By accessing or using The Pup Cake website and/or purchasing products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, browsers, vendors, customers, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. Acceptance of these Terms of Service is expressly limited to these terms. Any new features or tools added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and involve transmissions over various networks. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Our Service may include content, products, and services from third parties. Links to third-party websites on our site may direct you to external platforms not affiliated with us. We do not assume responsibility for examining or evaluating the content, accuracy, or reliability of third-party materials or websites. Your engagement with third-party materials, products, or services is at your own risk. Before participating in any transactions, carefully review the policies and practices of third parties and ensure your understanding.

SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If you submit specific materials at our request or share creative ideas, suggestions, or other content without our request (referred to as ‘comments’), you grant us the unrestricted right to edit, copy, publish, distribute, translate, and use these comments in any medium. We are not obligated to maintain comments in confidence, compensate for them, or respond to them. We may, at our discretion, monitor, edit, or remove content that we find unlawful, offensive, or violating intellectual property or these Terms of Service. Your comments must not infringe on third-party rights, contain unlawful or abusive material, or introduce viruses. You are solely responsible for your comments, and we bear no responsibility or liability for comments posted by you or third parties.

SECTION 10 – PERSONAL INFORMATION

Submission of personal information through our store is governed by our Privacy Policy. Refer to our Privacy Policy for details.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our site or the Service may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct errors, inaccuracies, or omissions, change or update information, or cancel orders if inaccuracies are identified. While we undertake no obligation to update information, we may do so as required by law.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content for unlawful purposes, solicitation of unlawful acts, violation of regulations, infringement of intellectual property rights, harassment, submission of false information, introduction of malicious code, collection of personal information, spamming, or interfering with the Service’s security features. Violation of these prohibitions may result in termination of your use of the Service.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee uninterrupted, timely, secure, or error-free use of our service. Results obtained from the service may not always be accurate or reliable. We reserve the right to remove or cancel the service at any time without notice. Your use of the service is at your own risk, and the service, along with all products and services provided, is offered ‘as is’ and ‘as available,’ without any warranties or conditions, express or implied. We shall not be liable for any damages, direct or indirect, arising from your use of the service, including lost profits, data loss, or similar issues, to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless The Pup Cake, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, employees, and interns from any third-party claims, demands, or expenses arising from your breach of these Terms of Service or violation of laws or third-party rights. This includes reasonable attorneys’ fees.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion will be deemed severed, and it won’t affect the validity and enforceability of the remaining provisions.

SECTION 16 – TERMINATION

Obligations and liabilities incurred before termination shall survive. Either party may terminate these Terms of Service. You may terminate by notifying us, or we may terminate at our discretion if you fail to comply with these terms. In case of termination, you are liable for amounts due up to the termination date, and access to our Services may be denied.

SECTION 17 – ENTIRE AGREEMENT

The failure to exercise any right or provision by us doesn’t constitute a waiver. These Terms of Service, along with any posted policies, constitute the entire agreement between you and us, superseding any prior agreements, communications, or proposals, oral or written.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements for Services are governed by and construed in accordance with the laws of India.

SECTION 19 – CHANGES TO TERMS OF SERVICE

Review the most current version of the Terms of Service on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates on our website. Your continued use of our website or the Service following any changes constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

For any inquiries regarding the Terms of Service, please reach out to us at cs@thepupcake.com.

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