Birdhouse and/or its affiliates offer website features and other products and services to you when you visit or shop at Birdhouse.com, use Birdhouse products or services, or use software provided by Birdhouse in connection with any of the foregoing. Birdhouse provides the Services subject to the following conditions. This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and Birdhouse (“Company” or “us” or “We” or “Birdhouse.com”). This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder 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. Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site.

TERMS & CONDITIONS FOR SALE PERIOD

During Sale:

We typically include select products on sale - both online and in-store.

We strive to ship every product after all quality checks. Unless a wrong/broken/damaged/poor condition piece has been shipped to the customer, we, unfortunately, do not accept the exchange or return of discounted products.

We understand that you might want to pick up a gift for someone during the sale. Our priority will be shipping out all your sale orders, so it will not be possible for us to fulfill gift wrapping requests. You may, however, come back after the sale and avail the service at our standard rate.

All prices are inclusive of applicable taxes.

In case of any discrepancy in the pricing of a discounted product due to human error, the amount that appears in the system will be deemed final.

We experience high volumes during the sale and will be unable to cancel any order due to shipment delays. However, we reserve the right to cancel an order due to the non-availability of goods.

We strive to fulfill every order. In case a product in our inventory does not meet our quality check, we may have to cancel the order.

Accounting and encashment of credit notes would make those orders ineligible for any further exchanges or refunds.

The pricing in our USD catalogue differs from the pricing in our INR catalogue. We take exchange rates and currency volatility into account.

All Duties & Taxes for international orders will apply as per the rules of the shipping destination and will be borne by the customer.

Goods & Service Tax/Sales Tax levied by Indian law, if applicable on exports, will be paid by Birdhouse and will not be charged to the customer.

We offer international delivery and we ship orders as soon as possible. However, we're unable to control any delays caused by country-specific shipping restrictions.

All T&Cs mentioned here are over and above our standard T&Cs.

INTRODUCTION

The domain name Birdhouse.life is registered in the name of Arthah Design Pvt. Ltd. which is a registered company under the Companies Act 2013. Its registered office is at E-40, GOKUL VATIKA, NEAR JAWAHAR CIRCLE, JLN MARG, Jaipur, Jaipur, Rajasthan, 302017. 

RIGHT TO CHANGE

Birdhouse reserves the sole right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions every time you purchase products from us or use our Website.

PRIVACY

We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We process your personal data as per our privacy policy. Click on the link to learn more about our Privacy policies.

ELECTRONIC COMMUNICATIONS

When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. 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. The legal requirements would be in conformity with the Indian Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Birdhouse owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to Birdhouse without obtaining authorization from it.

User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Birdhouse does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of Copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted Birdhouse the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any Form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, and store or reproduce the material for that end user’s personal use. User hereby grants Birdhouse, the right to edit, copy, publish and distribute any material made available on the Site by the User. The foregoing provisions apply equally to and are for the benefit of Birdhouse, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

TRADEMARKS

The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Birdhouse protected by copyright as a collective work under the applicable copyright laws. Birdhouse owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Birdhouse and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with Birdhouse shall not be deemed to be in the public domain but rather the exclusive property of Birdhouse, unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Birdhouse, unless otherwise stated.

USER OBLIGATIONS

You agree and undertake to use the Website only to post and upload material that is proper. By way of example, and not as a limitation, you agree and undertake that when using a service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another’s computer;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• Violate any applicable laws or regulations for the time being in force in or outside India; and
• Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
• You shall not make any derogatory, defamatory, abusive, inappropriate, profane or indecent statement/s and/or comment/s about Birdhouse, its associates and partners on any property owned by Birdhouse.

ACCOUNT AND REGISTRATION OBLIGATIONS

“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 email feature. We will protect Your Information in accordance with our Privacy Policy. If you use the Website, 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. Birdhouse 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. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If Birdhouse has reason to believe that there is likely to be a breach of security or misuse of the Birdhouse Site, we may require you to change your password or we may suspend your account without any liability to Birdhouse.

You also agree to:

• Provide true, accurate, current and complete information about yourself as prompted by Birdhouse's registration form (such information being the "Registration Data"); and
• Maintain and promptly update 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 Birdhouse has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, Birdhouse has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website without the express written consent of Birdhouse.

THIRD PARTY CONTENT

The Website makes available general third party information such as, product catalogues, lists of authorized dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products and other data from external sources ("Third Party Content"). Similar Third Party Content would also be available to you on the email received by you from Birdhouse. The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable and that no guarantees are made by Birdhouse or the providers of the Third Party Content as to its accuracy, completeness, timeliness. You agree not to hold Birdhouse, any business partner, associate, or any third party provider of Third Party Content liable for any investment decision or other transaction you may make based on your reliance on or use of such data, or any liability that may arise due to delays or interruptions in the delivery of the Third Party Content for any reason.

In addition to the information expressly mentioned in the Third Party Content, the Third Party Content may also contain technical inaccuracies or typographical errors. Birdhouse would not be liable in any way for any loss or damage suffered by you or any third party arising out of the information contained in the Third Party Content. Birdhouse does not make any representation or warranty, express or implied, as to the accuracy, completeness or authenticity of the information contained in any such Third Party Content.

Third Party Content may contain links to web pages and content of third parties ('Third Party Sites'). Birdhouse is not responsible for the availability of such Third Party Sites and will not be responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites. Birdhouse does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Sites. You further acknowledge and agree that Birdhouse shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third Party Sites. You agree to review any applicable terms and conditions before using any Third Party Sites. The applicable terms and conditions are available with the respective service providers.

MODIFICATION OF TERMS & CONDITIONS OF SERVICE

Birdhouse 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 Birdhouse. You can access the latest version of the User Agreement at any given time on Birdhouse. You should regularly review the User Agreement on Birdhouse. 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 agree to accept and abide by the modified User Agreement.

GOVERNING LAW AND JURISDICTION

This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Jaipur, Rajasthan shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Birdhouse and his decision shall be final and binding on the parties hereto. 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 Jaipur, Rajasthan. The High Court of judicature at Jaipur, Rajasthan alone shall have the jurisdiction and the Laws of India shall apply.

TRADEMARK, COPYRIGHT AND RESTRICTIONS

This site is controlled and operated by Birdhouse. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Website 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 email 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 website 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.

TRADEMARK INFORMATION

The trademarks and logos and service marks ("Marks") displayed on the Website are the property of Birdhouse or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of Birdhouse, the vendor or the third party that may own the Marks.

If you have any questions or concerns about these Terms & Conditions, you can contact Birdhouse by email at hello@birdhouse.life or by postal mail at E-40, GOKUL VATIKA, NEAR JAWAHAR CIRCLE, JLN MARG, Jaipur, Jaipur, Rajasthan, 302017 

USER AGREEMENT

This document is an electronic record in terms of Information Technology Act, 2000 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.

This document is published in accordance with the provisions of the Information Technology (Intermediaries guidelines) Rules, 2021 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of www.birdhouse.life website.

This User Agreement is a legally binding document between you and Birdhouse (both terms defined below). The terms of this User Agreement will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between you and Birdhouse for your use of the Website (defined below).

PLEASE READ THIS USER AGREEMENT CAREFULLY. BY ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS USER AGREEMENT AND THE TERMS AND CONDITIONS CONTAINED HEREIN, AS AMENDED FROM TIME TO TIME. BY IMPLIYING OR ACTING ON THE WEBSITE YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THE TERMS AND CONDITIONS ON BEHALF OF YOURSELF AND/OR YOUR COMPANY. IF YOU DO NOT WANT TO BE BOUND BY THE USER AGREEMENT, YOU MUST NOT ACCESS, BROWSE OR OTHERWISE USE THE WEBSITE.

By accepting these Terms & Conditions, you also allow Birdhouse representatives to contact you for any assistance on products and services or for sales and marketing purpose.

This User Agreement may be amended or updated by Birdhouse at any time without notice to you by posting the amended terms on the Website. You will be deemed to have agreed to the amended User Agreement when you next use this site following any amendment.

The user of this website is referred to as "you", "your" or "User" and Birdhouse is referred to as "Birdhouse", “us”, "we" or "our" as per the context.

These terms and conditions of use ("User Agreement") apply to your use of the Website and the services provided therein by Birdhouse, a company incorporated under the Companies Act, 2013 with its registered office at E-40, GOKUL VATIKA, NEAR JAWAHAR CIRCLE, JLN MARG, Jaipur, Rajasthan, 302017("Birdhouse"). This User Agreement shall be deemed to be incorporated into this Terms of Service Agreement by reference. If you use the Website, you shall be contracting with Birdhouse and these terms and conditions shall govern your use of the Website, all pages on the Website and any services provided by or on behalf of Birdhouse at any time.