This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Your use of the Funky Rainbow website www.funkyrainbow.com (hereinafter referred to as “Funky Rainbow”) and services and tools are governed by the following terms and conditions as applicable to Funky Rainbow. If you transact on Funky Rainbow, 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 Funky Rainbow, a registered partnership firm with registered office at 12B/2 Nandi Gardens Phase 2, J P Nagar 9th Phase, Bengaluru – 560108, Karnataka, India and these terms and conditions constitute your binding obligations.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING
Use of the Funky Rainbow 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 Funky Rainbow Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Funky Rainbow and shall not transact or use Funky Rainbow website. As a minor if you wish to use or transact on Funky Rainbow, such use or transaction may be made by your legal guardian or parents who have registered as users of the Funky Rainbow. Funky Rainbow reserves the right to terminate your membership and refuse to provide you with access to the Funky Rainbow if it is brought to Funky Rainbow’s notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
When You use the Website or send emails or other data, information or communication to Funky Rainbow, You agree and understand that You are communicating with Funky Rainbow through electronic records and You consent to receive communications via electronic records from Funky Rainbow periodically and as and when required. Funky Rainbow may communicate with You by email or by such other mode of communication, electronic or otherwise.
Membership on the Funky Rainbow website (www.funkyrainbow.com) is free. However Funky Rainbow reserves the right to charge a fee and change its policies from time to time. In particular, Funky Rainbow may at its sole discretion introduce new services and modify some or all of the existing services offered on the Funky Rainbow. In such an event Funky Rainbow reserves, without notice to You, 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 and related policies shall automatically become effective immediately once implemented on Funky Rainbow. 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 Funky Rainbow.
Use of Funky Rainbow Website http://www.funkyrainbow.com
You agree, undertake and confirm that your use of Funky Rainbow shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information:
- that belongs to another person and to which You does not have any right to.
- is 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; 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;
- is misleading in any way.
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- 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];
- 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;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- contains video, photographs, or images of another person age 18 or older without his or her express written consent and permission or those of any minor (regardless of whether you have consent from the minor or his or her legal guardian).
- tries to gain unauthorized access or exceeds the scope of authorized access (as defined herein and in other applicable Codes of Conduct or End User Access and License Agreements) to the Sites or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Sites or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which Funky Rainbow, in its sole discretion, believes is or could be construed as being illegal;
- interferes with another user’s use and enjoyment of the Funky Rainbow Website or any other individual’s user and enjoyment of similar services;
- harm minors in any way;
- 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 items;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- 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 value of, surreptitiously intercept or expropriate any system, data or personal information;
- 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 cognizable offence or prevents investigation of any offence or is insulting any other nation.
- that shall not be false, inaccurate or misleading;
- that 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.
- shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other 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. Funky Rainbow reserves the right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of Funky Rainbow website, or any other systems or networks connected to Funky Rainbow Website or to any Funky Rainbow’s server, computer, network, or to any of the services offered on or through Funky Rainbow Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of Funky Rainbow website or any network connected to Funky Rainbow website nor breach the security or authentication measures on Funky Rainbow website or any network connected to Funky Rainbow Website. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Funky Rainbow Website, or any other customer of Funky Rainbow, including any Funky Rainbow account not owned by you, to its source, or exploit Funky Rainbow Website or any service or information made available or offered by or through Funky Rainbow 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 Funky Rainbow Website.
- You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of Funky Rainbow Website or Funky Rainbow’s systems or networks, or any systems or networks connected to the Funky Rainbow.
- 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 transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Funky Rainbow 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.
- From time to time, you shall be responsible for providing information relating to the items 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 over emphasize the attributes of such items or services so as to mislead other Users in any manner.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Funky Rainbow, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Funky Rainbow 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 Funky Rainbow.
- It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on Funky Rainbow 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 Funky Rainbow, and that the recipient may use such information to harass or injure you. Funky Rainbow does not approve of such unauthorized uses but by using the Funky Rainbow Website you acknowledge and agree that Funky Rainbow is not responsible for the use of any personal information that you publicly disclose or share with others on Funky Rainbow. Please carefully select the type of information that you publicly disclose or share with others on Funky Rainbow.
- Funky Rainbow 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, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Funky Rainbow is owned, controlled or licensed by or to Funky Rainbow, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on Funky Rainbow products and services purposely made available by Funky Rainbow for downloading from the Site, provided that you (1) not remove any proprietary notice language 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) not make any additional representations or warranties relating to such documents.
Funky Rainbow does not take responsibility or liability for the actions, products, content and services on Funky Rainbow website, which are linked to Affiliates and / or third party websites using Funky Rainbow APIs or otherwise. In addition, Funky Rainbow may provide links to the third party websites of affiliated companies and certain other businesses for which, Funky Rainbow assumes no responsibility for examining or evaluating the products and services offered by them, and Funky Rainbow does not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Funky Rainbow does not in any way endorse any third party website(s) or content thereof
Funky Rainbow welcomes links to this site. You may establish a hypertext link to Funky Rainbow website, provided that the link does not state or imply any sponsorship or endorsement of your site by Funky Rainbow. You must not use on your site or in any other manner any trademarks, service marks or any other materials appearing on the Funky Rainbow, including any logos or characters, without the express written consent of Funky Rainbow and the owner of the mark or materials. You must not frame or otherwise incorporate into another third party website or present in conjunction with or juxtaposed against such a website any of the content or other materials on the Funky Rainbow website without Funky Rainbow’s prior written consent.
MANDATORY DECLARATION – COMPUTERS
- You hereby declare that you have provided all necessary Legal Details for the shipment of the product to the destination specified by you in the Order.
- You further declare that the Product will be acquired for personal use of the Consignee and/or Buyer. The Product will not be sold, resold, bartered or in any way disposed for profit.
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 Funky Rainbow 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, Funky Rainbow 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.
Funky Rainbow will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, Funky Rainbow website.
Funky Rainbow does not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through Funky Rainbow website; their servers; or electronic communication sent from Funky Rainbow are free of viruses or other harmful components.
Nothing on Funky Rainbow constitutes, or is meant to constitute, advice of any kind.
All the products sold on Funky Rainbow are governed by different state laws and if Funky Rainbow is unable to deliver such products due to implications of different state laws, Funky Rainbow will return or will give credit for the amount received by Funky Rainbow from the sale of such product, that could not be delivered to you.
You will be required to enter a valid phone number while placing an order on Funky Rainbow. By registering your phone number with us, you consent to be contacted by Funky Rainbow via phone calls and / or SMS notifications, in case of any order or shipment or delivery related updates. Funky Rainbow will not use your personal information to initiate any promotional phone calls or SMS’.
While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you out of the decline due to:
- lack of authorization for any transaction/s,
- or exceeding the pre-set limit mutually agreed by you and between your “Bank/s”,
- or any payment issues arising out of the transaction,
- cardholder having exceeded the pre-set limit mutually agreed by us with our acquiring bank from time to time.
- or decline of transaction for any other reason/s.
All payments made against the purchases/services on www.funkyrainbow.com by you shall be compulsorily in Indian Rupees acceptable by the Union of India. Funky Rainbow does not accept any other form of currency with respect to the purchases.
Before shipping your order to you, we 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 instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.
Without limiting other remedies, Funky Rainbow may limit your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Funky Rainbow website in the event, but not limited to:
- If Funky Rainbow is unable to verify or authenticate any information you provide; or
This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Bengaluru.
Jurisdictional Issues/Sale in India Only
Unless otherwise specified, the material on Funky Rainbow is presented solely for the purpose of sale in India. Funky Rainbow makes no representation that materials in Funky Rainbow 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 Funky Rainbow is not responsible for supply of goods/refund for the goods ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.
Trademark, Copyright and Restriction
This site is controlled and operated by Funky Rainbow. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights that are owned and controlled by us or by other parties that have licensed their material to us. Material on Funky Rainbow web site owned, operated, licensed or controlled by us is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by e-mail 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 web site 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.
We at Funky Rainbow respect the intellectual property of others. In case you feel that your work has been copied in a way that constitutes copyright infringement you can write to us at email@example.com.
Risk of Loss
All items purchased from Funky Rainbow are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
www.funkyrainbow.com tries to be as accurate as possible. However, www.funkyrainbow.com does not warrant that product description or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Funky Rainbow itself is not as described, your sole remedy is to return it in unused condition.
If Funky Rainbow comes across any difference in pricing resulting from typographic errors with pricing or product information, www.funkyrainbow.com shall have the right to rectify the same or cancel the order(s) and refund monies, if any, collected from the customer within 10-15 business days of such corrective action taken. The mode of refund will be the same as at the time of placing the order.
7 Day Replacement Guarantee
Funky Rainbow.com offers you REPLACEMENT WITHIN SEVEN DAYS FROM THE DATE OF DELIVERY ON THE product/s ordered on www.funkyrainbow.com i.e. if at the time of delivery and/or within 7 days from the date of delivery of the product/s, if any defect is found, then the buyer of the product/s can ask for replacement of the product/s subject to the following terms and conditions:
- Notify us of any defects in the product/s at the time of delivery of the product/s and/or within 7 days from the date of delivery and the same product/s will be replaced in return of the defective product/s.
- Replacement can be for the entire product/s or part/s of the product subject to availability of the same with funkyrainbow.com
- Replacement is offered for the product/s sold by www.funkyrainbow.com ONLY.
Following products shall not be eligible for return or replacement:
- Damages due to misuse of product;
- Incidental damage due to malfunctioning of product;
- Any consumable item which has been used/installed;
- Products with tampered or missing serial/UPC numbers;
- Digital products/services
- Any damage/defect which are not covered under the manufacturer’s warranty
- Any product that is returned without all original packaging and accessories, including the box, manufacturer’s packaging if any, and all other items originally included with the product/s delivered;
Disclaimer: “ANY DECISION ON 7 DAY REPLACEMENT GUARANTEE ON THE PRODUCT/S SOLD BY Funky Rainbow is at the sole discretion of Seller and decision of Seller shall be final and binding. Seller reserves the right to withdraw and/or alter from 7 DAY REPLACEMENT GUARANTEE at any time without giving any intimation of whatsoever nature.”
Cancellation of Order
Funky Rainbow reserves the right to cancel any order without any explanation for doing so, under situation where Funky Rainbow is not able to meet the requirement of the order placed or order so placed/cancelled does not comply with the Funky Rainbow policy or for any other reason. However, Funky Rainbow will ensure that any communication of cancellation of an order, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund, will be made in reasonable time.
Limitation of Liability
IN NO EVENT SHALL FUNKY RAINBOW BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF FUNKY RAINBOW HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.