Your (“user” or “you”) use of the Crayboard (the “Platform”) which is owned and operated by
Crayboard Private Limited having its registered office at
D-4401, Floor 44, Ashok Tower, 63/74, Dr. S. S. Rao Marg, Parel, Mumbai 400012, Maharashtra,
India and/or its affiliates (“Company” or “we” or “us”) will be governed by the Terms of Use.
By using this Platform and any of its pages, the user agrees to and shall abide by all of the Terms
of Use set forth below which shall be binding on you, your heirs, executors, administrators and/or
assigns. If you do not agree to any of the terms of use mentioned herein, you are advised not to
use this Platform.
The Terms of Use is subject to change at any time without notice. The Company reserves all rights
to change, modify, update, or alter the Terms of Use (“update”) at any point of time with or
without notifying you. Your continued use of the Platform means that you accept any updated
Terms of Use that we publish. If you do not wish to accept any update to the Terms of Use, then
you shall immediately stop accessing and/or using the Platform. To make sure you are aware of
any changes, please review the Terms of Use page periodically
1. USER ELIGIBILITY AND SECURITY
You confirm that you are above 18 years of age and are able to form a legally binding contract
under the Indian Contract Act, 1872. If you do not qualify, you are not permitted to use the
Platform.
You are responsible for maintaining the confidentiality of your profile including login ID and
password and you shall be responsible for all activities that occur under your profile. You agree
that if you provide any information that is untrue, inaccurate, not current or incomplete, we shall
have the right to indefinitely suspend or terminate or block access of your membership on the
Platform.
2. PRIVACY POLICY
The use of our Platform is also governed by our Privacy Policy. This Privacy Policy explains how
we collect, use, and safeguard the information (including sensitive personal information) of the
users downloading or accessing our online marketplace software application. If you object to your
information being transferred or used, please do not use the Platform.
3. SCOPE OF SERVICES
You agree, understand and acknowledge that we are a marketplace e-commerce entity enabling
users to purchase and gift original merchandise and services (collectively, “Products”) from
various brands across several categories (“Sellers”). The Products can be purchased through the
Platform through various methods of payments offered. The sale/purchase of products shall be additionally governed by specific policies of sale, like cancellation policy, exchange policy, return
policy, etc. of the Sellers (which are found on the FAQ tab on the Platform and all of which are
incorporated here by reference). You further agree and acknowledge that the Company is only a
facilitator therefore the contract of sale of Products on the Platform shall be a strictly between
the User and the Sellers.
We do not warrant that Product description or other content through the Platform is accurate,
complete, reliable, current, or error-free and assume no liability in this regard.
You expressly agree and acknowledge that:
• All commercial/contractual terms are offered by and agreed to between you and the Sellers
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 after sales services related to Products. The Company 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 you and the Sellers.
• The Company does not make any representation or warranty as to specifics (such as quality,
value, salability, etc.) of the Products proposed to be sold or offered to be sold or
purchased through the Platform.
• The Company is not responsible for any non-performance or breach of any contract
entered into between you and the Sellers. The Company cannot and does not guarantee
that the concerned user and Sellers will perform any transaction concluded on the
Platform.
• At no time shall the Company hold any right, title or interest over the Products, nor shall
the Company have any obligations or liabilities in respect of such contract entered into
between you and the Sellers.
• The Company is only a platform that can be utilized by users to reach a larger base to buy
and sell Products. The Company is only providing a facilitation platform for
communication and it is agreed that the contract for sale of any of the Products shall be
a strictly bipartite contract between the Sellers and the user.
• The Company 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.
• Pricing on any Product(s) as is reflected on the Platform may due to some technical issue,
typographical error or Product information published by Seller may be incorrectly
reflected and in such an event Seller may cancel such your order(s).
4. INTELLECTUAL PROPERTY
All the content and information provided on the Platform in any form and capable of being stored
on a computer that appears on, or forms part of, including its trademarks, information related to
any services, contact details, graphics, functions and other materials available, whether publicly
posted or privately transmitted as well as all derivative works thereof; including the Platform’s
design structure and compilation and all content such as text, images, audio, video, scripts, code, documents, databases and the source code (“content”), belongs to the Company and/or its
content partners or licensors.
5. RESTRICTIONS AND PERMISSIONS ON USE
You agree that you will use the Platform for lawful purposes only. You will not use the Platform
in any way that causes, or is likely to cause, the Platform to be interrupted, damaged or impaired
in any way. You will not use the Platform for any of the following:
• to place false or misleading information on the Platform;
• disguise the origin of information transmitted through the Platform or disclose any
information that you do not have the consent to disclose;
• promoting illegal activities or conduct that is abusive, threatening, obscene, defamatory or
libellous
• infringing 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
• to use or access any service, information, application or software available via the Platform in
a manner not expressly permitted by us;
• input or upload to the Platform any information that may contain viruses, Trojan horses,
worms, time bombs or other computer programming routines that are intended to damage,
interfere with, intercept or expropriate the Platform or that infringes the intellectual property
rights of another;
• copy, use, disclose or distribute any information obtained from the Platform, whether directly
or through third parties (such as search engines), without the consent of the Company;
• imply or state that you are affiliated with or endorsed by the Company without our express
consent;
• use bots or other automated methods to access the content, add or download contacts, send
or redirect messages;
• monitor the content availability, performance or functionality for any competitive purpose;
• engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the
Platform;
• host, display, upload, modify, publish, transmit, update or share any information that is (i)
grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
whatever; (ii) harms minors in any way; (iii) impersonates another person; (iv) threatens the
unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states,
or public order or causes incitement to the commission of any cognisable offence or prevents
investigation of any offence or is insulting any other nation.
• Violating any law for the time being in force
6. VIOLATIONS
You acknowledge that non-compliance of the aforesaid obligations and/or the rules, regulations,
terms, conditions, agreements, and Privacy Policy applicable to the access and usage of the
Platform, shall give the Company the right to immediately terminate the access or usage rights of
the users to the Platform and remove non-compliant information.
Any violation of these Terms of Use may result in civil or criminal liability, and the Company may,
in addition to any remedy that it may have at law or in equity, immediately terminate permission
for any user or, if necessary, for all users to use the Platform. The Company reserves the right to
terminate or move material, information, messages or communications that, in the Company's sole
discretion, may be illegal, or that may subject the Company to liability or that may violate these
Terms of Use.
The Company may investigate any suspected or alleged violation of these Terms of Use and
cooperate with the law, law enforcement authorities and/or third parties in such investigation.
7. LINKS
The links on this Platform may allow you to enter the Seller's platform. Any third-party site links
on this Platform are only for your convenience and the linked sites are not under the control of
the Company. The Company has not reviewed, nor approved these sites and is not responsible for
the contents or omissions of any linked site or any links contained in a linked site. The Company
does not warrant or guarantee the availability, completeness, correctness, accuracy, usefulness,
timeliness or reliability of, or the results of your use of or reliance upon, any information or material
contained in such third-party sites. If any link is misleading or changed or removed, we are not
responsible for that either. You acknowledge that you access and use such third-party sites solely
at your own risk. You agree that under no circumstances will the Company be liable in any way
for any information or material contained in any third-party sites linked to or from its site. The
Company is not responsible for any errors or omissions therein, or for any loss or damage of any
kind incurred as a result of your use of or reliance upon any information or material contained in
such third-party sites.
8. SUBMISSIONS
All questions, comments, suggestions, feedback or other information (“Comments”) submitted
to the Company via the Platform shall be deemed and remain property of the Company. The
Company and its affiliates shall be free to use, for any purpose, any ideas, concepts, know-how or
techniques contained in such Comments. You hereby grant us and our affiliates, a worldwide,
perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish,
modify, edit or otherwise use such Comments as we deem appropriate, for any and all commercial
and/or non-commercial purposes, in our sole discretion. The Company shall not be subject to any
obligations of confidentiality regarding such Comments except where specifically agreed in the
Privacy Policy.
9. DISCLAIMER
Usage Disclaimer:
You expressly agree that use of the Platform is at your sole risk.
All the materials and products (including but not limited to software) and services, included on or
otherwise made available to you through Platform are provided on "as is" and "as available" basis
without any representation or warranties, express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, the Company does not warrant that: Platform will
be constantly available, or available at all or the information on Platform is complete, true, accurate
or non-misleading.
Information Disclaimer:
You acknowledge that the information provided on the Platform is compiled from sources, which
are beyond the control of the Company. Though such information is generally reliable, the user
acknowledges that inaccuracies or typographical errors may occur, and the Company does not
warrant the accuracy of the Content. For this reason, as well as the possibility of human and
mechanical errors and other factors, you acknowledge that the Platform is provided to you on an
“as is, with all faults” basis. The Company expressly disclaims any and all warranties, whether
express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party,
including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness
for a particular purpose, as well as any warranties arising by virtue of custom of trade or course
of dealing and any implied warranties of title or non-infringement.
You assume all risk of errors and/or omissions in the Platform, including the transmission or
translation of information. You assume full responsibility for implementing sufficient procedures
and checks to satisfy your requirements for the accuracy of the Platform, including the
information, and for maintaining any means, which you may require for the reconstruction of lost
data or subsequent manipulations or analyses of the information.
10. COMPLIANCE WITH LAW
You agree to use the Platform in strict compliance with all applicable laws, rulings, and regulations
and in a manner that does not, in the sole discretion of the Company, reflect negatively on the
goodwill or reputation of the Company. You agree to take no action which might cause the
Company to be in breach of any laws, rulings or regulations applicable to us.
11. INDEMNIFICATION
You agree to indemnify us and hold us harmless from and against any claims arising out of or
relating to your breach of the Privacy Policy, Terms of Use, any other policy or agreement with
the Company; and your violation of any applicable laws, rules or regulations or the rights (including
infringement of intellectual property rights) of a third party.
12. LIMITATION OF LIABILITY
You agree that the Company will not be liable for any damages, direct or indirect, incidental or
consequential, and all liabilities including (i) the use or the inability to use the Platform; (ii)
unauthorized access to or alteration of the user’s transmissions or data; (iii) breach of condition,
representations or warranties by the Sellers of the Products, (iii) any other matter relating to the
services including, without limitation, damages for loss of use, data or profits, arising out of or in
any way connected with the use or performance of the Platform or services.
The Company shall not be held responsible for non-availability of the Platform during periodic
maintenance operations or any unplanned suspension of access to the Platform.
To the maximum extend that is permissible under law, the Company’s liability shall be limited to
an amount equal to the Products purchased value bought by user. The Company shall not be liable
for any dispute or disagreement between users and the Sellers
