Terms & Conditions
Welcome to thecatspajama.com, a service provided by Jet Tech Pvt. Ltd. By using thecatspajama.com service(s) you are deemed to have accepted the terms and conditions listed below.
All products/services and information displayed on thecatspajama.com constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. thecatspajama.com reserves the right to accept or reject your offer. If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order and email you again to confirm details and therefore process the order. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of thecatspajama.com prior to the actual dispatch of the product(s) ordered will constitute acceptance of your offer. The sale of product(s) by thecatspajama.com to you shall be complete when goods are delivered to you or to transport agent/courier agency.
2. MEMBERSHIP ELIGIBILITY
a. thecatspajama.com makes no representation that any product(s) or service(s) referred to in the materials on this website are appropriate for use or available outside India.
b. Those who choose to access this site from outside India are responsible for compliance with local laws if and to the extent local laws are applicable.
c. thecatspajama.com does not discriminate on the basis of age, gender, race, religion, caste, class, lifestyle preference or nationality.
3. ACCOUNT AND REGISTRATION OBLIGATIONS
a. "Your Information" is defined as any information you provide to us in the registration, buying or listing process, in the feedback area or through any e-mail feature.
c. If you use the site you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or Password.
d. thecatspajama.com shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
e. If you know or suspect that, someone else knows your password you should notify us by contacting us immediately through the address provided below.
f. If thecatspajama.com has reason to believe that there is likely to be a breach of security or misuse of the thecatspajama.com site, we may require you to change your password or we may suspend your account without any liability to thecatspajama.com
g. You will be required to enter a valid phone number and email id while placing an order or registering on the Website. By registering your phone number and email id with us, you consent to be contacted by us via emails, phone calls and / or SMS notifications.
h. You also agree to: (i) Provide true accurate current and complete information about yourself as prompted by The Cat’s Pajama registration from (such information being the "Registration Data") (ii) Maintain and promptly updated the registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete or not current or if thecatspajama.com has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the user agreement; thecatspajama.com has the right to indefinitely suspend or terminate your membership
5. PRICING INFORMATION
a. While thecatspajama.com strives to provide accurate product and pricing information, pricing or typographical errors may occur. thecatspajama.com cannot confirm the price of a product until after you order.
b. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, thecatspajama.com shall have the right at our sole discretion, to refuse or cancel any orders placed for that product, unless the product has already been dispatched.
6. CANCELLATION POLICY
CANCELLATION BY thecatspajama.com
Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right at our sole discretion to refuse or cancel any order for any reason. Some situations that may result in your order being canceled include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/bank account has been charged the said amount will be reversed back in your in your Card Account. The customer agrees not to dispute the decision made by The Cat’s Pajama and accept The Cat’s Pajama’s decision regarding the cancellation. Products once dispatched cannot be returned except when an approval has given through email@example.com.
Cancellation in COD Cases:
We appreciate if you inform us in advance in case you do not wish to accept the COD order so that we do not dispatch the order and save on the courier cost and the effort. Please note: Repeated refusal of COD orders might lead to withdrawal of COD facility from your account without any prior intimation. The customer agrees not to dispute the decision made by The Cat’s Pajama and accept The Cat’s Pajama decision regarding the cancellation.
7. CREDIT CARD DETAILS
a. You agree, understand and confirm that the credit card details provided by you for availing of services on thecatspajama.com will be correct and accurate and you shall not use the credit card which is not lawfully owned by you i.e. in
a credit card transaction you must use your own credit card.
b. You further agree and undertake to provide the correct and valid credit card details to thecatspajama.com
c. Further, the said information will not be utilized and shared by thecatspajama.com with any of the third parties unless required by law regulation on court order.
d. thecatspajama.com will not be liable for any credit card fraud. The liability for use of a card fraudulently will be on you and the onus to prove otherwise shall be exclusively on you.
8. FRAUDULENT /DECLINED TRANSACTIONS
a. thecatspajama.com reserves the right to initiate legal proceedings against such persons for fraudulent use of the site and any other unlawful acts or acts or omissions in breach of these terms and conditions.
b. thecatspajama.com reserves the right to recover the cost of goods collection charges and lawyers fees from persons using the site fraudulently
9. ELECTRONIC COMMUNICATIONS
a. When you visit the Site or send emails to us, you are communicating with us electronically.
b. You consent to receive communications from us electronically
c. We will communicate with you by email, SMS's or by posting notices on the Site.
d. 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
l. You acknowledge, consent and agree that thecatspajama.com may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to Comply with legal process
a. Enforce the Terms of service
b. Respond to claims that the content violates the right of the supplier
c. Respond to rights for customer service or
d. Protect the right, property or personal safety of thecatspajama.com its users and the public
11. YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:
a. Gaining unauthorized access to other computer systems
b. Interfering with any other person's use or enjoyment of the Site.
c. Breaching any applicable laws
d. Interfering or disrupting networks or web sites connected to the site. e. Making, transmitting or storing electronic copies of materials protected by copyright without permission of the owner.
12. COLORS & ADVERTISING TRAILERS
a. We have made every effort to display the colors of our products that appear on the Site as accurately as possible. However as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
b. We have displayed the Advertising trailers in our invitation and on our site. These advertising trailers produced by us are for the promotion of the sale of the products offered by us on our site. However, the actual colors and the produced advertising trailers you see will depend on your monitor and your computer's technical condition. We cannot guarantee that your monitor's display of any color of the advertisement will be accurate.
13. MODIFICTION OF TERMS AND CONDITIONS OF SERVICE
a. thecatspajama.com may at any time modify the User Agreement without any prior notification to you. Subsequent to any modification of the User Agreement we will inform you of the modifications in the User Agreement via e-mail at the address provided by you while registering on thecatsajama.com.
b. You can access the latest version of the User Agreement at any given time on thecatsajama.com. You should regularly review the Use Agreement on thecatsajama.com.
c. In the event the modified User Agreement is not acceptable to you, you should discontinue using the service. However if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Use Agreement.
14. GOVERNING LAW AND JURISDICTION
a. The Use Agreement shall be construed in accordance with the applicable laws of India.
b. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.
c. Any dispute or difference either in interpretation or otherwise of any terms of this User Agreement between the parties here to same shall be referred to an independent arbitrator who will be appointed by the company Jet Tech Pvt. Ltd. and his/her decision shall be final and binding on the parties hereto.
d. The above arbitration shall be in accordance with the Arbitration and Conciliation Act. 1996 as amended from time to time. The arbitration shall be held in Delhi. The High court of judicature at Delhi alone shall have the jurisdiction and the Laws of Indian shall apply.
15. REVIEWS, FEEDBACK, SUBMISSIONS
a. All reviews, comments feedback postcards suggestion ideas and other submissions disclosed, submitted or offered to thecatsajama.com or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (Collectively the "Comments") shall be and remain thecatsajama.com property. Such disclosure submission or offer of any Comments shall constitute an assignment to thecatsajama.com of all worldwide rights titles and interests in all copyrights and other intellectual properties in the Comments.
b. Thus thecatsajama.com owns exclusively all such rights, titles and interest and shall not be limited in any way in its use commercial or otherwise of any Comments thecatsajama.com will be entitled to use reproduce, disclose, modify, adapt, create, create derivative works from publish display and distribute any Comments you submit for any purpose whatsoever without retraction and without compensating you in any way. thecatsajama.com is and shall be under no obligation.
c. To maintain any Comments in confidence
d. To pay you any compensation for any Comments or
e. To respond to any Comments
f. You agree that any Comment submitted by you to the Site will not violate this policy or any right of any third party including copyright trademark privacy or there personal or propriety right(s), and will not cause injury to any person or entity.
g. You further agree that no Comments submitted by you to the site will be or will contain libelous or otherwise unlawful threatening abusive or obscene material or contain software viruses’ political campaigning commercial solicitation chain letters mass mailings or any form of "spam".
h. thecatsajama.com does not regularly review posted Comment but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant thecatsajama.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address impersonate any person or entity. Or otherwise mislead as to the origin of any Comments you submit you are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify thecatsajama.com and its affiliates for all claims resulting from any Comments you submit thecatsajama.com and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
16. COPYRIGHT & TRADEMARK
a. All reviews, comments feedback postcards suggestion ideas and other submissions disclosed, submitted or offered to thecatsajama.com or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (Collectively the "Comments") shall be and remain thecatsajama.com property. Such disclosure submission or offer of any Comments shall constitute an assignment to thecatsajama.com of all worldwide rights titles and interests in all copyrights and other intellectual properties in the Comments. non-commercial use is prohibited without the permission of thecatsajama.com You may not modify, distribute or re-post anything on this website for any purpose.
b. The thecatsajama.com names and logos and all related product and service names design marks and slogans are the trademarks or service marks of the Jet Tech Pvt. Ltd. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials constrained on this Site Access to this Site does not authorize anyone to use any name logo or mark in any manner.
c. All materials including images text illustration designs, icon, photographs programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively the "Contents") are intended solely for personal non-commercial use.
d. You may download or copy the Contents any other downloadable materials displayed on the Site for your personal use only. e. No right title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.
f. You may not reproduce (except as noted above) publish, transmit, distribute display, modify, create derivative works from sell or participate in any sale of or exploit in any way, in whole or in part any of the Contents, of the Site or any related software.
g. All software used on this Site is the property of thecatsajama.com or its suppliers and protected by Indian and international copyright laws.
h. The Contents and software on this Site may be used only as a shopping resource any other use including the reproduction modification distribution, transmission, republication, display, or performance of the Contents on this Site is strictly prohibited Unless otherwise noted all Contents are copyrights trademarks trade dress and/or other intellectual property owned, controlled or licensed by thecatsajama.com one of its affiliates or by suppliers who have licensed their materials to thecatsajama.com and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Contents on this Site is the exclusive property of thecatsajama.com and is protected by Indian and international laws.
17. OBJECTIONABLE MATERIAL
You understand that by using this Site or any services provided on the Site. You encounter Content that may be deemed by some to be offensive indecent or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law thecatsajama.com and its affiliates shall have no liability to you for Content that may be deemed offensive indecent or objectionable to you.
You agree to defend indemnify and hold harmless thecatsajama.com, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions which may result in any loss of liability to thecatsajama.com or any supplier including but not limited to breach of any warranties, representations or undertakings or in relation to limited to fulfillment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to intellectual property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
a. This User Agreement is effective unless and until terminated by either you or thecatsajama.com.
b. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site thecatsajama.com may terminate this User Agreement at any time and may do so immediately without notice such termination will be without any liability to thecatsajama.com.
c. Upon any termination of the User Agreement by either you or thecatsajama.com you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the Use Agreement or otherwise thecatsajama.com's right to any Comments shall survive any termination of this User Agreement.
d. Any such termination of there User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the user Agreement.
e. You agree that thecatsajama.com may, under certain circumstances and without prior notice, immediately terminate your thecatspajama.com account, any associated email address, and access to the Service; Cause for such termination shall include, but not be limited to:
1. Breaches or violations of the Terms of Service or other incorporated agreements or guidelines.
2. Request by law enforcement or other government agencies.
3. A request by (self-initiated account deletions)
4. Discontinuance or material modification to the Service (or any part thereof)
5. Unexpected technical or security issues or problems, and
6. Extended periods of inactivity.
f. Termination of your account includes.
1. Deletion of your password and all related information, files and content associated with or inside your account (or any part thereof) and
2. Barring further use of the Service.
g. Further, you agree that all terminations for cause shall be made in thecatsajama.com sole discretion and that thecatspajama.com hall not be liable to you or any third party for any termination of your account any associated email address or access to the Service.
20. LIMITATON OF LIABILITY AND DISCLAIMERS
a. You use of the service is at your sole risk. The service is provide on an "as is" and "as available" basis. thecatsajama.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You must bear the risks associated with the use of the Site.
b. The Site provides content from other internet sites or resources and while thecatsajama.com tries to ensure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility if this is not the case thecatsajama.com will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site.
c. This disclaimer does not apply to any product warranty offered by the supplier/manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential party of this Use Agreement.
d. To the fullest extent permitted under applicable law thecatsajama.com or its suppliers shall not be liable for any indirect incidental social, incidental, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill use, date or other intangible losses arising out of or in connection with the Site its serviced or this User Agreement.
e. Without prejudice to the generality of the section above the total liability of thecatsajama.com to you for all liabilities arising out of this User Agreement in tort or contract is limited to the value of the product ordered by you.
f. thecatsajama.com, its associated and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software text, graphics links or communications provide on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, thecatsajama.com assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site, and/or any interruption or errors in the operation of the Site.
g. No advice or information, whether oral or written, obtained by you from thecatsajama.com or through or from the service shall create any warranty not expressly stated in the term of service.
h. A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have and epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service - dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
21. MODIFICATIONS TO SERVICE
thecatsajama.com reserves the right at any time and from to time modify or discontinue, temporarily or permanently, the service (or any part thereof without notice. You agree that thecatsajama.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Please report any violations of the Terms of Service to our Customer Care team or mail to support@Thecatspajama.com.
23. SITE SECURITY
Please report any violations of the Terms of Service to our Customer Care team or mail to support@Thecatspajama.com
1. Accessing data not intended for you or logging onto a server or an account, which you are not authorized to access.
2. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
3. Attempting to interfere with service to any other user host or network including without limitation, via means of submitting
a virus to the Site overloading, "flooding." "Spamming," "mail bombing" or "crashing."
4. Sending unsolicited email, including promotions and/or advertising of products of services or
5. Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
b. Violations of system or network security may result in civil or criminal liability. thecatsajama.com will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
c. You agree not to use any device software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
d. You agree, further, not to use or attempt to use any engine software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from thecatsajama.com on this Site and other than generally available third party web browsers (e.g. Microsoft Explorer, Mozilla Firefox, Google Chrome etc.).
24. ENTIRE AGREEMENT
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein this agreement constitutes the entire agreement between you and thecatsajama.com with respect to the thecatsajama.com sites/services and it supersedes all prior or contemporaneous communications and proposals whether electronic, oral or written, between you and thecatsajama.com with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
Any clause of terms and conditions if deemed invalid, void or for any reason unenforceable, shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of the terms and conditions.
25. BONUS/CREDIT NOTE/GIFT VOUCHER USAGE POLICY
a. Bonus/Purchase Credit is issued at the sole discretion of thecatsajama.com, a unit of Jet Tech Pvt Ltd. The company retains the right to revoke, modify and/or alter them as it may deem fit. The decision made by thecatsajama.com in connection with or incidental to Bonus/Credit Note/Gift Voucher is final and shall be bindings
b. Only one bonus/gift voucher can be used against one particular transaction. No clubbing is allowed
c. More than one credit note can be clubbed together and used against one transaction. However, it may be noted that the responsibility of selecting the credit note(s) to be used against the transaction lies with the customer.
d. Bonus/Gift Voucher usage is restricted to certain products and/or categories and this clause is subject to change from time to time without prior notification.
e. The company will issue Bonus/Gift Voucher from time to time under various promotions. Members who are eligible for these Bonuses/Gift Vouchers will be intimated about the same via email, text alert and/or on site messaging.
f. All Bonus/Gift Voucher/Credit Note will expire after a set time and can be used as per the usage defined. This information would be communicated to members and will be visible under their "My Credit" section.
g. Bonus/Gift Voucher/Credit Note can be redeemed against purchase(s) on site. However, the terms and conditions as given in clause 10 shall apply in such cases. The customer will get the discount on Sale price as per the applicable Bonus Credit & Usage.
h. The Bonus/Gift Voucher amount will not be given back in any form due to cancellation of order (irrespective of the reason of cancellation), after the expiration date.
i. In case of partial cancellation, the Bonus/Gift Voucher amount will be prorated against the actual value of the item(s) being shipped. The residual Bonus/Gift Voucher amount will not be reverted back to the account. Settlements for all such orders will be made as per the existing terms and conditions.
j. Credit Note will be issued against order cancellation or return (for which payment has been received) as per the existing terms and conditions, and will be valid for a period of 90 days from the issue date.
k. Credit Note can be redeemed against purchase(s) on site in full against the value of merchandise being ordered. Please note that Credit Note cannot be used to pay for Shipping/ COD/ Convenience charges.
l. Action(s) intended to fraudulently gain bonus Credit under any promotional scheme or otherwise will result in cancellation of Bonus/ Gift Voucher and/or termination of account.
m. Any issue(s) arising with redemption of Bonus/ Gift Voucher/ Credit Note will be dealt on a case to case basis. The final decision rests with the company.
n. This policy is subject to change from time to time without prior notices.
o. In case of any query pertaining to use of Bonus/ Gift Voucher/ Credit Note, please email customer care on firstname.lastname@example.org