- 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.
3.The domain name https://www.SleepCart.in ("Website"), including its online services, such as use of software on Website and information, articles , news, blogs and text, graphics, images and information obtained from service providers and any other material contained on the Website is owned and operated by M/s Hilltop Ventures LLP (“Company”) a limited liability partnership company registered under the LLP Act, 2008, having its registered office at 31, Jasmanium 2, Vatika City, Sector 49, Gurgaon – 122018 (Haryana), India where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.
- The term ‘You’ or “User” shall mean any legal person or entity accessing or using this Website or registered on this Website, who is competent to enter into binding contracts, as per the provisions of the Indian Contract Act, 1872;
- The terms ‘We’, ‘Us’, ‘Our’, ‘Website’ shall mean the Website, Mobile Application, SleepCart and the Company, as the context so requires. Here SleepCart in all contexts is mere a platform for the users to buy and sell the listed products on Company’s portal.
- The terms ‘Party’& ‘Parties’ shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner, and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Website, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User, and that the User’s act of visiting the any part of the Website constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. The User has a duty to periodically check the terms and stay updated on its requirements. If the User continues to use the Website following such a change, the User will be deemed to have consented to any and all amendments /modifications made to the Terms. In so far as the User complies with these Terms, he/she is granted a personal, non-exclusive, non-transferable, revocable, limited privilege to enter and use the Website.
SleepCart is a contemporary multi brand e-commerce platform which offers Mattresses, Beds, Bed-sheets, Bed-covers, Pillows, Cushions, Quilts, Blankets and other sleep products & accessories assuring you a sound, soothing and comfortable sleep.
At SleepCart we focus on selling branded products which cater the needs and comfort of the customers at affordable prices. We work as a platform between business houses and customers that can understands and provide one other need in précised engaged and manner.
Users can choose and buy from a wide range of labelled sleep products online from SleepCart making it a stylish, secure, hassle free and value for money deal.
The User represents and warrants that he/she/it is competent and eligible to enter into legally binding agreements and that he/she/it has the requisite authority to bind himself/herself/itself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use this Website if he/she/it is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.
These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until:
- The User continues to access and use the Website; or
- The Transaction between the Parties, if any, concludes to the satisfaction of both Parties;
- You agree and acknowledge that https://www.SleepCart.in controls in any manner any transactions on the website. Accordingly, the contract of sale of products or services on the website shall be a strictly bipartite contract between you and the Website. The Parties agree that certain portions of these Terms (“Clauses”), such as Clauses 19, 20, 22 & 23 shall continue to remain in full force and effect indefinitely, even after the expiry or termination of these Terms as contemplated herein.
The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Website, or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
- Website is a platform where users have an access to all the relevant information pertaining to their choices of sleep, bed time products and home furnishing.
- The User needs to register himself firstly on the website by creating user id and password, secured by the OTP (One Time Password) verification method and after logging in the user can access and/or buy from the entire range of sleep products by paying the respective price.
The User expressly agrees that notwithstanding anything contained hereinabove, he/she may be contacted by the company or any of its affiliates / partners relating to any service availed of by the User on the Website or anything pursuant thereto.
It is expressly agreed to and by the Parties that any information shared by the User with the company shall be governed by the Policy.
- Payments for the products offered by website may be made through payment gateway, CC Avenue, Net Banking, Credit card, Debit card, UPI, and other wallets. The payment made by the customer/user in the mode specified herein will be entertained or acknowledged in the following manner:
- Payment made by the Buyer User of products will be accepted and acknowledged as per the price listed/stated as against the particular product;
- Payment made to the Supplier/Vendor User of the products shall be accepted or acknowledged as per the terms and conditions of the Agreement as agreed mutually between the Company and the respective Vendor/Supplier.
- The selected or desired product will be dispatched to the customer/user only in case of full payment of the price of the respective product, no product will be sold or dispatched on part payment.
- Company offer no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Users card/bank accounts.
- GST on all the above components shall be charged separately.
- Company has a right to hold or reclaim the Payment in cases of abuse, fraud or violation of agreement.
Further, the company reserves the right to amend this fee policy for any or all products and services sold or offered. In such an event, the User will be intimated of the same when he/she attempts to access the Website, and the User shall have the option of declining to avail of the services offered on the Website. Any such change, if made, shall come into effect immediately upon such change being notified to the User, unless specified otherwise.
- It is the duty of User to provide one’s true/accurate/complete information, and all the details relating thereof on the website. If any Use detail found to be false then company shall reserve the right on its sole discretion to reject the registration and debar the User from using the Services available on its website, without prior intimation whatsoever.
- The User agrees to comply with all notices or instructions given by Company from time to time to enable the use of the Services.
- User shall take care to choose the right products and advised to check the product description carefully so company can deliver the desired products. By placing a booking for order for a product User agree to be bound by the conditions of sale included in the product or item's description.
- The User shall promptly make the payment to Company towards the goods purchased as and when it becomes payable.
- User shall indemnify and hold the Company, harmless for any loss or damage arising out of User’s to comply with any applicable laws or regulations and for breach of the following warranties and representations.
- User shall also comply with all GST and other applicable provisions and in no case the company will be held liable for non compliance of GST laws and provisions on part of User.
- The User shall at all times during the pendency of this agreement endeavor to protect and promote the interest of the Company and ensure that there will be no damage to third party (client/customer) due to act/ omission on the part of the User.
- User agrees to use the facilities provided by the Website, SleepCart, its affiliates, consultants, vendors, contracted companies for lawful purposes only and comply with all applicable laws and regulations while using the Website and while transacting on the Website.
- User is bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Website. Any such use / limited use of the Website will only be allowed with the prior express written permission of the Company. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information contained on the Website is expressly prohibited.
- The user will be responsible for maintaining the confidentiality of the account and password for restricting access to your computer to prevent unauthorized access to the account.
- The user shall be responsible for all activities that occur under user’s account.
- The User further undertakes not to:
- Engage in any activity that interferes with or disrupts access to the Website or the services and/or goods provided therein (or the servers and networks which are connected to the Website);
- Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
- Publish, post, disseminate, any information which 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 under any law, rule or regulation currently in force; 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;
- Post any image/file/data that infringes the copyright, patent or trademark of another person or legal entity;
- Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
- Download any file posted/uploaded by another User of the Website that the User is aware, or should reasonably be aware, cannot be legally distributed in such a manner;
- Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other User of, or visitor to, the Website, or any other customer of the Website, including any User account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked websites;
- Collect or store data about other Users of the Website.
- Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party/ies;
- Violate any code of conduct or guideline which may be applicable for or to any particular product or service offered on the Website;
- Violate any applicable laws, rules or regulations currently in force within or outside India;
- Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
- Publish, post, or disseminate information that is false, inaccurate or misleading;
- Directly or indirectly offer, attempt to offer, trade, or attempt to trade, 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.
- Commit any act that causes the Company to lose (in whole or in part) the services of its internet service provider ("ISP") or in any manner disrupts the services of any other supplier/service provider of the Company/Website;
- Engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other Users via the Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another User of the Website without the express prior written consent of the Company.
In any of the above circumstances or SleepCart suo moto in its sole discretion shall have the right to block any user from further using the facilities provided so by SleepCart. In any unwarranted circumstance SleepCart have all rights to take legal and punitive actions against defaulting User.
The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company /Website to law enforcement or other government officials, as Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
Further the User expressly agrees and acknowledges that the Company/Website has no obligation to monitor the materials posted on the Website, but that it has the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, the User remains solely responsible for the content of the materials posted on the Website by him/her. In no event shall the Company/Website assume or be deemed to have any responsibility or liability for any content posted, or for any claims, damages or losses resulting from use of any such content and/or the appearance of any content on the Website. The User hereby represents and warrants that he/she has all necessary rights in and to all content provided as well as all information contained therein, and that such content does not infringe any proprietary or other rights of any third party/ies, nor does it contain any libellous, tortuous, or otherwise unlawful or offensive material, and the User hereby accepts full responsibility for any consequences that may arise due to the publishing of any such material on the Website.
SleepCart may on its sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Products and/or Services and/or a Third Party Provider’s services, subject to any additional terms that SleepCart establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes:
- must be used for the intended audience and purpose, and in a lawful manner;
- may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by SleepCart;
- may be disabled by SleepCart at any time for any reason without liability to SleepCart;
- may only be used pursuant to the specific terms that SleepCart establishes for such Promo Code;
- are not valid for cash; and
- may expire prior to your use;
- customer acknowledges that he/she will not be personally notified of any such change/ amendment / addition /deletion/ modification to the Offer;
- customer is advised to check for any such change/ amendment / addition /deletion/ modification regularly;
- customer hereby unconditionally agrees to all such changes/ amendments/ additions/deletions/ modifications;
- the Offers will be applicable only on purchasing made through SleepCart.in;
- offer discounts may vary from one product to another. Customer is advised to verify the applicable offers on a particular product, before applying the offer code;
- offers are applicable only on the maximum retail price of the product, unless stated otherwise;
- One Offer cannot be combined with any other Offer(s), unless stated otherwise;
In addition to the general terms and conditions mentioned herein, Offers may have other terms and conditions specific to such Offer. The terms and conditions may include restrictions regarding cancellation and refund. Customer is advised to get accustomed, acknowledge and accept the same before availing any discounts under any Offers. Availing of an Offer is at the discretion of the customer.
SleepCart reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that SleepCart determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms.
Any payment related issue, except when such issue is due to an error or fault in the Site, shall be resolved between You and the Payment Processor. SleepCart.in shall not be responsible for any unauthorized use of Your E-Wallet during or after availing the Services on the website.
Neither SleepCart nor the Company will responsible or acknowledge for any cancellation or refund or replacement of the products bought by the User as SleepCart is mere a platform between the Buyers and the Vendors.
- You further agree and acknowledge that, You may cancel Your product purchased subject to the terms and conditions regarding replacement or refund or cancellation policy adopted by the respective Vendor/Businesses, and therefore the User is advised to check and read the same before placing any order on SleepCart.
All issues, opinions, suggestions, questions and feedback while buying the products from our website and availing our services shall be communicated to us through email address mentioned.
Reporting of any complains needs to be within 7 (seven) days of the happening of the receipt of the product, failing which, such complains will not be addressed.
Any issue reported on channels other than the above may be addressed by SleepCart.in only on a best-effort basis. SleepCart takes no liability for inability to get back on other channels.
SleepCart shall endeavour to respond to Your complains within 2 (two) working days of Your reporting the same and endeavour to resolve it at the earliest possible. It is hereby clarified that complains are resolved on severity basis, and certain may be resolved earlier than the other. However, SleepCart shall not be liable for any damages or losses in the event you are not satisfied with any such resolution.
By buying any products or availing any services on SleepCart user/customer acknowledges that SleepCart will Call/Email/SMS or send alerts to give/take information regarding his/her purchase.
Notwithstanding other legal remedies that may be available to it, Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend / terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
- If the User is in breach any of these Terms or the Policy;
- If the User has provided wrong, inaccurate, incomplete or incorrect information;
- If the User’s actions may cause any harm, damage or loss to the other Users or to the Website/Company, at the sole discretion of the Company.
- If User’ action copying or duplicating in any manner any of content or other information available from the Website.
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its directors, partners, affiliate Users, employees, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the User's actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User's infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the services, products or materials contained therein.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this clause shall survive even after the termination or expiry of the Terms and/or Policy.
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Website’s and/or Company’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, images, and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company the company shall be the exclusive owner of all the designs, graphics and the like, related to the Website.
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective Users of the Website, or that in any manner disparages or discredits the company/Website, to be determined in the sole discretion of the Company.
The User is aware that the products displayed on the Website are the artistic creations of their respective owners, and that all intellectual property, including but not limited to copyrights, relating to said products resides with the said owners, and that at no point does any such intellectual property stand transferred from the aforementioned creators to the Website/company, or to the User.
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this clause shall survive even after the termination or expiry of the Terms and/or Policy.
- Except as otherwise expressly stated on the Website, all products/services offered on the Website are offered on an "as is" basis without any warranty whatsoever, either express or implied subject to be mentioned as otherwise.
- Information accessed through company website and other touch points is presented in summary form and is not exhaustive. Company makes no warranties or representations as to its accuracy or completeness. This information is provided "as is" without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for particular purpose, or non-infringement.
- The Company/Website does not guarantee that the functions and services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
- It is further agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.
Any comments, feedback, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company /Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes/claim/refund/compensation arising here from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Clause shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute/claim/refund/compensation between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration under Arbitration and Conciliation Act, 1996 by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The seat of Arbitration shall be in the Gurugram , Haryana, India.
- This Agreement shall be governed by and construed in accordance with the laws of India. The Parties hereby agree to submit to the jurisdiction of the competent Courts at Gurugram.
Any or all kind of communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD).
These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.
The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision /clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.