Terms and Conditions

The following are the terms and conditions for the usage of “website” sexcare.com. This agreement is an electronically generated document which doesn’t need digital signature. Using this “website” in any of the possible ways indicates that you agree to the terms and conditions of this “agreement.” The “website” sexcare.com is owned and operated by Billion Digital Technologies Pvt. Ltd. in its own entirety.

DEFINITION

Before proceeding to the terms and conditions, following phrases need to be defined:

“Website” – The term “website” in this “agreement” refers to the website www.sexcare.com owned and operated by the “company”.

“Company” – The term “company” in this “agreement” refers to the parent company of Sexcare, that is, Billion Digital Technologies Pvt. Ltd.

“Agreement”- The term “agreement” in this document refers to the agreement between the “company” and the “user” with reference to the “terms and conditions” and “privacy policy”.

“User” – The term “user” in this “agreement” refers to any person or legal entity who uses this “website” in any way possible whether it is selling, browsing, chatting (with Customer Support), purchasing, or reviewing a product.

“Customer” – The term “customer” in this “agreement” refers to any “user” who orders anything from the “website” via any mode of payment.

USE OF WEBSITE

The company doesn’t allow the distribution, lease, resale, creation of derivative products, misuse, and/or modification of the products being sold at the website. Also, no one is entitled to copy the website or to modify, alter, adapt, and transform any of the segments into his own work but if approved by the company in written.

The website www.sexcare.com is a marketplace for e-commerce through various sellers. The users of the website can not & will not hold the management or the employees or the shareholders of the company liable for any product or products being sold on the platform.

The website www.sexcare.com or the company does not hold any drug licenses as the same is not applicable. In case the buyer needs to order something, which requires drug license/ doctor prescription, in that case the buyer is solely responsible to provide certified medical practitioner/ doctor prescription to help company representative to procure on his behalf and courier the items. The buyer is also advised to keep copy of the prescription all the times with himself/herself.

The website www.sexcare.com or the company absolves itself from any liability arising out of company representative buying on behalf of the buyer and all responsibility in this regard is on buyer. The website www.sexcare.com or the company simply buys on behalf of the buyer and couriers the items to buyer.

Sales/Transaction on website is done between company & well-informed adults. In case the buyer finds any product or products objectionable or incorrect, the same may be brought to the notice of management through email on info@sexcare.com.

The website www.sexcare.com being a marketplace for e-commerce through various sellers has limited control on products/contents live on website. The users of the website will not make sexcare.com liable for any purchases on sexcare.com beyond the amount paid to the website and that too as per the return policy of the website.

It may be repeated that in no way sexcare.com gets into any liability beyond the value of purchase done on website and that too as per the return policy of the website.

sexcare.com will provide the user a unique ID and password upon his request. To keep one’s ID protected is the sole responsibility of the registered user. The website doesn’t bear any liability with respect to the misuse of user ID by someone else. In case the user finds someone else using his ID, he should get in touch with sexcare immediately.

ALTERATION TO THE AGREEMENT

The company holds the right to amend all of or any part of this agreement any time it wants. It is upon the user to review and get familiar with any such modification and/or alteration. The order placed at the website is liable to follow the current agreement on this page. Any kind of use of the website by the user falls under the impression that he has accepted the modified terms and conditions.

SUBMISSIONS/COMMENTS/REVIEWS

Any comment or review (referred to as submission from now on) user puts on the website including the suggestions, techniques, ideas, experience and expertise will belong to the company without any limitation of use. The company is entitled to use all the contents of the submission including the text, image, and video, along with your name wherever it wants, however it wants and whenever it wants. The company will have the right to employ, modify, distribute, sell, charter, print, adapt, exhibit, and create derivative ideas from such submissions which would be irretrievable, royalty free and transferable to any entity as desired by the company.

It is the responsibility of the user to make sure that any submission he makes to the website is the original work and doesn’t infringe the right of any third party. The user agrees that the submission made by him is his own or he holds all the rights of its use. Neither does the company bear any responsibility in relation to the infringement of the right of any third party upon using the submission nor will it be entitled to put down such submissions or derived ideas or work. Any claim by the third party will not affect the company but the one who submitted the content.

RISK OF TRANSIT LOSS

In case the item user has ordered is lost in transit, the user will not face any consequences or loss for the fault. The risk lies with the company and it is a matter between the company and the courier partner. The customer will get another product on the same address. In case, the ordered product gets out of the stock the customer will get a refund in accordance with the return policy.

INTELLECTUAL PROPERTY OF THE WEBSITE

All the content of the website including the web page text, blogs, product descriptions, images, videos, references, logos, banners, coupons, and contacts are the intellectual property of the website. The user agrees to not make any amendment, modification, alteration, utilization, exploitation or improvement in the content of website in any way possible.

The user is accountable for feeding right data to sign up on the website. The website identifies its customers based on the data provided to it by the user himself, which includes the name, email address, and mobile number of the user.

The user should not provide falsified data to the website. The user agrees to not give data for any other person or to portray a person he is not. Any complication arising due to identity predicament lies with the user himself.

The website can be accessed from any part of the world. This doesn’t mean that website will deliver products to every part of the world. As of now the website only delivers its products in India. If the user wants to check if his address lies in the region of operation of website, he should put his area pin code in the address page of the checkout screen.

Although Sexcare fulfills orders from across the country (India), the website is not obligated to fulfill each and every order it receives. The website holds the power to reject any specific order without liable to answer any question regarding its cancellation.

Putting an order at the website does not mean that the website is bound to provide that product. The order can be cancelled from the website’s side due to various reasons including mispricing, stock unavailability, wrong address etc. If the payment has already been made, the refund will be initiated in light with the return policy.

All the content of the website has been produced with utmost care, but the website does not claim that the content is accurate, error free and complete. In case the product description or any of the content on the website is found untrue or misplaced or faulty, the website and/or the company and/or its employees and/or its directors and/or its promoters and/or its partners are not to be blame. The user is requested to inspect the product description as his wisdom allows him to.

The product image might differ from the original product due to lightening or mobile/PC/Laptop/Tablet screen colors. The user agrees that the website will not accept any claim regarding the product looking different from the images provided at the website.

The pricing of the product might or might not be correct. In case you ordered a wrong-priced product, the website reserves the right to cancel the order. The website also has the power to change the price of any or all of the products any time it wants. It does not mean the user will have to pay a different price for the product than the one at which he ordered; the user will get his order billed at the price he ordered.

The website may contain links to other websites. The company does not take responsibility of the content available on the linked site. Sexcare has nothing to do with what the user does on the other site or what the other site offers the user. Any fraud on the other site is not accountable to Sexcare in any way.

TERMINATION OF AGREEMENT

The website has the liberty to withdraw all or part of the rights incurred to the user under this agreement. The website also holds the right to terminate whole of the agreement without any prior notice to the registered users. It can deny the registered user access to his account if it needs to. It can also terminate the ID generated by the user at the website.

FRAUD

If the website suspects that there has been a fraud with the Debit Card/Credit Card/NEFT at the payment, it has the right to cancel, delay or call back the product from the transit. The website is entitled to report to the law enforcing authorities of the Republic of India about such fraud and provide any or all of the information the website has over the fraudulent. The information may include the name, address, mobile number and IP address of the user.

If website suspects any unprofessional activity from any seller, the website shall discontinue business with the said seller and may take appropriate action as deemed fit by the management. The decision of sexcare.com management in this regard shall be final.

RIGHT TO REMEDY & IMMUNITY

Under this agreement, the user agrees that he will be liable to judicial action and legal remedy if he happens to break the agreement or violates any part of it including the misuse of the website, placing the security of website at risk, and infringing the privacy policy. If Sexcare decides not to take any action against such breach, it does not omit its right to take action in the future for similar breach or violation.

The user also agrees to provide immunity to the company, website, its promoters, partners, employees, shareholders, representatives, directors, agents and associate companies from all damages, liabilities, losses, obligations, allegations, and expenses (including those spend in the legal procedures) occurring due to any of the following reasons:

• User breaches this agreement or any part of it.
• User violates any of the laws contained in this agreement.
• User violates the rights of the company including the infringement of trademark, name, privacy, and copyright.
• User misuses this website in any possible way.
• User harms the security of the website.
• User puts a virus or spammer on the website causing loss of data or a risk to the privacy of website and its users.

DISPUTES AND JURISDICITON

If you feel the website has breached any of the rules of this agreement, you agree to notify Sexcare and give it a time of minimum 90 days to inspect and resolve the possible violation before filing a court case. In the implausible event of company/website fails to rectify the violation, you agree to provide the website a legal notice stating the breach and another 90 days period to explain the cause and to resolve the breach (if under the power of company or website).

This agreement is in accordance with the laws set up by the government of India. All the matters pertaining to this agreement will fall under the jurisdiction of courts of Delhi only. The user can send such allegations and queries at the email: info@sexcare.com

In case you feel the website has infringed copyright of your (or some other person’s) work in any way, feel free to contact the website at the above email address.

GOVERNING LAW

While the website is accessible from all around the world the terms and conditions of the use of website lies in accordance with the laws of India only. The use of website from other countries is done on the risk of the user alone. If the user breaks the law of his country on accessing the website in any way, it is his sole responsibility. The website will not be associated with such activities.

OBJECTION

It is to bring to the light of the users of the website that Sexcare is only an e commerce website trying to sell sexual wellness products online in India which are legally allowed for sale in the country. The website does not support pornography, escort services, lip service or anything related to such activities in any form. However upon using this website the user might come across content which may seem vulgar, lewd, offensive, lustful, or suggestive to him but it may or may not be acknowledged as such. The user agrees to use this website at his risk and also agrees that the website will not be accountable for any of its content which might or might not be considered as offensive or objectionable to him.

UNENFORCEABLE PROVISION OF AGREEMENT

In case any part of the agreement is deemed unlawful or unenforceable, the whole agreement does not cease to be valid. The part which is invalid will be omitted and replaced with a new clause which best matches the intents of the previous clause and the rest of the agreement will remain in force as it was.

QUERIES

For any query and complaint, the website can be reached on email: info@sexcare.com The other means of communication with the website are available at the contact us page. The corporate address of the company is:

If the user does not agree to all or any part of this agreement, he should stop using this website with immediate effect.