General Terms and Conditions

Last updated: April 29, 2024

Terms and Conditions

1. CYBERFLAKE operates this website, and throughout the site, the terms "we," "us," and "our" refer to CYBERFLAKE. By accessing or using our website, you signify your acceptance of these Terms of Service. Please read them carefully before proceeding. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content. 
2. When you visit our site or make a purchase, you engage in our services and agree to comply with the Terms of Service, as well as any additional terms, conditions, policies, and notices referenced herein or made available through hyperlinks. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use our services. 
3. It is important to review these Terms of Service periodically as they may be updated, changed, or replaced by posting updates and/or changes on our website. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes. The most current version of the Terms of Service can be found on this page. 
4. It is your responsibility to carefully read and understand these Terms of Service before using our website. If you have any questions or concerns about the Terms, please contact us for clarification.

Section 1 - Terms of Service for the Online Store

1. By accepting these Terms of Service, you confirm that you have reached the age of majority in your state or province of residence. If you are under the age of majority, you certify that you have obtained parental or guardian consent to use this site. 
2. Our products must not be used for any illegal or unauthorized purposes. When using our services, you agree to comply with all applicable laws and regulations in your jurisdiction, including copyright laws.
3. It is strictly prohibited to transmit any worms, viruses, or any other malicious code that could cause harm to the website or its users. 
4. Failure to abide by any of these Terms will lead to an immediate termination of your access to our services.

Section 2 - General Conditions

1. We retain the right to refuse service to anyone, at our discretion, for any reason and at any time.
2. You acknowledge that your content, excluding credit card information, may be transmitted unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, including the use or access to the Service, or any contact on the website, without our express written permission.
4. The headings used in this agreement are included for convenience only and do not limit or affect these Terms in any way.

Section 3 - Accuracy, Completeness, and Timeliness of Information

1. We cannot guarantee the accuracy, completeness, or timeliness of the information provided on this site. The material presented on this site is intended for general information purposes only. It should not be solely relied upon or used as the sole basis for making decisions without consulting more reliable, accurate, complete, or timely sources of information. Any reliance on the material on this site is done at your own risk.
2. This site may contain historical information which is not current and is provided for reference purposes only. We reserve the right to modify the content on this site at any time, but we are not obligated to update any information. It is your responsibility to regularly monitor changes on our site.

Section 4 - Service and Price Modifications

1. The prices of our products may be subject to changes without prior notice. We retain the right to modify or discontinue the Service, or any part or content of it, at any time without prior notice. We will not be held liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Service.

Section 5 - Products and Services

1. Certain products or services may be exclusively available online through our website. These products or services may have limited quantities and are subject to our Return Policy for returns or exchanges.
2. We have made every effort to accurately display the colors and images of our products on the store. However, we cannot guarantee that your computer monitor will accurately reflect the colors.
3. While we reserve the right to limit the sales of our products or services to certain individuals, geographic regions, or jurisdictions, such limitations will be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services offered. Descriptions of products or product pricing are subject to change at our sole discretion without notice. We may discontinue any product at any time. Any offers for products or services made on this site are void where prohibited. 
4. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained through us will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

1. We retain the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. Such restrictions may apply to orders placed under the same customer account, the same credit card, or orders using the same billing and/or shipping address. If we make changes to or cancel an order, we will make an effort to notify you by using the email address and/or billing address/phone number provided at the time of placing the order. We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors. 
2. By using our store, you agree to provide current, complete, and accurate purchase and account information for all transactions. You also agree to promptly update your account and other relevant information, including your email address, credit card numbers, and expiration dates, to ensure the completion of your transactions and to allow us to contact you as necessary. 
3. For more detailed information, please refer to our Returns Policy.

Section 7 - Optional Tools

1. We may grant you access to third-party tools that we do not monitor, control, or have any input in. You acknowledge and agree that we provide access to these tools "as is" and "as available," without any warranties, representations, or conditions, and without endorsing them. We shall not be liable for any issues or damages arising from your use of optional third-party tools. 
2. The use of optional tools provided through the website is entirely at your own discretion and risk. It is your responsibility to familiarize yourself with and agree to the terms and conditions set by the relevant third-party provider(s) regarding the use of their tools. 
3. Furthermore, we may introduce new services and/or features through the website in the future, including the release of new tools and resources. These new offerings will also be governed by these Terms of Service.

Section 8 - Third-Party Links

1. Some content, products, and services available through our Service may include materials from third parties. This site may contain links to third-party websites that are not affiliated with us. We do not have control over or responsibility for examining or evaluating the content or accuracy of these third-party materials or websites. Consequently, we do not provide any warranties and will not be liable for any third-party materials, websites, or for any other materials, products, or services offered by third parties. 
2. We are not responsible for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with third-party websites. It is important that you carefully review the policies and practices of the third party and ensure you understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

Section 9 - User Comments, Feedback, and Other Submissions

1. If we request specific submissions from you (such as contest entries), or if you voluntarily provide creative ideas, suggestions, proposals, plans, or other materials to us, whether online, by email, by postal mail, or through other means (collectively referred to as "comments"), you agree that we have the unrestricted right to edit, copy, publish, distribute, translate, and use your comments in any medium, at any time, without any limitations. We are not obligated to (1) keep your comments confidential, (2) provide compensation for your comments, or (3) respond to any comments. 
2. While we may, at our discretion, monitor, edit, or remove content that we deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates intellectual property rights or these Terms of Service, we are not obligated to do so. 
3. You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. Furthermore, you agree that your comments will not contain libelous, unlawful, abusive, or obscene material, nor will they contain any computer viruses or malware that could impact the operation of the Service or any related website. You must not use a false email address, pretend to be someone else, or mislead us or third parties regarding the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no liability for any comments posted by you or any third party, and we disclaim any responsibility for them.

Section 10 - Personal Information

1. The collection and handling of your personal information through the store are regulated by our Privacy Policy.

Section 11 - Errors, Inaccuracies, and Omissions

1. From time to time, our site or the Service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We have the right to correct any such errors, inaccuracies, or omissions, and to modify or update information or cancel orders if any information in the Service or on any related website is found to be inaccurate, without prior notice (even after you have submitted your order). Please note that we are not obligated to update or clarify information in the Service or on any related website, including pricing information, except as required by law. The absence of a specified update or refresh date should not be interpreted as an indication that all information in the Service or on any related website has been modified or updated. 

Section 12 - Prohibited Uses

1. In addition to the other prohibitions stated in the Terms of Service, the following uses of the site or its content are strictly prohibited:  
   1. Using the site for any unlawful purpose.  
   2. Soliciting others to perform or participate in any unlawful acts. 
   3. Violating any international, federal, provincial, or state regulations, rules, laws, or local ordinances.  
   4. Infringing upon or violating our intellectual property rights or the intellectual property rights of others.  
   5. Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.  
   6. Submitting false or misleading information.  
   7. Uploading or transmitting viruses or any other malicious code that may interfere with the functionality or operation of the Service, related websites, other websites, or the Internet.
   8. Collecting or tracking the personal information of others.  
   9. Engaging in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping.  
   10. Using the Service for any obscene or immoral purpose. 
   11. Interfering with or circumventing the security features of the Service, related websites, other websites, or the Internet.   **We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

1. We cannot guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
2. We do not warrant that the results obtained from the use of the service will be accurate or reliable.
3. You acknowledge that we may, from time to time, remove the service for indefinite periods or cancel the service at any time without prior notice to you.
4. You expressly agree that your use of the service, or the inability to use the service, is at your sole risk. The service and all products and services provided to you through the service are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement, unless expressly stated by us.
5. In no case shall CYBER FLAKE, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product. This includes any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if we have been advised of the possibility of such damages.

**However, in states or jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend, and hold CYBER FLAKE, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

Section 15 - Severability

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the remaining provisions shall continue to be fully enforceable to the extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.

Section 16 - Termination

The rights and obligations of the parties that have been incurred prior to the termination date will remain in effect after the termination of this agreement. These Terms of Service will remain effective unless terminated by either you or us. You have the option to terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you cease using our site. If, in our sole discretion, we determine that you have failed to comply with any term or provision of these Terms of Service, or if we have reason to suspect such failure, we may terminate this agreement without notice. In such cases, you will be responsible for all outstanding amounts up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

1. The failure of us to exercise or enforce any right or provision of these Terms of Service does not waive such right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or related to the Service, constitute the entire agreement and understanding between you and us, governing your use of the Service.  
2. They supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the party responsible for drafting them.

Section 18 - Governing Law

These Terms of Service and any separate agreements through which we provide you Services shall be governed by and interpreted in accordance with the laws of India. The jurisdiction for any legal matters arising from these terms shall be the courts of Bagalkot, Karnataka.

Section 19 - Changes to Terms of Service

1. You can always review the most up-to-date version of the Terms of Service on this page.  
2. We retain the right, at our sole discretion, to update, modify, or replace any portion of these Terms of Service by posting updates and revisions on our website. It is your responsibility to periodically check our website for any changes. By continuing to use or access our website or the Service after any modifications to these Terms of Service have been posted, you signify your acceptance of those changes.

Section 20 - Contact Information

If you have any questions regarding the Terms of Service, please contact us at support@cyberflake.in. 

Section 21 - Data Privacy

1. Protecting your privacy is our priority, and we handle the information we collect about you in accordance with applicable laws.  
2. The information we collect from you, such as your name, address, phone number, and email address, is used solely for the purpose of processing your order and providing you with exceptional service.  
3. You have the right to opt-out of receiving any marketing emails from us. We ensure that the information we collect is accurate and kept up to date.  
4. You can update your information in your profile or by contacting us at info@cyberflake.in
5. Rest assured that we maintain the highest security standards to safeguard the personal information we collect. To enhance our service, we employ technology to track visitor patterns on our website.