Terms of Service
- Introduction
These Terms of Service ("Terms") constitute a binding agreement between you ("User" or "you") and Cinnamon Bae Retail (OPC) Private Limited ("Cinnamon Bae," "we," "us," or "our"). The Terms govern your access to and use of the website pionie.com and its mobile applications (collectively, the "Platform"). Through the Platform, Cinnamon Bae facilitates, among other things, the sale and purchase of various products listed and offered for sale ("Products") at the stated price (the "Transaction").
By accessing or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms. This includes any additional terms and conditions or policies referenced herein or available by hyperlink ("Additional Terms"). These Terms and the Additional Terms collectively govern the use of the Platform by all users, including but not limited to browsers, vendors, customers, merchants, and content contributors.
You are advised to carefully review these Terms before accessing or using the Platform. Your access or use of any part of the Platform constitutes your acceptance of these Terms. If you do not agree to all the terms and conditions of this agreement, you are prohibited from accessing the Platform or using any services offered thereon. These Terms constitute the entire agreement between you and Cinnamon Bae regarding your use of the Platform and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written. If these Terms are deemed an offer, acceptance is expressly limited to these Terms.
The Terms apply to any new features or functionalities added to the Platform. You can access the most current version of the Terms at any time on this webpage. We reserve the right to update, modify, or replace any part of these Terms by posting updates or changes on the Platform. It is your responsibility to periodically check this webpage for changes. Your continued use of or access to the Platform following the posting of any changes constitutes your acceptance of those changes.
The Platform is hosted by Shopify Inc. ("Shopify"). Shopify provides us with the online e-commerce platform that allows us to sell our Products to you.
- User Eligibility
- Age Requirement. By agreeing to these Terms, you represent and warrant that you are either (i) of legal age to form a binding contract in your state or province of residence, or (ii) if you are not of legal age, you have obtained the express consent of your parent or legal guardian to enter into this Agreement and use the Platform.
- Prohibited Uses. You agree not to use the Platform or the Products for any illegal or unauthorized purpose. This includes, but is not limited to, violating any applicable laws or regulations in your jurisdiction (including copyright laws). You further agree not to transmit any viruses, worms, or other malicious code that may damage or interfere with the operation of the Platform or any other user's computer system.
- Breach and Termination. We reserve the right to terminate your access to and use of the Platform immediately upon any breach or violation of these Terms.
- General Conditions
- Reservation of Rights. We reserve the unilateral right to refuse service to any user for any reason and at any time, in our sole discretion.
- Data Transmission. You acknowledge and understand that your content, excluding credit card information, may be subject to the following. (a)Transmission in an unencrypted format over various networks; and (b)Technical modifications to conform and adapt to the requirements of connecting networks or devices. However, for your continued security, we assure you that credit card information is always encrypted during network transmissions.
- Restrictions on Use. You agree to refrain from the following: (a)Reproduction, duplication, copying, selling, reselling, or otherwise exploiting any portion of the Service, its use, or access thereto, or any contact information on the Platform through which the Service is provided, without our prior written authorization.
- Headings for Reference. The headings used throughout these Terms are solely for reference purposes and do not limit or otherwise affect the interpretation of these Terms.
- Disclaimer of Information
- Content Accuracy and Reliance. We make no representations or warranties, express or implied, regarding the accuracy, completeness, or timeliness of the information available on this Platform. The materials on this Platform are provided for general informational purposes only and are not intended to constitute professional advice. You should not solely rely on this information for making decisions and are encouraged to consult with primary sources that are more accurate, complete, and current for your specific needs. Any reliance on the material on this Platform is at your own sole risk.
- Historical Information. This Platform may contain historical information, which is inherently not current and is provided for your reference only. We are not obligated to update historical information.
- Content Modification. We reserve the absolute right to modify or update the content on this Platform at any time without prior notice. However, we have no obligation to update any information.
- Monitoring Responsibility. You agree that it is your sole responsibility to monitor this Platform for any changes to the content.
- Modifications to the Service and Prices
- Price Changes. We reserve the right to modify the prices of our Products at any time without prior notice.
- Modification and Discontinuation of Service. We reserve the unilateral right to modify or discontinue the Service, or any part or content thereof, at any time and without notice.
- No Liability for Changes. We shall not be held liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
- Products and Services
- Online Availability. Certain Products and Services may be offered exclusively online through the Platform. These offerings may be subject to limited quantities and may only be returned or exchanged in accordance with our Return Policy, which is incorporated herein by reference.
- Visual Accuracy. We have made commercially reasonable efforts to display the colors and images of our Products appearing on the Platform as accurately as possible. However, we cannot guarantee the complete accuracy of your computer monitor's display of any color.
- Sales Limitations. We reserve the unilateral right, but are not obligated, to limit the sale of Products or Services to any person, geographic region, or jurisdiction. This right may be exercised on a case-by-case basis. We further reserve the right to limit the quantities of any Products or Services offered.
- Product Descriptions and Pricing. All descriptions of Products or their pricing are subject to change at any time without prior notice, at our sole discretion. We also reserve the right to discontinue any Product at any time.
- Offer Void Where Prohibited. Any offer for any Product or Service made on the Platform is void where such offering is prohibited by law.
- Disclaimer of Warranties. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM. YOU ACKNOWLEDGE THAT SUCH MATERIALS MAY NOT MEET YOUR EXPECTATIONS AND THAT ANY ERRORS IN THE SERVICE MAY NOT BE CORRECTED.
- Third-Party Tools
- Availability and Disclaimer of Warranties. We may offer you access to optional third-party tools ("Third-Party Tools") through the Platform. We neither monitor, control, nor have any input over these Third-Party Tools.
- As-Is Use. You acknowledge and agree that we provide access to such Third-Party Tools "as is" and "as available," without any warranties, representations, or conditions of any kind, express or implied, and without any endorsement from us. We shall not be liable for any damages or losses arising out of or related to your use of these Third-Party Tools.
- User Responsibility. Your use of any Third-Party Tools offered through the Platform is entirely at your own risk and discretion. You are solely responsible for ensuring that you are familiar with and approve of the terms and conditions under which such Third-Party Tools are offered by the relevant third-party provider(s).
- Applicability of Terms. These Terms of Service also govern the use of any new features or services, including the release of new Third-Party Tools and resources, that may be offered through the Platform in the future.
- Third-Party Links and Materials
- Third-Party Content. The Platform may contain content, products, and services that include materials from third-party sources ("Third-Party Materials").
- Third-Party Links. The Platform may also contain links to third-party websites that are not affiliated with us ("Third-Party Websites"). We are not responsible for examining, evaluating, or warranting the content or accuracy of any Third-Party Materials or Third-Party Websites.
- Disclaimer of Liability. We do not assume any liability or responsibility for any Third-Party Materials, Third-Party Websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages arising from your purchase or use of goods, services, resources, content, or any other transactions conducted in connection with Third-Party Websites.
- User Responsibility. You are solely responsible for reviewing the policies and practices of any third-party websites and ensuring you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Materials or Third-Party Websites should be directed to the respective third-party provider(s).
- User Content
- User Submissions. You may submit creative ideas, suggestions, proposals, plans, or other materials ("User Content") to the Platform, either at our request or voluntarily.
- Grant of License. By submitting User Content, you grant us a non-exclusive, irrevocable, royalty-free, worldwide license to use, reproduce, modify, publish, translate, distribute, and otherwise exploit such User Content in any medium and for any purpose.
- No Obligation of Confidentiality or Compensation. We are under no obligation:(a) to maintain the confidentiality of any User Content;(b) to compensate you for any User Content; or(c) to respond to any User Content.
- Content Monitoring and Removal. We reserve the right, but are not obligated, to monitor, edit, or remove any User Content that we deem, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service.
- User Warranties and Representations. You warrant and represent that your User Content will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further warrant that your User Content will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could affect the operation of the Platform or any related website.
- User Prohibitions. You agree not to: (a) use a false email address; (b) impersonate any other person; or (c) mislead us or third-parties regarding the origin of any User Content.
- User Responsibility and Disclaimer of Liability. You are solely responsible for any User Content you submit and its accuracy. We assume no responsibility and no liability for any User Content posted by you or any third party.
- Personal Information
- Your submission of personal information through the Platform is governed by our separate Privacy Policy, which is incorporated herein by reference. Please carefully review our Privacy Policy [link to Privacy Policy].
- Errors, Inaccuracies and Omissions
- Potential Errors. We acknowledge that information on the Platform or the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
- Right to Correct. We reserve the unilateral right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
- No Obligation to Update. We are under no obligation to update, amend, or clarify information in the Service or on any related website, including, but not limited to, pricing information, except as required by law.
- Information Date. The absence of a specific update or refresh date on the Platform or any related website should not be taken to imply that all information on the Platform or such website is current or accurate.
- Prohibited Uses
- Unlawful Activities. You may not utilize the Website or its Content for any purpose that violates any applicable law, regulation, rule, or ordinance, including international, federal, provincial, or state laws.
- Intellectual Property Infringement. You are prohibited from infringing upon or violating the intellectual property rights of the Website or any third party. This includes, but is not limited to, copyrights, trademarks, patents, and trade secrets.
- User Conduct. The Website prohibits the following conduct:
- Harassment, abuse, insult, harm, defamation, slander, disparagement, intimidation, or discrimination based on any protected characteristic, such as gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
- Submitting false or misleading information.
- Uploading or transmitting viruses or other malicious code that may disrupt the functionality of the Website or any other website or the internet.
- Collecting or tracking the personal information of others without their consent.
- Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.
- Utilizing the Website for any obscene or immoral purpose.
- Interfering with or circumventing the security features of the Website or any other website or the internet.
- Termination for Violation. We reserve the right to terminate your access to the Website for violating any of these Prohibited Uses.
- Disclaimer of Warranties and Limitation of Liability
- Disclaimer of Warranties. WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.
- Service Interruption. We reserve the right to withdraw or modify the Service at any time without notice.
- Limitation of Liability. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE OR THE PRODUCTS OR SERVICES PROCURED USING THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
- Limitation of Applicability. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Indemnification: You agree to indemnify, defend, and hold harmless Cinnamon Bae, its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees (collectively, the "Indemnified Parties") from and against any and all claims, demands, losses, liabilities, costs, or expenses, including reasonable attorneys' fees, arising out of or relating to:
- Your breach of these Terms of Service or any documents incorporated by reference herein.
- Your violation of any applicable law or the rights of any third party.
- Severability: In the event that any provision of these Terms of Service is held to be invalid, unlawful, or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
- Termination:
- Survival of Obligations. Upon termination of this Agreement, all outstanding obligations of the parties hereunder shall survive such termination.
- Termination by You. You may terminate these Terms of Service at any time by ceasing to use the Services or by notifying us that you wish to terminate these Terms of Service.
- Termination by Us. We may terminate these Terms of Service at any time and for any reason, with or without notice, if you fail to comply with any material provision of these Terms of Service. Upon termination, you will remain liable for all accrued charges and fees and we may deny you access to all or any part of the Services.
- Entire Agreement
- These Terms of Service, together with any policies or operating rules posted by us on this website or in respect to the Service, constitute the entire agreement and understanding between you and us regarding your use of the Service. These Terms of Service supersede all prior or contemporaneous communications, agreements, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
- No Waiver. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
- These Terms of Service shall be construed in accordance with applicable law. No ambiguity in the interpretation of these Terms of Service shall be construed against the drafting party.
- Governing Law: These Terms of Service and any separate agreements entered into between you and Cinnamon Bae for the provision of the Services shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
- Amendment of Terms of Service
- We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website.
- We will make reasonable efforts to notify you about any material changes to the Terms of Service. You are nevertheless advised to periodically review the Terms of Service for any changes.
- Your continued use of or access to our website or the Service following the posting of any revisions to these Terms of Service constitutes your acceptance of those revisions.
- Contact Information: Questions about the Terms of Service should be sent to us at customercare@pionie.com