Term Conditions Page

Upahar.com is a website providing services all over world and delivering you gifts, flowers, cake at your doorstep. All products, services and information displayed on Upahar.com are to put forward your order that you buy which shall be subject to the terms and conditions as listed below. Upahar.com managed by Fylli Services LLP. Upahar.com or Fylli Services LLP never produced any products, purchase products from different vendor and deliver to customers via Fylli Services delivery boy and through different courrier services after accepting orders via upahar.com. Upahar.com reserves the rights to accept or reject your order and inform you by email regarding the confirmation of your order. Please read these Terms carefully. Accessing or using the Upahar.com Services binds you bound by these Terms and any revisions, so you should periodically visit this page to review the current Terms. Access or use of the Upahar.com services following any change to the Terms constitutes your agreement to those changes. If, at any time, you choose not to accept the terms of these Terms, you should not access or use the Upahar.com Services.

You agree that you do not have any rights in the Upahar.com Services and that Upahar.com will have no liability to you if the Upahar.com Services, or any portion thereof, are discontinued or your ability to access or use the Upahar.com Services is terminated.

Authorized Users

·       Only authorized users can use the Upahar.com services by signing in and assured of approving the terms & conditions of the company.

·       For opting registration at Upahar.com your age should be 18 years or, over and If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use this Site only under the supervision of your parents or legal guardian who agrees with the Terms & conditions.

·       Upahar.com reserves the rights to end your registration/membership and refuse to provide you with the authority to use the Site, if we find any unfavorable act against the Upahar.com.

·       In future the site will not be available to a person whose registration has been terminated by Upahar.com for any reason.

·       If you are registering as a businessperson, you must show that you have authority to join the unit to this User Agreement. Unless specified the materials on this website are directed solely at those who access this website from India.

Payment Information

·       Upahar.com provides you a true value of a product and its information, (pricing errors may occur).

·       If in case, your order is not dispatched and an incorrect information has occurred due to an error in pricing or product(s) information, your order will not be considered and we reserve the rights, to cancel the order for any reason and revert back to you through e-mail.

·       If we accept your order, the difference in amount will be credited to your account and you will be informed through email, that the payment has been processed.

·       The payment may be processed prior to Upahar.com dispatch of the product that you have ordered.

·       If we have to cancel the order after we have processed the payment, the said amount will be reversed back to your payment account.

Cancellation Policy

·       Please note that there are some orders that we are unable to accept and they will be cancelled from our side.

·       We reserve the right, to cancel the order for any reason. Like under any foreseen circumstances that may come in the way of your order that may be limitations on quantity available for purchase, error in product(s) or pricing information, or limitations of our credit department.

·       We may also require information before accepting your order. We will contact you if in any case, your order is cancelled or any kind of information that is required to accept your order.

·       If your order is cancelled after your credit card has been charged, the amount will be credited to your account within 4-5 working days.

Online Payments

·       If you are paying via credit/debit card, remember that in a credit/debit card transaction you must use your own credit/debit card.

·       You must give the correct information of your credit card details to us. We assure you that in future the given information will not be shared from our side.

·       In any case, it will be not our responsibility for any credit card scam. Unless law requires the responsibility from our side with any of the third party also the use of a card falsely will count on your part.

Fraudulent Transactions

·       Upahar.com reserves the rights to recover the cost of goods, collection charges from people using the Site fraudulently.

·       We also reserve the rights to take legal action against such people for fake use of the Site and any other unlawful acts done against the terms and conditions of the company.

Site Security

·       For security purpose it is strictly prohibited to use the site illegally, like using data not anticipated for you.

·       If you are trying to obstruct the services of any other user by means of putting a virus on Site, overloading, "spamming," "mail bombing" or sending unwanted e-mail's, disobedience of system or network security is against legal responsibility and major actions will be taken by the authorities for obstructing the services.

·       You cannot use any device, software or routine to hold up or attempt to interfere with the proper working of the Site or any activity being conducted on the Site.

Colors

The colors of product(s) that appear on Site are accurate. However, we cannot guarantee that your monitor's display the same accurate colors or not.

Not recommended by the site

·       You are not permitted to use the site illegally, that is in advance using illegally to other computer systems.

·       Passing on electronic copies of material confined by copyrights without the permission of the owner.

·       Interfering or disrupting networks or web sites connected to the Site. Disobeying any law which is not in favor of the company.

Entire Agreement

If we fail to act with respect to a fall foul by you or others, does not ignore its rights to act with respect to following or similar violation that means the entire agreement between you and Upahar.com with respect to all its services and its achievements and all former proposals, whether electronic, oral or written.

 Termination

·       You may lapse the Agreement with Upahar.com at any time, and from that time you won't be able to continue to use the services of the Site.

·       Also, Upahar.com has right to terminate this User Agreement at any time and may do so directly without notice, and accordingly disallow you to access the Site, Such termination will be without any legal responsibility to Upahar.com.

·       This User Agreement is of use unless and until terminated by either you or Upahar.com.

 You Agree and Confirm

·       In case if you have given us incomplete information of delivery (i.e. wrong name or address) extra charges will be taken from you.

·       Upahar.com reserves the rights to confirm the information and other details provided by you at any time, and if your given information is not correct, we reserve the rights to reject your request of the given address or information.

·       When placing an order for a product you agreed with the conditions of sale, which is included in the item(s) description and you are using the services available on this Site and transacting at your own responsibility.

 Modification of Terms and conditions of Service

·       Upahar.com can any time modify the User Agreement without any prior notification to its customers.

·       We will inform you about the changes in the User Agreement via e-mail that is provided by you while registering on Upahar.com.

·       You should regularly review the User Agreement on Upahar.com. In case modified User Agreement is not satisfactory to you, you should discontinue using the services.

·       However, if you continue to use the services, you shall be considered to have agreed with the terms & conditions and abide by the modified User Agreement.

·       Account and Registration Obligations

·       The information that you give us at the time of registration of buying or listing process, through e-mail must be clear and correct.

·       We assure you that your information is safe in our hands at the same time you are requested for maintaining the confidentiality of your account and Password and for restricting access to your computer.

·       We shall not be responsible for any loss, which may arise as a result of any failure from your side to protect your password or account.

Reviews, Feedback, Submissions

Upahar.com reverses the rights of all reviews, feedback, while accessing the site. You agree that any Comments submitted by your side on the site will not break this policy or any right of the third party, including copyrights, trademark, privacy, will not create any kind of illegal or disturbance to any person. Comments given by you on the site will not contain any illegal material, or any software viruses, form of Spam etc.

 Third Party Selling

·       You are requested to follow certain Terms & Conditions related to the products that you buy or sell on Upahar.com by third party seller.

·       Upahar.com will not be able to manage the transactions of the dealers, when you buy products from dealers on the Site you must follow certain terms & conditions.

·       We are not responsible for any break up of contract done between you and the dealer.

·       We cannot guarantee that the third party will execute the transaction accomplished on the Site or of the quality, pricing marketing etc. of the items offer to be sold on the Site by their side.

·       Upahar.com or their employees who are connected with the company are not responsible for any damage, liability or for any actions of the dealers on the Site.

·       If you find third party information offensive, inaccurate, or deceptive, please use security measures and do safe trading while using the Site.

·       Please note that there are also risks of dealing with foreign nationals and people found to be foul.

·       You are requested not to use a fake email address or wrong information for remarks that you will submit.

 Indemnity

If any kind of damage or loss is done from your side or from the third party, Upahar.com or its employees are not responsible for any kind of claims. When you are agree to the terms and conditions of the company you are liable of all the claims done by you or the third party who deals with you. If there is non-fulfillment of any of your requirement under the User Agreement that is a unpaid statutory due and tax, violation of rights of privacy or publicity or intellectual property, loss of services by other subscribers or any other rights. This clause will terminate the User Agreement.

Limitation of Liability and Disclaimers

·       The Board of Directors/senior management of the Company has power to modify or replace the Code, as they may consider essential from time to time in their absolute discretion. Company will not be responsible for the risks associated while using the Site.

·       The Site provides content from other Internet sites or resources and while we try to make sure that material included on the Site is correct, reputable and of high quality, it cannot accept responsibility.

·       Upahar.com is not responsible for any errors or for the results found from the use of such information or for any technical problems you may experience in the future while accessing the site.

·       Upahar.com and its associates make no assurance about the accuracy, reliability, correctness of any content, information, software, text, graphics, links or communications provided on the use of the Site or the function of the Site will be uninterrupted.

·       Thus, Upahar.com consider no legal responsibility, whatsoever for any financial or other damages from your side for account delay, failure, interruption, or corruption of any data or any interruption in the function of the Site.

 Copyright & Trademark

·       Upahar.com and its suppliers reserve the rights in all text, programs, products, processes and other materials, which appear on the Site.

·       All rights, including copyrights, on the site are owned and licensed to Upahar.com limited. Any use of the site or its content without our authorization, including copying or storing it, for your own personal or for the non-commercial use is prohibited.

·       You cannot modify anything on the site for any purpose.

·       Name and logo of Upahar.com and all related products and service names, design marks and slogans are the trademarks/service marks of Upahar.com Ltd.

·       All other marks are property of their respective companies.

·       No trademark or service mark license is granted in connection with the materials contained on the Site.

·       We are not responsible for the content of any third party site and not make any depiction regarding the content or precision of material on such site.

·       If you decide to link to any such third party website, you do so entirely at your own risk.

·       All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of the Site are intended only for personal, non-commercial use.

·       You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only.

·       No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying.

·       All software used on the Site is the property of Upahar.com or its suppliers and protected by Indian and international copyright laws.

·       The collection of all Contents on the Site is exclusive property of Upahar.com and is also protected by privacy and copyright laws.

Fresh Flowers/Cake DISCLAIMER

              .    Upahar.com and Fylli Services LLP never produced flowers/ bouquet or cakes. Upahar.com and Fylli Services LLP sends orders to different             vendor and deliver those to end customers after receiving order via upahar.com

·       We CANNOT commit any fix time for delivery as mentioned in Special Instructions or otherwise. Deliveries will be made between 8 am to 8 pm on the given date.

·       Orders received till 2 pm will be delivered on next day unless delivery date in mentioned.

·       We deliver on Sundays also.

·       The above product will be delivered only in the cities mentioned in the List of Serviceable Cities.

·       We will attempt delivery of the items once. In case the delivery is not executed during the attempt, due to wrong address/recipient not available/premises locked, the customer shall still be charged for the order.

·       Please note that Flowers, Cakes and other perishable products are sourced locally at the delivery location & will be hand delivered.

·       No Deliveries on National Holidays.

·       The image displayed in indicative in nature. Actual product may vary in shape or design as per the availability.

.     Upahar.com and Fylli Services LLP will not be liable for any damages of any kind arising in relation to (1) the use or consumption of products procured / manufactured by third parties or (2) the products delivered to you by any third party. upahar.com and Fylli Services LLP assumes no responsibility for examining or evaluating the products and services offered by them. upahar.com and Fylli Services LLP does not warrant the offerings of, any of these businesses or individuals. upahar.com and Fylli Services LLP does not endorse, in any way, any third party products or services or websites content thereof. Any claim in respect of the same shall be made directly with the third party.

.     If upahar.com and Fylli Services LLP is unable to deliver your order, then complete refund will be made. We shall not be liable for any other charges, loss of profits, emotional stress or any other liability etc. caused due to non-delivery.

For Courier Products

·       Orders will be delivered within 3-4 working days.

·       The above products will deliver through Blue Dart Courier.

·       The above product will be delivered all over India.

·       No Deliveries on National Holidays and Sundays.

·       Courier and express product cannot be delivered together at same time.

·       We cannot commit exact date of delivery for courier products. Courier product will reach in advance/late within 3-5 days as per date of delivery.

Refund Policy

·       Cancelation by upahar.com

Please note that there are some orders that we are unable to accept and they will be cancelled from our side. We reserve the right, to cancel the order for any reason. Like under any foreseen circumstances that may come in the way of your order that may be limitations on quantity available for purchase, error in product(s) or pricing information, or limitations of our credit department. We may also require information before accepting your order. We will contact you if in any case, your order is cancelled or any kind of information that is required to accept your order. If your order is cancelled after your credit/debit card has been charged, the amount will be credited to your account within 4-5 working days.

·       Cancellations by the customer: Before Dispatch

In case we receive a cancellation notice from your side and the order has not been dispatched by us, we will cancel the order and refund the entire amount within 4-5 working days.

·       Cancellations by the customer: After Order Process

On the other hand, on cancellation of an order after it has been processed from our side, there is no refund or cancellation will be applicable on that particular order. We expect that no difference of opinion will happen from your side regarding the cancellation. If the Product is once dispatched, it cannot be returned.