartite the contract between the Company and the Buyer.

At no time shall TopSublimation.in  hold any right, title or interest over the products nor shall TopSublimation.in  have any obligations or liabilities in respect of such contract.

TopSublimation.in  is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

1.    You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance, etc. with the Company(s) that You transact with.

Disclaimer: Pricing on any product(s) as is reflected on the Website may due to some technical the issue, typographical error or product information published by Company may be incorrectly reflected and in such an event company may cancel such your order(s).

1.    You release and indemnify TopSublimation.in  and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, TopSublimation.in  cannot take responsibility or control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website.

Charges

Membership on the Website is free for buyers. TopSublimation.in  does not charge any fee for browsing and buying on the Website. TopSublimation.in  reserves the right to change its Fee Policy from time to time. In particular, TopSublimation.in  may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event TopSublimation.in reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Company through authorized payment gateway partners.

Use of the Website

You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:

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

(a) belongs to another person and to which You does not have any right to;

(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, 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, or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

(c) is misleading in any way;

(d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

(e) harasses or advocates harassment of another person;

(f) involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(h) 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];

(i) promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright Complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

(j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

(l) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;

(m) contains video, photographs, or images of another person (with a minor or an adult).

(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

(o) engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Website. Throughout this Terms of Use, Ambition’s prior written consent means a communication coming from Ambitiongift’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;

(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;

(q) interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services;

(r) refers to any website or URL that, in Our sole discretion contains material that is inappropriate for the Website or any other website contains content that would be prohibited or violates the letter or spirit of these Terms of Use.

(s) harm minors in any way;

(t) 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;

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

(v) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

(w) impersonate another person;

(x) 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 the value of, surreptitiously intercept or expropriate any system, data or personal information;

(y) threatens the unity, integrity, defense, security or the sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.

(z) 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 Us or cause us to lose (in whole or in part) the services of Our internet service the provider (“ISPs”) or other suppliers

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